HomeMy WebLinkAboutCSD-15-089 - Sidewalk Snow Clearing By-law Enforcement Improvements Staff Report
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REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: December 7, 2015
SUBMITTED BY: Michael May, Deputy CAO, Community Services
(519-741-2200, ext. 7079)
PREPARED BY: Gloria MacNeil, Interim Director of Enforcement
(519-741-2200 ext. 7952)
WARD(S) INVOLVED: All
DATE OF REPORT: November 20, 2015
REPORT NO.: CSD-15-089
SUBJECT: SIDEWALK SNOW CLEARING BYLAW ENFORCEMENT
IMPROVEMENTS
RECOMMENDATION:
That the sidewalk snow clearing bylaw enforcement improvements outlined in
report CSD-15-089 be endorsed.
BACKGROUND:
On October 26, 2015, City Council passed the following motion related to the enforcement of
the City's sidewalk snow clearing bylaw:
"That staff be directed to provide a report by December 7, 2015 as to any potential adjustments
that could reasonably be made to the enforcement application of Municipal Code Chapter 687
(Snow and ice — Removal from Roofs and Sidewalks) as an interim measure pending the
completion of a comprehensive review and public consultation of the City's sidewalk snow
clearing policies."
REPORT:
City staff has considered a variety of improvements that could be made to the
enforcement of the existing sidewalk snow clearing bylaw. The options considered, and
being recommended in this report, focus on five specific areas where City Councillors
and staff have traditionally received complaints from the public:
1. Response times for clearing sidewalks found in violation of the bylaw
2. Chronic offenders / properties
3. Enforcement of the "bare pavement" requirement
4. The 24 wait period
5. Public awareness of the sidewalk snow clearing operations
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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The remainder of this report addresses each of these five specific areas.
1. Response Times For Clearing Sidewalks Found in Violation of the Bylaw:
When a bylaw officer identifies a violation, the officer issues a notice to the occupant
of the subject property, either personally if someone is at the address or the notice is
left at the door of the property. The notice provides a 24 hour period for the
individual to comply with the requirements of the bylaw (clear the sidewalk of snow).
After that 24 hour period has passed, the subject property is re-inspected to ensure
compliance. If the sidewalk has not yet been adequately cleared of snow, the bylaw
officer will send a work order to the Operations Division to have the sidewalk cleared
by the City as soon as possible for them to do so. The City bills the property owner a
minimum of$345 to cover the cost of this work.
In previous years, the wait time between when a work order is issued by Bylaw and
when Operations staff becomes available to clear the sidewalk has presented
significant challenges. This is because the work orders sent to Operations staff
typically come at a time when they are already very busy responding to snow events
(e.g. snow removal from roads).
As a pilot project for this coming winter season, Bylaw Enforcement has made
arrangements for an external company, Helmutz Landscape & Interlock, to perform
this sidewalk snow clear work in instances of non-compliance. The company, which
will work closely with Bylaw, has experience doing this type of work for another
municipality in the Region and is familiar with municipal and legal processes of
sidewalk snow clearing. As has been done previously, the property owner will
continue to be billed for this work so there will be no impact to the City's budget.
Staff estimates the average cost to the property owner for Helmutz Landscape &
Interlock to complete this work will be approximately $280 which includes an $85
administration fee to cover the city's costs (bylaw officer's time, invoice processing,
etc.).
Staff anticipates this pilot project will be of significant advantage to the community,
as sidewalks that have been identified as being in violation of the bylaw will be
cleared quicker than previous years and at a lower cost to the property owner.
2. Chronic Offenders/Properties:
In previous years, a number of community members has expressed frustration with
properties that chronically fail to clear their sidewalks and the need for residents to
continually call the City to lodge a complaint about these properties. Staff will create
a list of these chronic offenders and provide that list to Helmutz Landscape &
Interlock, so that they can check these sidewalks on a more proactive basis. Given
limited resources within the Bylaw Enforcement Division, in previous years the City
has only had the capacity to be reactive in inspecting these properties. Bylaw
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Officers will also be given direction from the Bylaw Enforcement management team
to strictly enforce the sidewalk snow clearing bylaw on these properties.
3. 24 Hour Wait Period:
The existing sidewalk snow clearing bylaw requires the City to provide residents with
24 hours after a snowfall ends to clear their sidewalks. For this reason, we currently
do not accept snow complaints until that 24 hour time period has lapsed. In cases
where community members call the Corporate Contact Centre before that time
period is up, they are instructed to call back later.
In the past, residents have expressed frustration with the requirement to provide
people 24 hours after a storm ends to clear their sidewalks and with the need for
them to call back later to lodge a complaint. While staff understand these
frustrations, it is crucial that bylaws contain an element of reasonableness in terms
of the requirements placed on an individual to comply. Staff believe the 24 hour
timeframe is reasonable to provide community members an opportunity to clear their
sidewalks of snow. However, staff can remove the 24 hour wait period for lodging
complaints so residents are not inconvenienced by having to call back later to lodge
their complaint. Staff will also prioritize concerns of sidewalks where there has been
no maintenance for extended periods of time.
4. Bare Pavement Requirement:
The City of Kitchener's current bylaw (Chapter 687) requires property owners to
remove all snow and ice from adjacent sidewalks within 24 hours of a snowfall
ending. This component of the City's bylaw has long been interpreted to mean
sidewalks must be cleared to the concrete surface (bare pavement). Meeting this
standard ensures maximum accessibility and provides an objective standard by
which the bylaw can be implemented. However, cleaning a sidewalk to bare
pavement can be difficult in extremely cold conditions and where ice develops on a
sidewalk.
Some members of the community have suggested that instead of a bare pavement
requirement, it would be more appropriate to use a "reasonable" or "passable"
standard. In addition to accessibility challenges these standards may create, they
are also much more subjective and open to interpretation which may vary from
person to person and bylaw officer to bylaw officer. Enforcing such a standard would
be extremely difficult.
Currently, the Ontario Minimum Maintenance Standards (OMMS) task force is
considering an amendment to the regulation that would provide a provincial standard
for snow accumulation and ice prevention on sidewalks.
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Based on the information staff has received indicating the Province may be setting
sidewalk maintenance standards in 2017, staff believe the City should continue to
enforce the bare pavement standard this winter season. Bylaw officers will be
directed to use their discretion and to consider weather conditions such as frigid
temperatures and other factors when enforcing this standard.
5. Public Awareness of the Sidewalk Snow Options:
Staff has developed a comprehensive communications plan to build public
awareness of sidewalk snow clearing requirements. This plan will start to be
implemented in December and run through the remainder of the winter season.
Recognizing that due to health, mobility or other restrictions some residents may
need help in clearing snow from their sidewalks, the City has developed a
comprehensive communication plan to advise residents of local agencies that can
provide this help at a reasonable cost. This information will be shared digitally on the
homepage of the City's webpage and through the City's social media channels.
Currently, nearly 40,000 people follow the City's Twitter feed while the Facebook
page has more than 10,000 followers. This information will also be included in the
City's Leisure. In addition, a print campaign with this information will be included in
the weekend newspaper flyers and posters will be distributed to community centres
and other local service support agencies.
FINANCIAL IMPLICATIONS:
The improvements to enforcing the City's existing sidewalk snow clearing bylaw that are
contained in this report do not require any additional funding.
COMMUNITY ENGAGEMENT:
The Grand River Accessibility Advisory Committee (GRAAC) has, and continues to be,
a key stakeholder in the development and implementation of the City's sidewalk snow
clearing policies. GRAAC's input and recommendations as they relate to the 24 hour
waiting period and the bare pavement requirement were incorporated into the last bylaw
changes. GRAAC is currently working on a position paper on this issue and has been
identified by staff as a priority stakeholder for any future changes to this bylaw.
A copy of this report has been emailed to all members of GRAAC and they were
advised City Council would be considering it on December 7, 2015.
ACKNOWLEDGED BY: Michael May, DCAO, Community Services Department
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