By-law Enforcement, Licensing and Regulatory Services Grandview Area Resident's Association AGM Michael Killingsworth Deputy City Clerk Wednesday ...
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By-law Enforcement, Licensing and
Regulatory Services
Grandview Area Resident’s
Association AGM
Michael Killingsworth
Deputy City Clerk
Wednesday, October 28, 2020
1
Presentation Outline
1. Introduction 8. Rooming Houses & Short Term
2. Who We Are Rental Accommodations
3. What We Do (Airbnb's)
4. The Municipal Law 9. Noise & Nuisance Complaints
Enforcement Process 10. Tall Grass & Weed Complaints
5. Operations During the 11. Tree Removals
COVID-19 Pandemic 12. Fence By-law
6. Animal and Wildlife Services 13. School Zone Enforcement
7. Extended Driveway By-law 14. Wrap Up
2006-96
2
Introduction
• I was appointed as Deputy City Clerk-By-
law Enforcement, Licensing and Regulatory
Services effective July 9, 2018.
• I provide strategic planning, direction,
recommendations and advice to the City
Clerk, Council, and Senior Management
with respect to governance issues and
legislative/regulatory compliance.
3
Who We Are
• Markham Municipal
Law Enforcement (By-
law) Officers are
designated as Peace
Officers under the
Ontario Police Services
Act and as such are
Provincial Offences
Officers.
4
What We Do
• We provide reactive enforcement
services for all the City's regulatory
and licensing by-laws; except the
Building Applicable By-laws.
• This division is also responsible for
Enforcement of Parking Control.
• As well as the formal complaints,
staff also resolve a large number of
issues and inquiries over the phone,
or by email providing details related
to regulations and licensing.
5
What We Do
Your Community Partners
• Markham officers are also
members of your
community.
• Better than 50% of my
staff live in Markham and
often contribute their time
to charitable causes such
as the Markham Food
Bank.
6
The Municipal Law Enforcement Process
• Municipal Law Enforcement is based on three fundamental
principles: Awareness, Education, and Enforcement.
• The primary goals of by-law enforcement and business licensing
compliance in municipalities are to ensure safe and consistent
standards and to maintain community harmony.
• Like most, if not all municipalities, the By-law Enforcement,
Licensing and Regulatory Services Division does not generally
provide proactive enforcement to confirm compliance with all
potentially applicable by-laws or business licensing requirements.
7
The Municipal Law Enforcement Process
• By-law violations on public property or roadways such as parking
control are generally enforced proactively.
• Private property violations such as Property Standards are most
often investigated in response to complaints.
• The City promotes an enforcement philosophy that seeks voluntary
compliance in respect of by-laws and business licensing.
• Currently, offenders are usually provided with an opportunity to
comply with a by-law or business licensing requirement.
8The Municipal Law Enforcement Process
• Charges are generally seen as a tool to be used only where
cooperation and compliance cannot be achieved through other
means.
• Enforcement based on education and warnings is not appropriate in
all circumstances. More direct enforcement approaches including
immediate charges or ticketing may occur in some situations,
namely:
• An infraction is occurring on public property or roadways (parking
offences, dogs off leash etc.);
9The Municipal Law Enforcement Process
• Environmental or human health, safety, safety or security are at risk;
• Enforcement follows a widespread public awareness campaign;
• The Division has prioritized direct enforcement to address a specific
issue or type of issue (blitzes);
• Where the offender knows or ought to have known their conduct
contravenes the City’s By-laws (noise and other nuisances) or is a
repeat offender.
10Operations During the COVID-19 Pandemic
• At the current time, the By-law Enforcement Division remains
designated as an essential service.
• With the fluidity that continues to happen with respect to the
response to the COVID-19 pandemic by all levels of government,
there is a high likelihood that our business model will continue to
evolve and has been.
• The City continues to receive By-Law Enforcement, Business
Licensing, and Animal Services inquires by telephone or email.
• The City continues to work with our partners at York Regional
Police, Public Health and our neighbouring municipalities on
COVID-19 compliance.
11Operations During the COVID-19 Pandemic
• The By-Law Enforcement Division will review all inquiries and
complaints to ascertain whether it is safe to arrange for a face-to-
face meeting to maintain essential services. Non-essential services
and business licensing issuance and renewals may be deferred to a
later date on a case-by-case basis at the discretion of the Deputy
City Clerk-By-law Enforcement, Licensing and Regulatory Services
in consultation with executive leadership at the City.
• Markham’s team of Property Standards and Licensing Officers are
on duty 7 days a week from 8a.m. until 1130 p.m., and Parking
Control Officers are on duty 7 days a week, 24 hours per day.
12Operations During the COVID-19 Pandemic
• To report a By-law Enforcement or COVID- 19 compliance issue for
investigation, please contact us at 905.477.5530 or by email at
customerservice@markham.ca
• Residents and business owners are also encouraged to use the
City’s online suite of services found on our web portal at
www.markham.ca
13Animal and Wildlife Services
• Animal Services calls continue to be responded to on a case-by-
case basis by our service provider, the Ontario Society for the
Prevention of Cruelty to Animals (OSPCA). In partnership with the
OSPCA, City of Markham Wildlife rehabilitation services continue to
be offered by our service provider, Shades of Hope Wildlife Refuge
Centre.
• The Markham Cat Adoption and Education Centre located at the
Thornhill Community Centre has been closed and all animals
transferred to the OSPCA provincial shelter and adoption centre
located at 16586 Woodbine Avenue, Stouffville.
14Animal and Wildlife Services
• After careful consideration and research to determine the safest way
to resume adoptions during COVID-19, the OSPCA and Humane
Society is conducting limited contact adoptions at its animal centre
in Stouffville. More information on pet adoptions may be found on
the OSPCA website at https://ontariospca.ca/covid-19-limited-
contact-adoptions/
• To report a concern or for more information on any of the services
provided by the OSPCA, visit their website at https://ontariospca.ca/
or call 310.SPCA (7722).
15Extended Driveway By-law 2006-96
• In most cases, the By-law allows for:
parking two cars (or vans or non-commercial trucks) in front of a
single-car garage, and
three cars in front of a two-car garage.
16Extended Driveway By-law 2006-96
• Widening your driveway to accommodate this is allowed, up to a
point.
• The guidelines outlined are aimed at preserving the beauty of
Markham’s residential neighbourhoods and prevent the excessive
paving of properties, which may:
cause the loss of storm-water absorption surfaces (lawns and
gardens) which increases the potential for flooding; reduce
available snow storage areas, leading to higher clearance and
maintenance costs;
contribute to the unsightliness of derelict and commercial
vehicles in driveways.
17Extended Driveway By-law 2006-96
• You can estimate the maximum width of your proposed extension by
measuring the width of the existing garage door, or doors;
• This width is measured across the face of all garage doors and
includes any middle brickwork;
• In most cases, you can extend your driveway up to 2 metres (6’ - 6”)
in width beyond this measurement;
• If your frontage is less than 6.10m (20 feet) you are restricted to the
size of you expansion.
18Extended Driveway By-law 2006-96
Important Points To Consider:
• A permit is not required to extend your driveway;
• You are responsible for ensuring the extended driveway meets the
By-law standards;
• Driveway contractors must be licensed by the City (By-law 2006-
314);
• If you home is on a smaller lot, less that 10.1 metres across, the
driveway extension must preserve 25% of the soft landscaping
(grass, gardens, bushes etc.);
• If you home is on a larger lot, 10.1 metres or more across, the
driveway extension must preserve 40% of the soft landscaping.
19Extended Driveway By-law 2006-96
• Please contact the By-Law Enforcement Division for
information and guidelines before starting work.
905-479-7782
20Rooming Houses and STRAs
Definitions
“Rooming House” means:
• a building where 3 or more lodging rooms are provided in return for
remuneration or services (or both) and where lodging rooms do not
contain both bathroom and cooking facilities for the exclusive use of
individual occupants, but does not include a residential use with
support service or a Short Term Rental Accommodation”
21Rooming Houses and STRAs
“Short Term Rental Accommodation” means:
• an establishment that operates as or offers a place of temporary
residence, lodging, or occupancy by way of concession, permit,
lease, license, rental agreement or similar commercial arrangement
for overnight accommodation, for one or more periods of less than
30 consecutive days, and shall not include a Bed and Breakfast.
22Rooming Houses and STRAs
• Markham’s Official Plan contains policies with respect to shared
housing and bed and breakfasts, however, there are no specific
policies with respect to Rooming Houses or Short Term Rental
Accommodations (Airbnb's).
• Rooming Houses and Short Term Rental Accommodations are
generally not permitted within the City of Markham as they are not
listed as a permitted use in any zoning designations in Markham.
• As such, obtaining permission for a STRA would require the
approval of an Official Plan Amendment and Zoning Amendment.
23Noise and Nuisance Complaints
• All of the current provisions of the City’s Noise By-law continue in
force with the following exceptions as ordered by the Province of
Ontario in response to the COVID-19 emergency.
Noise In Connection With Construction
• By Order of the Province of Ontario, all permitted construction is
allowed to take place between the hours of 6 am and 10 pm, seven
days a week until October 7, 2021.
24Noise and Nuisance Complaints
• In addition, all construction projects and services associated with the
healthcare sector are currently not subject to the provisions of the
City of Markham Noise By-law.
• This means that construction activities in regards to new health
facilities, expansions, renovations, and conversion of spaces that
could be repurposed for health care space may take place 24 hours
a day.
25Noise and Nuisance Complaints
Noise In Connection With The Delivery of Goods
• By Order of the Province of Ontario, all retail establishments are
exempt from the regulations of the City of Markham’s Noise By-law
pertaining to deliveries. This means that deliveries can take place at
any time of day to ensure store shelves are stocked with essential
goods until September 19, 2021.
26Noise and Nuisance Complaints
• Residents wishing to report any disturbances or violations of the
City’s Noise By-law are encouraged to direct their concern to the
Contact Centre. If the disturbance is particularly egregious or
serious, residents are encouraged to call the York Regional Police
Non-Emergency Number at 1-866-876-5423.
27Noise and Nuisance Complaints
• By-law 2017-74 regulates Noise in the City of Markham;
• By-law 2018-55 regulates Public Nuisances in the City of Markham;
• In order to make a determination if there is in fact a violation of a
City of Markham By-law, we require evidence regarding the noise or
nuisance and how it is affecting quality of life. Noise in itself is not
illegal but there are times and locations where the noise may be a
violation;
28Noise and Nuisance Complaints
• The City’s By-laws are in place to deal with unreasonable or
excessive noise. Therefore, in order to assist with complaints, we
require detailed information (written notes) that will allow us to
demonstrate to the Courts that the noise the complainant is
concerned about is in fact unreasonable or excessive;
• We request that noise logs be completed which include a description
of the noise, start/finish times, and the date of occurrence;
29Noise and Nuisance Complaints
• When assessing whether or not the noise is unreasonable or
excessive, we ask complainants to address the following when
completing the logs:
Can I identify the noise and where it is coming from?
What is the likelihood of the noise continuing or is the noise
necessary due to an unusual set of circumstances and therefore
not likely to re-occur?
Is it possible that the person responsible for the noise does not
realize I am being disturbed? Should I first speak to the person
and give them an opportunity to correct the problem?
30Noise and Nuisance Complaints
How is the noise bothering me; is it interfering with my day-to-
day lifestyle? Describe;
Are you aware if the noise is disturbing other people in the
neighbourhood? If so, are they prepared to come forward and
give evidence in Court, if necessary?
31Noise Exemptions
• I am authorized by City Council to grant exemptions to the Noise By-
law upon review of the request of prohibitions listed below.
• This exemption is provided in writing to the applicant with several
conditions including adequate notification of nearby residents
• All other requests must be approved by City Council.
Schedule Prohibition Maximum Exemption
2 The detonation of fireworks Midnight
2 The operation of any electronic device for Midnight
amplified noise
2 Yelling, shouting, hooting, whistling or singing None
2 Noise in connection with Construction None
32Tall Grass and Weeds Complaints
• By far, Tall Grass and Weeds Complaints
constitute the highest number of By-law
complaints received by the City each year.
• The Keep Markham Beautiful By-law (2017-
27) requires property owners in the City to
maintain ground cover (organic or non-organic
material that covers the ground, and includes
concrete, flagstone, gravel, asphalt, grass or
other form of landscaping) to a maximum of
15 cm (6 inches).
• Each year, the City communicates to residents
through social media and other platforms, the
requirement to keep ground cover to a
maximum of 15cm (6 inches).
33Tall Grass and Weeds Complaints
• Student resources are also utilized in the By-law Enforcement,
Licensing and Regulatory Services Division to deliver Keep
Markham Beautiful information cards to residents in particularly
problematic areas where the City has received a high volume of
complaints regarding tall grass and weed (primarily dandelion)
growth.
34Tall Grass and Weeds Complaint Enforcement
Where there is NO previous history of a similar violation, the following
process is followed:
• A Caution Notice is Issued and the property owner given 48-72
hours to comply based on weather.
• Where compliance is not achieved, an Order is issued with a $65
service fee invoice. A 10-day compliance deadline is imposed, as
time must be given for mail service.
• If compliance is still not achieved, the City’s contractor is engaged
within 48-72 hours dependant on weather.
• The cost to bring the property into compliance is invoiced to the
property owner or added to the tax roll.
35Tall Grass and Weeds Complaint Enforcement
Where a complaint is received and it is determined that the property is
a repeat offender from the previous year, the following process is
followed:
• Enforcement proceeds directly to an Order with the $65 service fee
invoice. A 10-day compliance deadline is imposed, as time must be
given for mail service.
• If compliance is still not achieved, the City’s contractor is engaged
within 48-72 hours dependent on weather.
• The cost to bring the property into compliance is invoiced to the
property owner or added to the tax roll.
36Tall Grass and Weeds Complaint Enforcement
Where multiple complaints are received within the same season/year,
the following process is followed:
• No Caution Notice or Order is issued. The City’s contractor is
engaged within 48-72 hours dependent on weather. The cost to
bring the property into compliance is invoiced to the property owner
or added to the tax roll.
• Charges pursuant to the Keep Markham Beautiful By-law are filed
against the property owner.
37Tall Grass and Weeds Complaint Enforcement Vexatious Complaints • Vexatious complaints typically occur when a resident has received a Caution Notice or Order or feel they are being proactive by doing a “walkabout” in their neighbourhood. In extreme cases, some complainants have driven throughout the City and filed dozens of complaints at one time. • In these cases, staff will address all violations found to be within 5 properties of the complainant’s property and notify the complainant of the response. Action beyond this measure is too onerous on the Division’s resources. Staff want to ensure the ability to address those non-compliant properties that reasonably affect the complainant’s property by distance. 38
Tree Removals
CALL BEFORE YOU CUT OR PRUNE!!- A PERMIT MAY BE REQUIRED
• For trees on private property, property owners must apply for a permit
before injuring or destroying any tree in Markham with a trunk diameter
of 20 centimetres (about 8 inches) or more, measured at 1.37 metres
(about 54 inches) above the ground at the base of the tree.
• Further, property owners are also required to apply for a permit to
injure, if pruning a tree more than 30%.
• Anyone contravening the Tree Preservation Bylaw and found guilty of
an offence will be subject to penalties.
39Fence By-law
• By-law 277-97 is a By-law for prescribing the height and description
of lawful fences in the City and for determining how the cost of
divisional fences shall be apportioned between property owners.
• However, the City provides a process for residents to apply for an
exemption from the By-law online. The application process has three
steps:
• Step One
The applicant provides the required information on the screens that
follow including the location and fence type for the exemption.
40Fence By-law
• Step Two
By-Law Enforcement staff will review the application to determine
eligibility and set up for a property inspection. The applicant at this
time may be required to provide further documentation as listed in
the process.
• Step Three
The applicant is then advised by call and provided with certification if
the application for the exemption is approved or declined. The
applicant will then receive confirmation or refusal of the exemption
and direction to then be taken.
41School Zone Enforcement
• Each school and school zone is unique and presents their own
challenges however, the safety of our children and pedestrians is
our number 1 priority.
• Municipalities and indeed the province are at a crossroads right now
in regards to school zone safety.
• Busses in the province are starting to be outfitted with cameras. As
well, photo radar in school zones is being implemented in Toronto.
• York Region is currently reviewing these options.
• Markham City government is not responsible for rolling out photo
radar or school bus cameras but we can certainly can advocate for it
at the regional level.
42School Zone Enforcement
• However, what is in our control is local road traffic calming and
parking enforcement measures which traffic engineering routinely
investigate and implement changes– if warranted.
• The City’s Parking Control Unit enforces the provisions of the
Parking By-law as approved by Council.
• We actively participate with the Provincial and Regional Active Safe
School Travel Committees to encourage safe travel to and from
school.
• Although unpopular, municipalities including Markham have adopted
the “Education Through Enforcement” approach after numerous
incidents of serious injuries and death (including one in 2018 in
Markham) to best protect our students and care givers.
43Wrap Up
The By-law Enforcement, Licensing &
Regulatory Services Division endeavours
to keep Markham safe and appealing while
preserving property standards for
residents. The division has dedicated
resources to matters pertaining to the
investigation of all By-law complaints and
will continue to work with Corporate
Communications and our partners in other
City departments to proactively mitigate the
issues while enforcing the City’s By-laws
as appropriate in the circumstances.
44QUESTIONS?
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