Property owners who fail to shovel sidewalk snow get cold shoulder in Vancouver's bylaw court

NOTE: This story was published on Nov. 20, 2019.

Outside one of the busiest small claims courtrooms in Vancouver, two dozen people trickledinto the waiting room Tuesday clutching matching white sheets of paper, all of them summoned because they didn't clear snow from their sidewalks months ago duringone of the coldest, snowiestFebruarys the city has seen in recent history.

They double checked their names on a liston a TV screen glowing blue, and found a place to watch the clock until hearings began at 9:30 a.m.

Some slouched on yellowed chairs and others leaned againstscuffed walls, waiting for the light besidethe door of Room 204 to turn from red togreen. Couples muttered over their court papers court summons calling them to appear atthis date and time and strangerscompared noticesbefore the papersdisappeared back into pockets and folded hands.

Bylaw courtis where Vancouver homeowners end up if they'recaught failingto shovel snow offsidewalks in front of their propertybefore 10 a.m. the day after a fresh snowfall.Hearings unfold on various Tuesday mornings at Robson Square Provincial Court between October and December.

All 244 property owners charged after the snowywinter of2019will be called here. They will be given a choice to either pay a fine, set a date for trial, orask to see their case file and come back another day.

Everyone in court Tuesday failed to shovel on Feb. 15 or 16 ofthis year,when most of Metro Vancouver saw three times the historical amount of snowfor the month.

Most agreed to the fine and left in three minutes or less.

Father and son Sam and JustinRai the formerwho owns an empty lot in Vancouver both receiveda pair ofbylaw infractions this year.They carpooled to courtTuesday.

JustinRaistoppedshort of using a colourful word unfit fora courtroom after heconfirmed their names on the TV list.

"They came for us, man," he said to his dad.

The city prosecutor, DonHowieson,was swarmed when hewalkedin, pulling a stack of files behind himon a trolley not unlike a bar cart.

Howieson,a silver-haired man dressed in a grey suit,tie and glasses, raised his voice to explainthe choices to the entire waiting room.

He saidanyone who did not take issue with the charge should pay the fine and move on. Those who felt theyhad a strong defence could ask to return for trial.

"I can tell you, these guys are pretty diligent and they keep good records,"Howiesonsaid, referring to city bylaw staff. The officers take photo evidence of the snowy sidewalks, which are included incity's prosecution file in court.

Insnow-shovelling disputes between the city and a homeowner,the city need onlyprove there was snow on the sidewalk in question past 10 a.m.Given the amplephoto evidence gathered by city staff, it's often difficult for a homeowner toargue.

Penalties range from a minimum of $250 for an owner-occupied houseto $400 for tenant-occupied properties and up to $800 for development lots.

On Tuesday, it was standing room only inside Room 204 by the time everyone squeezedinside. Half a dozen people hovered in the aisles and oneman was stuck holding the door open.

Justice LoriPlaterapologizedfor the squish.

TheRaiswent last.Bylaw officers found snow along the sidewalk in front of SamRai'svacant lot on Boundary Road. HetoldPlaterheshovelledat 7 a.m., but snow must have fallenagain before enforcement officers arrived.

Platerdidn't buy it.Raichose an$800fine because he said he doesn'thave the time for a trial.

"I can't sit there with a shovel all day," saidRai, 57. "I call it a cash grab. A lot of people only plead guilty because they don't have time to come [back]."

The property owner, and others,said theydidn't get a warning or explanation beforethey received a summons. A City of Vancouver statement said it does not have a warning policy for snow shovelling, but does make an effort to educate people about the rules.

Platerlistened to the owners'frustrations and politely ended the exchanges by thanking everyonefor appearing.

Proceedings needed to move along. There was still half a courtroom to get through.