Yard-related bylaw charges skyrocket
Couch on the porch, plants that exceed 21 centimetres are both city bylaw violations
Margie Newman says the only living things that can peer into her snug North End backyard are chirping birds and rollicking squirrels.
And, as she recently learned, a Hamilton bylaw officer. Newman was handed an order from the bylaw department on March 25 after an officer snooped into her Strachan Street East property and cited her for several yard-related infractions.
There was a green bin on her front porch instead of at the rear of her home, the order read, and a garbage bag placed atop a blue Muskoka chair in her backyard instead of in a container.
Newman admits as much.
She says the green bin was on her porch because she keeps it there in the winter — the side of her home, narrow and short, often fills up with snow — while the loose garbage bag was in the backyard because “nobody can see into it.”
“I shouldn’t even have to justify that because it’s in a place where nobody can see,” Newman said, adding there was only a rag and shower curtain in the bag, both
destined for the following week’s waste pickup.
Newman is one of many Hamiltonians facing yard-related bylaw charges, which soared to 1,568 in 2021 from 1,158 in 2020 and 197 in 2019. That’s an increase of close to 700 per cent in two years.
The city wouldn’t say exactly what is behind the trend, besides an increase in resident calls.
In the case of Newman’s yard, city spokesperson Michelle Shantz said in a statement that the officer was acting on a complaint — but what that complaint said or whether it came from a neighbour, Shantz wouldn’t say.
That answer does little to ease Newman’s frustration. She believes the inspection of her small backyard was an invasion of her privacy — one that prompted her to buy a lock for her back gate for the first time in 17 years.
“If there was a complaint about my green bin, why did they see it fit to enter my property to make their assessment?” she said. “That’s the thing that annoys me the most. I feel violated.”
According to the Municipal Act, bylaw officers have the authority to enter anyone’s land at any time without a warrant — insofar as the purpose is to investigate alleged infractions, seize evidence or determine compliance with orders.
They can also, under city yard-maintenance rules, ticket for things that to some might seem outlandish.
For instance, Hamilton residents cannot have:
■ A comfy couch on their front porch;
■ Plants that exceed 21 centimetres;
■ More than two compost heaps on their property;
■ Waste that isn’t kept in containers made of “rigid, watertight construction”;
■ And waste kept anywhere but in their backyard and against a structure or a fence.
These are all infractions that could result in a hefty fine from bylaw.
Of all yard-related charges last year, nearly two-thirds came from four lower-city wards that harbour far less green space than suburban or rural neighbourhoods:
■ Ward 1: 445 charges;
■ Ward 2: 122 charges;
■ Ward 3: 322 charges;
■ Ward 4: 116 charges;
■ Ward 5 through 15, combined: 563.
That discrepancy doesn’t come as a surprise to Coun. Maureen Wilson, whose ward had the largest share of yard-maintenance charges in 2021 at 445. She said the makeup of Ward 1 is such that many homes are occupied by students and owned by absentee landlords.
“But it’s the responsibility of the owners of the property, not the students” to heed bylaw orders, she said, adding lack of response from landlords leads to noncompliance tickets. Her office often hears complaints about unkempt yards, garbage buildup, vermin and long grass.
“Long grass may seem trivial, but it does harbour noxious weeds and invasive species,” she said.
While it’s unclear in the memo how many of last year’s yard-maintenance charges stemmed from complaints, bylaw officers have the liberty to conduct “proactive” investigations, which essentially means they have the right of entry to your property if they see fit, according to the Municipal Act.
For example, it’s possible a resident calls bylaw to complain about a neighbour who keeps their garbage bin on the driveway all week, stinking up the area. But when an officer responds, they have the right to investigate the entire property, leading to an order that could extend beyond the garbage bin and include other infractions like discarded wood or cardboard in the backyard — like what happened to Newman.
Fines for yard-maintenance violations can also fluctuate based on what the infraction is and how it was investigated.
You can be handed a $95 “administrative penalty” if you didn’t comply with an order requiring your porch to be cleaned of debris. But, if an officer conducts a “proactive” probe of your entire property and finds other violations, you can also be given a separate, $349 ticket as a “fee for service” — even if you didn’t consent to that service. Additionally, “if the violations were not corrected and a contractor was requested to attend the property, the property owner would be responsible for the fees associated with bringing the property into compliance,” said city spokesperson Shantz.
For Newman — who complied with the order and avoided a fine — all of this points to a “dictatorial, unfair system.” If she has neighbours with garbage bins on their front porches or loose waste in their backyards, but no one called to complain about them, shouldn’t the same standard apply to her?
“It’s a very unfair system that makes you feel targeted,” she said. “It might be legal to enter my backyard, but it’s certainly not acceptable. It’s dictatorial and demeaning.”