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HomeMy WebLinkAboutCL 50/99`160 0��� OF REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM DATE: December 2, 1999 Town Clerk REPORT NUMBER: CL 50/99 SUBJECT: Sidewalk Snow Removal RECOMMENDATION: That the draft by -law to regulate the removal of ice and snow from sidewalks be forwarded to Council for enactment. ORIGIN: Recommendation of Town Clerk AUTHORITY: Section 210(60)•210(62) of the Municipal Act FINANCIAL IMPLICATIONS: There should be no financial implications for the Town because any expense incurred by the municipality in causing snow to be removed from a sidewalk will be charged back to the homeowner through their tax bill. BACKGROUND: Please find attached to this Report a draft by -law to regulate the removal of ice and snow from sidewalks. This by -law will replace our current sidewalk snow removal by -law which was passed in 1977. The main features of this draft by -law are: Every owner or occupant of a building or vacant land shall remove the snow from their adjoining sidewalk within 24 hours of a snowfall. 4 If the snow is not cleared within 24 hours, the Town w111 clear the snow and charge the expense back to the adjoining property owner. • If there are continuing contraventions of this By -law by an owner or occupant, either or both the owner or occupant can also be charged in addition to having the expense of clearing the snow put on the owner's tax bill. • Persons are prohibited from shoveling the snow from their sidewalk onto the road. ... J2 2 161 • No person shall damage any sidewalk while clearing snow from it. • No person shall obstruct access to any fire hydrant when they are storing the snow on the boulevard. With respect to the enforcement of this draft by -law, all persons are expected to clear snow from their adjoining sidewalk that goes beyond a depth of two centimeters within 24 hours of the snowfall. If the snow is not cleared, a Municipal Law Enforcement Officer will give that person formal notice that it is to be removed within a further 24 hour period. If the notice is not complied with, the Officer will provide for the snow to be removed either by Town staff or by a private contractor. The cost of having this done is deemed to be $75.00 and that amount will be put on the adjoining homeowner's tax bill. 1 want to point out that the owner of a property, whether it is occupied, unoccupied or vacant land, is responsible for the removal of snow from their adjoining sidewalks. If they do not remove the snow, not only can the cost of removing the snow be put on their tax bill but also they can be charged for contravening this by -law. In addition, if the building is occupied by a person other than the owner, the occupant could also be charged. I am recommending that a new sidewalk snow removal by -law be enacted because our current by- law requires that snow be removed within 12 hours of a snowfall which is unreasonable, the penalty provisions are both vague and antiquated and it does not provide penalties for obstructing a fire hydrant or damaging a sidewalk. Our experience in enforcing the sidewalk snow removal by-law is that most people will clear the snow from their adjoining sidewalk once they have been given a notice by a Municipal Law Enforcement Officer. However, as the municipality grows, we are getting more complaints about sidewalks not being cleared of ice and snow for long periods of time and our current by -law is not adequate if we wish to pursue penalties. ATTACHMENTS; 1. Draft by -law Prepared By: Bruce Taylor, AMCT, CMM Town Clerk Attachments Copy: Director, Operations and Emergency Services Town Solicitor Recommended for the consideration of Pickeri4Toouncil oma Chief Administrative Officer r.` ATrACWENT#_LT0AVW#.,�1 C-0 1 THE CORPORATION OF THE TOWN OF PICKERINO Being a by -Idv to regulate the removal of snow and ice jfrom sidewalks. WHEREAS Section 210(60) of the Municipal Act, RS.O. 1990, as amended, provides that a Council of a Municipality may pass By -laws regarding the removal of snow and Ice from roofs and sidewalks of occupied premises; and WHEREAS Section 210(61) of the said Act provides that a Council of a Municipality may pass By -laws regarding the removal of snow and ice from roofs and sidewalks of unoccupied premises; and WHEREAS Section 210(62) of the said Act provides that a Council of a Municipality may pass By -laws regarding the removal of snow and ice from sidewalks at the expense of the abutting owner, in any manner, including that provided by Section 326 of the said Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: I. In this by-law: a) "Person" shall mean any individual, firm, society, association, partnership or corporation. b) "Town" shall mean the Corporation of the Town of Pickering. 2. Every owner and occupant of any building, either occupied or unoccupied, or vacant land within the boundaries of the Town shall clear away and remove or cause to be cleared away and removed any snow or ice from such sidewalks on the highways in front of, along side or at the rear of such building or vacant land within twenty -four (24) hours after the accumulation of such snow or ice, 3. The Town may clear away and remove snow or ice from the sidewalks, on the highway in front of, along side or at the rear of any occupied or unoccupied building or vacant land if the owner or occupant fails to do so within the aforementioned twenty -four (24) hours, and the expense incurred may be recovered by action or be entered in the Tax Collector's Roll and recovered in like manner as municipal taxes. 4. No person shall sweep, shovel, throw, drop or place or cause to be swept, shoveled, thrown, dropped or placed any snow, slosh or ice onto the traveled portion of any highway or onto any sidewalk on any highway. 5. No person shall remove snow, slush and/or ice from a public sidewalk in a manner which would damage any sidewalk or curb. 6. No person shall deposit snow, slush, and/or ice in such a way as to obstruct access to any fire hydrant. 7. Every person who contravenes any section of this by -law Is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs as prescribed by the Provincial Offences Act, R.S.O. 1990. S. By -law Number 577/77 is hereby repealed.