May 26, 1999
To:Chairman and Members, Etobicoke Community Council
From:Bruce Ashton, Director of Building and Deputy Chief Building Official, Etobicoke/York
and David Roberts, District Manager, Municipal Licensing and Standards, Etobicoke/York
Subject:Municipal By-law Enforcement for the Etobicoke District
Purpose :
This report responds to the November 12, 1998 request of Etobicoke Community Council for the Deputy Chief Building
Official and the Manager, Municipal Licensing and Standards, Etobicoke-York District, and the City Solicitor, for a joint
report to the Community Council, to include recommendations for a mechanism by which citizens can be heard, and various
levels of fines for repeat and long-standing violations.
Funding Sources, Financial Implications and Impact Statement:
None.
Recommendation:
It is recommended that this report be received for information.
Council Reference/Background/History:
Mr. J. Hartman, President, Humber Valley Village Residents' Association, appeared as a deputant before Etobicoke
Community Council requesting a renewed commitment to ensuring full compliance with Etobicoke District by-laws and the
convening of a workshop for the development of constructive recommendations for a new approach to enforcement.
Comments and/or Discussion and/or Justification:
Building Division
The Building Division of Urban Planning and Development Services Department is responsible for the enforcement of the
Ontario Building Code Regulations, the Sign By-law, the Construction Fence By-law, the Swimming Pool Fence By-law,
and the Group Home By-law, primarily where applicable to new construction projects. Permit application review services
and permit issuance followed by inspection services define our primary role and function within the Department. The
Department's organizational vision includes elements which will offer customer centred service providing value added
services with clear, well defined processes that address community needs through knowledgeable/professional staff.
As have other divisions within the Department, the Building Division has undergone a significant downsizing of resources
in order to meet the budgetary reductions imposed across the City. A new management structure has been implemented to
better deal with issues that previously may have been a concern, and the definition of our business plan is underway.
The Humber Valley Village Residents' Association, through Mr. Jerry Hartman and Mr. Ira Nishisato, have identified a
concern respecting the lack of capacity on the part of the City to pursue enforcement beyond everyday infractions, in cases
of serious non-compliance. Management staff of the Building Division met with Mr. Hartman and Mr. Nishisato to further
discuss our approach to handling the chronic Building Code violators and the apparent "fait accompli" attitude towards
enforcement.
The division has now concluded the management and senior position placements and is presently undergoing a business
process review. The outcome of this review and the establishment of realistic service levels will be the final deployment of
staff resources and the continued implementation of programs.
Inspection and Enforcement Services
In terms of providing a more effective and efficient inspection and enforcement service, standardized forms and wording of
Orders along with appropriate procedures for their use are being developed to unify the former cities. A centralized court
services unit has been developed for the Department. Once implemented, this unit will improve the quality and
effectiveness of legal action in a uniform method across the City. As the unit would be seamless in terms of the district
boundaries, it will be familiar with chronic offenders and could advise the courts at the time of the hearing so that higher
fines could be aggressively pursued. Provincial Offence Ticketing (Part 1 Procedures) are also being considered to provide
for a more efficient enforcement service.
Municipal Standards
The Municipal Licensing and Standards Division of Urban Planning and Development Services is responsible for the
enforcement of a multitude of municipal by-laws. The majority of the complaints we investigate are associated with the
enforcement of zoning (land use) and property standards regulations. Although Municipal Licensing and Standards
enforcement staff do not enforce the Building Code as it relates to new construction, inspection staff in both Building
Services and Municipal Licensing and Standards do, and will continue to work closely together in the best interests of the
citizens of Etobicoke.
Currently, the Municipal Licensing and Standards Division is in the process of restructuring by-law enforcement services
City-wide. Although the new structure is not yet complete, District Managers have been appointed and, as far as day-to-day
operations are concerned, we are striving to improve service delivery to all our customers.
The concerns raised in the communication from the Humber Valley Village Residents' Association have been reviewed by
Municipal Licensing and Standards and we wish to assure the Association that our staff will work hard to maintain the
quality of life for our citizens by insuring that the City's by-laws are complied with. With respect to repeat offenders, we
agree with the Residents' Association that a clear message must be sent to deter on-going and repeated offences. In that
regard, when Municipal Licensing and Standards receives a complaint it will be investigated and upon confirmation of the
offence, the responsible party will be directed to comply forthwith. If compliance is not forthcoming, appropriate
enforcement action will be taken, including the laying of charges if necessary. Where a conviction is handed down, the
conviction will be recorded and should the offence be repeated, the Court (upon a subsequent conviction) will be advised of
any previous conviction(s). This in turn, should reflect the severity of the penalty handed down. It should be noted,
however, that although the Prosecutor may make submissions to the Court concerning penalty, the decision with respect to
the fine imposed rests with the Court.
Conclusions:
In conclusion, both the Building Division and the Municipal Licensing and Standards Division of Urban Planning and
Development Services are committed to ensuring compliance with the Ontario Building Code and City by-laws. Staff have
recently attended a town hall meeting of the Humber Valley Residents' Association to address any concerns and to advise
on the program changes and current procedures. Both David Roberts, District Manager, and Bruce Ashton, Deputy Chief
Building Official, West District, would be happy to meet with other local Associations to address any concerns they may
have from time to time.
Contact Name:
Writers' Names
Bruce Ashton, P.Eng.David Roberts
Director of Building andDistrict Manager
Deputy Chief Building OfficialMunicipal Licensing and Standards
West DistrictWest District
Tel.:394-8006Tel.:394-2532
Fax:394-8209Fax:394-2904
