WHAT HAPPENED?
It all started with a broken fence, a frustrated neighbour, and a confusing bylaw. An individual contacted the Ombudsman’s office with concerns regarding her neighbour’s fence. She included pictures and the fence mirrored that of a hockey player’s smile—there were more missing planks than those still standing. It was clear the fence was in disrepair, but what was not clear was who was responsible for fixing it. The City told the individual that it does not get involved in private fence disputes; however, the City’s bylaw was confusing.
WHAT DID THE OMBUDSMAN’S OFFICE DO?
The investigator met with the City and accepted its position that it cannot get involved in private fence disputes between neighbours because the City:
• cannot determine who owns the fence when it borders two private properties; and
• does not have the resources to police the issue.
While the explanation was reasonable, the investigator raised concerns about the lack of clarity in the bylaw.
WHAT WAS THE OUTCOME?
After discussing the matter with our office, the City acknowledged the bylaw was confusing and agreed to address the concerns in the next scheduled review. The City also provided a lot more information to the individual explaining why it could not enforce the matter and the other options that were available to her.
WHY DOES IT MATTER?
Often, intervention from the Ombudsman’s office leads to a better process for the next person. These types of complaints allow our office the opportunity to review a bylaw and make suggestions for a more administratively fair process.
