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Clerk's
Report
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Meeting: General Government Committee
Date: March 29, 2016 Resolution: C7�,- V 0.-tV,) By-law:
Report: CLD-006-16 File:
Subject: Boulevard Maintenance By-law
Recommendations:
1. That Report CLD-006-16 be received;
2. That the By-law attached to Report CLD-006-16 be passed; and
3. That all interested parties listed in Report CLD-006-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report CLD-006-16 Page 2
Report Overview
This report is in response to an area resident's concerns conveyed to the General
Government Committee in September of 2015 regarding Clarington's Boulevard By-law
and the request for consistent enforcement and to allow for hardscaping on the
boulevard.
1 . Background
On September 28th, Ms. Muccio addressed the General Government Committee
questioning the need for the Boulevard By-law, the process of leaving the matter to
an officer's discretion, and why the local Councillor was not involved in the
decision making process. Additionally, Ms. Muccio requested that the Boulevard
By-law be amended to allow for hard landscaping. Ms. Muccio's comments were
referred to Staff to report back on the matter.
2. Discussion
Clarington's Boulevard By-law 2013-066 was enacted in June 2013, under the
authority of the Municipal Act, 2001, to clearly articulate the Municipality's strict
control over any and all intrusions onto and occupancies of boulevards.
Specifically, it prohibits any fill alterations and the placement of asphalt, concrete,
interlocking brick, slag, solid stone or wood on the boulevard, commonly referred to
as "hard landscaping". It permits landscaping using soft materials such as flowers
trees, sod and vegetables provided it is not an obstruction. Further, the By-law
also provides that an owner may apply to the Director of Engineering Services for
approval, should they wish to widen a driveway or in some other way improve their
driveway or access points to their property.
2.1 Safety and Liability
There are two significant concerns in allowing hard landscaping within the
boulevard. The first is the health and safety risks to Municipal staff as they
perform their work on the roadways and the potential hazard for the general public
using the roadways where debris is left on the roadway. The installation of large
armour stone, big and small rocks, logs and interlocking brick curb etc., has
created a safety concern for municipal staff performing winter maintenance as well
as the public in that it may create a trip and fall hazard. For the homeowner,
where there are certain types of hard landscaping materials such as river rocks,
Municipality of Clarington
Report CL®-006-16 Page 3
there is an opportunity for vandalism and potential for damage to personal
property.
The second concern arises from the first, being the Municipality's liability in the
event of a lawsuit should the situation not be corrected. Whether caused by flying
rocks thrown up from a plough, chips of concrete struck by a plough blade and
sending shards of broken concrete into the air, or injury to an individual caused by
striking, tripping or falling on one of these encroachments, the Municipality's
liability could be significant.
2.2 Purpose of Boulevards
The purpose of boulevards is for the housing and running of infrastructure whether
underground or above ground. Permitting hard matter materials may add
additional time spent to service either power lines, sewage or communication lines,
thus increasing service disruptions to a greater part of the community.
As more and more features are installed on the boulevards, future road
maintenance costs will increase. Repairs or upgrades to buried sewer pipes and
utilities (hydro, gas bell cable) will require the removal of hardscape features to
undertake the necessary work, thus making maintenance work more time
consuming, difficult and costly to complete. For work undertaken by the
Municipality, these cost increases will be borne by the Municipality (through higher
contractor costs) and ultimately at the expense of the taxpayer.
Boulevards are also areas where pedestrians may travel when sidewalks are not
available. If hard landscaping were permitted, any obstructions may hinder or
deter individuals from safely walking.
2.3 Enforcement
As Council is well aware, the By-law is generally enforced on a complaint basis.
Where there is a safety concern identified by staff, the situation will be addressed.
In 2015, a total of eight investigations were conducted by Municipal Law
Enforcement staff, stemming from public concerns regarding boulevards being
landscaped. Four full-time Municipal Law Enforcement Officers conducted just
over 1000 various investigations, these investigations at times are very time
consuming, involving correspondence, travel, site inspections, follow ups and
detailed report data entry. The low volume of calls concerning boulevards
supports the notion that either the residents accept the restrictions set out in the
By-law and/or area residents are tolerant of those situations that are in conflict with
the by-law. Thus, regular pro-active enforcement is not deemed necessary at this
time. Should municipal staff identify a situation which is an obvious safety
Municipality of Clarington
Report CLD-006-16 Page 4
concern, the matter is addressed through enforcement to have the property owner
remediate the situation.
Council's role is to set policy, and the enforcement officers' job is to investigate
and determine if an offence has been committed and, where appropriate, take
actions to resolve the violations including issuing an order to remediate or to lay
charges. The law requires that the officer must be independent of outside
influence or constraint. The agreement that Clarington has with the Region of
Durham regarding the administration of provincial offences prohibits any political
involvement in the enforcement of our by-laws. The decision to lay charges in any
situation is based on the reasonable belief of the officer, given all the facts and
circumstances, that an offence has been committed and the person to be charged
is the responsible party. The officer cannot rely on someone else's opinion or
input. It is the officer who must defend their position and make the case for court.
3. Housekeeping Amendment
Subsequent to the passage of By-law 2013-066, a technical issue relating to one
foot reserves was discovered. The by-law attached to this report as Attachment 1
corrects the problem.
4. Concurrence
This Report has been reviewed by Fred Horvath, Director of Operations, Tony
Cannella, Director of Engineering, Nancy Taylor, Director of Finance/Treasurer,
and Andrew Allison, Municipal Solicitor who concur with the recommendations.
5. Conclusion
In 2013, Council amended Clarington's Boulevard By law which now allows for soft
landscaping on the boulevard. This policy provides property owners the flexibility
to beautify their boulevard while not compromising safety, increasing municipality
liability or increasing construction or maintenance costs.
Clarington's regulatory by-laws are enforced on a complaint basis. Much of
municipal enforcement is based on what the local community is willing to accept as
appropriate. Pro-active enforcement can result in the officers being overly
occupied with matters where there is no public interest or concern and problem
areas not being addressed, leaving the community feeling that their concerns are
not being dealt with and their voices being ignored. Addressing health and safety
concerns or potential areas that may encumber operational works, continue to be
Municipality of Clarington
Report CLD-006-16 Page 5
brought to the attention of the Municipal Enforcement Division for action to
remediate the situation.
While staff recognizes that other municipalities may permit some form of hard
landscaping, based on the reasons outlined in this Report including
construction/remediation related delays and costs, safety, and liability, staff
support that the prohibition of hard landscaping on boulevards continue.
6. Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
f.
/_/I
Submitted by: : Reviewed b�
Anne Greentree Franklin Wu,
Municipal Clerk Chief Administrative Officer
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
The following is a list of the interested parties to be notified of Council's decision:
Jacqueline Muccio
CAG/LDC/DA
ATTACHMENT # `--_ _TO
REPORT #
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2016-
Being a by-law to amend Boulevard By-law No. 2013-066
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
desirable to amend Boulevard By-law No. 2013-066.
NOW THEREFORE be it enacted and it is hereby enacted as a by-law of The
Corporation of the Municipality of Clarington as follows:
1. The definition of "boulevard" in Section 1 of By-law 2013-066 is amended by
adding the following words: "and includes any reserve owned by the Municipality
that is adjacent to a highway".
2. This by-law comes into effect on the date of its passing.
PASSED this 11th day of April, 2016.
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk