REQUEST FOR DECISION
DATE: March 27, 2017 Report No. CSS-17-006
TO: Laurie Hurst, Chief Administrative Officer
FROM: Blair McDonald, Director, Community Safety Services
SUBJECT:
Title
Bylaw Amendments
End
RECOMMENDATION:
Recommendation
That Council gives first, second and third readings to the Bylaw to Amend Building Code Bylaw No. 2538 and Parks and Recreation Regulation Bylaw No. 2665, 2017, No. 2895.
Body
RELEVANT POLICY:
Bylaw Notice Enforcement Bylaw, 2014, No. 2839
Building Code Bylaw, 2002, No. 2583, as amended
Parks and Recreation Regulation Bylaw, 2007, No. 2665, as amended
Community Charter
STRATEGIC RELEVANCE:
Resilient and Diverse Economy
- Ensure processes for business and development are clear and consistent
- Review Township policies and bylaws to ensure efficient processes; amend and update as necessary
BACKGROUND:
Through bylaw enforcement and subsequent legal challenges, weaknesses were noted in the way some specific Township bylaws were written. In a recent Adjudication Hearing, the Township had a decision go against them in relation to a charge under the Building Code Bylaw.
The Adjudicator took the position that while the Community Charter permits a council to pass bylaws providing for offences and penalties, additional penalties for continuing offences should specifically be included in the bylaws, so that each day was considered a fresh offence. In the absence of such a clause, any enforcement must be initiated within six months of the Township becoming aware of a contravention.
Staff conducted a review of Township bylaws currently enforceable under the Bylaw Notice Enforcement Bylaw and confirmed that all but two contained the “continuing offences” clause. Staff are therefore recommending amendment of both the Building Code Bylaw and Parks and Recreation Regulation Bylaw to add this clause.
ISSUES:
1. Rationale for Selected Option
The selected option will improve the ability of staff to enforce the bylaws specified.
2. Organizational Implications
This revision does not trigger a policy change or alter staff work load requirements.
3. Financial Implications
These revisions have no significant financial implications.
4. Sustainability & Environmental Implications
There are no sustainability or environmental implications.
5. Communication & Engagement
The updated bylaws will be posted on the Township website.
ALTERNATIVES:
1. That Council gives first, second and third readings to the Bylaw to Amend Building Code Bylaw No. 2538 and Parks and Recreation Regulation Bylaw No. 2665, 2017, No. 2895.
2. That Council directs any amendments it considers appropriate to Bylaw No. 2895 prior to giving it first, second and third readings as amended.
3. That Council refers Bylaw No. 2895 back to staff to further revision.