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HomeMy WebLinkAboutChapter 687 - Snow and Ice - Removal from Roofs and SidewalksKITCHENER 687.1 FEBRUARY 2024 PROPERTY MAINTENANCE Chapter 687 SNOW AND ICE Removal from roofs and Sidewalks 687.1 Article 1 INTERPRETATION 687.2 Article 2 APPLICATION 687.3 Article 3 SNOW 687.4 Article 4 ICE 687.5 Article 5 ROOFTOPS 687.6 Article 6 PLACING SNOW OR ICE ON SIDEWALKS 687.7 Article 7 REMOVAL OF SNOW AND ICE BY CITY 687.8 Article 8 EXEMPTIONS 687.9 Article 9 INSPECTION POWERS 687.10 Article 10 SIGNIFICANT WEATHER EVENT 687.11 Article 11 WINTER MAINTENANCE BY-LAW SUSPENSION EVENT 687.12 Article 12 PENALTY AND ENFORCEMENT 687.13 Article 13 REPEAL AND TRANSITIONAL PROVISIONS 687.14 Article 14 ADMINISTRATIVE PROPERTY MAINTENANCE KITCHENER 687. 2 FEBRUARY 2024 WHEREAS section 2 of the Municipal Act, 2001 gives the municipality powers and duties for the purpose of providing good government with respect to those matters; AND WHEREAS section 8(2) of the Municipal Act, 2001 provides that in the event of ambiguity in whether or not a municipality has the authority under the Municipal Act, 2001 or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before the Municipal Act, 2001 came into force; AND WHEREAS section 11(2) of the Municipal Act, 2001 authorizes the municipality to pass by-laws respecting public assets of the municipality acquired for the purpose of exercising its authority under the Municipal Act, 2001, or any other Act; AND WHEREAS section 11(2) of the Municipal Act, 2001 authorizes the municipality to pass by-laws respecting economic, social and environmental well-being of the municipality; AND WHEREAS section 11(2) of the Municipal Act, 2001 authorizes the municipality to pass by-laws respecting the health, safety, and well-being of persons; AND WHEREAS section 11(2) of the Municipal Act, 2001 authorizes the municipality to pass by-laws respecting protection of persons and property; AND WHEREAS section 11(3) of the Municipal Act, 2001 authorizes the municipality to pass by-laws respecting City roads; AND WHEREAS section 44(1) of the Municipal Act, 2001, requires the municipality to maintain roads under its jurisdiction in a state of repair that is reasonable in the circumstances; AND WHEREAS section 122 of the Municipal Act, 2001 authorizes the municipality to require owners and occupants of buildings to remove snow and ice from building roofs; AND WHEREAS section 446 of the Municipal Act, 2001 provides that where a person is required to do something and defaults, the municipality can do the thing at their expense and recover costs from the person by action or by adding them to the tax roll and collecting them in the same manner as property taxes; AND WHEREAS subsections 210 (60), (61), (62), and (63) of the Municipal Act R.S.O. 1990, c. M.45 previously granted the municipality certain powers and authorities exercised within this by- law;687 NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: PROPERTY MAINTENANCE KITCHENER 687. 3 FEBRUARY 2024 Article 1 INTERPRETATION 687.1.1 “boulevard” means the portion of a road on either side of a roadway. 687.1.2 “City” means The Corporation of the City of Kitchener. 687.1.3 “Director” means the City’s Director of Enforcement and their designate. 687.1.4 “Municipal Act, 2001” shall mean the Municipal Act, 2001, S.O. 2001, c. 25. 687.1.5 “Officer” means a by-law enforcement officer or a municipal law enforcement officer appointed by the City, or a member of the Waterloo Regional Police Services. 687.1.6 “person” includes an individual, sole proprietorship, partnership, association or corporation. 687.1.7 “property” shall mean any property within the City of Kitchener and shall, without limitation, include vacant land and unoccupied property. 687.1.8 “road” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. 687.1.9 “roadway” means that part of a road that is improved, designed or ordinarily used for vehicular traffic including lanes, shoulders, and curb and gutter. 687.1.10 “sidewalk” means that part of a road with a surface improved with asphalt, concrete or gravel for the use of pedestrians and shall include openings leading onto roadways but shall not include any part of the roadway, any driveway apron, or any multi-use trail. 687.1.11 “sidewalk abutting their property” means the portion of a sidewalk on any boulevard that abuts or is contiguous to an owner or occupant’s property. 687.1.12 “Significant Weather Event” shall mean a significant weather event as defined by the Minimum Maintenance Standards for Municipal Highways Ontario Regulation 239/02 under the Municipal Act, 2001. PROPERTY MAINTENANCE KITCHENER 687. 4 FEBRUARY 2024 687.1.13 “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; By-law No. 2024- 015, 22 January 2024. 687.1.14 “designated provision” means any section of this Chapter designated in accordance with Article 12. By-law No. 2024-015, 22 January 2024. Article 2 APPLICATION 687.2.1 This by-law shall apply to all property and roads throughout the City of Kitchener unless otherwise specified herein. Article 3 SNOW 687.3.1 Every owner and occupant of property adjoining a road shall, on the sidewalk abutting their property: a) ensure that snow is cleared away and removed within twenty-four hours after the cessation of a snowfall; and b) maintain such sidewalks so they are free and clear of snow on an ongoing basis. Article 4 ICE 687.4.1 Every owner and occupant of property adjoining a road shall, on the sidewalk abutting their property: a) ensure that ice is cleared away and removed within twenty-four hours after the cessation of a snowfall or freezing rain; and b) maintain such sidewalks so they are free and clear of ice on an ongoing basis. Article 5 ROOFTOPS 687.5.1 Every owner and occupant of property adjoining a road, if the roof of any building on the property slopes towards the road so that snow or ice may fall from such roof onto the road, shall: a) ensure that snow and ice is cleared away and removed from the roof within twenty-four hours after the cessation of snowfall or freezing rain; b) maintain such roof so it is free and clear from ice on an ongoing basis; and c) take reasonable care to keep passersby and any other affected person safe while performing snow or ice removal from the roof. PROPERTY MAINTENANCE KITCHENER 687. 5 FEBRUARY 2024 Article 6 PLACING SNOW OR ICE ON SIDEWALKS 687.6.1 No person shall place any snow or ice on any sidewalk. Article 7 REMOVAL OF SNOW AND ICE BY THE CITY 687.7.1 Upon a person’s failure to remove snow or ice as required by Article 3, 4, or 5, the Director is authorized to procure the clearing and removal of same at the expense of the person required to do such work. The cost of the work shall be recovered from the person required to do the work by adding the costs to the tax roll and collecting them in the same manner as property taxes pursuant to the provisions of the Municipal Act, 2001. Article 8 EXEMPTIONS 687.8.1 This by-law shall not apply to the City or to any maintenance work performed by the City. 687.8.2 Articles 2 and 3 of this by-law shall not apply to any area identified by the City’s Director of Operations as an area in which the City maintains sidewalks at the relevant time. Article 9 INSPECTION POWERS 687.9.1 For the purposes of an inspection pursuant to this by-law, the Director, an Officer, or any agent or representative of the City may: a) enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not this by-law is being complied with; b) require the production for inspection of documents or things relevant to the inspection; c) inspect documents or things relevant to the inspection; d) require information from any person concerning a matter related to the inspection; and e) alone or in conjunction with a person possessing special or expert knowledge, make examination or take tests, samples, or photographs necessary for the purposes of the inspection. PROPERTY MAINTENANCE KITCHENER 687. 6 FEBRUARY 2024 Article 10 SIGNIFICANT WEATHER EVENT 687.10.1 Where the City declares a Significant Weather Event, the Director may, in their sole discretion, for a period not to extend beyond the time the Significant Weather Event ends: a) suspend enforcement of this by-law or any portion of this by-law; b) cease the performance of inspections under this by-law; and c) decline investigation of complaints made by members of the public or any person under this by-law. Article 11 WINTER MAINTENANCE BY-LAW SUSPENSION EVENT 687.11.1 Where the Director, in their sole discretion determines that any weather related or unusual circumstance makes it unreasonable to enforce this by-law or a portion of this by-law, the Director may, in their sole discretion for such period of time as the Director determines to be reasonable in the circumstances: a) suspend enforcement of this by-law or any portion of this by-law; b) cease the performance of inspections under this by-law; and c) decline investigation of complaints made by members of the public or any person under this by-law. Article 12 PENALTY AND ENFORCEMENT 687.12.1 Every person who contravenes a provision of this by-law is guilty of an offence and upon conviction is liable to a fine not exceeding five thousand dollars ($5,000), exclusive of costs, pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33. 687.12.2 This by-law may be enforced by the Director, an Officer, or by any other individual duly appointed for the purpose of enforcing this by-law. 687.12.3 Articles 3, 4, 5, and 6 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. By-law No. 2024-015, 22 January 2024. 687.12.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. By-law No. 2024-015, 22 January 2024. 687.12.5 The Provincial Offences Act continues to apply to the provisions of this by-law in PROPERTY MAINTENANCE KITCHENER 687. 7 FEBRUARY 2024 addition to the designated provisions of this by-law. By-law No. 2024-015, 22 January 2024. 687.12.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 687.12.4. By-law No. 2024-015, 22 January 2024. Article 13 REPEAL AND TRANSITIONAL PROVISIONS 687.13.1 By-law 87-171, sections 14, 15, 16, and 17 of By-law 97-140, section 28 of By- law 2001-224, sections 28, 29, 30, and 31 of By-law 2001-233, section 4 of By- law 2007-166, and section 27 of by-law 2011-047 and the contents of Chapter 687 of The City of Kitchener Municipal Code (the “Repealed By-laws”) are hereby repealed. 687.13.2 Notwithstanding any other provisions of this By-law, the repeal contained in section 13.1 of this by-law shall not: a) affect the previous operation of the Repealed By-laws; b) affect any right, privilege, obligation, or liability including any licence that came into existence under the Repealed By-laws; c) affect an offence committed against the Repealed By-laws, or any penalty, forfeiture, or punishment incurred in connection with the offence; or d) affect an investigation, proceeding, or remedy in respect of a right, privilege, obligation, or liability described in section 13.2(b), or a penalty, forfeiture, or punishment described in section 13.2(c). 687.13.3 An investigation, proceeding, or remedy described in section 13.2(d) may be commenced, continued, or enforced as if the Repealed By-laws had not been repealed or revoked. 687.13.4 A penalty, forfeiture, or punishment described in section 13.2(c) may be imposed as if the Repealed By-laws had not been repealed or revoked. 687.13.5 Any costs for work performed by the City under the Repealed By-laws shall remain recoverable as specified in the Repealed By-laws. Article 14 ADMINISTRATIVE 687.14.1 This by-law shall be known as the “Winter Maintenance By-law”. PROPERTY MAINTENANCE KITCHENER 687. 8 FEBRUARY 2024 687.14.2 It is hereby declared that each and every of the foregoing sections of this by-law is severable and that, if any provisions of this by-law should for any reason be declared invalid by any Court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 687.14.3 The Clerk of the City is hereby directed to make this by-law a part of The City of Kitchener Municipal Code by adding it to the Concordance and arranging and numbering it so as to fit within the scheme of the Code. By-law 2019-131, 25 November 2019; By-law 2024-015, 22 January 2024.