Proposed Boulevard Bylaw To Be Tweaked Before Coming Back To Council
It's a bylaw which hasn't been updated in 28 years but now the Boulevard Bylaw is up for some further fine tuning after Council expressed some reservations about what Administration was proposing.
In questioning from Councillor Brian Swanson at the February 24th regular Council meeting Administration was asked if changes had been made to the proposed Boulevards Bylaw after Council expressed some concerns when it was initially introduced at the February 10th Executive Committee meeting.
“With respect to the Boulevard Bylaw the motion passed it was to be brought to Council. Are there going to be any changes incorporated into that before it comes back to Council?” Councillor Swanson asked, adding “I went up my block and I think I counted 15 properties that will be in non-compliance with the bylaw with respect to the issue I raised about boulevards being on the property side of the sidewalk.”
“I am just wondering are there going to be any changes or is that going to be brought to us as it was presented last week?” Councillor Swanson asked.
Parks and recreation director Derek Blais said there will be changes forthcoming.
“We are going to be proceeding with the advertising portion of that so it will be going through the public notice portion over the next few weeks. And yes there will be changes and we have reviewed the comments from Executive and the feedback from the Executive Committee. So yes there will be changes to the bylaw before it comes back to City Council,” Blais said.
The proposed updated Boulevards Bylaw defines adjacent property owners responsible for boulevard maintenance and addresses the issue of property owners modifying boulevards near their property. Modifications have included installing retaining walls, fences and hedges on municipal owned boulevards with out permission from the City.
Concerns Raised At February 10th Executive Committee
During the discussion Councillor Swanson raised to key issues surrounding the proposed updated Boulevard Bylaw – properties with the boulevard on the property side of the boulevard and the ability for bylaw officers to enter private property without permission.
“We may be making a bunch of property owners non-compliant in doing that,” Councillor Swanson said at the previous Executive Committee meeting.
Regarding bylaw enforcement officers entering properties without an owner's permission other bylaws allow for that with director of planning Michelle Samson stating the City may return with a warrant if the event a property owner turned them away.
Proposed Changes
There are 18 proposed changes to the bylaw.
Updated definition of a boulevars. “Boulevard” means that portion of a street between the curb line or the lateral lines of a street and the abutting property line exclusive of the sidewalk, as well as areas from the property line to any adjacent multi-use trail or walkway not within a designated park area.
Updated definition of what is a private tree. “Private tree” means any tree with more than 50% of the main tree trunk growing on all lands within the municipal boundaries of the City that are not City Lands.
Updated definition of public tree. “Public tree” means any tree with 50% or more of the main tree trunk on areas or lands within the municipal boundaries of the City that are City Lands.
Property owners will now be required to trim and maintain any tree they own which overhangs any boulevard.
Added definition of City lands “City lands” means all areas or lands within the municipal boundaries of the City that are under the care, management, or jurisdiction of the City and/or that are vested in, owned or held by the City.
Added definition of working day. “Working day” means a day other than Saturday, Sunday or statutory or generally followed holiday in Moose Jaw, Saskatchewan.
Added definition of private crossing to Section 3. “Private crossing” means a crossing constructed by a private owner which crosses a City sidewalk or boulevard and is regulated in Bylaw No. 4425, a Bylaw of the City of Moose Jaw which provides for the construction of private crossings and the regulation and control of the same.
Removed sectioms of the current Bylaw regarding reconstruction of a boulevard. Reconstruction process falls under the new Local Improvement Program Policy adopted by the City.
Added a list of items and materials that are not permitted on the boulevard (Weeds, refuse and litter; hazardous objects or materials; domestic animal excrement; rubbish, building materials or other debris; holes, ruts and excavations that are actual or potential health, fire or safety hazards; anything that would attract or harbour nuisance rodents or insects; abandoned machinery, equipment or other items; and graffiti).
The new Bylaw allows the Director to issue a permit for any non-standard boulevard treatment that falls within the provisions of the Bylaw.
Modified the sightline triangles diagram to ensure clarity and consistency throughout the City. The new diagram makes it clear that sightline triangles are measured from the curb and standardizes the sightlines around alleys. The updated diagram also conforms with the parking site line triangles in the Traffic Bylaw.
Added a requirement for owners to keep private trees trimmed above sidewalks and streets and in sightline triangles.
Explicitly states that property owners are responsible for maintenance of the boulevard and any vegetation, structures or other improvements on it other than trees, which are the sole responsibility of the City.
Allows the City to disturb an existing boulevard treatment without notice in emergency situations or for service connection replacements, but in scheduled work will provide notice at least four (4) working days in advance. It also states that the City will not be responsible for any repairs or replacements of boulevard treatments other than topsoil and grass which is the current practice. This clarifies the risk taken by a property owner when installing a boulevard treatment and that if it needs to be removed for emergency work, the City will not replace it. The City will restore the boulevard to its original state.
Removed the fifteen (15) day period for adjacent property owners to submit written concerns as laid in the existing Bylaw but kept the requirement to notify owners of adjacent properties that an application has been approved.
Moved all enforcement powers to Bylaw Enforcement. The Director of Parks and Recreation and City Council are currently given enforcement powers.
Increased the maximum fine amounts to align with other City bylaws.
Creates a standardized Boulevard Treatment Permit Form.
Other Initiatives Re Bordering Residents Properties
The City recently changed its enforcement policy regarding encroachment on City owned properties from a complaints driven to a proactive enforcement model.
The City is at the present time writing and going thtough a public education phase in hopes residents will vouluntarily comply without enforcement action. Encroachment will be handled through the provisions of the Miscellaneous Bylaw.
“The encroachment issues being referred to fall under Section 17 of the City’s Miscellaneous Bylaw which states, “No person shall cultivate, plow or cut up or do anything whatsoever to any street or other public place in the City without permission from the Council of the City.” We should also clarify that there is no new policy on the enforcement of encroachments on City-owned property,” the City’s communications ditector Craig Hemmingway wrote in response to emailed questions.
The motion passed at the Dec. 9 City Council meeting on this matter stated: THAT City Administration proceed with public education regarding encroachments on City-owned or controlled lands.
In documents obtained under the Freedom Of Information Act (FOI) by MJ Independent the upcoming change in enforcement is was discussed in at least one in-camera or closed door meeting with gardens,shrubs and flower beds likely part of that public free discussion.
City Provides Clarification
In written responses to questions from MJ Independent Hemmingway wrote the changes to the Boulevard Bylaw does not include backlanes or alleyways.
“Back alleys are not covered under the Boulevard Bylaw. (old and new) There is typically no boulevard/buffer between an alley and private property line. The definition of a City Boulevard is: the portion of a street between the curb line or the lateral lines of a street and the abutting property line exclusive of the sidewalk, as well as areas from the property line to any adjacent multi-use trail or walkway not within a designated park area,” Hemmingway wrote.. “Back alleys are not included in the Boulevard Bylaw. (old and new).”
Asked regarding the proposed changes he wrote the City must approve any alterations or treatments to boulevards.
“All boulevard treatments or construction of private property on City owned property requires City approval. Failure to obtain approval may result in Bylaw enforcement measures as per the applicable Bylaw contravention.”
After the new bylaw is passed any changes to boulevards by residents would require a City issued permit. The price of the permit is free.
“Under the proposed Boulevard Bylaw, City boulevard modifications require a permit which is free of charge and must adhere to the provisions of the Bylaw,” Hemmingway wrote. “The City would consider the severity of the infraction when looking at enforcement options. One of the most effective tools for minor infractions is public education and issues can often be resolved with a friendly letter advising homeowners of the regulations and why we have them.”
Asked about existing boulevard upgrades and the possibility of grandfathering them Hemmingway said the City would be clarifying the wording of the proposed bylaw in that area.
“The intent is that all new provisions would take effect upon the passing of the new Bylaw as Section 4. (5) of the proposed bylaw states that any changes to the boulevard treatment process will only come into effect after the passing of this Bylaw. We will review the wording regarding grandfathering provisions to improve clarity prior to taking the Bylaw for final passing.”
Have Your Say
Public Notice will be provided regarding the Boulevard Bylaw changes and copy of the proposed Bylaw may be viewed by any interested person during regular business hours at the Parks and Recreation Department, 4th Floor City Hall, 228 Main Street North, or under the “news” section at www.moosejaw.ca, from March 4th, 2020 to March 23rd, 2020.
The proposed Bylaw and any submissions regarding the proposed Bylaw will be considered at the regular meeting of City Council to be held in Council Chambers, City Hall, at 5:30 p.m. on Monday, March 23rd, 2020.