RECOMMENDATION:
THAT Council adopt a by-law to prescribe standards for maintenance of tall grass and
weeds on private lands;
And that
enforcement of the by-law, including the coordination of Town-initiated cutting
of tall grass and weeds be undertaken by the By-Law Enforcement & Licensing
Division.
PURPOSE:
Pursuant to the Municipal Act, 2001 S.O. 2001, c. 25, to enact a
by-law requiring that property owners or occupants cut and maintain their grass
or weeds and to provide for alternative maintenance measures
BACKGROUND:
Ontario
municipalities are empowered to enact by-laws requiring private property owners
to cut their grass and weeds when a specific height is reached. These by-laws
have been passed to eliminate the public nuisance created by properties with
unkept grassed areas and to eliminate or mitigate health issues of adjoining
residents that may result. To date, Town has relied on the Weed Control Act and the Property Standards By-law to require
property owners to cut their grass or weeds when the height of 15 centimetres
is reached. These pieces of legislation do not provide the timely authority needed
to address non-compliance. A new by-law, passed under the Municipal Act is being proposed to provide staff with the timely
authority to address non-compliance and to ensure recovery of the enforcement
costs.
OPTIONS/DISCUSSION:
Resource
Allocation and the Weed Control Act
Previously, the Municipal
Weed Inspector (MWI) within the Urban Forestry Division was responsible for
handling tall grass and weed complaints.
Municipalities are required to appoint Municipal Weed Inspectors to
enforce the Weed Control Act, R.S.O.
1990, c. W.5 (WCA), which requires
the destruction of noxious weeds by property owners. Designating the MWI to deal
with both noxious weeds and tall grass complaints was a corporate streamlining
initiative at the time.
Today, the WCA no longer applies to the majority of
lands within Markham and
does not apply to urban areas at all. The WCA
is only applicable to lands adjacent to lands being used for food crop
production and will continue to be investigated by the MWI if complaints are
received. For urban area complaints, the MWI has been using the Property
Standards By-law to bring properties with tall grass and weeds into compliance,
a process that is no longer acceptable as it can result in a lapse of 45 days
before the Town can take steps to enforce the By-law.
The proposed by-law requires
an owner or occupant of land to cut the grass or weeds within the within seventy-two
hours of receiving a notice to do so. If the grass or weeds are not cut within
the time period, the Town is then in a position to enforce the notice by outsourcing
the work.
Transfer of Responsibility for Enforcement
Urban Forestry and By-Law
Enforcement & Licensing staff met to discuss operational issues arising
from past tall grass and weed complaints in advance of the upcoming summer. The
meeting identified that residents were expecting a more timely resolution to their
complaints and that passing a by-law under the Municipal Act and using the shorter compliance periods in the Act
would address the issue. Staff are recommending that existing By-law
Enforcement staff with six dedicated Officers in the field be assigned to
enforce the by-law rather than the single MWI. By-law staff will continue to use
the existing contactor and internal administrative procedures to invoice
property owners. Failure to pay invoices will result in the unpaid amount being
added to the tax bill of the property, pursuant to the Municipal Act.
FINANCIAL
CONSIDERATIONS:
Costs incurred to enforce notices issued under the by-law will be
charged back to the individual property owner on a cost recovery basis.
ENVIRONMENTAL CONSIDERATIONS:
The
by-law will prevent potential allergic reactions and other health problems for
individuals and avoid potential disruptions of ecological systems.
ACCESSIBILITY CONSIDERATIONS:
None
ENGAGE 21ST CONSIDERATIONS:
None
BUSINESS UNITS CONSULTED AND AFFECTED:
Legal
Operations
and Asset Management
By-law
Enforcement & Licensing
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Peter
Loukes, P. Eng.
Director,
Operations and Asset Management
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Sheila
Birrell
Town
Clerk
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Jim Sales,
Commissioner
of Community & Fire Services
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Andy Taylor
Commissioner
of Corporate Services
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