More than 50 dump trucks removed dirt from his yard. Now, he has to put them back

A Windsor man says the city has asked him to undo changes he made to his backyard, but he’s worried it will be a financial ruin That – and the deadline is approaching.

“It’s been extremely stressful,” said Robert Redmond.

The Fontainebleau resident purchased his home in 2019. A berm stood in her backyard – a high ground barrier almost like a hill – and at the rear of her property there was an adjacent cement wall to reduce the sound coming from the train tracks.

Noting that his immediate neighbors had modified structures decades earlier, Redmond did the same. During the pandemic years, he demolished the wall, which he said was “already shaking and therefore dangerous.”

“Then we removed the hill itself, which took about 52 dump trucks full of dirt,” he said.

The father of two said it cost him $6,700 but it was worth it to free up space for his children to play.

But soon after, Redmond said a neighbor called the city about it, who told him to put the berm back. Redmond said he was given a year to bring in an engineer specializing in sound to redesign the structure.

The 41-year-old man says he searched far and wide in Ontario to find the engineer but could not find him. Eventually, he said he was able to reach an engineer who was at the firm that designed the original berm 30 years ago. Redmond said the engineer said he could design a wooden fence that would meet the sound requirements offered by the original berm.

“Based on what the city told us, they said if we found an engineer who could come up with a solution, they would look into it. That’s what we did. And then we were shot down and they weren’t interested in hearing about it.”

‘It’s been a nightmare’

Redmond said the city “rejected” the solution and insisted that the berm be restored for safety in the event of a train derailment. But Redmond says it is a trainyard and trains never go that fast and even in the unlikely event of a derailment, “it’s not going to harm anything” in the surrounding area.

But the city of Windsor said in a statement its property standard bye-laws, Specific rules apply to sound barriers and berms.

“These existing barriers and berms, designed for sound attenuation and train protection, must be maintained in a safe, plumb and structurally sound condition unless otherwise designed,” the city said.

“Compliance with bylaws and rail safety requirements for residential developments near active rail tracks is mandatory for all residents, and any violations found are subject to enforcement action.”

‘No other option’ except Berm

Colin Novak teaches engineering at the University of Windsor and said he was part of acoustic Impact assessment 30 years ago.

He said the berms were installed to reduce noise and vibration and to act as a safety measure.

He said, “The requirement is to reduce the noise to a certain level that is considered acceptable… It does not mean that you will still not be able to hear that train. It just means that the level will be what is considered an acceptable level.”

“It’s likely that the noise has increased. It’s likely that even with the berm the levels will now be above those provincial guidelines if there is a significant increase in rail traffic.”

Novak was consulted by Redmond for alternative solutions.

He said noise barrier fences or concrete fences similar to the walls seen along highways like the EC Row Expressway could also work well in reducing noise.

“However, they don’t give you the added benefit of a safety buffer because the train could push that fence if it derails.”

Novak said there is “really no other option” other than a berm for that safety aspect.

“Along the railway line, the berm is standard and it’s a North American thing. It’s written into the noise and vibration guidelines in Ontario. But it’s written into it equally in all jurisdictions in Canada as well as the US”

‘This could destroy our family financially’

Redmond said that if his real estate attorney had told him from the beginning that he could not modify the berm and wall, he would not have gone down this path.

CBC reviewed communications to Redmond from the Law Society of Ontario, the body that regulates the legal profession in the province. The Law Society said it found that the lawyer failed to disclose information to Redmond and provided him with regulatory guidance to avoid future incidents.

But now, Redmond has To restore the berm by February 4, According to the city.

However, Redmond said, the city knows others are also not complying, only they are being penalized.

“The city said, OK, if you have any problems, call about them. We’re not going to throw our neighbors under the bus…that’s not fair.”

He said there is a work order against the ownership of their house, so they cannot sell or move. According to the estimate they received, the cost of reinstalling the berm could exceed $50,000.

He said he recently canceled His Disney membership is looking to cut costs and is now worried about paying potential penalties after the deadline.

He said, “We don’t know what to do. We obviously don’t have the money to do it. And this is not a small project. This is a huge undertaking.” “This could destroy our family financially.”

“We’re really stuck and we don’t know who to turn to for help… It’s been really hard for our family with this crisis looming over us that we don’t know what to do and we can’t really plan for the future.”