Municipal By-law Enforcement for the Etobicoke District
The Etobicoke Community Council recommends that:
(1) City Council request the Provincial government to take action to support higher
sentences for Building Code and municipal by-law offences, including providing
educational opportunities for the judiciary, and that the Province communicate the
concerns of municipalities regarding the minimal sentences being imposed by judges and
justices of the peace regarding these infractions; and
(2)the Association of Municipalities of Ontario to be requested to support the
foregoing recommendation and to solicit the endorsement of its member municipalities.
The Etobicoke Community Council reports, for the information of City Council, having
requested the Director of Building and Deputy Chief Building Official, and the District
Manager, Municipal Licensing and Standards, West District, to convene a workshop in the
early Fall of 1999 with representatives of ratepayer associations throughout the Etobicoke
District to discuss what other issues of concern need to be addressed.
The Etobicoke Community Council submits the following joint report (May 26, 1999)
from the Director of Building and Deputy Chief Building Official, and District Manager,
Municipal Licensing and Standards, West 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,
West 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.IraNishisato, 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:
Bruce Ashton, P.Eng.David Roberts
Director of Building andDistrict Manager
Deputy Chief Building OfficialMunicipal Licensing and Standards
West DistrictWest District
Tel.: 394-8006; Fax:394-8209Tel.: 394-2532; Fax: 394-2904
