As the new year rolls in, Centre Wellington is beefing up its ability to enforce municipal bylaws.
Though there have been off and on discussions over the years, the township is moving ahead in 2018 to include a full-time municipal bylaw enforcement officer.
As part of a report to council during the 2018 operating budget deliberations it was noted that for several years both council and staff have discussed the need to provide improved support for the growing community with municipal law enforcement.
Currently, township building officials fulfill this role, in part regarding selected bylaws – as time allows.
However, as the community continues to grow, that time has been limited.
Staff have reviewed a bylaw enforcement strategy for implementation in 2018 and reported to council on Oct. 23.
Financial manager/deputy treasurer Mark Bradey noted the 2018 budget included a small provision for revenue and fines, but that would be looked at in 2019 once the township bylaws have been updated.
Councillor Kirk McElwain asked if this person could also serve as a building inspector.
“I just can’t see us needing a full-time bylaw enforcement officer yet,” he said.
Managing director of corporate services Dan Wilson said the person would definitely not be a building inspector.
He added that with the current backlog of bylaw enforcement in Centre Wellington, a full-time position was needed.
Potentially, the township could extend the service to other communities once it is firmly established here.
Councillor Stephen Kitras asked to defer the move to a future year – after all the municipality’s bylaw are updated.
“I think we should see the bylaws and how they are put together, then decide,” he said.
Mayor Kelly Linton noted this position was added to the budget by staff following a strong recommendation from council.
Linton said the township continues to get a significant number of calls regarding both bylaw enforcement and the timelines in which those concerns are being addressed.
“Right now it is sitting on the building officials to try to handle this on the side of their desks. I don’t think we will have any problem at all making sure this person plate (workload) is full,” he said.
“I am 100% with moving this to a full-time position as fast as we can.”
Clerk Kerri O’Kane said the bylaws under review are being rewritten and reviewed to have fines affixed so that the bylaw enforcement officer can lay fines if necessary.
She noted the direction of council was to first seek voluntary compliance with township bylaws.
But even voluntary compliance requires a great deal of work, paperwork, inspections, meetings and negotiations O’Kane explained.
In addition, there would be the work involved with the laying of charges and court appearances.
O’Kane said that between property standards and zoning bylaws, there are currently about 60 cases to be dealt with.
Councillor Fred Morris asked if other options were considered as to how to address this issue.
He said some communities have managed to initiate a community-driven process of enforcement.
CAO Andy Goldie noted council requested staff bring the inclusion of the position forward in the 2018 budget.
Councillor Mary Lloyd noted there was discussion at the Oct. 23 meeting.
While there was not 100 per cent agreement with the resolution, Lloyd said the decision was to move forward with this as a full-time position.
The resolution was to hire someone to review the bylaws and to bring forward information on a full-time officer.
Councillor Steven VanLeeuwen asked for specific information as to what revenues could be achieved by the municipality.
“If we lay charges, where does the revenue go?”
O’Kane said this is not as much about generating revenues, but having bylaws enforced.
She noted with animal control bylaws if the matter goes to court it can cost the municipality $1,000 to recoup a $100 charge.
“The fact of the matter is that we have bylaws which are not being enforced, and people know they are not being enforced,” Linton said.
“We have frustrated property owners. The problem is that all the bylaw enforcement responsibility is currently on the building department which overtaxed right now.
“We need to have the capacity to enforce our bylaws.”
VanLeeuwen agreed this is an issue which keep coming up year after year.
“This might be a good time to hit the issue head on,” he said. “We should move forward with this.”
Councillor Don Fisher had no doubt there is enough work for a full-time bylaw enforcement official.
“Once it is known we have the capacity,” Fisher said he anticipates the workload will only increase.
He also noted there is an initial cost to set up the system which includes the bylaw review.
Right now, Fisher said the only way to enforce a bylaw is going to court where a lot of costs are involved.
“Once you are in the position to issue tickets, you do get more revenue back.”
Fisher agreed it may still not be enough to cover the costs, but as the process matures, “the imbalance of costs and revenues will shrink,” he said.
“More importantly, we will see our ability to enforce bylaws drastically increase.”
Kitras contended this could still be accomplished with citizen initiatives to reconcile differences.
Linton said, “we need to have the capacity to enforce the bylaws we believe are important to us.”
Fisher agreed there are alternative ways to enforce bylaws.
“But if you look carefully, you will find that there is a credible enforcement system in place,” he said.
Kitras countered that once a bylaw officer can issue fines, there is no need to negotiate.
A motion by Kitras to defer the hiring until 2019 was defeated.
The subsequent motion to move ahead with the hiring of a full-time bylaw enforcement officer was carried.
