HomeMy WebLinkAboutCS 08-09
REPORT TO
' EXECUTIVE COMMITTEE
I KERI Report Number: CS 08-09 4 5
Date: April 14, 2009
From: Gillis A. Paterson,
Director, Corporate Services & Treasurer
Subject: Revised Fence By-law and Proposed Fence Cost Sharing By-law
- File: A-1400
Recommendation:
1. That Report CS 08-09 of the Director, Corporate Services & Treasurer be
received;
2. That the updated Fence By-law, included as Attachment 1, providing regulations
for fences erected within the City of Pickering, be enacted;
3. That the draft Fence Cost Sharing By-law, included as Attachment 2, providing
regulations for the sharing of costs of division fences be enacted, and
4. That the appropriate staff of the City of Pickering be given the authority to give
effect thereto.
Executive Summary: As part of the review of all municipal regulatory by-laws,
Municipal Law Enforcement Services, in consultation with the City Solicitor, has
prepared a revised by-law regulating fences within the City of Pickering. The proposed
fence by-law:
a) outlines clear provisions regarding maximum fence heights and minimum
standards for swimming pool enclosures,
b) establishes regulations for privacy screens and ornamental ponds,
c) creates a more consultative exemption process requiring notification of
adjoining property owners, and;
d) clearly defines offences, enforcement processes, remedial actions and cost
recovery terms.
The proposed Fence Cost Sharing By-law is intended to replace the Fenceviewer's
process currently utilized under the Line Fences Act. Many municipalities have opted
out of the Line Fences Act, and implemented fence cost sharing by-laws. The Fence
Cost Sharing By-law sets the basic cost an adjoining property owner is responsible for
in relation to a new division fence and establishes a process under the Provincial
Offences Act for property owners to pursue when an adjoining owner defaults on
payment. It also outlines requirements for the repair and reconstruction of existing
division fences.
Report CS 08-09 April 14, 2009
~u~ject: Revised Fence By-law & Proposed Fence Cost Sharing By-law Page 2
r
Financial Implications:
The elimination of the use of the Fenceviewers Committee will result in substantial
reductions in staff time spent on preparing the extensive forms and requisitions which
are required under the Line Fences Act. While the. City recovered the costs paid to the
Fenceviewers Committee by invoicing the property owners involved, staff time was not
included in this calculation.
The draft fence by-law proposes fees for exemption applications, which were previously
processed at no charge. This will provide a mechanism for recovering the costs
involved.
Sustainability Implications:
Fences are key components of residential communities. Ensuring they are well-
maintained, free of graffiti, and constructed within approved limits establishes
community standards which allow each property owner the ability to enjoy their
property.
Background:
Fence By-law:
The existing fence by-law was passed in 1976. While minor amendments have been
enacted, the basic provisions remain relatively the same. Through enforcement of the
existing fence by-law, staff have identified various areas which could be clarified, or
amended to better meet the needs of residents. Key highlights of changes in the
proposed fence by-law include:
• Ornamental ponds require enclosures similar to swimming pools.
• The maximum fence height for a rear or side yard has been increased to 2m,
(66"), as opposed to previous 6 ft maximum. This height maximum is similar
to that adopted by most other municipalities.
• The maximum fence height for a front yard fence of solid construction has
been reduced to 1 m (39"), from previous maximum of 42".
• A new "open construction" fence height maximum for front yards has been
proposed, allowing fencing which can clearly be seen through to be a
maximum of 1.5 m.
• Hedge height will no longer be regulated, unless the hedge is located in a
front yard. This will enable regulation of hedges which may cause sight line
issues, while eliminating maximums on side yard or rear yard hedges.
Introduction of regulations for privacy screens, with setback requirements,
maximum height of 2.6 m, and maximum lengths.
CORP0227-07/01 revised
Report CS 08-09 April 14, 2009
Subject: Revised Fence By-law & Proposed Fence Cost Sharing By-law Page 3 4 7
• Site plan approval required for non-residential fencing.
• Maintenance and graffiti removal requirements.
• An exemption process which provides for notification of adjoining property
owners.
• The transition of the Property Stand a rd s/Fe nceviewe rs Committee to a
Property Review Committee which will review applications for exemptions
based on set criteria.
• Provisions for enforcement, allowing the City to undertake the work and bill
the property owner for contraventions. (particularly useful for pool enclosure
contraventions, posing a risk to the safety of the public)
Fence Cost Sharing By-law:
The City of Pickering currently utilizes the Line Fences Act, and the Fenceviewers
Committee to resolve issues regarding the cost sharing of division fences. The Line
Fences Act was originally enacted to establish cost sharing of agriculture fences. It is a
very cumbersome process, with numerous forms to be prepared and served in specific
terms. As the majority of fence disputes arise in urban subdivisions, the provisions
outlined in the Line Fences Act do not interpret well for this use.
The draft Fence Cost Sharing By-law provides a simple process for residents to follow
when disputes arise as to sharing the costs of erecting a new division fence. The
proposed by-law requires an adjoining owner to contribute half the "basic cost" of the
construction of a new division fence. This basic cost is defined as the cost of erecting a
4 foot chain link fence to minimum construction standards. The cost to repair, maintain
or reconstruct existing division fences must be shared equally by both property owners,
based upon the type of fence in place.
The process to notify an adjoining owner, and the information to be provided is outlined,
as well as instructions on how to initiate proceedings under the Provincial Offences Act
to recover costs when an adjoining owner is in default. The City's role is limited to
providing guidance through the process. As fence disputes are typically a matter
between two private property owners, this transition is appropriate in providing a means
to resolve issues without requiring the direct involvement of the City.
The proposed by-laws provide regulations which will assist residents in understanding
the types of fencing permitted, the responsibilities of swimming pool and ornamental
pond owners, and the means to resolve various types of issues which may result from
disputes regarding the type of fence to be erected, or the sharing of costs.
Fencing issues are common between neighbours. Providing the framework for
acceptable height, location, and construction, are key tools in ensuring residents can
enjoy the use of their property.
CORP0227-07101 revised
Report CS 08-09 April 14, 2009
Subject: Revised Fence By-law & Proposed Fence Cost Sharing By-law Page 4
48
Attachments:
1. Updated Fence By-law
2. Proposed Fence Cost Sharing By-law
Prepared By: Approved/Endorsed By:
imb My Tho pson, CMM I Debi Wilcox, CMO, CMM III
Ma ager, By-law Services City Clerk
r
Gillis A. Paterson,
Director, Corporate Services & Treasurer
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
Thomas J. Quin' , RDMR, CMM III
Chief Administrative Officer
CORP0227-07/01 revised
[ATTACHMEN-[ , 6..1__- _ r Job l # cs , 09
THE CORPORATION OF THE CITY OF PICKERING ~A El
»t
BY-LAW NO. /09~
A by-law to regulate fences and swimming pool enclosures
WHEREAS paragraph 7 of subsection 11(3) of the Municipal Act, 2001 provides
that a municipality may pass by-laws respecting structures including fences; and
WHEREAS the City of Pickering deems it necessary to prescribe limitations on
fence height and materials, as well as require the erection of swimming pool
enclosures that meet minimum safety standards;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOLLOWS:
PART I - INTERPRETATION
Definitions
1. In this by-law,
(a) "City" means the geographical area of the City of Pickering or the
Corporation of the City of Pickering, as the context requires;
(b) "Council" means the Council of the Corporation of the City of
Pickering;
(c) "erect" includes alter, construct, place, locate, install, relocate and
maintain, and cause or permit to be altered, constructed, placed,
located, installed, relocated or maintained;
(d) "fence" means any structure constructed of posts, boards, rails,
wire, masonry or other similar materials or any combination thereof
used to define a property boundary or to enclose any outdoor area,
but does not include hedges, shrubs, trees or privacy screens;
(e) "front wall" means the main fagade of a building or structure;
(f) "height", as it relates to a fence, means the vertical distance from
the ground to the highest point of the fence, except in the case of a
fence located on top of a retaining wall, where "height" means the
vertical distance between the top of the retaining wall and the
highest point of the fence;
Fence By-law No. /09 Page 2
i• f
(g) "main building" means the structure used for the principle purpose
of the property, and includes an attached garage;
(h) "owner" means the person or persons identified in the most recent
tax rolls as the owner of a property;
(i) "person" includes a corporation and the heirs, executors,
administrators or other legal representatives of a person to whom
the context can apply according to law;
Q) "privacy screen" means a visual barrier used to shield any part of a
yard from view from any adjacent property or from a highway;
(k) "property" includes any grounds, yard, lot, vacant land or other
parcel of land;
(1) "swimming pool" means any body of water in or above the ground
contained by artificial means, in which the depth of the water at any
point can exceed 0.6 m, and is used or is capable of being used for
swimming, wading or bathing, but does not include hot tubs or spas,
provided they are covered when not in use;
(m) "swimming pool enclosure" means a fence, wall or other structure,
including doors and gates, surrounding a swimming pool that will
prevent entry of the general public; and
(n) "TRCA" means the Toronto and Region Conservation Authority.
2. In this by-law,
(a) "front yard" means a yard extending across the full width of a
property between the front property line and the front wall of any
main building on the property for which the yard is required;
(b) "rear yard" means a yard extending across the full width of a
property between the rear property line and the nearest wall of any
main building on the property for which the yard is required; and
(c) "side yard" means a yard extending from the front yard to the rear
yard between the side property line and the nearest wall of any
building or structure on the property for which the yard is required.
Application
3. This by-law applies to all lands within the City.
Fence By-law No. /09 Page 3
References to Legislation
4. In this by-law, reference to any Act, regulation or by-law is reference to
that Act, regulation or by-law as it is amended or re-enacted from time to
time.
Word Usage
5. This by-law shall be read with all changes in gender or number as the
context may require.
6. A grammatical variation of a word or expression defined has a
corresponding meaning.
Construction
7. Unless otherwise specified, reference in this by-law to Parts, sections and
schedules are to Parts, sections and schedules in this by-law.
Measurements
8. All dimensions in this by-law are in inches, millimetres (mm), centimetres
(cm) and metres (m).
Severability
9. Each section of this by-law is an independent section, and the holding of
any section or part of any section of this by-law to be void or ineffective for
any reason shall not be deemed to affect the validity of any other section
or parts of sections of this by-law.
PART II - SWIMMING POOL ENCLOSURES
Definitions
10. In this Part,
(a) "Director" means the City's Director, Planning & Development or a
designate; and
(b) "enclosure permit" means a permit issued under this Part to erect a
swimming pool enclosure.
Fence By-law No. /09 Page 4
52
Permit Applications
11. No person shall erect a swimming pool without first obtaining an enclosure
permit from the City.
12. An enclosure permit application shall be made by the owner of the
property on which the swimming pool is to be located or an authorized
representative of such owner.
13. Every enclosure permit application shall be filed with the Director using the
City's prescribed form.
14. Every enclosure permit application shall be accompanied by,
(a) details of the type of fence and its location in relation to the
proposed or existing pool and other structures on the property;
(b) where a neighbouring property is required for access, a letter from
the neighbouring owner authorizing such access; and
(c) the applicable fee set out in Schedule "A".
15. Every enclosure permit application for a property located within the TRCA
Screening Area must include TRCA approval in writing.
16. The Director shall not issue an enclosure permit unless the application
complies with all relevant provisions of this by-law.
17. The Director may impose any conditions deemed appropriate for an
enclosure permit.
Swimming Pool Enclosure Requirements
18. A swimming pool enclosure shall,
(a) provide a completely enclosed area for the swimming pool;
(b) be a minimum of 1.2 m in height, measured on the outside of the
enclosure;
(c) be constructed so that the distance between the ground and the
bottom of the fence does not exceed 10 cm;
(d) be setback a minimum distance of 1 m from the swimming pool
wall; and
Fence By-law No. /09 Page 5
S3
(e) have no rails or other horizontal or diagonal bracing or attachments
on the outside that would facilitate climbing.
19. A swimming pool enclosure shall not be required if the outside walls of the
swimming pool are elevated a minimum of 1.2 m above the finished grade
and are constructed in such a manner as not to facilitate climbing from the
outside of the swimming pool, and no access ladders or adjacent objects
or equipment are available to facilitate climbing.
20. Gates that form part of a swimming pool enclosure shall be,
(a) comprised of equivalent material and construction as the rest of the
swimming pool enclosure;
(b) not less than 1.2 m in height;
(c) supported on substantial hinges;
(d) self-closing; and
(e) equipped with self-latching devices placed on the inside of the gate
at or near the top.
21. If a swimming pool enclosure is constructed of chain-link fencing, it shall
meet all of the following specifications:
(a) chain-linking not be greater than 38 mm mesh, consisting of 12
gauge galvanized steel wire or 14 gauge steel wire, covered with
vinyl coating, or other such equivalent material;
(b) galvanized steel supporting posts spaced at no more than 3 m
intervals;
(c) end posts and corner posts at least 48 mm in diameter extended a
minimum depth of 0.9 m below grade encased in concrete;
(d) intermediate posts at least 38 mm in diameter extended a minimum
depth of 0.9 m below grade encased in concrete; and
(e) top and bottom rails made of galvanized steel pipe having a
minimum diameter of 32 mm, however a 5 mm galvanized steel
tension rod may be substituted for the bottom rail.
22. If a swimming pool enclosure is constructed using vertical board, it shall
meet all of the following specifications:
Fence By-law No. /09 Page 6
(a) vertical boarding not less than 23 mm by 100 mm nominal spaced
not more than 38 mm apart, attached to a top and bottom rail in
such a manner as not to facilitate climbing from the outside;
(b) supporting posts not less than 100 mm by 100 mm nominal spaced
not more than 2.4 m apart and extended a minimum depth of 1.2 m
below grade encased in concrete;
(c) pressure treated wood below grade, or treated with a wood
preservative below grade; and
(d) top and bottom rails not less than 50 mm by 100 mm.
23. If a swimming pool enclosure is constructed using materials other than
chain-link or vertical board, it shall,
(a) be constructed to provide an equivalent degree of safety to that
specified for chain link and vertical board construction, and
approved by the issuance of an enclosure permit;
(b) be permitted to have exposed structural or other members or parts
thereof on the outside of the swimming pool enclosure provided a
minimum vertical distance of 1.2 m is maintained between such
parts; and
(c) have a maximum opening of 100 mm at any point in the swimming
pool enclosure.
Offences
24. No person shall erect a swimming pool unless the owner has erected a
swimming pool enclosure that meets all of the requirements of this Part.
25. No person shall erect a swimming pool enclosure that does not meet all of
the requirements of this Part.
26. No person shall place water in a swimming pool or allow water to remain
in a swimming pool unless a swimming pool enclosure has been erected
that meets all of the requirements of this Part.
27. No owner of a property on which a swimming pool is located shall permit
any gates that form part of a swimming pool enclosure to remain open
unless a responsible person is present and supervising the swimming
pool.
Fence By-law No. /09 Page 7
rr
Ornamental Ponds
28. (1) In this section, "ornamental pond" means a body of water in or
above the ground, contained in part or in whole by artificial means,
in which the depth of the water at any point can exceed 0.6 m.
(2) Sections 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 apply with
necessary modifications to ornamental ponds and ornamental pond
enclosures.
PART III - FENCES ON RESIDENTIAL PROPERTY
Restrictions
29. (1) No person shall erect a fence greater than 2 m in height in any side
yard or rear yard.
(2) This section shall not apply to a privately owned outdoor tennis
court if the fence is of chain-link construction.
30. (1) In this section,
(a) "fence of open construction" means a fence constructed so
that at least one third of its vertical surface area is open
space, enabling motorists and pedestrians to have a clear
view through such fence; and
(b) "fence of solid type construction" means a fence constructed
of solid materials, or a hedge, which limits the ability of
motorists and pedestrians to see through the fence.
(2) No person shall erect a fence of solid type construction that is
greater than 1 m in height in any front yard.
(3) No person shall erect a fence of open construction that is greater
than 1.5 m in height in any front yard.
(4) This section shall not apply to fences erected prior to the passage
of this by-law that comply with the previous maximum height of 42
inches.
31. Where a rear yard or a side yard of a property abuts the front yard of
another property, the maximum fence height shall be 2 m.
Fence By-law No. /09 Page 8
32. Where the front yard depths of two abutting properties vary, the front yard
shall be determined by the abutting property with the lesser front yard
depth.
Exemptions
33. Sections 29, 30, 31 and 32 shall not apply to,
(a) residential fences that abut property used for industrial, commercial,
or institutional purposes or, railway land, where the provisions for
non-residential properties (Part IV) apply;
(b) noise control barriers erected by or as a requirement of a
government agency acting pursuant to statutory authority;
(c) fences erected in accordance with an approved site plan;
(d) any fencing erected by a federal, provincial or municipal
government; and
(e) ornamental gateways, garden structures or entranceways used or
maintained as a decorative feature that do not require a building
permit to be lawfully erected.
Privacy Screens
34. No person shall erect a privacy screen in a front yard.
35. No person shall erect a privacy screen in a side yard or rear yard unless it
is,
(a) located more than 0.6 m from any side yard line or rear property
line;
(b) less than 2.6 m in height; and
(c) less than 8 m in length.
36. Where a privacy screen is located so as to provide a visual barrier
between dwelling units divided by a common wall, it may be placed on the
side property line if the privacy screen is less than 5 m in length.
Fence By-law No. /09 Page 9
57
PART IV - FENCES ON NON-RESIDENTIAL PROPERTY
37. No person shall erect a fence that is greater than 2.6 m in height on any
non-residential property.
38. No person shall erect a fence on any non-residential property without first
having received site plan approval from the City.
PART V - GENERAL FENCE REGULATIONS
Posts
39. No person shall erect a fence post or decorative fence post feature that
projects more than 20 cm above the fence height.
Hazardous Materials
40. (1) No person shall erect a fence that contains or is constructed of any
hazardous material such as razor wire, barbed wire or any other
sharp projections capable of causing physical injury to humans.
(2) Notwithstanding subsection (1), barbed wire fencing may be
authorized on a site plan approved by the City.
Electrical Fences
41. No person shall erect an electrical fence using direct current unless such
fence,
(a) is on property that is being lawfully used for agricultural purposes;
(b) has a maximum 12 volt trickle charge;
(c) is designed and erected solely to contain animals; and
(d) has attached signs at no more than 15 m intervals warning that the
fence carries electricity.
Traffic Sightlines or Other Hazards
42. No person shall erect a fence which, by reason of its location or design,
obstructs traffic sightlines or for any other reason constitutes a hazard.
Fence By-law No. /09 Page 10
Graffiti
43. (1) In this section, "graffiti" has the same meaning as in City By-law
6711/06.
(2) No person shall place graffiti or cause or permit graffiti to be placed
on any fence.
(3) Every owner shall at all times maintain their fence free of graffiti.
Maintenance
44. (1) In this section, "state of good repair" means,
(a) complete and maintained in a structurally sound condition
and securely anchored;
(b) protected by weather resistant materials;
(c) components are not broken, rusted, rotten or in a hazardous
condition;
(d) all stained or painted fences are maintained free of peeling
paint or stain; and
(e) does not present an unsightly appearance to abutting
properties or to the neighbourhood.
(2) All fences, swimming pool enclosures or privacy screens shall be
maintained in a state of good repair by the owners of the property
on which they are located.
PART VI - EXEMPTIONS
Definition
45. In this Part,
(a) "City Clerk" means the City Clerk or a designate; and
(b) "Committee" means the City's Property Review Committee.
Exemption Applications
46. An owner may apply for an exemption from the provisions of this by-law.
Fence By-law No. /09 Page 11
c~
47. Every exemption application shall be submitted in writing to the City Clerk
and shall contain the following information:
(a) property survey;
(b) site plan showing the location of all structures on the property;
(c) a description of the proposed fence, swimming pool enclosure or
privacy screen;
(d) construction and installation specifications for the proposed fence,
swimming pool enclosure or privacy screen;
(e) supporting documentation from neighbouring property owners, if
available;
(f) the name, address and telephone number of the owner;
(g) if the applicant is not the owner of the property, authorization
confirming the applicant is acting on owner's behalf;
(h) reference to the section of the by-law from which the exemption is
being sought;
(i) reasons why the exemption is being sought; and
0) the applicable fee set out in Schedule "A".
48. If supporting documentation filed with the exemption application evidences
that all adjoining property owners support the requested exemption and
the City Clerk determines the exemption is in keeping with the general
intent of this by-law, the City Clerk may approve the exemption.
49. If the exemption application is submitted without support from adjoining
property owners, the City Clerk shall refer the application to the Committee
for a hearing.
50. The City Clerk shall notify the applicant once a hearing date has been set.
The City Clerk shall also notify all property owners abutting the applicant's
property.
51. If the applicant does not attend the hearing, the Committee may proceed
in the absence of the applicant, and the applicant shall not be entitled to
further notice.
Fence By-law No. /09 Page 12
60
52. When considering an exemption application, the Committee shall have
regard for,
(a) any special circumstances or conditions referred to in the
exemption application;
(b) whether strict application of the provisions of this by-law would
result in practical difficulties or unnecessary hardship for the
applicant;
(c) whether the requested exemption is consistent with the general
intent and purpose of this by-law; and
(d) whether the fence, swimming pool enclosure or privacy screen will
alter or otherwise have a negative impact on the essential character
of the area.
53. Following a hearing, the Committee shall render its decision.
54. The decision of the Committee shall be final and binding.
55. Notice of the decision shall be given to the applicant and any other person
present at the hearing.
56. The Committee's decision shall take effect on the day that it is made.
PART VII -ADMINISTRATION AND ENFORCEMENT
Definitions
57. In this Part,
(a) "officer" means a municipal law enforcement officer appointed by
the City; and
(b) "order" means an order issued by an officer under section 60.
Inspections
58. An officer may, at any reasonable time, enter upon any property for the
purpose of carrying out an inspection to determine whether or not the
provisions of this by-law have been complied with.
Fence By-law No. /09 Page 13
59. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an officer.
Order to Comply
60. Where an officer is satisfied that there has been a contravention of any
provision of this by-law, the officer may issue an order requiring the owner
of the property on which the contravention has occurred to do work to
correct the contravention.
61. An order shall set out,
(a) reasonable particulars of the contravention;
(b) the location of the property;
(c) the general nature of the work required to be done to correct the
contravention; and
(d) the date by which the work must be done.
62. An order may be served by,
(a) personally delivering it to the owner; or
(b) sending it by registered mail to the owner at the address of the
owner shown on the last revised assessment roll for the property or
the last known address of the owner.
63. Service of an order under this section shall be deemed to have been
effected on the date that it is delivered personally or three days after it was
mailed, as the case may be.
64. No person shall fail to comply with an order.
Remedial Action
65. Where an order has been issued and compliance has not been achieved
by the date specified in the order, the City may cause the work set out in
the order to be done.
66. The City may recover the costs of doing any work undertaken pursuant to
section 65, together with an administration charge equal to 25% of such
costs, from the person required to do it by action or by adding the costs to
the tax roll and collecting them in the same manner as property taxes.
Fence By-law No. /09 Page 14
a
Penalties
67. Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine pursuant to the provisions of
the Provincial Offences Act.
PART VII - GENERAL
Short Title
68. This by-law may be referred to as the "Fence By-law".
Repeal
69. By-law No. 425/76 is repealed.
Effective Date
70. This by-law shall come into force on the day of its passing.
By-law read a first, second and third time and finally passed this day of
, 2009.
David Ryan, Mayor
Debi A. Wilcox, City Clerk
Fence By-law No. /09 Page 15
63
SCHEDULE "A"
Swimming Pool Enclosure Permit Application $150.00
Application for exemption from Fence By-law:
i) With Supporting Documentation $100.00
ii) Contested $250.00
ATTACHMENT #-2- TO REPORT #
64 THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /09
A
S
A by-law to determine cost-sharing for division fences.
WHEREAS pursuant to Subsection 98(1) of the Municipal Act, 2001 a local municipality
may provide that the Line Fences Act does not apply to all or any part of the
municipality; and
WHEREAS paragraph 7 of Subsection 11(3) of the Municipal Act, 2001 provides that a
lower-tier municipality may enact by-laws respecting structures, including fences; and
WHEREAS the Council of The Corporation of the City of Pickering considers it desirable
to pass a by-law to provide for the cost sharing of division fences.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART I - INTERPRETATION
Definitions
1. In this by-law,
(a) "actual cost" means the total cost to construct, re-construct, repair or
maintain a division fence and includes the value of the materials used and
the labour performed to complete the work;
(b) "adjoining owner" means the person who owns land adjacent to land on
which an owner seeks to construct, re-construct, repair or maintain a
division fence;
(c) "basic cost" means the cost to construct a four foot high steel chain link
fence that has,
(i) 1 Y2 inch diamond mesh;
(ii) No. 12 gauge galvanized steel wire;
(iii) 1 Y2 inch diameter galvanized steel support posts encased in 2
inches of concrete above grade to a depth of two feet below grade
spaced ten feet apart; and
(iv) 1 inch diameter top and bottom horizontal rails.
CORP0223-07/01
Fence Cost Sharing By-law Page 2
ES
(d) "City" means the geographical area of the City of Pickering or The
Corporation of the City of Pickering, as the context requires;
(e) "construct" means erect, install or locate, and/or cause or permit to be
erected, installed or located;
(f) "division fence" means a fence marking the boundary between adjoining
properties;
(g) "owner" means the person identified in the most recent tax rolls as the
owner of a property;
(h) "person" includes a corporation and the heirs, executors, administrators or
other legal representatives of a person to whom the context can apply
according to law;
(i) "re-construct" means to replace an existing division fence that is not in a
state of good repair; and
Q) "state of good repair means complete and maintained in a structurally
sound condition and securely anchored with components that are not
broken, rusted, rotten or in a hazardous condition.
References to Legislation
2. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This by-law shall be read with all changes in gender or number as the context
may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Construction
5. Unless otherwise specified, reference in this by-law to sections and schedules
are to sections and schedules in this by-law.
Severability
6. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
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reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
PART II - APPLICATION
General Application
7. Subject to Section 8, this by-law shall apply to all lands within the City.
Exemptions
8. This by-law shall not apply to,
(a) any highway as defined in subsection 1(1) of the Highway Traffic Act,
including unopened and unassumed road allowances;
(b) any lands that the City has zoned "Agricultural";
(c) adjoining owners who have agreed in writing on the apportionment of
actual costs;
(d) an owner who has initiated proceedings under the Line Fences Act prior to
the date of the passing of this by-law;
(e) an owner wishing to upgrade an existing fence that is in a state of good
repair; or
(f) any person that is under a.legal requirement to erect or maintain a division
fence.
9. The Line Fences Act shall not apply to any property in the City.
PART III - COST SHARING
Right to Construct a Division Fence
10. An owner may construct, re-construct, repair and maintain a division fence to
mark the boundary between his property and adjoining properties.
Construction Cost Sharing
11. Unless otherwise agreed, an adjoining owner shall be responsible for fifty percent
of the basic cost or fifty percent of the actual cost, whichever is less, of the
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construction of a division fence, and the owner shall be responsible for the
balance of the actual cost.
12. Unless otherwise agreed, an adjoining owner shall be responsible for fifty percent
of the actual cost of re-constructing a division fence.
Notice of Proposed Construction or Re-Construction
13. (1) An owner desiring to construct a division fence shall first serve or cause to
be served upon the adjoining owner a notice of an intention to undertake
the work that includes,
(a) a copy of this by-law;
(b) the date the work to be undertaken is planned to commence;
(c) copies of three estimates received for the cost of the proposed
fence;
(d) an estimate of the basic cost of the proposed fence; and
(e) a request for payment from the adjoining owner calculated in
accordance with this by-law.
(2) An owner desiring to re-construct a division fence shall first serve or cause
to be served upon the adjoining owner a notice of an intention to
undertake the work that includes,
(a) a copy of this by-law;
(b) the date the work to be undertaken is planned to commence;
(c) copies of three estimates received for the cost of the proposed
fence;
(d) a request for payment from the adjoining owner calculated in
accordance with this by-law.
(2) Notice under this section shall be served at least fourteen days prior to the
commencement of any work or execution of any contract in relation to the
work to be undertaken.
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Repairs and Maintenance
14. Subject to sections 15, 16 and 17, an owner and an adjoining owner shall share
equally in the actual cost of repairing and maintaining a division fence such that it
is in a state of good repair.
15. An owner shall be responsible for the actual cost of repairs to a division fence if
the damage necessitating the repair was caused by the owner or any person for
whom the owner is in law responsible.
16. An adjoining owner shall be responsible for the actual cost of repairs to a division
fence if the damage necessitating the repair was caused by the adjoining owner
or any person for whom the adjoining owner is in law responsible.
17. If a tree is thrown down by accident or otherwise so as to cause damage to a
division fence, the owner of the land on which the tree stood shall, at his sole
expense, forthwith remove the tree and repair the fence.
PART IV - ENFORCEMENT
18. Unless otherwise agreed, any amounts owed under this by-law shall be paid
within 30 days of completion of the work.
19. (1) Where a person is in default of any obligation under this by-law, an owner
may initiate proceedings under Part IX of the Provincial Offences Act to
recover any monies owed or to obtain an order that the work be
undertaken.
(2) Prior to initiating proceedings under Part IX of the Provincial Offences Act,
an owner shall serve or cause to be served on the defaulting owner a
notice setting out the particulars of the default and stating that if the default
is not rectified within thirty days after service of the notice, proceedings
may be initiated under Part IX of the Provincial Offences Act.
(3) A notice under subsection (2) shall be served within ninety days of the
completion of the construction, re-construction, repair or maintenance of
the division fence or other event that gave rise to the default.
PART V - GENERAL
Manner of Notice
20. (1) Notice under either section 13 or 19 may be served by,
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(a) personally delivering it to the adjoining owner; or
(b) sending it by registered mail to the adjoining owner at the address
of the adjoining owner shown on the last revised assessment roll for
the property or the last known address of the adjoining owner.
(2) Notice shall be deemed to have been effected on the date that the notice
is delivered personally or three days after it was mailed, as the case may
be.
Fence Construction'
21. Any division fence constructed or re-constructed shall comply with the provisions
of the City's Fence By-law.
22. Any division fence constructed or re-constructed within an area designated as a
Heritage Conservation District pursuant to Part V of the Ontario Heritage Act, is
subject to all requirements for obtaining approval pursuant to such Act.
Short Title
23. This by-law may be referred to as the Fence Cost Sharing By-law.
Effective Date
24. This by-law shall come into force on the day of its passing.
BY-LAW read a first, second and third time and finally passed this day of ,
2009.
David Ryan, Mayor
Debi A. Wilcox, City Clerk