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HomeMy WebLinkAboutBy-law No. 2023-075THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-075 A BY-LAW TO ADOPT A ZONING ENFORCEMENT POLICY WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Council resolved on August 17, 2023 to bring forward a zoning enforcement policy for approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Zoning Enforcement Policy attached hereto as Schedule "A" and forming part of this by-law is hereby adopted; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5tn DAY OF OCTOBER 2023. MAYOR CLERK Schedule `A' Municipality of Bayham By-law 2023-075 �►,p,YHA� Jrtujmoty -is Corporation of the Municipality of Bayham Policy Name: Zoning Enforcement Policy Section 1 - Purpose 1 1 To provide a formal policy and procedure governing the handling of contraventions of the Municipality of Bayham Zoning By-law and to provide a framework for a thorough, prompt and courteous investigation and resolution thereof. 1 2 To provide a framework for timelines to be established where a contravention exists and a property owner is intent on taking action towards compliance. 1 Municipality of Bayham Municipal Law Enforcement Officers are committed to the delivery of professional Municipal Law Enforcement Services in a timely and effective manner. The goal of the Municipality and of Municipal Law Enforcement Officers is to achieve compliance with Municipal by-laws, through education, mediation and as necessary through enforcement and prosecution. Section 2 - Definitions 2.1 CAO shall mean the Chief Administrative Officer of the Municipality. 2 2 Formal Complaint shall mean a complaint received by the Municipality, wherein the complainant provides their full name, address, phone number and nature of complaint, that can be verified by the Municipal Law Enforcement Officer, in writing using the required form submitted in the manner specified by the Municipality or; a complaint arising from staff, where the potential for a zoning contravention has become known to staff through the execution of Regular Municipal Business. 2.3 Municipal Law Enforcement Officer shall mean a person appointed by the Municipality by-law for the purposes of Municipal Law Enforcement including, but not limited to, a Building Inspector, Municipal By-law Enforcement Officer, Police Schedule `A' Municipality of Bayham By-law 2023-075 Officer and a person authorized by Council or an assigned individual with the responsibility for enforcing and administering this Policy. 2.4 Municipality shall mean The Corporation of the Municipality of Bayham. Municipal shall have a corresponding meaning when referring to staff or matters within Bayham's jurisdiction. 2.5 Regular Municipal Business shall mean the execution of any of the regular duties assigned to a staff member of the Municipality during their employment with the Municipality. 2.6 Spite Complaint, also known as a Frivolous and Vexatious Complaint, shall mean a complaint submitted with ill will or with the intention of malice towards another person and may include retaliatory complaints and civil disputes. A Spite Complaint may also be identified by a complaint that is part of a pattern of conduct by the complainant that amounts to an abuse of the complaints process. Such a pattern occurs when on three (3) or more occasions a complaint comes forward on a matter a Municipal Law Enforcement Officer has already dealt with. The determination of a complaint being a Spite Complaint shall always be at the sole, absolute and unfettered discretion of a Municipal Law Enforcement Officer. Section 3 — Zoning Investination and Enforcement Procedure 3.1 The Municipality shall only respond to Formal Complaints related to contraventions of the Municipality of Bayham Zoning By-law, as long as they adhere to this Policy. i. The Municipality will offer assistance and direction with respect to by-law interpretations and questions over the telephone, in person, or via email, where practical. 3.2 Upon receipt of a Formal Complaint, staff shall record the Formal Complaint in a Complaints Database maintained by the Municipality. i. A Formal Complaint form shall in all cases provide space for the complainant to provide the complaint in their own words, detailing the "who", "what", "where", "when" and "why" of the situation. 3.3 The name and any personal information provided by the complainant shall remain in the strictest confidence in accordance with the Municipal Freedom of Information and Protection of Privacy Act and shall not be intentionally divulged to any member of Council, non -essential municipal staff, the public or media unless so ordered by a Court or other tribunal or body of competent jurisdiction. .4 A Municipal Law Enforcement Officer may conduct a preliminary review of the complaint to verify the information provided and research any supporting documentation which may be available in Municipal records. Schedule `A' Municipality of Bayham By-law 2023-075 3 5 A Municipal Law Enforcement Officer may call the complainant, when necessary, for further details or to confirm or clarify information provided within the Formal Complaint. 3.6 A Municipal Law Enforcement Officer may attend the site to witness and record the activity to determine if a contravention of the Municipality of Bayham Zoning By-law exists. 3.7 If a Municipal Law Enforcement Officer is unclear of a possible contravention, they may seek the advice of the Municipal Prosecutor, Planning Consultant, or Municipal Solicitor if required, or the appropriate Municipal staff member. i. A Municipal Law Enforcement Officer may provide the information required to the appropriate party so that an informed determination can be provided and where necessary the appropriate actions initiated. 3,13 Where a contravention of the Zoning By-law is confirmed by a Municipal Law Enforcement Officer, a Municipal Law Enforcement Officer shall issue a Notice of Contravention in writing to the registered owners of the property outlining the specifics of the alleged contravened. i. The Notice of Contravention will further contain options for compliance. li. The Notice of Contravention will also allot thirty (30) days by which one of the options for compliance must be exercised. iti, Upon written request and payment of any necessary fee or charge, a compliance date may be extended by the CAO at their sole discretion. 3.9 Notwithstanding Section 3.8 of this Policy, in situations where the contravention represents a significant risk of liability to the Municipality or where a contravention poses significant risk to the health safety and well-being of persons, following consultation with the CAO, a Municipal Law Enforcement Officer may immediately proceed by way of charges. 3.10 After the time limit has expired in the Notice of Contravention pursuant to Section 3.8 of this Policy, a Municipal Law Enforcement Officer may return to the site to determine if compliance has been accomplished. 3.11 When compliance with the Notice of Contravention is confirmed, a Municipal Law Enforcement Officer shall enter the complaint's finalized date in the Complaints Database and close the file. 3.12 If the Notice of Contravention has not been complied with within the specified time period, a Municipal Law Enforcement Officer shall review the non- compliance with the CAO. 3.13 Following discussions with the CAO pursuant to Section 3.12 of this Policy, a Municipal Law Enforcement Officer shall determine whether to proceed with the actions necessary to address the situation in accordance with Municipal By-laws or otherwise. Schedule `A' Municipality of Bayham By-law 2023-075 If legal action is required, a Municipal Law Enforcement Officer shall recommend to the CAO to proceed with legal action when it appears obvious compliance is not forthcoming. At any stage of the enforcement process, if, in the opinion of the CAO the matter is of significant consequence, the matter may be brought before Council for direction. 3.14 Spite Complaints, shall not be accepted and/or investigated by a Municipal Law Enforcement Officer. 3.15 A failure to comply with any provision of this Policy shall not vitiate any proceeding or any step, document or order in a proceeding otherwise in accordance with any Municipal By-law, Provincial, or Federal Legislation. 3.16 Any decision made under this Policy including a decision not to respond to a Formal Complaint or enforce by-laws, and also including a decision made by the CAO, may at any time be revisited. Section 4 — Level of Involvement 4.1 When in receipt of any and all Formal Complaints, a Municipal Law Enforcement Officer is delegated the sole absolute and unfettered discretion to determine an appropriate level of response to said complaints. The level of response by a Municipal Law Enforcement Officer may include a decision to act on some or all of the complaints, to not act on some or all of the complaints, or to assign priority to some or all of the complaints. In making a decision on the appropriate level of response to said complaints, a Municipal Law Enforcement Officer shall have regard to the following criteria: i. safety factors; ii. history of attempts for compliance made by a Municipal Law Enforcement Officer; iii. available resources, including financial resources; iv_ potential impact of not responding; V. offer for formal mediation; A. coordinating involvement with other relevant agencies; vii. likelihood of achieving compliance; viii. Municipal jurisdiction and authority; ix, other enforcement avenues including civil processes. 4.2 Complainants are protected under the Municipal Freedom of Information and Protection of Privacy Act and every complainant will be kept completely confidential and not be intentionally divulged to any member of Council, non- essential municipal staff, the public or media unless so ordered by a Court or other tribunal or body of competent jurisdiction. Persons who are the subject of a complaint are also protected under the Municipal Freedom of Information and Protection of Privacy Act and every subject of a complaint will be kept confidential and not be intentionally divulged to any member of Council, non- essential municipal staff, the public or media unless required for investigation Schedule `A' Municipality of Bayham By-law 2023-075 purposes or so ordered by a Court or other tribunal or body of competent jurisdiction. 4.3 Pursuant to Section 4.2 of this Policy, once a Formal Complaint has been filed, other than acknowledgment of receipt of the complaint, no follow up, involvement, information or correspondence regarding the complaint shall be provided to the complainant as the process is protected by the Municipal Freedom of Information and Protection of Privacy Act. 4.4 No delegations to Council shall be permitted by any person concerning, or with the subject matter, of a Formal Complaint. 4.5 Pursuant to Section 4.1 of this Policy, any decision made or course of action chosen shall not constitute Municipal Approval of an alleged Zoning Contravention. A court proceeding or investigation may be commenced at any time, as long as an alleged contravention still exists. Section 5 — Application .1 This Policy shall come into full force and effect on the day it is adopted by the Council of The Corporation of the Municipality of Bayham. Section 6 — Administration 6.1 This Policy shall be administered by the Municipal Law Enforcement Officer.