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Staff Report
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Report To: General Government Committee
Date of Meeting: November 8, 2021 Report Number: LGS-029-21
Submitted By:
Reviewed By:
File Number:
Rob Maciver, Director of Legislative Services
Andrew C. Allison, CAO
Report Subject: Snow Clearing
Recommendations:
Resolution#: GG-490-21
By-law Number: 2021-089
1. That Report LGS-029-21 and any related communication items, be received; and
2. That the By-law attached to Report LGS-029-21, as attachment 1, be approved.
Municipality of Clarington
Report LGS-029-21
Report Overview
Page 2
In 2016, rate adjustments were made to the snow clearing by-law. Over the last 5 years,
snow clearing costs have increased and will regularly fluctuate over the years. To avoid
frequent amendments to the by-law and provide a fair and consistent approach to recovery
of costs for services, amendments within this report are recommended.
1. Background
1.1 By-law 93-144 provides an owner or occupant 24hrs after a snow fall to clear snow,
slush, and ice from a sidewalk alongside their property. In situations where an owner
fails to clear the sidewalks, Municipal Law Enforcement provides notice to have it
cleared, then after further non-compliance arranges to have sidewalks cleared at the
owners' expense.
1.2 Recovery of costs for snow removal is set out in By-law 93-144, section 4. as per the
following schedule:
Details of Work Undertaken on
Distance of sidewalk
Fee
sidewalk in front of, alongside, or
area on which the
at the rear of:
work was undertaken
Developed Residential lot with at
Up to 23 metres (75.5
$150 flat fee
least one dwelling unit
feet)
Developed Residential lot with at
Greater than 23
least one dwelling unit
metres (75.5 feet)
$250 flat fee
Developed land with a Commercial /
$4.00 per metre
Industrial or mixed use building on it
Vacant land (regardless of its
$4.00 per metre
Zoning Designation) or any land
under development prior to the date
of closing of sale
1.3 The cost for snow removal services is constantly on the increase. The actual cost to
remove snow from sidewalks alongside vacant, commercial and industrial properties
currently exceeds the amount recoverable under the existing cost recovery provisions of
the by-law.
Municipality of Clarington Page 3
Report LGS-029-21
1.4 In many cases, the existing cost recovery provisions related to residential properties is
disproportionate to the actual cost of the work. For example, under the current
provisions, an owner who had snow cleared from 5 meters of sidewalk would be
invoiced the same amount as a resident who had 22 meters cleared. Fairness dictates
this should be revised so that the amount recovered is the actual cost of the work.
2. Discussion
2.1 To remain equitable and consistent with other regulatory by-laws providing for the
recovery of costs, an amendment to by-law 93-144 is required. In addition to remaining
equitable and consistent, an increase for developed commercial and industrial lands,
and vacant lots is required to ensure costs can be fully recovered.
2.2 The Municipality's Clean and Clear by-law provides for the recovery of the actual costs
associated with contractor services, plus an administration fee of $50. The nature of the
work, and the recovery of costs under the Clean and Clear by-law is comparable to by-
law 93-144. By-law 93-144 should be amended to reflect the same approach to cost
recovery.
2.3 Following the same process and recovery of costs as the Clean and Clear by-law
provides consistency for staff and residents. Billing the actual cost is the most fair and
reasonable method to calculate the amount to be recovered.
3. Concurrence
Not applicable.
4. Conclusion
It is respectfully recommended that the By-law attached to Report LGS-029-21, as
attachment 1, be approved.
Staff Contact: Duncan Anderson, Manager Municipal Law Enforcement, 905-623-3379 Ext.
2110 or danderson@clarington.net.
Attachments:
Attachment 1 — Bylaw 2021-xxxx
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report LGS-029-21
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The Corporation of the Municipality of Clarington
By-law 2021-OXX
Being a by-law to amend the Snow Clearing By-law 93-144
WHEREAS subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the
Municipality to pass by-laws respecting highways under its jurisdiction;
AND WHEREAS the Municipality has enacted a Snow Clearing By-law 93-144 to regulate
the removal of snow on sidewalks under its jurisdiction;
AND WHEREAS the Municipality wishes to make certain amendments to the Snow
Clearing By-law 93-144
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
1. Section 4 of By-law 93-144 is revoked in its entirety and replaced with the following:
4. If a by-law enforcement officer is satisfied that a contravention of this by-law
has occurred, the by-law enforcement officer may make an order requiring the
owner or occupier of the land on which the contravention occurred to do work
to correct the contravention, failing which the matter or thing shall be done at
the owner's expense, in an amount equivalent to the actual cost to complete
the work plus an administrative fee of $50.
2. This by-law comes into force and effect on the day it is enacted.
Passed in Open Council this XXt" day of XXXX, 2021
Adrian Foster, Mayor
June Gallagher, Municipal Clerk