Raise the Hammer

By-laws are typically enforced by complaint, as fans of built heritage are well aware.

Q: What does the By-law say?

A: The City Of Hamilton’s By-law requires that homeowners, tenants and businesses clear snow and ice from walkways, stairs, entrances and all City sidewalks adjacent to their property within 24 hours of a snowfall. The By-law also requires that residents and businesses remove the snow and ice that builds up on roofs or eaves that overhang sidewalks for the safety of persons passing.

Q: Why does the City have By-laws regarding snow and ice removal?

A: It is important that pedestrians have a safe place to walk and there is enough room to allow for wheelchairs, power chairs and strollers. Remember if you have a neighbour who is unable to clear their snow and ice – lend them a hand.

Q: Where can I put snow and ice?

A: It is more important to note where you cannot place snow and ice. Snow and ice cannot be placed near a fire hydrant, where it would block access, beside a traveled portion of road, boulevard or anywhere that would block a drain or sewer. When ice is difficult to remove applying gravel, salt, clay kitty litter or sand can help.

Q: What happens if I don’t remove snow and ice?

A: Failure to remove snow and ice may result in the following actions being taken by the City:
•A "Notice to Comply" issued (A Notice to Comply is a document provided to the property owner/occupant that gives direction on what actions need to be taken in order to comply with the By-law).
•Charges being laid under the Provincial Offences Act, which provide for a maximum fine(s) of $5000.00, in addition to other court proceedings necessary to obtain compliance.
•The City performing the required work at the property owners expense, with all costs being added to the property taxes.
•"Fee for Inspection" charge added to the property taxes.

Repeat offences will be treated more harshly. Usually with the first complaint of the season, officers will educate the property owner about the By-law and issue an Notice to Comply, if appropriate. If compliance is not met immediately, the officer will take the appropriate action, which could mean any or a combination of the above charges and fees.


Q: What if I’m not physically able to clear my snow and ice?

A: If you have neighbours or family who are able to shovel ask if they can give you a hand. The City of Hamilton also offers Community Assistance Programs such as Helping Hands and Snow Angels aimed at helping seniors and disabled persons with snow and ice removal. Helping Hands provides a variety of home support services that includes snow shoveling for senior citizens and disabled citizens on a limited income. To contact Helping Hands, please call 905-546-3057. To contact Snow Angels, please call 905-523-1910 or visit them online at www.snowangels.ca. Please note that these programs are not responsible for removal of snow and ice within 24 hours of a snowfall; it is the property owners/occupant's responsibility to ensure snow and ice are removed.

Q: Who do I contact if I want to make a complaint about snow and ice that has not been removed after 24 hours of a snowfall?

A: If you would like to register a complaint about the Snow and Ice Removal By-law, please contact the Municipal Law Enforcement Section at 905-546-2782 (Option #1), Monday - Friday, 8:30 am to 4:30 pm or 905-546-CITY(2489) after business hours.

http://www.hamilton.ca/Help/City+of+Hamilton+FAQs/SnowRemovalBylawFAQs/


Should you consider legal recourse:

http://www.bcbarristers.com/en-US/post/Slip-and-Fall-Injury-on-Ice-and-Snow-3e-Ontario-Summary-Judgment-Motion-Denied.aspx