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HomeMy WebLinkAboutCD-32-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON X� � l �(�CX►� t X��(XX REPORT Meeting: General Purpose and Administration Committee File # - iP(, Date: Monday, July 18, 1994 Res. #_Ca P _ ° '(, + - Report#: CD-32-94 File #: By-Law# Subject: SNOW REMOVAL FROM MUNICIPAL SIDEWALKS Rec'ft"iVI'Mspectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-32-94 be received; 2 . THAT the interested parties be advised of Council 's decision; and 3 . THAT the remaining outstanding bills for snow clearing services be processed for payment. BACKGROUND: In 1993, the Municipality passed By-law 93-144, a By-law to regulate the removal of snow and ice from roofs and sidewalks within the municipality. The By-law required all owners and/or occupants of property within the Municipality to clear the snow and ice from the sidewalks abutting their property within twelve hours of a snowfall and; "ensure that the portion of sidewalk for which they are responsible is continually kept and maintained free of slippery surfaces, snow, slush, ice or any combination thereof by appropriate means between falls of snow, rain or hail, no matter what the cause. " (section 3) The By-law also provided for an expedited means of dealing with the removal of snow and ice from municipal sidewalks . It was not necessary for staff to issue repeated warnings to property owners or occupants . If staff found the work had not been done they could have a contractor do the work and bill the owner. i I . . .2 1 W� R O PAPE�RECYCLE ­I PRRNEDMRECYCLEDPAPER REPORT CD-32-94 - 2 - JULY 18, 1994 The Municipality retained G.W.S. Landscaping to provide snow removal services where required. As a general guideline, if no work was done within twenty-four hours of a snowfall or if a hazardous situation arose and no action was taken by the owner to correct it within twenty-four hours, the contractor would be sent out to do the work and the owner would be billed. Notices were placed in all local newspapers advising citizens of their responsibility. These ads ran four times over the course of the winter. As well, there were notices on the local cable television channels . From January 13, 1994 until March 1, 1994 the contractor was sent out on sixteen separate occasions to clear a total of 273 properties . The total cost to the Municipality, for this work, was $11,530 .45 . The contractor had to clear sidewalks not only after snowfalls but also after roads had been ploughed and some of the snow had been pushed up onto the sidewalk and not subsequently cleared off by the abutting property owner. Shortly after the first invoices were sent out staff and members of Council began to receive complaints about the billing. By February 4, 126 invoices had been sent out. Of these, staff have received complaints on 21 of them. Some complaints state the work was never done, others that they had cleared the snow and the Municipality's snow plough had come along and shoved more snow up onto the sidewalk after they had finished. Staff were instructed to withhold sending out further invoices . It was necessary however, to continue clearing the sidewalks in the interest of public safety. 1992-93 was the first year that staff actively attempted to enforce the snow clearing by-law. By-law 87-197 was very unwieldy and time consuming. The new By-law is a great improvement, however, it still places an unreasonable strain on the By-law Division's resources . The time cost to the Municipality of the present system is enormous . The By-law Division must first receive the complaints, prepare lists, obtain addresses and ownership information and notify the contractor. Once the work has been done invoices must be prepared and the exact amount to be billed to the owner must be calculated along with the amount to be paid to the contractor. The invoices must be tracked and if no payment is made then Treasury must be advised to add the outstanding bills to the municipal taxes, and track the payments . . . . 3 606 REPORT CD-32-94 - 3 - JULY 18, 1994 1993-94 was the first winter for the new by-law and staff must now reassess its effectiveness . The total number of complaints received were up over 1992-93 . There were fewer repeat complaints on the same incident. This can be attributed to both the faster turn around time in dispatching the contractor and the greater exposure received by both advertisements and prompt billing. The areas of public complaint can be best categorized as the following: 1. the sidewalk was never ploughed by the contractor, the owner states he did it before the contractor arrived; it should be noted that there can be delays of up to forty- eight hours between the time of the cessation of a snowfall, the filing of a complaint and the arrival of the contractor to do the work; 2 . several complainants have stated they saw a small plough in their area but it never did their sidewalk, in many cases they have confused the contractor hired to do the Public Works Seniors ' Program with the one clearing sidewalks at the request of the By-law Division; 3 . the sidewalk had been cleared by the owner however the snow plough had come by clearing -the road and dumped more snow onto the sidewalk; in some cases the homeowners have stated that they did not feel this was their problem as they had cleared the snow in the first place and didn't have to remove anything that the plough placed there. It should be noted that these are the same areas that were complained about under the old by-law as well. ENFORCEMENT OPTIONS: Staff have explored several options in an attempt to improve the system. These are summarized below along with the major drawbacks to each option. The options are: . . .4 bUi REPORT CD-32-94 - 4 - JULY 18, 1994 1 . continue on as we are; this solution only perpetuates the problems as they now exist; the process was streamlined this year in order to operate more effectively but now several complaints have been received about not being warned of our intention to plough beforehand: there is a continuing problem of time required to administer the system as well as public complaints about bills; 2 . repeal the By-law and do nothing and hope people clear the snow; 3 . leave the By-law in place and rely on the public to clear the snow. Both options 2 and 3 leave the Municipality very vulnerable on the subject of liability on the Town's insurance. The Municipality can be sued in cases of "gross negligence" regardless of any By-law which places responsibility on the adjacent homeowner. The ultimate fact is that the Municipality is the owner of the sidewalk and can be held accountable for problems resulting from dangerous conditions . If our liability increases then, in all likelihood so will our insurance premiums. 4 . have Public Works or a private contractor do the work for all areas; The main problems for Public Works are manpower, the cost of the program and establishing a firm policy of how often it must be done aside from snowfall. In the case of a private contractor, they would have to be given complete jurisdiction over the program. 5 . have Public Works or a private contractor do the job only in specified areas; 6 . have Public Works or a private contractor do the job for all areas for snow falls only and leave the property owner responsible for clearing in all other situations. . . .5 608 REPORT CD-32-94 - 5 - JULY 18, 1994 Options 5 and 6 combine the worst of the other options with few, if any advantages . The Municipality still has the cost and accepts liability for unploughed areas . Option 6 leaves us with the same situation as presently exists . Staff would have to persuade the citizens to clear their own walks and more importantly keep them clear at all times . Options 4, 5 and 6 create another problem, that of collecting the costs of work done by either a private contractor or the Public Works Department. The offending property owners can be billed individually. This invites continued complaints from individual owners . There are other options for collecting outstanding costs . (a) The costs could be applied only to those property owners with municipal sidewalks adjacent to their property. Unfortunately there is no available list of all the sidewalks in the Municipality and some citizens would rather shovel their sidewalks than see a surcharge on their taxes for sidewalk maintenance. (b) The costs could be applied to the taxes of the residents of the urban areas only. In staff's opinion this option still imposes an unfair burden on citizens without sidewalks and those who do not object to shovelling the sidewalk. (c) The additional costs can be applied to the taxes of all residents. In this case residents in rural areas as well as those without sidewalks are asked to pay for the maintenance of something that has no direct bearing on them. The last collection alternative would be for the Municipality to accept the costs as part of their operating budget and not pass the cost on to the property owners . In staff's opinion this is not a viable alternative. The cost for the contractor to perform his work this year was in excess of $11,450 .00 . The Municipality cannot be expected to absorb that kind of cost on a regular basis . . . 6 6U REPORT CD-32-94 - 6 - JULY 18, 1994 Staff believe the only option with any real expectation of success would be to continue to enforce the By-law but with minor procedural changes . The contractor would be required to issue notices after any work is done and take photos of the sites before and after. Unfortunately this will increase the cost to the citizens and slow down the contractor. This process would allow us to have hard evidence of the state of the sidewalk at the time the contractor attended and it will also remove the Municipality from direct involvement in arguments as to what work was done and when. The owner would be immediately notified when the work was done thus eliminating the argument that nothing was ever done. Staff have spoken to the Public Works Department regarding complaints involving snow ploughs . There are no reasonable alternative solutions to the problem of the ploughs dumping snow back onto the boulevard and sidewalk. In some situations the boulevard is not wide enough to contain all the snow and it spills onto the sidewalk. In several of the urban and commercial areas the boulevard is virtually non-existent. OUTSTANDING INVOICES: There are approximately 150 outstanding invoices which were never sent out to the property owners . Staff are recommending that these be processed and sent to the property owners for payment. These invoices represent over $5,454 .00 . After it had been decided not to process any more invoices it was still necessary to have the contractor attend and clear the sidewalks on some properties. Concern has been raised over the delay in sending out these invoices, however, it should be noted that many of the invoices from 1993 were not sent out until the late spring and early summer of last year. Of the twenty-one complaints received, the contractor can account for all but four of them. These were done by another employee of the contractor and he cannot personally verify that the work was done. Staff are intending to cancel only these invoices . The remaining ones would have to be paid. Staff do not believe it would be proper to cancel the remaining outstanding invoices as this would have the effect of penalizing those citizens who acted in good faith and paid their bills . . . 7 6 1 U REPORT CD-32-94 - 7 - JULY 18, 1994 CONCLUSION: For many years there was little or nothing done to enforce the provisions of the previous Snow Removal By-law. Increased concern over public safety and the Municipality's liability have resulted in a need for more active enforcement of the By-law. Staff believe that the existing system can be made to work effectively with only minor modifications . Respectfully submitted: Reviewed by: /% I `Z' _ /- Pa ti L. rrie A.M.C.T. W.H. Stockwell Town Clerk Chief Administrative Officer I I