TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: February 26, 2024 Report No. ADM-24-012
TO: Council
FROM: Deb Hopkins, Director of Corporate Services
SUBJECT: Proposed Amendments to “Maintenance of Property and Nuisance Reglation Bylaw, 2014, No. 2826”
RECOMMENDATION:
Recommendation
That Council give three readings to “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826, Amendment Bylaw, 2024, No. 3133”.
Body
EXECUTIVE SUMMARY:
The purpose of this report is to propose amendments to the “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826” to reduce construction noise by restricting permitted hours of construction activities within the boundaries of the Township of Esquimalt.
BACKGROUND:
At a Council meeting held October 30, 2023, Council discussed a Notice of Motion related to potential amendments to the “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826”. At that meeting, Council resolved as follows:
That Council direct staff to amend the “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826” to limit construction or demolition work to occur between the hours of 7 am and 7 pm on weekdays, 9 am and 6 pm on Saturdays, and no construction or demolition work allowed on Sundays and Statutory Holidays.
Chronology:
• October 16, 2023: Notice of Motion: Revision of “Maintenance of Property and Nuisance Regulation Bylaw” with Respect to Construction Noise introduced by Councillors Armour and Cavens
• October 30, 2023: Notice of Motion discussed, and direction provided to staff to bring forward amendments to Bylaw No. 2826
ANALYSIS:
Current provisions in the “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826” allow for noise or disturbances to the quiet, peace, rest, enjoyment, comfort, or convenience of persons in the vicinity to occur:
• 7 am to 10 pm Monday through Friday, and
• 9 am to 10 pm Saturdays, Sundays, and Holidays.
Recognizing that there is significant construction and development occurring in the Township, and in response to Council’s direction in October 2023, amendments to Bylaw No. 2826 are being proposed to reduce disruption to residents.
Council suggested that noise provisions in Bylaw No. 2826 should align with the regulations established by neighbouring municipalities. While difficult to do a direct comparison of all of the applicable bylaws, research yielded the results shown in the following table.
It is important to recognize that there are some differences between the provisions of the bylaws. The table does not capture specific nuances of each of the municipalities’ bylaws. Acknowledging that these nuances are not considered for the amendments proposed at this time, there is general consistency between 2/3 of the municipalities to restrict construction activities Monday through Friday from 7 a.m. to 7 p.m. which aligns with the amendments proposed in Amendment Bylaw No. 3133. Restrictions on weekends and holidays are less consistent, however 8 of the 12 municipalities do not generally permit construction works on Sundays and half of the municipalities include prohibitions for work on holidays both of which are also reflected in the Amendment Bylaw.
The proposed amendments incorporate Council’s direction from the discussion at the October 30, 2023 meeting. At that meeting Council discussed potentially establishing parameters for exemptions to these restrictions. Some of the bylaws from neighbouring municipalities do contain opportunities to apply for exemptions. Esquimalt’s Bylaw No. 2826 also currently includes provisions and procedures for requesting an exemption under Section 36 “Permits”.
It is not known at this time what the impact may be on the construction community should these amendments be implemented. More details could be obtained by conducting a broader review of the “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826” or undertaking more detailed engagement with the construction community.
OPTIONS:
Option 1 - Approve the amendments proposed in Bylaw No. 3133
Should Council wish to implement the proposed amendments to the Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826, it is recommended that Council give first, second, and third readings to Amendment Bylaw No. 3133. An appropriate motion would be:
That Council give three readings to “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826, Amendment Bylaw, 2024, No. 3133”.
Option 2 - Propose amendments to Bylaw No. 3133
Council may choose to amend proposed Amendment Bylaw No. 3133. Should Council wish to make changes to proposed Bylaw No. 3133, a motion indicating the revisions would be required. Prior to amendments, a motion to introduce the bylaw and give first reading is required. A motion to give second reading would then be in order, followed by a motion to amend. Once the amendments were finalized, Council may consider giving second reading as amended and then third reading to Bylaw No. 3133. Council could achieve this using the following set of motions:
1. That Council give first reading to “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826, Amendment Bylaw, 2024, No. 3133”.
2. (a) That Council give second reading to “Maintenance of Property and
Nuisance Regulation Bylaw, 2014, No. 2826, Amendment Bylaw, 2024,
No. 3133”.
(b) That Council amend “Maintenance of Property and Nuisance Regulation
Bylaw, 2014, No. 2826, Amendment Bylaw, 2024, No. 3133” by …
(c) That Council give second reading to “Maintenance of Property and
Nuisance Regulation Bylaw, 2014, No. 2826, Amendment Bylaw, 2024, No.
3133” as amended.
3. That Council give third reading to “Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826, Amendment Bylaw, 2024, No. 3133”.
Option 3 - Request additional information from Staff - Give no readings to the bylaw
If Council requires additional information from staff prior to proceeding with bylaw readings, or would like to propose additional amendments be drafted, Council should not give any readings to the bylaw and instead provide staff with clear direction on the need for further information. The framework for an appropriate motion is:
That Council direct staff to bring back information on…
or
That Council direct staff to draft further amendments to Bylaw No. 3133 including…
Option 4 - Delay Adoption to allow for additional feedback
If Council wishes to provide the construction community or the broader public with additional time to provide feedback on the proposed bylaw amendments, Council could opt not to give all three readings (i.e. give first reading, or give first and second readings), or could give three readings, and provide direction to staff respecting the timelines for adoption of Amendment Bylaw No. 3133.
COUNCIL PRIORITY:
Housing
Good Governance and Organizational Excellence
FINANCIAL IMPACT:
There are no organizational financial impacts associated with the proposed amendments to Bylaw No. 2826.
COMMUNICATIONS/ENGAGEMENT:
Staff advised the construction community of Council’s consideration of the proposed amendments to Bylaw No. 2826 to limit construction activities and related noise in the Township on February 14, 2024. Should amendments to the bylaw be adopted, staff will work with Development Services, Community Safety Services and Communications to ensure that print and digital information is updated and impacted parties are appropriately advised. The amended bylaw will be posted to the Township’s website.
TIMELINES & NEXT STEPS:
If Amendment Bylaw No. 3133 receives three readings, it will return to Council on March 4, 2024, for consideration of adoption unless Council provides staff with direction to delay to a later meeting date.
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826 with Track Changes
2. Maintenance of Property and Nuisance Regulation Bylaw, 2014, No. 2826, Amendment Bylaw, 2024, No. 3133
3. Notice of Motion - Revision of Maintenance of Property and Nuisance Regulation Bylaw with Respect to Construction Noise, Councillors Armour & Cavens
4. Minutes Excerpt, October 30, 2023 Council Meeting