HomeMy WebLinkAboutCSD-15-031 - Neighbourhood Property Standards Compliance Staff Report
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REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: June 15, 2015
SUBMITTED BY: Shayne Turner, Director of By-law Enforcement, 519-741-2200,
ext. 7753
PREPARED BY: Shayne Turner, Director of By-law Enforcement, 519-741-2200,
ext. 7753
WARD(S) INVOLVED: All
DATE OF REPORT: June 2, 2015
REPORT NO.: CSD-15-031
SUBJECT: NEIGHBOURHOOD PROPERTY STANDARDS COMPLIANCE
RECOMMENDATION:
That staff proceed with the action items relating to the neighbourhood property
standards compliance strategy, as outlined in Report CSD-15-031.
BACKGROUND:
The By-law Enforcement Division has identified a desire to review the authorities and
processes currently in place relating to how by-law enforcement concerns are
addressed in residential neighbourhoods, with a particular focus on property standards
by-laws. This initiative will also include an exercise to identify processes not currently in
place, that may align with the City's objectives of supporting safe and thriving
neighbourhoods.
Further, a Compass Kitchener Community Priorities report was presented to Council in
the fall of 2014. One of the areas of focus that was identified through their public
engagement process was a desire to "improve the enforcement of City by-laws,
particularly property maintenance standards". This public feedback is in strong
alignment with feedback staff has received on a number of occasions from members of
City Council.
REPORT:
In broad terms, the objectives of this project, which is included in the 2015-16 business
plan, are to:
1. Ensure the core services and businesses processes of the By-law Enforcement
Division are positioned to more effectively address the needs of neighbourhoods;
and
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2. Allow for greater flexibility for By-law Enforcement staff to adapt their response to
specific situations based on the variety of circumstances that can arise within our
neighbourhoods and between neighbours.
With regard to the first noted objective, to use a simple analogy of tools in a toolbox,
staff's review will look at the adequacy of current processes (or tools) to determine
which are still relevant, which may require changes and which may no longer be
appropriate. Further, and just as important, staff will undertake a review of business
processes available in other municipalities that may have relevance in the City of
Kitchener and may support great compliance with the city's bylaws.
With regard to the second objective noted above, staff realize that concerns have been
raised previously with regard to the timelines involved when conducting investigations
and achieving compliance. In other words, "the process takes too long". Staff will be
looking at ways to address this concern when the situation warrants it. On this point, it
is important to remember that while there are many opportunities to provide greater
flexibility in how we are enforcing bylaws, staff are required to comply with a variety of
legislation and court processes, over which they have little or no control, and which may
negatively impact compliance timelines.
Some of the areas of focus for this project include-
1. A review of the Property Standards By-law, Chapter 665, with recommendations
for changes to meet current neighbourhood needs;
2. Public awareness methods to clearly articulate what the municipality has
jurisdiction over and to outline expectations in terms of process and timing;
3. The ability to initiate legal action, when necessary, within shorter timeframes, (ie.
increased ability to issue fines through the ticketing process, where this does not
currently exist);
4. Determining where fees for inspections (where non-compliance exists) may be
appropriate for a variety of by-laws;
5. An increased emphasis on the use of alternative dispute resolution methods,
such as mediation, to help resolve neighbourhood disputes, where appropriate;
and,
6. Providing input to the Planning Division, via the comprehensive Zoning By-law
review, with regard to emerging issues within residential areas.
The process currently underway related to this project will include a public engagement
component that will seek input from a variety of sources within our residential
neighbourhoods.
On the other side of this issue, staff are also aware of concerns expressed with regard
to some processes that may, at times, seem overly strict and inflexible, leaving little
room for a more mediated or negotiated approach when warranted.
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The comments outlined in this report highlight the need for processes that are flexible
and adaptable to the circumstances at hand, in order to deliver the most appropriate
response.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This project aligns with the Community priority of Quality of Life, as contained in the
City's Strategic Plan.
FINANCIAL IMPLICATIONS:
Staff do not foresee any significant financial impacts relating the current review process.
In the event that this project results in recommendations that may carry financial
implications, staff will ensure that the appropriate information is presented to Council for
careful consideration before implementation.
COMMUNITY ENGAGEMENT:
The focus of the community engagement process will focus on consultation. Some
discussions with neighbourhood contacts have begun (ie. in and around the Mill
Courtland Community Center. However, it should be noted that this is a "work in
progress" in terms of determining methods and audience. Staff will be receptive to
suggestions and direction with regard to this engagement process.
ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department
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