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HomeMy WebLinkAboutCOR-19-048 - Decision of Licensing Tribunal - Chapter 553 (Lodging House)Staff Report 11� l JR Corporate ServicesDepartment wwwkitchener.ca REPORT TO: Special Council DATE OF MEETING: December 2, 2019 SUBMITTED BY: Licensing Tribunal PREPARED BY: Dianna Saunderson, Committee Administrator, 519-741-2200 ext 7277 WARD (S) INVOLVED: 10 DATE OF REPORT: November 20, 2019 REPORT NO.: COR -19-048 SUBJECT: Decision of Licensing Tribunal - Chapter 553 (Lodging House) RECOMMENDATION: That the decision of the Licensing Tribunal, attached to Corporate Services Department report COR -19-048, on the matter of a lodging house licence (Chapter 553 - City of Kitchener Municipal Code) issued to Mr. S. Mohamed for the operation of a Lodging House, at the property municipally addressed as 374 Louisa Street, Kitchener, Ontario, be adopted. BACKGROUND: Chapter 553 of the City of Kitchener Municipal Code governs the licensing and renewal of lodging houses. As part of the renewal process, the by-law requires that City staff investigate the impact of every lodging house on the immediate neighbourhood. Both Fire and Property Standards conduct annual inspections of lodging houses, as well as, staff solicit comments annually from neighbouring properties. Staff also work with Waterloo Regional Police Services and By-law Enforcement to review the number and types of calls to service on each lodging house. Based on inspection reports, calls to service, and public comments, the Manager of Licensing put conditions on the licence in 2017 and 2018 for the lodging house at 374 Louisa Street, Kitchener, Ontario (the subject property). On June 28, 2019, the owner and licensee of the subject property, Mr. Showkatali (Sam) Mohamed, applied to renew the lodging house licence. Upon review by the Manager of Licensing, it was determined that several of the conditions were not met and Mr. Mohamed was advised the licence would not be granted and would be referred to the Licensing Tribunal for possible refusal. REPORT: On November 20, 2019, the Licensing Tribunal considered an agreed statement of facts as well as a joint submission from Ms. Erin Kearney, on behalf of the Corporation of the City of Kitchener and, Mr. Mohamed, licensee for the subject property. The agreed statement of facts showed that over the past 14 years when canvassing the neighbouring property owners each year as *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. part of the licence renewal process, the public comments have been overwhelmingly negative for the subject property. In addition, Waterloo Regional Police have received 87 calls to service for the subject property since 2016. After reviewing the 2019 business licence renewal application the Manager of Licensing was of the opinion that the conditions previously imposed on the licence were not being upheld; thus, the Manager of Licensing referred this matter to the Licensing Tribunal recommending refusal the lodging house licence. The Tribunal reviewed the statement of facts, and following their deliberation, agreed to impose the three recommendations brought forward through the joint submission and requested an additional condition requiring immediate being action to provide notice to all tenant/occupants of the loss of licence. The decision attached as Appendix `A' outlines the Tribunals decision and imposed conditions. In accordance with the Municipal Act, all decisions of the Licensing Tribunal must be ratified by Council before taking effect. In this regard, the recommendation contained herein will appear on the December 2, 2019 Special Council agenda. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM — The decision of the Licensing Tribunal was served on the licensee, notifying him that it would be considered at the December 2, 2019 Special Council meeting. In addition, this report has been posted to the City's website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Must be the CAO or GM Appendix `A' — Decision of the Licensing Tribunal NOTICE OF DECISION LICENSING TRIBUNAL November 20, 2019 Hearing (APPEAL #2019-01) ISSUED at Kitchener this 20th day of November, 2019 TO: Showkatali Mohamed nm� IN THE MATTER OF Chapter 553, entitled "Lodging House" of the City of Kitchener Municipal Code; AND IN THE MATTER OF the Ontario Municipal Act, 2001, as amended; AND IN THE MATTER OF the Statutory Powers Procedure Act, RSO 1990, Chapter S. 22, as amended; That the Licensing Tribunal established by the Council of the Corporation of the City of Kitchener pursuant to Chapter 553 of the City of Kitchener Municipal Code, the Ontario Municipal Act, 2001 and the Statutory Powers Procedure Act, sitting on November 20, 2019 to consider the submissions to determine whether or not to refuse a Lodging House Licence to Showkatali "Sam" Mohamed, operating at 374 Louisa Street, Kitchener, Ontario, reports as follows: Having heard a joint resolution submission from Ms. E. Kearney, Associate City Solicitor and Mr. S. Mohamed, Licensee, which was read into evidence; The Tribunal recommends that: That a Lodging House Licence issued to Mr. Showkatali Mohamed for the property municipally addressed as 374 Louisa Street, Kitchener Ontario, be refused subject to the following conditions: The application for a licence for a lodging house by Mr. Showkatali "Sam" Mohamed for 374 Louisa Street be refused effective on the date this Tribunal's recommendation is approved by Council. 2. Despite the revocation of the licence, the City will not proceed with charges for operating a lodging house without a licence against Mr. Showkatali "Sam" Mohamed until on or after April 1St, 2020. Page #2 NOTICE OF DECISION: NOVEMBER 20, 2019 APPEAL #2019-01 — LODGING HOUSE LICENCE 3. Any application made by Mr. Showkatali "Sam" Mohamed, or any future owner of 374 Louisa Street that permits Mr. Mohamed to maintain an interest in the property, for a licence to operate a lodging house at 374 Louisa Street shall be required to proceed automatically to Tribunal to determine whether such application should be granted or refused. 4. Mr. Showkatali "Sam" Mohamed immediately provide notice to all tenant/occupants at 374 Louisa Street of the loss of lodging house licence and to immediately take all appropriate actions and steps to remove occupants from the property as it is no longer permitted to be a lodging house. Page #3 NOTICE OF DECISION: NOVEMBER 20, 2019 APPEAL #2019-01 — LODGING HOUSE LICENCE LICENSING TRIBUNAL COUNCILLOR K. L WAY-SEALOCK COUNCILLOR S. MARSH ISSUED BY: D. Saunderson, Secretary of the Licensing Tribunal Legislated Services Division of the Department of Corporate Services 200 King St. W., Kitchener, ON, N2G 4G7 Tel. (519) 741-2200 ext. 7277 NOTE RE: APPEAL PROCEDURE Ifyou wish, you may appeal this Decision to a Judge of the Superior Court ofJustice. You must notify the City Clerk in writing and apply to the Superior Court of Justice within fourteen (14) days of the sending of this Decision.