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HomeMy WebLinkAboutApril 21, 2022 - Council - AddendumTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING ADDENDUM MUNICIPAL OFFICE Thursday, April 21, 2022 10.2 Report BL-01/22 by Harry Baranik, Fire Chief|By-Law Enforcement Officer re 2021 Annual By-Law Summary Report 1 Appendix A 2021 ANNUAL BY-LAW SUMMARY REPORT 2 Contents Introduction: ................................................................................................................................................. 3 Overall By-Law Related Responses: Calls for Service .................................................................................. 3 Break Down of Response Methods: ............................................................................................................ 5 Conclusion: .................................................................................................................................................... 5 3 Introduction: This Report is a summary for the year of 2021. In 2021, the Municipality of Bayham continued to be affected by the COVID pandemic. The Province’s Reopening Ontario Act continually adapted to the pandemic in order to protect the people of Ontario which required the legislation that restricted the people’s movements to constantly evolve and change. Generally, unlike 2020, there was less restriction regarding travelling throughout Ontario. In 2021, The Municipality of Bayham By-law Department received 143 complaints, which 118 (83%) were completed. Of the 17% still outstanding, many of these had been actioned however, further action is ongoing. The Municipality of Bayham By-law enforcement is governed by the Municipal Policy which includes a multi-step approach to gain compliance. The first step generally includes a warning/educational letter notifying the violator of the offence and the consequences of those actions. The second step is a Notice of Violation, which will be more direct and in depth and will often include an Order of Compliance. The final step is enforcement and/or the Municipality actioning the complaint themselves. It needs to be noted that this is extremely costly for the Municipality and time consuming for staff. Steps will be missed in flagrant violations such as parking or serious complaints such as vicious dog bites the second of Notice of Violation or the third step of enforcement may be the initial step. In 2021, enforcement was mainly accomplished by the By-law Department and the Elgin County OPP with some assistance of Municipal Enforcement Unit (MEU). This Report does not include the statistics from the OPP. Overall By-Law Related Responses: Calls for Service The Municipality of Bayham By-law Department responded to 143 complaints in 2021 as compared to 112 the previous year, which is a 27% increase and not insubstantial with respect to staff resources. It should be noted that this does not mean there were 143 different locations as some of these complaints involved multiple complaints and/or different complainants. The following charts are a comparison of the total number of calls over the past two years. One will note the large increase in zoning complaints which are mainly related to people utilizing trailers as residences without seeking a zoning variation, prohibited animals complaints involving the ownership of chickens in or villages, towns and hamlets, and noise complaints surrounding barking dogs. It needs to be further noted that the category of Property Standards was redefined for this Report as Lot Maintenance was separated into its own category. Property Standards has been redefined as the complaint regarding the buildings themselves on a property and accessories or supports to the buildings. The category of Lot Maintenance relates to the property surrounding the building and how it is maintained. 4 21% 4% 2% 17% 13% 12% 1% 7% 16% 6% Total number of Calls for Service 2021 Animal Control / Dogs 30 Prohibited Animals 6 Property Standards 3 Lot Maintenance 24 Noise 19 Parking / Traffic 17 Dumping / Littering 2 Fire/Burning 10 Zoning 23 Other 9 TOTALS 143 31% 1% 25% 6% 20% 2% 2% 5%4% Total number of Calls for Service 2020 Animal Control / Dogs 35 Prohibited Animals 1 Property Standards 28 Noise 7 Parking / Traffic 23 Dumping / Littering 3 Fire 2 Other - Zoning 5 Other 4 TOTALS 112 5 Response Methods Regarding Completed calls: The following indicates the response methods utilized when responding to the complaints: Please note that one charge or interaction could have resolved more than one recorded complaint. Conclusion: In general, Municipal By-laws are challenging as they are the most personal form of law enforcement towards an individual. Federal laws often reflect the moralities of society which most people respect and agree with the enforcement of the violations. Provincial laws are slightly more invasive and regulatory for the individual, however they deal with restriction for the general safety and protection of society, such as the Highway Traffic Act or the Reopening of Ontario Act. However, By-laws are the most personal as they deal with the individual’s personal property including their house, possessions, and activities. As such, there has to be a balance between the expectation of the complainant and the enforcement of the By-law. As previously stated, the By-law department utilizes as multi-step approach to gain compliance. By-laws are time consuming in nature. As education and attempting to work with the violators often leads to compliance this multi-step approach has proven effective. By-laws also often 42% 5%7%5% 8% 18% 3%6% 7% Break down of Response for 2021 Correspondence / Education 50 Notice of Violation 6 Ticket/enforcement 8 Spite Complaints 6 Unfounnded 9 Other Department or Agency 21 Municipal Action 4 Resolved without Municpal action 7 Other 8 6 involve ongoing neighbour disputes which can lead to many complaints and multi-agencies and departments needing to respond. Further, there are times when legal opinion needs to be sought to ensure proper steps are taken to ensure a successful conclusion and/or prosecution. The By-law department continuously works with other Municipal departments, including Planning, Building, and Public Works, and other agencies such as the OPP and South West Public Health Unit to assist in obtaining compliance. For 2022, The Municipality of Bayham looks forward to the ongoing collaboration with the Township of Malahide regarding options for a joint Building, Planning, and By-law service for both municipalities. The Municipality of Bayham is currently the only municipality in the County of Elgin and the surrounding area involving the inclusion of Fire, Community Emergency Management Coordinator, By-Law Enforcement and Live Stock Evaluator under the same portfolio. Despite the increasing requirements from upper levels of government involving all the duties, the By-law department will continue to respond to the best of its ability and with a high file closure rate as evidenced in 2021.