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HomeMy WebLinkAboutCD-17-93s` /' ./ ! . e THE CORPORATION OF THE Mi7NICIPALITY OF CLARINGTON s~ REPORT Meeting: General Purpose and Administration Committee File # `•J aka. 5 ~ Date: Monday, September 20, 1993 Res. #~'/ -93 Report #: CD-17-93 File #: Subject: PROPOSBD SNOW REMOVAL BY-LAW Recommendations: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following:. 1. THAT Report CD-17-93 be received; and 2. THAT the By-law attached to Report CD-17-93 regulating snow removal be enacted and appropriate notices be placed in the. local media. 1. The current Snow Removal By-law was passed in 1987. Since that time, much development including the installation of "miles and miles" of sidewalks, has taken place within the Municipality. Thus complaints concerning uncleared sidewalks in the winter have substantially increased. Many complaints refer to a vast area, not just one individual property. As a result, it has become extremely difficult, if not impossible, for staff to deal with these complaints in an effective and efficient manner. 2. COZBSEN'PS: The existing By-law requires that two hours written notice be given before the Municipality can have any sidewalk or roof cleared of snow or ice at the owner's expense. This requires staff to make an initial inspection to confirm the complaint and issue a Notice. Staff are then required to re-attend the property to confirm whether or not the necessary work has been completed. If the work has not been carried out, a list is compiled and forwarded to the Public Works Department requesting them to contact the contractor and have the "listed" areas cleared. Staff then re-attend to ensure the work has been completed. This process, incorporating the numbe vast area which may be involved at an staff resources, becomes a very long, costly endeavour. _ U`.1! r of complaints received, y given time, and limited drawn out, time consuming the and r T REPORT NO: CD-17-93 PAGE TWO The existing. By-law, in regard to clearing sidewalks, only refers to ensuring they are cleared entirely of snow or ice within twenty- four hours of commencement of a snowfall. No reference is made to ensuring they are maintained between falls of snow, ice, etc. By-law 87-197 also appears to err in the fact that it makes a provision to have snow or ice cleared from the roof of an occupied building, by the Municipality, at the owner's expense. No such authority appears to have been granted pursuant to The Municipal Act. The proposed By-law does not require notice to be given prior to an uncleared sidewalk or snow-covered roof of an unoccupied building being cleared by the Municipality, at the owner's expense. This will improve staff response time and decrease costa. to the Municipality. The proposed By-law also provides that sidewalks must be kept and maintained free of slippery surfaces, snow, slush, and/or ice between falls of snow, rain, or hail, no matter what the cause. The requirements of the proposed By-law, once passed, shall be extensively advertised in the local media each winter. This will be the only notice given to property owners, informing them of their responsibilities. Several municipalities were consulted prior to the drafting of this By-law. Judging by the comments received by staff, no municipality has a flawless, ideal, or perfected By-law or system to deal with this issue. The size of a municipality, and the number of enforcement staff, a~ipear to be the major factors affecting the enforceability. 3. CONCLUSIONS The existing Snow Removal By-law may have been effective in its day. Presently, with an increased population and an increase in the amount of sidewalks within the Municipality, staff can no longer attempt to deal with the increased complaints in an effective and efficient manner, within the context of the By-law. An increase in the number of Notices placed in local media, reminding property owners of their responsibilities in regard to snow removal, can be viewed as an important "educational program". The proposed By-law incorporates what staff deem and view as being necessary, in the hopes of streamlining the entire snow removal process. The passage of this By-law can only aid staff in their enforcement, eliminating many past problems and complaints related to this entire issue. Respectfully submitted, Patti L. Barrie A.M.C.T. Town Clerk TM*PB*mh - 1. ~ 3 ' The Corporation of the Municipality of Claringlon BY-LAW NO. being a By-law to Repeal By-laws 87-197 and 91-79 to Regu]ate the Clearing Away and Removal of Snow and Ice from the Roofs of Bui]diogs and from Sidewalks Within the Municipality of Claringtoa WI-IEREAS Section 209(60) of The MuniripalAm R.S.O.1990 provides that a Councl of a Municipahtymay pass By-]aws regarding the removal of snow and ice from roofs and sidewalks of occupied premius; AND W[dEREAS Section 209(61) of The Municipal Act R.S.O. 1990 provides that a Council of a Municipahty may pass By-laws regarding the removal of snow and ice from roofs and sidewalks of naoccupied premises; AND WI~REAS Section 209(62) of The Muaicpal Act provides that a Council of a Municipahty may pass By-laws regarding the removal of snow and ice from sidewalks at the expense of the abutting owner, is any manner, including that provided by Semion 326 of this Act; NOW TI-IEREFORE, The Council of the Corporation of the Municipality of Claringtoa enacts as follows: SIDEWAI-KS 1. Every owner and/or occupant of property within the Municipality of Claring[on shall clear away and remove, or cause to be cleared away and removed, nay snow, slush or ice, from the sidewalks oa any highway or part of a highway or a~ class thereof is front of, alongside, or at the rear of said property within twelve hours after a fall of snow, rain or hail 2. If, after clearing away or removing or having cleared away or removed snow, slush or ice from the sidewalk, as regnired is Section 1, the sidewalk still remains to be slippery and poses a hazard to pedestrians, the owner and/or oavpant shall spread or cause to be spread, sand or any other reasonable suitabla material, along said portion of sidewalk. 3. Every owner and/or occupant as mentioned in Sections I and 2, must ensure that the portion of sidewalk for which [hey are respoasble is continually kept and maintained free of slippery surfaces, snow, slush, ice or any combination [hereof, by appropriate means, between falls of snow, rain or hail, no matter what [he cause. 4. Where as owner and/or occupant of property within the Municipality Las failed [o comply with Section 1, 2, or 3 of this By-law, the Municipality may undertake the necessary work, at the expense of the owner and/or occupant. Any and all expenses intoned in so doing, may be recovered by action, or [a like manner as taxes. ROOFS 5. Every owner and/or occupant of any building within the Munidpality, that has a roof which slopes toward a highway or a sidewalk oa a highway is front of, alongside of, or at the rear of such bvt7ding, shall ensure that the roof of said building is cleazed of any snow and/or ice constituting a hazard to the pnblie. 6. Any person removing mow from the roof of a building as mentioned in Sec[itn 5, shall take due and proper care and precaution for the warning and safety of all persons using such sidewalk or Lighway. 7. The Municipality of Claringtoa may remove snow and/or ice, constituting a hazard to tha public, from the roofs of all unoccupied/vacaot buildings without notice to, and at the expense o[ owner. Any and all expenses incurred is so doing may be recovered by action or in like manner as taxes. GENERAL PROVISIONS 8. No person shall sweep, shovel, throw, drop or place or cause to be swept, shovelled, thrown, dropped or placed any snow, slush or ice onto the [ravelled portion o[ any highway or onto nay sidewalk on any highway. 9. No person shall remove snow, slush and/or ice from a public sidewalk in a manner which would damage any sidewalk or curb. 10. No person sha0 deposit snow, slush, and/or ice in such a way as to obstruct access to any fire hydrant. b04 ~„ ,` -2- ." -2- LIABILITY 11. The removal of snow, slush, and/or ice by the Municipafityof l7ariugton, its servants, agents, or employees, shall not relieve any person from the liability for breach of the provisions of this By-law. CONTRAVENTION OF BY-LAW 12. Any person who contravenes any provisions of this By-law is guilty of a¢ offence. $FVERABILITY 13. (a) Words imparting the singular number include plural and vice versa. (b) Where applicable, the term "person" shall include a company. 14. Should any part of this By-law be declared 6y a Court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By-law shall not be affected thereby, the intent of Coun©7 being that each provision of the By-law shall be determined to be separatelyvalid and enforceable to the fullest ertent permitted by law. REPEAL OF PREVIOUS BY-LAW I5. By-law 87-197 and By-law 91-79 are hereby repealed. ENACTMENT 16. This By-law shall come into full force and effect immediately upon its final passing. BY-LAW read a first time this day of 19 BY-LAW read a second time this day of 19 BY-IAW read a third time and finally passed this day of 19 MAYOR CLERK rl .~