The City of Orillia is looking into ways to crack down on “chronic problem properties” that have household waste, unlicensed vehicles, and other things scattered about their lawns.
At Monday’s council meeting, Coun. Janet-Lynne Durnford tabled a report seeking council’s support for an 18-month pilot project that aims to keep more properties around the city clean and clear.
Durnford would like to see proactive enforcement of Chapter 834 of the city’s municipal code, which requires property owners to keep their yards clean and clear of waste, such as unlicensed vehicles, grass taller than eight inches, and household and industrial waste.
"By chronic problem property, we (mean) properties that ... have garbage that accumulates outside causing health hazards, rodent infestations. needles on the property and around the property, those kinds of concerns," she said.
Currently, Chapter 834 is enforced on a primarily reactive basis, where residents find they need to band together and file numerous complaints before problem properties are addressed by bylaw enforcement officers, Durnford said.
“I think that that sets up situations in neighbourhoods that are not always positive,” Durnford said. “It's also putting the responsibility for monitoring those properties on the neighbours and the neighbourhood.”
Durnford said the issue was brought forward by several constituents who have had ongoing issues with problem properties in their neighbourhoods.
Under the pilot, complaints will need to be filed against a property three times over a two-year period, at which point bylaw enforcement will step in to address the issues.
“From my perspective, this is a change in process rather than an increase in enforcement,” Durnford said. “The 18-month pilot program would enable us to assess the cost of this change and then go from there."
As per municipal and provincial legislation, the city has the authority to enter a property and address issues with non-compliance of Chapter 834, at the property owner’s expense, provided the property owner has failed to comply with an order to address any issues.
Fines for non-compliance could range from a $200 set fine from bylaw enforcement, to a $5,000 fine – the maximum amount that could be imposed in an Ontario court.
Council supported the idea, in principle, and directed city staff to report back with an implementation plan for council’s consideration.
Similar plans to enforce Chapter 834 were voted down by council twice before, in 2017 and 2019.
“When this came to council the last time, I had voted against because I was very worried it could become intrusive,” said Coun. Jay Fallis. “I really like the addition of ensuring that officers have to attend the site a few times prior to it being eligible for proactive enforcement … and I think it was a very reasonable way to address this.”
Shawn Crawford, the city’s manager of legislative services, expressed some concern about the staffing requirements to proactively enforce the issue.
“Bylaw complaints have tripled in the past 10 years and we haven't brought on any additional staff,” he said. “I'm still a little concerned that we won't have the resources to really implement this, but I don't know for sure until we get going.”
Mayor Don McIsaac, however, failed to see a difference between the two enforcement strategies.
“I think the difference between today when you're reactive, and tomorrow when you're proactive, is there's no difference at all,” he said. “It's just you have an extra tool in your belt if you decide to use it.”
