HomeMy WebLinkAboutCSD-11-009 - Amendment to Municipal Code Chapter 640 (Adequate Heat)REPORT TO:Community and Infrastructure Services Committee
DATE OF MEETING:
January 17, 2011
SUBMITTED BY: Jeff Willmer, Deputy CAO, Community Services
Department, Ext. 2325
PREPARED BY:
Shayne Turner, Director of By-law Enforcement, Ext 2753
WARD(S) INVOLVED:
All
DATE OF REPORT:
January 5, 2011
REPORT NO.:
CSD-11-009
SUBJECT:
AMENDMENT TO CHAPTER 640 (ADEQUATE HEAT)
RECOMMENDATION:
That a by-law be enacted to amend Chapter 640 (Adequate Heat) of the City of Kitchener
Municipal Code to authorize staff to undertake any work required to comply with the
provisions of Chapter 640 (Adequate Heat) when the owner fails to undertake the
required work as directed and to update the provisions of the By-law relating to powers
of entry.
BACKGROUND:
Chapter 640 (Adequate Heat) of the City of Kitchener’s Municipal Code requires that owners of
residential rental dwellings maintain a minimum temperature of 21 degrees Celsius (70 degrees
Fahrenheit) within the rental dwellings. The By-law includes provisions for staff to prosecute a
property owner who fails to comply with the By-law, but does not provide the authority for staff to
enter onto the property to undertake any work required to be done when the owner fails to do
so, when directed by staff. Staff are proposing an amendment to the Chapter to provide for
such authority.
REPORT:
The authority to enact an Adequate Heat By-law is contained in the Municipal Act and includes
the authority for staff to undertake any required work to ensure compliance with the By-law
when the person responsible fails to do so. All costs associated with staff’s actions can be
applied to the tax rolls for the property and collected in a like manner as taxes. This authority is
already contained, and used regularly by staff, in other by-laws they enforce, namely Property
Standards, Zoning and Lot Maintenance.
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This proposed provision should be viewed as another tool in staff’s tool box and will only be
used when any other available means of obtaining compliance are unsuccessful. It is aimed at
ensuring that staff have the ability to limit the amount of time that a tenant(s) may be adversely
affected by a lack of adequate heat in their dwelling. Staff will ensure that a property owner is
first provided with specific notification and any reasonable time to comply. If, for any reason, the
owner fails to undertake reasonable actions to comply or simply fails to respond to staff’s
notification at all, staff will have the ability to initiate actions within a short time frame.
Initiating a prosecution against a property owner often involves a period of time, during which
there is no guarantee that the affected tenants will be provided with the minimum heat levels
required.
The proposed amendment will limit the dollar value of the work to be undertaken at ten
thousand dollars ($10,000). If staff foresee that the required work may exceed this amount,
they will prepare a report to Council to seek appropriate direction to proceed. It is unlikely that
this would occur very often.
In addition, staff are recommending that the power of entry provisions in the By-law be updated
to reflect the current powers of entry authority in the Municipal Act, 2001. The existing power of
entry provision is based on provincial legislation that has been significantly revised over recent
years.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This proposed amendment supports the Community Priority of Quality of Life as well as the
Foundation of the Strategic Plan relating to Efficient and Effective Government.
FINANCIAL IMPLICATIONS:
All costs associated with the work required by the By-law will be added to the tax rolls of the
subject property.
COMMUNITY ENGAGEMENT:
In addition to this public report, information relating to this amendment will be posted on the
City’s web site.
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CONCLUSION:
It is staff’s position that the proposed amendment to Chapter 640 (Adequate Heat) is
appropriate, by providing the authority to undertake required work to ensure compliance with the
By-law, where the circumstances warrant such actions. This will serve as a means to limit the
adverse impact on tenants in a rental dwelling experiencing a lack of adequate heat.
ACKNOWLEDGED BY:
Jeff Willmer, Deputy CAO, Community Services Department
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