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Messy yard could result in quick fine

Council eyes stricter enforcement

By: Jen Skerritt

Posted: 03/12/2013 1:00 AM | Comments: 0

Winnipeg wants to speed up the time it takes to slap negligent property owners with a fine for leaving their yard covered in trash or their tenants in the cold.

On Monday, council's protection and community services committee voted to examine how Winnipeg could issue immediate fines to landlords and residents who neglect their properties. The idea was championed by Coun. Harvey Smith (Daniel McIntyre), who initially wanted to see Winnipeg crack down on landlords who do not provide adequate heat to tenants.

What are the rules?

Winnipeg's neighbourhood livability bylaw came into effect on Nov. 1, 2008. Here are a few things the bylaw stipulates:

Minimum heat: Residential dwellings must be no less than 21 C between 7 a.m. and 11 p.m. and no less than 18 C between 11 p.m. and 7 a.m.

Grass: Must be trimmed to a maximum length of 15 cm (six inches), unless property is zoned for agricultural grazing or cultivation.

Garbage: Must not accumulate on property and garbage that is eligible for removal must be stored in receptacles or plastic garbage bags that are protected from damage.

Exterior walls: Paint must be maintained so that no more than 25 per cent of any painted surface is blistered, cracked, flaked scaled or chalked away.

Spitting: A person must not spit in a public place except in a litter receptacle.

Peter de Graaf, manager of the city's bylaw enforcement department, called it a "great idea" and said the department also wants to see whether it could issue automatic fines to residents who violate other parts of Winnipeg's neighbourhood livability bylaw and leave garbage in their yard or let their grass get out of control.

Winnipeg's bylaw stipulates property owners must ensure their yard is well-kept and free from things such as garbage or debris and noxious weeds. Right now, bylaw enforcement officers respond to complaints received through 311 and try to work with the property owner to fix the problem within a certain time frame.

If owners don't comply, they will receive a notice to appear in court and a judge will determine the fine.

However, de Graaf said it takes between six and eight weeks for a first court appearance, and the court process could take six months to a year to resolve if someone pleads not guilty.

He said issuing automatic fines to homeowners or landlords who have made no effort to comply or are repeat offenders could deter them from neglecting their properties in the first place.

Winnipeg's public administration will review what the fines could be and report back to the committee in October.

"Sometimes we see jungles of grass, three feet (tall). That's clearly not acceptable and is gross negligence," de Graaf said.

Winnipeg passed a new neighbourhood livability bylaw in 2008 that gave officials more power to deal with residents who neglect their properties. Since then, officials have started to step up their enforcement efforts on repeat offenders who refuse to maintain their properties.

Last year, de Graaf said the city issued close to 500 common offence notices to appear in court for violating Winnipeg property standards -- up from about 50 in 2010.

The increased crackdown prompted a backlash last summer from Island Lakes resident Richard Hykawy, who challenged an order to mow the boulevard beside his home on the grounds it is akin to "slavery." The city added the cost of sending crews out to cut the grass and pull weeds to his annual property-tax bill.

Hykawy's case will go to trial later this year. Smith said issuing automatic fines for deficient property standards seems a lot more efficient than the current process, noting drivers caught for speeding get a ticket, not a warning. He has previously criticized landlords who violated the basic heat requirement for tenants, and he wants to see Winnipeg have a better ticketing system in place before next winter.

jen.skerritt@freepress.mb.ca

Republished from the Winnipeg Free Press print edition March 12, 2013 B1

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