REQUEST FOR DECISION
DATE: March 16th, 2016 Report No. CSS-16-006
TO: Laurie Hurst, Chief Administrative Officer
FROM: Blair McDonald, Director of Community Safety Services
SUBJECT:
Title
Bylaw Notice Enforcement Bylaw Amendment - Schedules update.
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RECOMMENDATION:
Recommendation
That Council gives first, second and third readings to the Bylaw Notice Enforcement Bylaw, 2014, No. 2839, Amendment Bylaw [No. 4], 2016, No. 2869.
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RELEVANT POLICY:
Bylaw Notice Enforcement Bylaw, 2014, No. 2839, as amended
Zoning Bylaw, 1992, No. 2050, as amended
Parking Bylaw, 1992, No. 2011
Building Code Bylaw, 2002, No. 2538, as amended
Business Licence and Regulation Bylaw, 2013, No. 2810, as amended
Water Course and Drainage Regulation Bylaw, 1998, No. 2332
STRATEGIC RELEVANCE:
This report does not relate directly to Council’s Strategic Goals or Priorities.
BACKGROUND:
At the February 1st, 2016 meeting, Council adopted the Interim Amendment to Zoning Bylaw 1992, No. 2050 - Amendment Bylaw No. 2861. This amendment eliminated the requirement for owners of secondary suites to pay an annual licensing fee. The Building Code Bylaw, 2002, No. 2583 has been presented to Council to bring it in line with the changes to the Zoning Bylaw by removing section 8.5. As a result of the changes to the Building Code Bylaw, two sections from Schedule “C” of the Bylaw Notice Enforcement Bylaw, 2014, No. 2839 have been removed. The modified version of Schedule “C” is attached hereto.
The Interim Zoning Bylaw amendment also resulted in changes to the offence sections of the Zoning Bylaw, necessitating a change to Schedule “D” of the Bylaw Notice Enforcement Bylaw. The modified version of Schedule “D” is attached hereto.
The Interim Zoning Bylaw amendment also removed the restriction of operating a business from a secondary suite. Section 25 of the Business Licence and Regulation Bylaw, 2013, No. 2810 therefore has no effect. As a result, Schedule “F” of the Bylaw Notice Enforcement Bylaw is revised to remove the fine provisions for Section 25. The modified version of Schedule “F” is attached hereto. The Business Licence and Regulation Bylaw, 2013, No. 2810 itself will be amended once Food Service Vehicle provisions are established by Council in an upcoming meeting.
There are no provisions for the either the Parking Bylaw, 1992, No. 2011 or the Water Course and Drainage Regulation Bylaw, 1998, No. 2332 to be enforced by way of Bylaw Offence Notice. The addition of Schedules “R” and “S” will allow these Bylaws to be enforced via Bylaw Offence Notice. Schedules “R” and “S” are attached hereto.
ISSUES:
1. Rationale for Selected Option
Bylaw Offence Notices are the primary enforcement mechanism for the Township. As the Parking Bylaw, 1992, No. 2011 and the Water Course and Drainage Regulation Bylaw, 1998, No. 2332 were not previously enforceable by Bylaw Notice, the addition of these schedules will allow more efficient enforcement of those Bylaws should circumstances necessitate.
The changes as proposed to the other Schedules simply allows for those Bylaws to come into line with the approved changes to the Zoning Bylaw.
2. Organizational Implications
This amendment will allow enforcement of additional bylaws via Bylaw Offence Notice.
3. Financial Implications
There are no current or future budget impacts.
4. Sustainability & Environmental Implications
Adoption of Schedule “S” will allow for more efficient enforcement of the Water Course and Drainage Regulation Bylaw, 1998, No. 2332 thus enhancing the protection of watercourses within the Township.
5. Communication & Engagement
Once approved, the amended Bylaw and updated Schedules will be posted on the Township’s website for public information.
ALTERNATIVES:
1. That Council gives first, second and third readings to the Bylaw Notice Enforcement Bylaw, 2014, No. 2839, Amendment Bylaw [No. 4], 2016, No. 2869.
2. That Council directs any amendments it considers appropriate to Bylaw No. 2869 prior to giving it first, second and third readings as amended.
3. That Council refers Bylaw No. 2869 back to staff to further revision.