Canada

Convenience or liability? Neighbors at odds over personal touches on public land

It’s either a convenience or a liability, depending on who you ask on a seemingly quiet street in Ottawa’s New Edinburgh neighborhood, but a pair of Muskoka chairs, two wooden play structures, a Little Free Library and a few holiday lights are causing tension between neighbors.

Chris Straka began adding what he calls “public space beautification” even before the pandemic — a Little Free Library on a pole, two Muskoka chairs and a wooden horse and unicorn for kids to play on.

Then some neighbors got together to put holiday lights on three trees in the small strip of land bordered by Dufferin Road, Stanley Avenue and River Lane last year.

This year, they did the same, using an extension cord that Straka had connected to his home.

“The tradition of holiday lights on the streets of old New Edinburg brings light and brings joy,” he said.

Ottawa Bylaw Services then received a complaint in December, and on Wednesday, Straka was given 48 hours to take down the decor or face a $615 fine.

Straka says two Ottawa law enforcement officers showed up at his door Wednesday night to give him a $615 trespass notice and 48 hours to remove the items from the space across the driveway from his house. (Submitted by Chris Straka)

“It’s ridiculous. We’re doing what we can to create a nice neighborhood for the kids,” said Christian Hanson, whose house borders the alley and is part of a group of parents who call themselves “the boys (or girls) on the canvas.”

“We spent 30 hours putting the Christmas lights on the lane and taking them down because someone has a grudge and doesn’t want to call us and use the bylaw as their personal lap dog.”

David Paiman, who lives across the alley from the strip of land, agreed.

“All we’ve tried to do is improve our community by donating our time and resources to create a better public space,” he said.

“I think it’s a shame that someone would go out of their way to complain at Christmas time when all we’re trying to do is spread a little Christmas cheer.”

Some see it differently

Still, some neighbors told the CBC they see the decor differently.

In an email to the CBC, Roger Chapman, the city’s director of bylaw and regulatory services, said officials received a complaint that someone had “extended their private garden in Stanley Park.”

“To a certain extent, you know, I think a few chairs aren’t particularly harmful, they’re actually kind of nice,” Ann Davis said.

“On the other hand, I think there are laws and, you know, I can’t put chairs in the park. So in a sense why should anyone be allowed to put chairs [in that area]?”

Neighbors have mixed feelings about this holiday decoration

Some neighbors are at loggerheads over whether some holiday lights and other decorations should remain on a pocket of state land in New Edinburg.

Gose Bruinsma said he has heard from neighbors who are angry because they feel the park is being used as an extension of someone’s private yard.

“It’s kind of the thin edge of the wedge if everyone does whatever they want on city property,” Bruinsma said.

He also believes the city could be held liable if someone was injured using any of the private items on public land.

“The flip side, of course, is that if everybody puts whatever they want on city property, the neighborhoods are likely to get pretty chaotic,” he said.

The ticket has been cancelled

Straka told the CBC Friday night that they don’t plan to take down the lights or remove the other items anytime soon.

Still, it appears that the jurisdictional challenge may have bought him some time.

Near the end of the 48-hour deadline, the city told CBC it had determined the land was indeed owned by the National Capital Commission (NCC) and the complaint would be referred to them.

The NCC told the CBC it is aware of a complaint about the area and is awaiting a referral from Ottawa’s bylaw department.

Bylaw officers say the lights, the Muskoka chairs and the wooden unicorn and horse are considered trespasses. However, the notice was quashed and referred to the NCS instead. (Michelle Aspiro/CBC)