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Town of Greater Napanee
Policy No. PO-2009-01
By-law Enforcement Policy
Resolution/By-law: #39/09
Effective Date:
February 10, 2009
Revised:
February 13, 2018
1. POLICY STATEMENT/PURPOSE
The purpose of the policy is to set a consistent approach to by-law enforcement that
can be supported by staff and communicated to members of the public.
2. APPLICATION
This policy applies to all by-laws of the Town of Greater Napanee and any requests
for enforcement received by the Town.
3. DEFINITION
For the purpose of this policy, the definition of Property Standards are the standards
of physical conditions and occupancy of a building or structure or part of a building
or structure, and includes the lands and premises belonging thereto and all mobile
homes, mobile buildings, mobile structures, out buildings, fences and erections on
or before now erected and includes vacant property.
4. GENERAL
(i) Resolution of violations through cooperation as opposed to formal court or other
action should always be the preferred solution. All violations should be
approached with this intent, and the cooperation of the offender should be sought
first in every instance.
(ii) The order in which different violations or issues are addressed should be in
consideration of:
- The date the request for investigation and enforcement was received;
- The severity of the violation; and
- The risk to public health and safety.
The health and safety issues should always be considered promptly. Less
serious issues should be deferred in favour of the health and safety issues, until
time and resources permit.
Town of Greater Napanee
By-law Enforcement Policy
Page 2 of 6
(iii) Any action that would result in Town staff or Town contractors entering onto
private lands and expending public monies should be reported to Council prior to
such action being undertaken.
There are two exceptions:
(a) Where circumstances do not afford time to have a matter presented to
Council, in which case staff may proceed with the approval of a General
Manager, the Clerk or CAO; or
(b) Where the money to be expended is anticipated to be minor (less than
$2,000).
It is understood that in such circumstances, monies expended by the Town would
be added to the tax roll and collected in like manner as taxes according to
legislative requirements.
(iv) Requests for investigation and enforcement from the public or members of
Council will be processed only if provided to staff in written form, either in print or
email, including the online "Report an Issue" form on the Town's website. The
names of requestors will be kept confidential, unless authorized for release by
the requestor or unless required for prosecution.
(v) If the request for investigation and enforcement cannot be resolved through
negotiations within a reasonable amount of time, then set fines will be issued, if
possible, prior to proceeding with court action. Any formal action proposed by
staff to address an infraction which could have legal implications for the Town
should first be reviewed with the Town's solicitor, as required.
(vi) Requestors will be notified within 5 to 10 business days by the Town, in the form
of an email, fax or letter (depending upon the requestor's preferred contact
method) that the requestor's complaint has been received and will be
investigated. The Town will contact the requestor within 30 calendar days with a
formal answer/response to the complaint.
5. CLASSES OF INFRACTIONS
(i)
Class 1 Infractions:
Class 1 Infractions have public health, safety or property damage implications,
where a risk to humans, human use or activity exists.
1. Action on Class 1 infractions may be initiated pursuant to a request for
investigation and enforcement or through staff becoming aware of an issue by
any means.
Town of Greater Napanee
By-law Enforcement Policy
Page 3 of 6
2. Staff should address Class 1 infractions forthwith and assertively upon becoming
aware of such an infraction.
3. Formal action by staff to resolve the matter and protect the safety of the public
(i.e. entering onto private lands to remedy the matter, laying of charges, issuing
notices of violation or orders) is authorized, in keeping with the general
parameters of this policy directive.
4. Some examples of Class 1 infractions would include, but not be limited to:
Examples of Class 1 Infractions
Enforcement by
- Issues of inadequate entering/exiting from
residential units in multi-unit dwellings,
including inadequate or unsafe hand railings
and balustrades on stairways
- Development Services
(Building Department)
- Unsafe dwellings (i.e. either structural or
from a health and safety perspective)
- Development Services
(Building Department)
- Blocked, locked or inadequately signed fire
exits
- Emergency Services
(Fire Department)
- Lack of or non-operative smoke detectors
- Emergency Services
(Fire Department)
- Abandoned refrigerators or trunks located
outside with operative latches
- By-law Enforcement
- Failure to adequately fence an outdoor pool
- Development Services
(Building Department)
- Unsafe building/structures which could
collapse or from which parts of the building
could become dislodged causing injury
- Development Services
(Building Department)
- Signs which block visibility around points of
entering/exiting to a public street or
sidewalk
- Development Services
(Building Department)
- Unsafe electrical or plumbing conditions
which could pose a health and safety
concern
- Development Services
(Building Department)
- Dogs running at large on public highway
- By-law Enforcement
Town of Greater Napanee
By-law Enforcement Policy
Page 4 of 6
Examples of Class 1 Infractions
Enforcement by
- Cars parked blocking fire routes
and disabled parking spaces
- By-law Enforcement
- Prohibited burning
- Emergency Services
(Fire Department)
- Any other property standards
issues that have public health and
safety or property damage
implications, where a risk to
humans or human use, health or
activity exists
- Development Services
(Building Department)
(ii)
Class 2 Infractions:
Class 2 infractions have significant negative implications on the value or character
of a neighbourhood but would not pose a significant risk to public health, safety or
property damage. In general, such infractions would usually affect quality of life
issues where only a minor risk to humans, human use or activity exists.
1. Action on Class 2 infractions will be based on a request for investigation and
enforcement; however, staff may initiate action without a request for investigation
and enforcement with the approval of or pursuant to the Clerk or By-law
Enforcement Officer.
2. Staff will pursue such infractions persistently, mainly by strongly encouraging the
owner to fix the matter.
3. It is often appropriate to establish an ample timetable or schedule for the owner
to remedy the matter in a timely manner. Staff will work cooperatively with
owners to establish such plans.
4. Staff will recognize reasonable requests for extensions to complete work with just
cause.
5. Formal action (i.e. entering onto private lands to remedy the matter, laying of
charges, issuing notices of violation or orders) will only be initiated by staff when
it is clear the owner has no intention of fixing the problem or does not have/is
unlikely to have the issue taken care of within a reasonable amount of time.
Town of Greater Napanee
By-law Enforcement Policy
Page 5 of 6
6. Some examples of Class 2 infractions would include, but not be limited to:
Examples of Class 2 Infractions
Enforcement by
- Zoning violations
- Development Services
(Planning Department)
- Decrepit or shabby buildings which do not
pose immediate threat to public health and
safety, but which pose risk of serious
deterioration if not attended to, or which are
visually obtrusive
- Development Services
(Building Department)
- A property with extensive rubbish or clutter
- By-law Enforcement
- Outside storage of inoperative vehicles
- By-law Enforcement
- Abandoned or unsafe buildings which are
not secure from unauthorized entry
- Development Services
(Building Department)
- Significantly altering natural or engineered
drainage patterns
- Development Services
(Building Department)
- Cars parked in breach of parking by-law
- By-law Enforcement
- Minor yard waste/garbage issues where
potential vermin problems may develop
- By-law Enforcement
(iii)
Class 3 Infractions:
Class 3 infractions do not have public health, safety or property damage implications
that pose a risk to humans, human use or activity and tend to not have significant off-
site implications. Such violations tend to be more cosmetic in nature.
1. Action on Class 3 infractions will be undertaken based only on a request for
investigation and enforcement, or pursuant to a habitual problem for which
requests for investigation and enforcement have been received in the past.
2. Staff will address Class 3 infractions by ensuring that owners have every
opportunity to bring circumstances into conformity before more formal
procedures are initiated.
Town of Greater Napanee
By-law Enforcement Policy
Page 6 of 6
3. First time violators should be treated with consideration and approached with
understanding. Staff will assist to ensure the owner has the information and the
time necessary to resolve the matter.
4. Formal action (i.e. entering onto private lands to remedy the violation, laying of
charges, issuing notices of violation or orders) should only be considered where
all other avenues to resolve the matter have been exhausted and it is apparent
that failing to take formal action could jeopardize the interests of the Town and
the public. Formal action may be initiated more readily for repeated violators, but
only after giving the opportunity to comply.
5. Some examples of Class 3 infractions would include, but not be limited to:
Examples of Class 3 Infractions
Enforcement by
- Grass cutting or weed
violations
- By-law Enforcement
- Maintenance of fences,
accessory buildings (i.e. sheds
or garage) and structures
- Development Services
(Building Department)
- Nonconformity of the Town's
sign by-law where structural or
sight-line issues do not exist
- Development Services
(Building Department)
- Inadequate finishing or
leveling of a site where
significant off-site drainage
issues do not exist
- Development Services
(Building Department)
- Yard waste/garbage issues
- By-law Enforcement
- Noise violations
- By-law Enforcement
- Altering a heritage building
without obtaining necessary
approvals
- Development Services
(Building Department)
- Any other minor property
standards or yard
maintenance issues that do
not have health, life, safety or
property damage implications
that pose a risk to humans,
and tend to not have
significant off-site implications
- By-law Enforcement