City To Get Tough On Encroachment Issues
It is a problem Council may have discussed behind closed doors and now it is out in the open and if you happen to be using a City park to access your yard or growing a small flower bed on public land next to your house you can expect to be getting a letter from the City about it over the next little while.
At last evening’s meeting of Council the issue of public encroachment onto City own property was discussed as Council gave the go ahead to start a proactive approach from a complaints driven approach for those who encroach onto City lands.
The new policy will consist of first a public education campaign, then letters and finally followed by enforcement for those who persist in using City land for their own enjoyment. An encroachment refers to any portion of a building, structure, or other object which extends onto City property according to the report to Council.
Director of Planning Michelle Sanson said the issue of the public encroaching onto City owned property numbered into the hundreds and the City wanted to take a different approach to how it is handled.
Sanson said historically encroachment had been dealt with on a “complaints based basis but we want to do it on a pro-active basis.”
Three main types of encroachments were being looked at by Administration.
The first is people using public parks and other City land to access their properties and the damage such use can do to City owned land.
The second is legal laneways in the core industrial and commercial districts which were established for access to railway tracks and utility access but now that the tracks and utilities have been removed there are businesses utilizing the land and want to purchase it. The land will be sold in cases where it is no longer used for access.
The third is structures which includes permanent encroachments such as sheds, fences, driveways and buildings and temporary which includes parking Rvs, boats and other vehicles on City owned property and gardens.
For those with sheds, fences, driveways and buildings which encroach on City lands Sanson said “we are looking at leasing the land” but if the encroachment happens to be on legal right of way or municipal and public reserve lands the leasing approach cannot be used.
“There isn’t an option in some of those cases,” Sanson said.
Options in parkland where the City does not need vehicular access could be installing permanent barriers and planting trees to stop people from using City-owned property and causing damage to temporary barriers where City staff can open for access but all other unauthorized traffic cannot.
Councillor Dawn Luhning asked “any idea or estimate on how many encroachments there are in the city?”
Sanson replied “we are looking at hundreds for sure.”
Damage to City owned land will be at the top of the priority list Sanson said.
“Those will be at the top of our priority list…start at the higher damaged areas,” she said.
The report from the City included four attachments, including a sample encroachment agreement, and three examples which were all not released to the public as they contained third party information and thus were exempt from public distribution under the The Local Authority Freedom of Information and Protection of Privacy Act.
In the public interest MJ Independent will be submitting an FOI to acquire these documents as they were used by Council in deciding a new approach on a change in policy and as such should be released to the public.
“We are looking at voluntary compliance,” city manager Jim Puffalt said adding "it is important over the Winter and early Spring to get voluntary compliance.”
Councillor Brian Swanson said he was opposed to Council passing a motion on the issue moving to a pro-active approach as the City already had the available tools it needed at hand to enforce encroachment onto public lands.
“All the rules are in place for this. I really do not understand why we have to deal with this…I don’t quite understand this process,” Councillor Swanson said.
He used the example of how in the past the City had to tell people not to have a potato patch on public lands and how such things as growing a few flowers actually upgraded publicly owned lands.
Mayor Fraser Tolmie said although there had been discussions on the issue in the past this was “a public warning.”
“This is a fair way to communitcate to the community we are moving ahead with this,” Mayor Tolmie stated.
Councillor Heather Eby said she “never knew it was so widespread” and in some areas the damage done to City owned property was substantial.
Councillor Crystal Froese said she agreed with the new approach being proposed.
“I had no idea how significant and widespread this is in our city,” Councillor Froese said adding she felt when told about the issue most residents would like to comply.
In a vote of 5 -1 with Councillor Swanson opposed the pro-active approach towards encroachment on City-owned property was adopted. Councillor Chris Warren was absent.