The URL can be used to link to this page

Home My WebLink AboutCLD-022-14 If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102 ciff-mooff Report Municipal Clerk's Department Meeting: General Purpose and Administration Committee Date: September 22, 2014 Resolution: _ l By-law: \ Report: CLD-022-14 File: Subject: Snow Removal Regulations Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: a) That Report CLD-022-14 be received; b) That the time period for residents to clear away and remove snow, slush or ice, from any sidewalk in front of, alongside, or at the rear of their property be amended to 24 hours; c) That the costs for the Municipality to remove snow, slush or ice from any sidewalk where the owner/occupant has failed to remove it, be amended to reflect the fees detailed in Section 12 of Report CLD-022-14; and d) That the draft by-law, included as Attachment 1 to Report CLD-022-14 be approved. Submitted by: Reviewed by: � ,C./Anne Greentree EP Franklin Wu, Municipal Clerk Chief Administrative Officer Municipality of Clarington Report CLD-022-14 Page 2 Report Overview The current process for regulating the clearing of snow from municipal sidewalks provides for a very challenging and sometimes unrealistic timeframe for residents to undertake the clearing of their sidewalks. As well, the cost-recovery process is extremely time-consuming for staff and often results in a delay in issuing invoices to residents for the cost recovery. It is therefore recommended that residents be provided a 24-hour window to clear their sidewalks and that costs to be borne by those residents not in compliance with the Snow Clearing By-law be based on a flat rate as detailed in the Snow Clearing By-law. Background Current Regulations 1. By-law 93-144 was enacted in September 1993. The By-law requires every owner and/or occupant of a property within the Municipality of Clarington to clear away and remove any snow, slush or ice form the Municipal sidewalks in front of, alongside, or at the rear of their property. As well, the by-law requires the resident to spread sand or other reasonable suitable material on the sidewalk should they not be able to remove all of the snow or ice. The property owner must also keep the sidewalk clear at all times. The time period in which the resident must undertake this work is 12 hours from the fall of snow, rain and hail. 2. Where a resident fails to undertake the clearing and removing of snow, slush or ice, or the necessary sanding, etc., the Municipality may undertake the necessary work at the expense of the owner and/or occupant. Current Administrative Process 3. The current "enforcement" process really provides a very short window of time for residents to clear their sidewalk (i.e. 12 hours from the snow fall) and should a complaint be received after the 12 hour period, the contractor is automatically dispatched to undertake the work. While this process provides for "speedy" clearing, it does not afford the residents a reasonable time frame to undertake their clearing. 4. Our current clearing process has not traditionally included any warning notice provision to our residents, which resulted in their being charged for work undertaken by the Municipality without having had an opportunity to remedy the situation first. This generally results in increased administrative work in responding to the complaints regarding invoices received. 5. The current provisions for invoicing of the contractor for work undertaken on behalf of the Municipality has been based on "actual clearing costs" (as invoiced by the contractor) with an additional administration fee. Verification of the clearing costs is a very time-consuming administrative process which delays the issuing of the invoice to the resident. Residents receiving an invoice are provided 30 days to pay and failure to pay results in the costs being applied against the property in like manner as municipal taxes. Municipality of Clarington Report CLD-022-14 Page 3 6. The invoice to the property owner for work undertaken by the Municipality for clearing snow, slush or ice, is meant to serve as a deterrent and to encourage the property owner to comply with the requirements of the By-law, to provide for a safe walkway for our Community. For the penalty to be successful, however, in achieving its purpose, it must be timely and of a relevant value. The delay in issuing invoices inherent in our current invoicing process undermines the "deterrent" effect of the penalty. 7. The rate for service paid to the external contractor for snow clearing is based on the service contract. Contracts are typically for a multi-year period and rates may fluctuate within the contract period in accordance with the contract terms. The invoice issued to the property owner for cost recovery for work undertaken by the municipality for snow clearing is based on actual costs. It is very difficult, therefore, for residents to know just what they would be charged should they fail to clear. Often, staff hear from the residents that they had no way of knowing what the penalty would be. Research Findings 8. Staff undertook a review of service levels and processes currently used by area municipalities. Research findings indicate that, in response to a complaint, Oshawa, Whitby, Ajax and Pickering issue notices to their residents advising of their requirement to clear the sidewalks within 24 hours. 9. _Whitby, and Oshawa invoice based on actual clearing costs, while Ajax and Pickering invoice based on a standard fee. 10.In the past two years, Clarington Municipal Law Enforcement handled 629 complaints regarding snow clearing with a total of 517 invoices being issued. The administrative staff time spent processing these complaints is estimated to be 336 hours. Staff estimate that 15% of the invoices result in a further discussion (or series of discussion) with the property owner concerning their not having an opportunity to clear before being charged. Recommended Amendments, 11.To promote and improve the opportunity for compliance, and to better utilize staffing resources, while not compromising community safety, it is recommended that By-law 93- 144 be amended to provide the owner and/or occupant of property 24 hours after a fall of snow, rain or hail to clear and remove snow, slush or ice from the sidewalks in front of, alongside, or at the rear of their property. Municipality of Clarington Report CLD-022-14 Page 4 12.To provide for greater administrative efficiencies and improved communication to property owners, it is recommended that By-law 93-144 be amended to establish the following cost recovery fees for work undertaken by the Municipality where an owner and/or occupant of property has failed to comply with snow clearing requirements set out in By-law 93-144: Details of Work Undertaken on Distance of sidewalk area Fee sidewalk in front of, alongside, or on which the work was at the rear of: undertaken: Residential Property Up to 23 metres (75.5 feet) $150 flat fee Residential Property Greater than 23 metres $250 flat fee (75.5 feet) Commercial / Industrial Property $4.00 per metre Concurrence Not Applicable Conclusion Based on the foregoing, it is respectfully recommended that By-law 93-144 be amended to provide property owners and/or occupiers 24 hours after a fall of snow, rain or hail to clear and remove snow, slush or ice from sidewalks and to establish a modified fee structure for cost recovery for work undertaken by the Municipality in accordance with By-law 144. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Staff Contact: L. Creamer, Manager of Municipal Law Enforcement, 905-623-3379 ext. 2110 or Icreamer@clarington.net Attachments: Attachment 1 - Draft Amending By-law There are no interested parties to be notified of Council's decision. ATTACHMENT L TO 1 REPORT# THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2014- Being a By-law to regulate the clearing away and removal of snow and ice from the roofs of buildings and from sidewalks within the Municipality of J Clarington and to amend By-law 93-144 WHEREAS Section 11(1) of the Municipal Act, S.O. 2001, c.25 provides that a municipality may pass a by-law with respect to health, safety and the well-being of persons, AND WHEREAS Section 11(1) of the Municipal Act, S.O. 2001, c.25 provides that a municipality may pass a by-law with respect to highways; AND WHEREAS Council deems it appropriate to amend By-law 93-144, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT By-law 93-144 be amended as follows: a. Subsection 1(a)—Delete twelve hours and replace it with 24-hours. b. Section 4 — Delete "Any and all expenses incurred in so doing, may be recovered by action, or in like manner as taxes."and replace it with: Any and all expenses incurred for work undertaken shall be recovered at the following rates, and may be recovered by action, or in like manner as taxes. Details�f'WDTI��_ Drstance�f dim we ally wee under ak-enb n rea on VM�i�fHEW&l idelnran_rf§jjj f Ewa s_uncTerEaken= =_ =alp=n�si�-0r�fi�he __ Residential Property Up to 23 metres (75.5 $150 flat fee feet) Residential Property Greater than 23 metres $250 flat fee (75.5 feet) Commercial/Industrial $4.00 per metre Property c. By-law 93-144 is further amended by deleting Subsection 1(b). BY-LAW passed in open session this 29th day of September, 2014. Adrian Foster, Mayor