City order to clean up yard infuriates homeowner

Workers enter yard to cut grass and trim weeds

A controversial bylaw that allows City employees to enter private property to cut grass and remove weeds has left one Elmwood resident wondering why he is being told how to care for his private property.

On June 27, Robert Dyck, who lives on Dearborn Avenue, received his first courtesy weed notice.

The small stub of paper ordered Dyck to cut his backyard lawn and weed the small flower garden at the side of his house or the City would come and do it, charging him a minimum of $65.

The notice stated it was quack grass, dandelions and thistles that were the problem in Dyck’s backyard, which is surrounded by a six-foot fence.

Dyck, who said he cut his lawn only 10 days before, was furious that someone else was dictating what he could do on his property.

“The City has no business telling people what they can do in their own backyards,” said Dyck, who has owned his house for 17 years.

Dyck decided to disobey the City’s request, and three days later a City employee came and started clearing weeds in his yard.

Dyck confronted the employee and ordered him off his property, but not before a section of his yard, including some of his rhubarb patch, was cut.

“I’m shocked to find out that a bylaw allows this,” said Dyck. “Why do they think they can create a bylaw to dictate how I care for my lawn?”

Dyck said homeowners should be able to decide for themselves what they want their backyards to look like – even if it means long grass, or native vegetation.

Since the City employee left his yard, Dyck has mowed his lawn and sent an e-mail to Coun. Lillian Thomas (Elmwood – East Kildonan).

Coun. Thomas was on vacation and unavailable for comment.

City workers haven’t returned to Dyck’s yard since the incident.

Coun. Harvey Smith (Daniel McIntyre), who has been a vocal critic of run-down lots and absentee landlords, said it’s a property owner’s responsibility to maintain their yards.

“It reflects on the whole neighbourhood. He has neighbours, he has a community he lives in, he has a responsibility,” said Smith, adding that owners should still be able to landscape and grow plants according to their taste.

Smith said citizens should never ignore bylaws they don’t agree with, comparing it to ignoring speed limits.

“We can’t have individuals taking the law on themselves,” said Smith, adding that people should contact their city councillor or make a presentation at their local community committee when they disagree with a bylaw.

Jeff Swereda, co-ordinator of pest management for the City, said the bylaw is rooted in the provincial Noxious Weeds Act. The Act lists hundreds of weeds that must be removed from City lots, but quack grass, dandelions and thistles are the most common, said Swereda.

He said most complaints are filed by citizens, although the City does do some proactive maintenance.

A City employee then inspects the property and, if there is a weed presence, leaves a courtesy weed notice.

Swereda said the City is only legally required to remind Winnipeggers about yard upkeep in newspapers at the beginning of the summer, and that the weed notice is “over and above” the City’s obligations.

After the notice, owners have three days to comply or City employees will do the job for them.

The land owner will later be billed a minimum of $65, a fee that can be higher for larger jobs, but usually isn’t for small residential lots, said Swereda.

If the bill isn’t paid, the owner may be fined up to $500 and/or be sentenced to one year in prison, although that is unlikely.