Downtown residents say generator left running all night breaches noise bylaws

Residents living near a downtown construction project say a trailer-sized generator left running around the clock is generating headaches in addition to electricity.

Moze Mossanen lives next to the site at Church and Richmond streets where real estate developer Madison Group is building a 45-storey building on the southwest corner of the intersection.

Mossanen said the generator appeared a few weeks ago and has been running 24 hours a day ever since, in violation of city noise bylaws.

"It's incredibly noisy and noticeable and it affects our sleep, our health, our well-being," Mossanen said in an interview.

"I'm unable to sleep at night unless I put earplugs in."

Another resident of Mossanen's building said a number of residents' associations from adjacent buildings, including the Indigo, the Co-Op, the Bentley and the Spire, have complained to the city and Coun. Chris Moise (Ward 13, Toronto Centre), whose ward includes the construction site.

Toronto noise bylaws stipulate that generators located on construction sites can only operate Monday to Friday between 7 a.m. and 7 p.m., and between 9 a.m. and 7 p.m. on Saturdays. 

Sound from construction equipment outside those hours is a violation, but residents say this hasn't stopped Madison Group from using the generator overnight.

City taking enforcement action, spokesperson says

A city spokesperson told CBC Toronto the site has not been granted a permit that would exempt it from the noise bylaws.

"The city has received complaints about the generator being operated at the corner of Richmond and Church," Ashika Theyyil said.

"The city continues to investigate this issue and take enforcement action. Since this is an active investigation, we are unable to provide additional information."

Moise's office confirmed it has passed on many noise complaints to city staff, but said it does "not direct city staff as to how to enforce the bylaw."

CBC Toronto reached out to Madison Group, but did not receive a response by deadline.

Mossanen said a bylaw officer working on the file and residents' associations in neighbouring buildings have met with Madison Group to discuss the noise concerns. He said the developer informed them Toronto Hydro has not hooked up power to the property and that the generator is necessary to keep the site's crane running.

Another resident said a representative of Madison Group told her the crane operator had told the developer the machine needs to be powered continuously.

In a statement, Toronto Hydro confirmed the site is currently without power and said it would be another three months until it's connected to the grid.

"As per our standard connections process, we have communicated an estimated date of electrification of June 2023 to Madison Group," Toronto Hydro told CBC in an email statement. "That work is currently on track."

Theyyil, the city spokesperson, wouldn't disclose whether Madison Group has been fined under the noise bylaw and, if so, how much.

However, the bylaw that prohibits sound from construction equipment or activity during prohibited time periods carries a fine of $500. 

Mossanen said the fines Madison Group faces for the bylaw infractions would have to be substantial enough for the developer to change its behaviour.