February 23, 1998
To: Toronto Community Council
From: Lesley Watson, Director, By-law Administration and Enforcement, City Works Services
Subject: Appeal of Charges for Sidewalk Snow Removal - 817 Broadview Avenue (Ward 25 - Don River)
Purpose:
To report on the property owner=s request that the charges for sidewalk snow removal at 817 Broadview Avenue be reconsidered by City Council. The owner has already been granted one reduction (from $228.10 to $152.06) following a review by management.
Funding Sources, Financial Implications and Impact Statement:
Charges of $152.06 were added to the 1997 property taxes for 817 Broadview Avenue, and have been paid in full. If City Council decides to reduce or cancel the charges, an adjustment will be made to the 1997 tax account for the property.
Recommendation:
It is recommended that the charges of $152.06 for sidewalk snow removal on February 4, 1997 at 817 Broadview Avenue stand and that City Council take no further action on this matter.
Background:
The City Services Committee of the former City of Toronto, at its meeting of September 3, 1997, in considering a communication (August 19, 1997) from Mr. Joseph Maniscola, asked me to report on his request for reconsideration of sidewalk snow removal charges, assessed against 817 Broadview Avenue, of which he is the owner and landlord.
Comments:
City of Toronto Municipal Code Chapter 304, Snow and Ice Removal, requires all property owners to remove snow and ice from the public sidewalk in front of or beside their properties within 12 hours after a snow storm and to keep the sidewalk clear. If the snow and ice is not removed, the City can clear the sidewalk and charge the cost of removal to the property owner by way of Realty Taxes.
On January 29, 1997, staff inspected the sidewalks on Pretoria Avenue between Broadview Avenue and Ellerbeck Street, following the snowfall which ended on January 28, 1997, and found that the sidewalk flanking 817 Broadview Avenue had not been cleared. The by-law officer delivered a Notice to the property to advise the occupant of the requirement and request that the sidewalk be cleared immediately. Issuing this Notice is not a requirement of the Municipal Code.
A City crew came back on February 4, 1997 and the sidewalk was still covered with snow and ice. The crew salted the sidewalk at 9:40 a.m. and cleared it at 1:55 p.m. Photographs (Appendix >A=) taken beside 817 Broadview Avenue show that the public sidewalk was 75% covered on February 4, 1997 at 9:40 a.m., while the lower picture, taken at 2:00 p.m., shows that the sidewalk was completely cleared by the City crew.
History of Review of Charges at 817 Broadview Avenue:
We wrote to Mr. Joseph Maniscola, the property owner, on February 18, 1997 to advise that the cost of this work was $228.10, including GST, and this charge would be added to his tax bill for 1997. (The authorized charge per square metre of sidewalk cleared is $5.50. The area cleared was 51.68 sq. m. (30.4 m x 1.7 m), for a total of $228.10, including GST, based on 75% coverage.)
Mr. Maniscola then sent two letters (March 14 and 16, 1997) requesting that the charges for sidewalk snow removal be revised or issued to his tenants instead. He notes that he does not reside at 817 Broadview Avenue and the lease agreements with his tenants require them to clear the snow.
We advised Mr. Mansicola that his agreement with his tenants does not eliminate his responsibility as the property owner. However, we agreed to reduce the charges from 75% clearing to 50%, as this was a first offence, and Mr. Mansicola assured us that his tenants would clear the sidewalk in future. The revised charge was $152.06, including GST.
Factor Considered in Management Review:
Each winter season, a small number of the property owners who are charged for sidewalk snow removal ask for these charges to be reduced or cancelled. A review is then conducted by the Director. In determining whether or not to grant reduction, I must consider a number of factors, and in particular what other people in similar circumstances have been charged.
We do use some discretion in reducing snow charges where:
(a) the charge is for a first offence and the owner claims they were unaware of the by-law or did not receive our courtesy notice;
(b) the Abefore@ and Aafter@ photographs do not clearly show the sidewalk; and
(c) the snow may have been pushed onto the public sidewalk by City plows.
Conclusions:
In granting a reduction to the initial charges, the review has taken these factors into consideration. My decision to reduce the charges has weighed these factors, and in my opinion the revised charges are fair in the circumstances.
Our ability to clear the sidewalks and charge the owner is an essential aspect of enforcing the Snow and Ice Removal By-law and make the sidewalks safe for pedestrians. The charge also acts as an effective deterrent against further offences.
I therefore recommend that City Council uphold the charges of $152.06 and take no further action on this matter.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
Director
