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HomeMy WebLinkAboutCSD-17-060 - Neighbourhood Property Standards Compliance Review and Proactive By-law Enforcement REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: June 12, 2017 SUBMITTED BY: Gloria MacNeil, Director of By-law Enforcement, 519-741-2200, ext. 7952 PREPARED BY: Gloria MacNeil, Director of By-law Enforcement, 519-741-2200, ext. 7952 WARD(S) INVOLVED: All DATE OF REPORT: May 24, 2017 REPORT NO.: CSD-17-060 SUBJECT: NEIGHBOURHOOD PROPERTY STANDARDS COMPLIANCE REVIEW AND PROACTIVE BY-LAW ENFORCEMENT ___________________________________________________________________ RECOMMENDATION: That changes be made to the Property Standards By- law as outlined in Report CSD-17-060 BACKGROUND:On June 2, 2015 report CSD-15-031 was brought to Council recommending a review of the current Property Standards By-law Chapter 665 and processes currently in place,related to how by-law enforcement concerns are addressed in residential neighbourhoods. On June 27, 2016 Councillor Singh introduced the following motion which was approved by City Council directing staff to investigate the feasibility of enacting requirements for vacant buildings to be maintained at a level that is in keeping with neighbouring properties. WHEREAS a review of the City of Kitchener Property Standards By -law is currently listed in the 2016 Business Plan as Item CS20 Neighbourhood Property Standards Compliance Review and Proactive By -Law Enforcement; and, WHEREAS through initiatives, such as the Neighbourhood Strategy, the City is striving to promote its vibrant communities; and, WHEREAS vacant boarded -up buildings can project an unwarranted negative image of a neighbourhood; THEREFORE BE IT RESOLVED that as part of the current review of the City of Kitchener Property Standards By -law, staff be directed to investigate the feasibility of incorporating requirements for vacant buildings to be maintained at a *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 9 - 1 level that is in keeping with neighbouring properties beyond the existing minimum standard for securing the site; and, BE IT FINALLY RESOLVED that staff be directed to review the best practices implemented by other municipalities to regulate the keeping of vacant buildings. Section 15.2 of theOntario Building Code Act authority and legal requirements in relation to the Property Standards By-law. This section outlines every aspect of a By-law , from the ability to enter onto private property to conduct an inspection, to the content required in an Order to Comply, service of an Order to Comply, the appeal process and the municipalities ability to enter onto private property for the purpose of completing the required repairs and placing a lien on the land for the amount spent on the repair or demolition. Staff has reviewed the current Property Standards By-law and concluded that the existing by-law remains largely relevant. However, staff have identified a variety of specific changes we recommend be made to the by-law and have looked at ways in which to improve our overall processes and customer service, related to the enforcement of property standards. REPORT: The By-law Enforcement Division has taken considerable time to review the processes currently in place and engage with community members to determine areas for improvement within the by-law, gaps that currently exist and solutions to assist by-law enforcement in becoming more responsive to community needs. As a result of this comprehensive review, staff are recommending several changes to ensure core services and business process are effectively addressing the needs of neighbourhoods and we have re-structured the Property Standards By-law in order to make it easier to access and find information. On a number of occasions in the past, Council has raised the issue of proactive versus reactive enforcement of our property standards by-law. As a part of our review, Staff engaged with residents and obtained their feedback on this issue. We have identified a number of opportunities to improve residents education of this by-law. We have also reviewed our current internal enforcement processes and found improvements and efficiencies in addition to the traditional methods of going through the court process. Some of these improvements include completing the required work and adding the costs to the tax role, providing a sufficient amount of time to complete the required work and ensuring it is appropriate for the work required, as opposed to standard time frames, applying for short form wording and set fine amounts in order to issue tickets and requiring mediation when appropriate. By-law Enforcement Staff have spent a significant amount of time reaching out to several community partners, including all of the Neighbourhood Associations, as part of this review. We have met with several groups and held an open public meeting 9 - 2 to advise residents of the recommended changes. At each of those meetings staff sought feedback from residents on what proactive enforcement means to them and their neighbourhood. As a result of what we heard from residents, staff has identified two main elements of this by-law review which are discussed in the remainder of this report: Recommended Changes to the Property Standards By-law Proactive Enforcement Education versus Proactive Enforcement List of Recommended Changes to the Property Standards By-law: 1. Barrier Free Access where installed or required by legislation shall be maintained and operationally suitable for use. Currently we do not have any regulations in the by-law relating to barrier free access or maintenance. 2. Added and defined multi-residential buildings (building containing 4 or more units), added exterior areas of multi-residential for the purpose of snow/ice removal. This is a service improvement as our snow clearing by-law only applies to City owned sidewalks, therefore interior sidewalks or parking lots are not required to be cleared which often creates an unsafe situation for residents living in these buildings 3. Exterior Lighting light shall not trespass onto adjacent properties or shine directly into a dwelling unit. LED lighting, flood lights and light fixture design can create a nuisance onto neighbouring properties. 4. Site plan requirements improved the wording of the existing section. The current wording is vague and difficult to interpret, we have clarified it for easier interpretation. 5. Garbage Receptacles commercial and industrial properties to provide sufficient number of garbage receptacles on the exterior of the property for litter. These types of properties are currently not required to provide receptacles unless it is captured as part of a site plan. 6. Refuse Disposal Containers - must be screened from neighbouring residential properties, they must have covers and be maintained in good condition. This section relates to dumpsters and again is currently only required if captured through the site plan process. 7. Unsightly Storage accumulations of material, wood or other objects that create an unsafe or unsightly condition. Currently captured in the definition of waste material, this change provides staff the ability to address situations where there may be value in the materials being stored, however they would still not be permitted. 9 - 3 8. Metal Roofs and Solar Panels require stoppers when abutting public or other private properties. Metal roofs and solar panels can create a safety concern as they accumulate snow, once it begins melting because of the smooth surface underneath the snow, it will generally release all of the buildup at once, creating a potential safety concern. 9. Directed Water added pool hoses for draining or backwashing of pools and any other type of device designed and intended for the discharge of water. Currently the by-law only captures downpipes and sump pump discharge lines. 10. Vacant Buildings* must be maintained and brought into conformity with the standards of this by-law. Our current by-law only requires vacant properties to be secured from entry. This increased standard in the by-law will require vacant buildings to be maintained so as not to detract from the neighbouring environment. Demolition of buildings may be considered by staff if they have been vacant and problematic for a period exceeding 24 months. Each situation will be reviewed and assessed based on several factors including, overall condition of building, if building is habitable, value of the building and compliance with other by-laws such as the Demolition Control By-law and Heritage provisions. 11. Window Locks/Safety Devices at the request of an occupant, owner shall install/maintain/repair safety devices with moveable sashes to prevent small children from opening them beyond four inches. This is a safety improvement for tenants with small children, there is currently no regulations in place requiring landlords to take extra precautions when requested. 12. Kitchen/bathroom Counter Tops and Cabinetry added provision to allow staff to address these when in disrepair, current by-law is silent and we can only address these if we can show they are unsafe. 13. Mould not previously mentioned in by-law. Also added a provision, if mould is minor and relates to general maintenance or housekeeping, this section may not apply. With the requirement of staff to inspect marijuana grow ops and the increased education surrounding mold, staff have had limited ability to deal with these types of situations. 14. Air Quality allow staff to require air quality testing to be performed if there are concerns present such as mould or other types of contaminants present. * sites/properties. Staff recognize the need for increased standards of vacant sites and are in the process of reviewing different processes and by-laws in order to determine which would be the most appropriate way to enforce those increased standards. Some of the areas we are reviewing are: 9 - 4 Site Alteration By-law (Engineering) Pre-grading Process (Planning) Lot Maintenance By-law (Enforcement) Nuisance Provision (Enforcement) Education: By-law Enforcement staff reached out to all of the Neighbourhood Associations, as a part of this review, held a public meeting, and reached out to Community Partners to ask what challenges they may be experiencing, where we could improve our processes and what pro-active enforcement meant to them as a neighbourhood. What we heard overwhelming was there was a need for more public education. There were specific by-laws where residents felt pro-active enforcement was beneficial such as snow and ice on sidewalks and front lawn parking, but many felt being pro-active is a form of education, not enforcement. Another suggestion we heard relating to proactive enforcement was to apply or focus proactive enforcement on chronic or repeat offenders, who are already aware of the rules and regulations and continue not to adhere to them. As a result of the feedback we received which suggested an increased focus on education as a starting point, not enforcement, By-law staff have looked at ways to increase our presence within the community and implement different education strategies, including: Neighbourhood By-law Guide Participating in the Police and Fire Open Houses Participating in Neighbours Day Participating in Neighbourhood Markets Setting up information booths at large Lumber Stores such as Home Depot and Looking at enhancing our communications plan and taking a positive approach s residents being good neighbours Working with small neighbourhood groups who may be experiencing problems within their immediate neighbourhood Working with Landlord/Tenant groups to improve communication and develop effective processes Working with Legal Services to assist with Landlord/Tenant disputes Developing a strategy and training with Community Justice Initiatives in order to improve communication between residents and avoid future neighbour disputes Working with a variety of groups throughout the Region in order to develop and implement effective strategies and processes including Hoarding and Bed Bug groups, BIA, Tri-City Managers Group, Town and Gown Committee, Joint Enforcement Team (JET) this allows us to be part of the strategy development and not simply enforcement focused. 9 - 5 Property Standards By-law Enforcement: By-law Enforcement is for the most part currently reactive and we have seen a steady increase in the number of complaints we receive each year. In 2016, we received and investigated almost 2500 property standards type complaints, this does not include complaints of snow on sidewalks, pool inspections or other proactive educational type inspections. Concerns have been raised previously with regard to timelines involved when conducti processes that we have little or no control over, staff have looked at processes that are flexible and adaptable to the circumstances and ways to address these concerns when the situation warrants it and where the legislation permits it. Developing Short Form Wording initiate legal action by issuing fines through the ticketing process which currently does not exist. Establishing guidelines for quicker compliance, making them appropriate for the circumstance, while understanding if the Order is appealed the Appeal Committee does have the ability to extend the time lines. Completing the outstanding work and adding the costs to the tax roll, as opposed to traditional method of laying a charge and going through the court process first. Establishing fees for inspections (where there is non-compliance). Requiring mediation as a condition of the enforcement process when By-law is being used as a tool in a dispute situation. FINANCIAL IMPLICATIONS: At this time, staff believe these changes to the by-law and an increase in our efforts to education of the public, will not have any new financial implications. However, should Council wish Enforcement staff to move forward with a proactive enforcement model, staff would have to consider the financial implications and bring that information back to Council in advance of the 2018 budget for consideration. COMMUNITY ENGAGEMENT: Staff have reached out to several of our Community Partners including Waterloo Region Community Legal Services, Neighbourhood groups including Mill Courtland Community Center and Highland Stirling Community Group, Social Development Center for Waterloo Region and all 31 Neighbourhood Associations. We provided each of the Neighbourhood Associations with a copy of the current property standards by-law along with a list of the recommended changes to the by-law and attended 12 meetings of the Associations listed below: Boardwalk Neighbourhood Association Bridgeport Community Association Cedar Hill Community Group Cherry Park Neighbourhood Association Doon Pioneer Park Community Association Highland Stirling Community Group King East Neighbourhood Association Kingsdale Neighbourhood Association 9 - 6 Victoria Hills Neighourhood Association Victoria Park Neighbourhood Association Williamsburg Community Association Staff also held a public meeting on May 23, 2017 where the recommended changes were discussed. All meetings and communication that was provided to the groups listed above included discussion/feedback on what proactive enforcement meant to each resident and their neighbourhood. PREVIOUS CONSIDERATION OF THIS MATTER: A previous report CSD-15-031was brought forward to the Community and Infrastructure Services Committee on June 15, 2015 requesting that staff proceed with a review of the Property Standards By-law Chapter 665 in order to ensure core services and business processes were effectively addressing the needs of neighbourhoods. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department 9 - 7