Winnipegger whacked with mowing bill from city says long grass complaint 'doesn't make sense'

An East Elmwood homeowner is questioning the rationale behind a decision by city workers to mow his grass after someone complained it was too long.

City workers mowed Wayne Moody's front and back lawns and boulevard on Talbot Avenue last week after someone complained his grass exceeded maximum limits under the municipal neighbourhood livability bylaw — something he denies.

"If it's not unsightly, why are you doing it?" Moody said. "It just doesn't make sense to me."

Moody said he received a non-compliance letter in the mail from the city on June 11 or June 12. It stated a complaint had been made alleging his grass was longer than allowable heights of up to 15 centimetres, or six inches, and that he had until June 14 to respond or file an appeal. 

The city's complaint-based system for unruly lawns gives residents seven to 10 days after a warning to mow it down. If the homeowner doesn't do the mowing, city workers will do it and bill for the labour costs. The city can also take a homeowner to court.

Moody was confused, because he said he had just cut his lawn, including the boulevard, on May 27. He checked the lawn length when he got the notice and estimated it was about two inches, or five centimetres.

"So I just ignored it," he said.

LISTEN | East Elmwood resident questions timing of grass-cutting notice:

Information Radio - MB7:32East Elmwood resident questions timing of grass-cutting notice

Wayne Moody, a resident of East Elmwood, speaks with host Marcy Markusa about receiving a non-compliance notice from the city after already cutting his grass. He talks about confusion around the timeline, frustration with the lack of response, and missing the short window to appeal, a process he says feels unfair.

Then, on June 17, another notice arrived saying the city would be coming by the next day for an inspection. Moody said he called and emailed 311 but didn't hear back.

On June 18, Moody's alarm system went off. He could see on a home surveillance camera system that a city worker had entered his fenced-in backyard and had begun cutting his back lawn.

Moody said he spoke to the worker through the two-way speaker system, and they said they were there because of "a few high patches on the boulevard" that were too long.

"I asked ... 'Well, why are you in my backyard cutting my grass then?'" Moody told Information Radio host Marcy Markusa on Monday.

A portion of recorded video from his surveillance system showed a worker in a reflective vest weed-whacking his backyard.

WATCH | City worker weed whacking Moody's lawn June 18: 

RAW: City worker weed-whacks Wayne Moody's East Elmwood backyard lawn

16 hours ago

Duration 2:03

A city worker weed-whacks Wayne Moody's backyard law on June 18 in response to a complaint registered with the city he was told pertained to a few high patches on his boulevard in East Elmwood.

Moody maintains his back lawn was below the maximum allowable length.

"I don't know why they were in my backyard when they were complaining about the boulevard to start off with," said Moody. "It had all been cut already."

Residents can appeal a non-compliance order. Because Moody missed the deadline, he's expecting a $250 bill for city labour costs, plus an administration fee, to show up on his property taxes.

Coun. Janice Lukes (Waverley West), chair of the city's public works board, said she isn't aware of Moody's case but said it seems "odd." 

The grass in his backyard didn't appear that high, she said after viewing Moody's video.

"When I see that video and I see the person weed whacking the vegetation, which doesn't even look even knee height, I have to think that there was some sort of decision that was made that may not be accurate," Lukes told Information Radio on Tuesday.

"It doesn't look like a big issue compared to what are big issues out there."

Lukes said she has seen backyards reported with vegetation reaching up to six feet tall (ornamental grass or vegetation must be kept to one metre or 39 inches).

She emphasized that all yards, whether fenced or not, fall under the bylaw.

"Not all backyards have fences. Not all backyards have high fences. Not all front yards have fences — so it's a law related to the property itself — front, back, side," Lukes said.

"We live in an urban environment and we do require bylaws — not everyone agrees with them but it's part of the deal." 

LISTEN | Public works chair addresses mowing dispute:

Information Radio - MB11:04Public Works Chair on Backyard Mowing Dispute

Councillor Janice Lukes, chair of public works, speaks with host Marcy Markusa about an East Elmwood homeowner’s frustration after a city worker entered his backyard to cut the grass. Wayne Moody says he was caught off guard and now faces a bill. Lukes responds to his concerns and explains how the city enforces lawn bylaws.

Moody supports the bylaw, though he questions how it's been enforced in his case.

"I have no problem with people complaining if it's unsightly, but when you can obviously see from the pictures I've provided … it's not even unsightly," he said.

A spokesperson said the city is reviewing Moody's case.

"Generally speaking a bylaw enforcement officer would review a property between a time a complaint is received and issuing a non-compliance order," reads a statement from the city.

"There would need to be evidence of a bylaw infraction at the time of inspection for the order to be issued. The date shown on the order would typically be the date of inspection."

Lukes encouraged Moody to reach out to her office.

"I'll get to the bottom of this because that was kind of funky what was going on in the backyard in my opinion," Lukes said.