Aurora council wrestles with encroachment issue

YorkRegion.com
May 21, 2015
Teresa Latchford

Without a proper enforcement policy, some councillors insist the town’s encroachment bylaw is all bark, no bite.

Five years ago, Terry Kawar, a resident in the Orchard Heights area, approached the town for permission to plant a cedar hedge on his corner property, he told council during a general committee meeting this week.

Kawar claims to have received verbal permission from a member of staff in the town’s forestry department, so he went ahead.

In 2011, a complaint about the hedge obstructing motorists’ view at a nearby intersection prompted bylaw officers to order a reduction in height of the hedge, to which Kawar complied.

Last year, Kawar complained about snow piled on his hedge by the town when it cleared the nearby catch basin. When the town responded to the complaint, it was decided the hedge was on town property.

The town sent Kawar a notice of the encroachment bylaw infraction and the clerk’s office offered him $1,000 to help him move the hedge. He applied for an encroachment agreement, which town staff recommended against.

“I’m frustrated and puzzled,” Kawar said. “I’m just asking for the town to honour its previous approval. How is a citizen supposed to know who is authorized to give permission or not?”

Councillor Sandra Humfryes said she lives in the area and passes his house every day. She doesn’t see a problem with the hedge and treats the intersection as she does any other, stop and inch forward, proceeding with caution.

“I know we have encroachment rules but (the hedge) has been here for five years,” she said. “I don’t think we should make an example of this resident.”

She is concerned the town didn’t find this an issue until a resident made a complaint, adding there needs to be a better way to handle encroachment issues.

Councillor Paul Pirri admitted the town could have worked better with the resident but can’t, in good conscious, allow the hedge to remain on the property since there is a safety issue.

“If there was ever an accident due to sight issues at this intersection, I would feel personally responsible,” he added. “If something is wrong, it doesn’t matter how much time has gone past, it is wrong.”

Councillor John Abel doesn’t understand how this hasn’t already been dealt with and feels that if a bylaw officer can find a parked car to ticket at night, he should be able to find encroachment issues that need to be dealt with.

Mayor Geoff Dawe said the town has an obligation to protect its own property and uphold the bylaws it has put in place to do so.

Councillor Jeff Thom pointed out staff estimates there are 3,700 homes in town with some form of encroachment non-compliance, adding there should be a set policy to deal with these issues.

“We have already been talking about this for an hour and 15 minutes,” he said. “Times that by 3,700 and is that really the best use of our time?”

Humfryes also pointed out compensation should not be the norm as it could end up being a line item in next year’s budget.

Town solicitor Warren Mar informed council a policy to deal with such issues is in the works and staff hope to have it finalized by this fall.

Pending final approval at next week’s council meeting, council will refuse to enter into an encroachment agreement that would allow Kawar to keep his hedge where it stands but will also direct staff to assist the resident in complying.

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