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Report To: General Government Committee
Date of Meeting: June 20, 2016
Report Number: CLD-023-16 Resolution:
File Number: By-law Number:
Report Subject: Fence Cost Sharing By-law
Recommendations:
1. That Report CLD-023-16 be received;
2. That the By-law attached to Report CLD023-16, as Attachment 1, be passed; and
3. That all interested parties listed in Report CLD-023-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report CLD-023-16 page 2
Report Overview
This report is to correct an omission in Clarington's Fence Cost Sharing By-law.
1 . Background
In 2011 Clarington Council passed By-law 2011-045; a By-law to provide for the
apportionment of costs of Division Fences. This by-law details a process to assist
residents with their responsibilities for the apportionment of costs and payment in
relation to division fences and the action available to pursue payment from an 'unwilling
participant.'
2. Proposal
In using this by-law, it has come to staff's attention that a critical word was inadvertently
left out.
Presently, Section 6.2(a), in part, reads: "the Adjoining Owner shall pay fifty (50)
percent of the cost or fifty (50) percent of the Actual Cost whichever is less." This
wording results in the terms 'cost' and 'Actual Cost' having the same meaning. This
section should read "the Adjoining Owner shall pay fifty (50) percent of the Basic Cost
or fifty (50) percent of the Actual Cost whichever is less." Basic Cost is a defined term
within the by-law.
3. Concurrence
Not Applicable
4. Conclusion
It is respectfully recommended that the attached by-law be forwarded to Council for
passage.
Municipality of Clarington
Report CLD-023-16 Page 3
Strategic Plan Application
Not applicable.
Submitted by: C , ? eviewed by:
,"eC '. Anne Greentree kbwlin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or
agreentree@clarington.net
Attachments:
Attachment 1 — Draft Amending By-law
There are no interested parties to be notified of Council's decision.
CAG/TM
Attachment 1 to
Municipality of Clarington Report CLD-023-16
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
BY-LAW 2016-
Being a by-law to amend Fence Cost Sharing By-law 2011-045
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
advisable to amend Fence Cost Sharing By-law No. 2011-045.
NOW THEREFORE Be It Resolved That the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.2(a) of By-law 2011-045 is amended by deleting the word "cost" from the
first line and replacing with the words "Basic Cost."
2. This by-law shall come into force and take effect on the date that it is approved by
Council.
PASSED this day of July, 2016.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk