Winter Walking and Cycling

[jeffster]

I don't think that bylaw enforcement is the right tool to use to ensure sidewalks are cleared.

In February, shortly after the effective start of the snowy season this year, we were told that bylaw was issuing infraction notices to property owners whose sidewalks were completely passable and nearly completely clear. At post #590, on page 40 of this thread, there is a photograph of a sidewalk which nobody in his right mind would consider in non-compliance, but was nevertheless cited.

We were told at that time that bylaw enforcement was exercising zero discretion, and were issuing citations to property owners who the director of bylaw enforcement stated had done "fantastic jobs."

While this was happening, bylaw enforcement was commenting on the volume of complaints being overwhelming, and sidewalks about which the public had complained for being uncleared were not being investigated.

Property owners justifiably complained about receiving citations for sidewalks which were nearly completely cleared.

At some point since then, council and bylaw enforcement, without communicating with the public at all that I can tell, directed staff to change the standards they applied, and issue a notice only when a sidewalk is "not passable." Their enforcement of the bylaw now seems completely divorced from the language of the bylaw, which states that sidewalks must be free of snow and ice within 24 hours. The new standard being used does not take into account how much time has passed since the last snowfall. It does not require a sidewalk to be clear.

The new enforcement is now clearly designed to avoid issuing notices to property owners. There is no indication that any consideration to mobility was taken in developing the new standard. Staff at the call centre continue to take complaints, with no knowledge of what bylaw enforcement consists of.

In short: Bylaw enforcement failed to get the balance right. They went from enforcing to the letter of the bylaw at the expense of investigating complaints about properties that had caused actual mobility challenges, to effectively ignoring complaints of mobility challenges and applying a standard that has nothing to do with mobility and everything to do with not angering property owners who do not clear their sidewalks.

With the weather that we have had over the past 6 weeks or so, it's doubtful that there could be any concrete solution. But I do agree that the city going from A to Z within a short period of time wasn't the correct way of doing things.

You do have to wonder whether (pardon the pun) staff was going through this forum as a sounding ground.

Moving forward, I don't envy either bylaw or council, as this issue is going to be impossible to fix, at least without a lot of money. However, they could extend the snowblower program, to see how that works. Though I really think everyone is out of ideas, as it seems that the city doing it won't move forward (and if it did, same level of complaints).