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Home My WebLink AboutCOR-2021-25 - Decision of Licensing Tribunal - Chapter 553 (Lodging House) re: 249 Duke Street East, Kitchener, OntarioStaffReport Corporate Services Department REPORT TO: Committee of the Whole DATE OF MEETING: September 20, 2021 SUBMITTED BY: Licensing Tribunal www0chener ca PREPARED BY: Dianna Saunderson, Interim Manager of Council and Committee Services & Deputy Clerk, 519-741-2200 ext 7278 WARD(S) INVOLVED: 10 DATE OF REPORT: August 24, 2021 REPORT NO.: COR -2021-25 SUBJECT: Decision of Licensing Tribunal - Chapter 553 (Lodging House) re: 249 Duke Street East, Kitchener, Ontario RECOMMENDATION: That the decision of the Licensing Tribunal, attached to Corporate Services Department report COR -2021-25, on the matter of a lodging house licence (Chapter 553 - City of Kitchener Municipal Code) issued to Ann Hamilton (preferred name Ann Tambur) for the operation of a Lodging House, at the property municipally addressed as 249 Duke Street East, Kitchener, Ontario, be adopted. REPORT HIGHLIGHTS: Council is being asked to approve the Licensing Tribunal's decision to renew the lodging house licence for 249 Duke Street East subject to the conditions specified in the corresponding Notice of Decision for this matter. This report supports the delivery of core services. BACKGROUND: Chapter 553 of the City of Kitchener Municipal Code (Chapter 553) governs the licensing and renewal of lodging houses. As part of the renewal process, Chapter 553 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, and Licensing Services 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 January 2021 for the lodging house at 249 Duke Street East, Kitchener, Ontario (the Property). Following an incident at the Property on February 18, 2021, the Manager of Licensing determined the conditions imposed on the licence were not being adequately addressed and advised A. Tambur (the Licensee) that *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. steps were being taken to convene the Licensing Tribunal (the Tribunal) to render a decision on whether the lodging house licence should not be renewed. REPORT: The initial hearing date was June 21, 2021 but, at the request of the Licensee, the hearing was adjourned to July 13, 2021 so as to permit the Licensee time to gather witnesses. The Tribunal convened a 3 -day hearing on July 13, July 15 and August 10, 2021 to consider evidence and exhibits presented on behalf of the City by H. Fylactou, Manger of Licensing, that the conditions for maintaining the lodging house licence were not being complied with. The Tribunal also considered evidence and testimony from J. Kalbfleisch, Business Licensing Inspector; R. Potvin, Municipal Law Enforcement Officer/Property Standard Officer; and M. & A. Doran, A. Reed, S. Spitale and R. Gissing, Witnesses for the City, that 249 Duke Street East was not being managed in accordance with the conditions imposed on the licence. The Tribunal further heard evidence presented on behalf of the Licensee from A. Hamilton, Licensee, as well as E. Schmidt and B. Emmons, Witnesses on behalf of the Licensee, in opposition to the claim of non-compliance related to the conditions imposed on the lodging house licence. Following the summations, the Tribunal members adjourned to review the matter and agreed to reserve its decision. The Tribunal's decision was forwarded to all the interested parties on Friday September 3, 2021. In accordance with the Municipal Act and Chapter 553 of the City of Kitchener Municipal Code, all decisions of the Tribunal must be ratified by Council before taking effect. In this regard, the recommendation contained herein will appear on the September 20, 2021 Council Agenda. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM —The decision of the Licensing Tribunal was served on the Licensee, notifying that the matter would be considered at the Council meeting on September 20, 2021. In addition, this report has been posted to the City's website with the agenda in advance of the council / committee meeting PREVIOUS REPORTS/AUTHORITIES: • COR -2021-12 - Appointment of Tribunal Members - Lodging House • CRPS-08-059 - Rules or Procedure for Licensing Tribunals APPROVED BY: Victoria Raab, General Manager of Corporate Services ATTACHMENTS: Attachment A — Decision of the Licensing Tribunal NOTICE OF DECISION LICENSING TRIBUNAL August 10, 2021 Hearing (APPEAL #2019-01) ISSUED at Kitchener this 2nd day of September, 2021 TO: Ann Hamilton (Ann Tambur) 42 Hohner Avenue Kitchener ON N2H 2V4 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 August 10, 2021 to consider the submissions to determine whether or not to refuse a Lodging House Licence to Ann Hamilton (preferred name Ann Tambur), operating at 249 Duke Street East, Kitchener, Ontario, reports as follows: The Tribunal was convened on June 21, July 13, July 15 and August 10, 2021 to consider Appeal 2021-01 related to the Lodging House Licence for the property municipally addressed as 249 Duke Street East. Having considered all of the evidence and exhibits presented on behalf of the City by Helen Fylactou, Manger of Licensing, that the conditions for maintaining the Lodging House licence were not being complied with; as well as the evidence and testimony from J. Kalbfleisch, Business Licensing Inspector; R. Potvin, Municipal Law Enforcement Officer/Property Standard Officer; M. & A. Doran; A. Reed; S. Spitale; and R. Gissing, Witnesses for the City that 249 Duke Street East was not being managed in accordance with the conditions imposed on the licence. The Committee further heard evidence presented on behalf of the Licensee from A. Hamilton, Licensee, as well as E. Schmidt and B. Emmons, Witnesses on behalf of the Licensee in opposition to the claim of non-compliance related to the conditions imposed on the lodging house licence. Following the summations, the Tribunal members adjourned to review the matter and agreed to reserve its decision. The Tribunal's decision is set out herein and is being forwarded to all the interested parties. Page 2 NOTICE OF DECISION: AUGUST 10, 2021 APPEAL #2021-01 — LODGING HOUSE LICENCE Accordingly. the Tribunal recommends the following: That a Lodging House Licence issued to Ann Hamilton (Ann Tambur) for the property municipally addressed as 249 Duke Street East, Kitchener Ontario, be granted subject to the following conditions: I _ That the owner shall, in consultation with the City, create, post and maintain House Rules; 2_ That the House Rules be included in any future tenancy agreements; 3 That a superintendent is required to reside on-site at the property to assist in adhering to all conditions of the licence; 4. That the owner shall ensure residents are aware of the licence conditions and House Rules; 5. That the owner ensures compliance with the City's Noise By-law and ensures residents keep the front door closed when not in use; 5. That the owner ensures compliance with Property Maintenance By- law, Animal Control By-laws, as well as the Building Code (Ontario), Criminal Code (Canada), and Fire Code (Ontario); 7. That the owner ensures there is a proper needle disposal location; 8. That the number of lodging house residents shall be restricted to 7 persons, subject to amendment in accordance with City of Kitchener By-laws; and, 9, That no Accessory units are to be erected on the property that are not in accordance with the City's Zoning By-law. It is in the opinion of the Tribunal that the recommendation complies with Schedule A - Business Licence Procedure, Chapter 553 (Lodging House) of the City of Kitchener Municipal Code as: (a) the Manager of Licensing received an unfavourable report related to an investigation that was carried out; and (b) the conditions of the previous licence were not adequately addressed. Following the ratification of the Tribunal's decision by Kitchener City Council, the owner shall be required to complete any outstanding conditions to complete the licensing renewal for 2021. The Licensee, the City, and all witnesses are hereby advised that this matter will be heard by Kitchener City Council at an electronic meeting scheduled for Monday, September 20, 2021 at 7:00 p.m. and, individuals may register as a delegation for the Council meeting to address the matter by 5:00pm on Monday, September 20, 2021 by contacting delegation@kitchener.ca. DATED at Kitchener, this 2nd day of September 2021. Christine Michaud SI�9ed with ConsignO Cloud 2�i/09/02) riry with verifio.com or Adobe Reader. COUNCILLOR C. MICHAUD John Gazzola Signed with ConsignO Cloud (2021/09/03) --- - Verify with verifio.com or Adobe Reader. COUNCILLOR J. GAZZOLA