HomeMy WebLinkAboutCSD-11-039 - Amendments to Chapter 630 Fences of the Municipal CodeREPORT TO:Community and Infrastructure Services Committee
DATE OF MEETING:
April 11, 2011
SUBMITTED BY: Jeff Willmer, Deputy CAO, Community Services , Ext. 2325
PREPARED BY:
Shayne Turner, Director of By-law Enforcement, Ext. 2753
WARD(S) INVOLVED: All
DATE OF REPORT: April 4, 2011
REPORT NO.:
CSD-11-039
SUBJECT:
AMENDMENTS TO CHAPTER 630 FENCES OF THE CITY
OF KITCHENER MUNICIPAL CODE
RECOMMENDATION:
That a by-law be enacted to amend Chapter 630 (Fences) of the City of Kitchener Municipal
Code to reflect housekeeping amendments relating to the enforceability of the By-law, as well
as powers of entry and undertaking remedial actions on private property, as outlined in Staff
Report No. CSD-11-039.
BACKGROUND:
Chapter 630 (Fences) of the City’s Municipal Code contains the regulations relating to the
building and maintaining of fences on property within the City. Staff are proposing to amend the
By-law to address some issues that have arisen as a result of their enforcement operations.
REPORT:
The purpose of the amendments is to clarify the wording of certain sections in order to make
them more understandable and easier to explain to members of the public. An example being
the provisions relating to fencing within corner lots, driveway triangles, interior lots and side-
yards. Experience has shown that many people build fences without checking the regulations
first. Staff are attempting to change this with public education efforts. In doing so, staff
recognize that the by-law regulations themselves need to be as clear as possible, noting that
there are situations where someone may search the regulations themselves without seeking
any further clarification of staff.
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In addition, staff have found that certain wording is now presenting a challenge with regard to
enforceability, particularly with fence violations that may have existed for an extended period of
time. For example, some sections of the by-law make reference to “erecting a fence…” which
focuses only on the actual time period when the fence is being built. The proposed
amendments would include the reference to “allowing to remain…”, which would be applied in
situations where it is not clear who actually built the fence or when. Even though the violation
may have existed for sometime, without the knowledge of City staff, it is important to be able to
address the concern due to the inherent safety issues associated with many fence violations.
Staff wish to make it clear that there are no proposed changes to the actual regulations that
residents must comply with, such as the permissible heights in front, side or rear yards.
Also, staff are proposing an amendment that would provide the authority to enter onto private
property to undertake any work required to be done when the owner fails to do so, after having
been directed by staff. The authority for such a provision is contained in the Municipal Act. All
costs associated with staff’s actions can be applied to the tax rolls for the property and collected
in a like manner as taxes. This authority is already contained, and used regularly by staff, in
other by-laws they enforce, namely Property Standards, Zoning and Lot Maintenance, and
aligns with the amendments to the City’s Adequate Heat By-law that were reported to Council in
January.
This proposed provision should be viewed as another tool in staff’s tool box and will only be
used when any other available means of obtaining compliance are unsuccessful. Staff will
ensure that a property owner is first provided with specific notification and any reasonable time
to comply.
Finally, staff are recommending that the powers of entry provisions in the By-law be updated to
reflect the updated provisions contained in the Municipal Act, 2001.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The proposed amendments to the City’s Fence By-law support the Community Priority of
Quality of Life as well as the Foundation of the Strategic Plan relating to Efficient and Effective
Government.
FINANCIAL IMPLICATIONS:
N/A
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COMMUNITY ENGAGEMENT:
The suggested changes are housekeeping in nature and do not impact the actual regulations
that members of the community must comply with. The amendments will be communicated to
the public by way of the City’s web site and staff will be communicating with the fence
construction industry this spring with regard to the common things to be aware of when
constructing fences in residential areas. In addition, general information relating to fence
construction will be included in the By-law Enforcement Division’s general public information
plan for this spring, including the increased distribution of the Division’s “Your City Rules”
publication. There is no legislative requirement to advertise these proposed amendments in the
newspaper.
ACKNOWLEDGED BY:
Jeff Willmer, Deputy CAO, Community Services Department
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