Appeal of Charges for Sidewalk Snow Removal -
817 Broadview Avenue (Don River)
The Toronto Community Council recommends the adoption of the following report
(February 23, 1998) from the Director, By-law Administration and Enforcement, City
Works Services:
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 75per
cent 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 75per cent
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. Maniscola that his agreement with his tenants does not eliminate his
responsibility as the property owner. However, we agreed to reduce the charges from 75per cent
clearing to 50 per cent, as this was a first offence, and Mr. Maniscola 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 "before" and "after" 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