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HomeMy WebLinkAboutLGS-017-25Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: May 5, 2025 Report Number: LGS-017-25 Authored By: Kristina Bergeron, Municipal Law Enforcement Manager Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: Report Subject: Administrative By-law Amendments – Site Alteration, Property Standards, and Traffic By-laws Recommendations: 1.That Report LGS-017-25, and any related delegations or communication items, be received; 2.That the By-laws attached to Report LGS-017-25, as Attachment 1, Attachment 2, and Attachment 3 be approved; and 3.That all interested parties listed in Report LGS-017-25, be advised of Council’s decision. Municipality of Clarington Page 2 Report LGS-017-25 Report Overview Staff are requesting Committee approval for three housekeeping By-law amendments. These minor adjustments are intended to enhance clarity and ensure the By-law regulations are consistent with the authorities outlined in the Municipal Act, Building Code Act , and Highway Traffic Act. 1. Background Minor By-law Adjustments 1.1 Municipal Law Enforcement staff are recommending minor administrative adjustments to the Site Alteration By-law 2024-017, Property Standards By-law 2007-070, and Traffic and Parking By-law 2014-059. These changes are intended to enhance clarity and align with enforcement procedures. 1.2 It is necessary that By-laws include language to provide for the recovery of expenses incurred by the Municipality when undertaking work needed to resolve violations and bring a property into compliance. The Site Alteration By-law and Property Standards By-law currently lack provisions to include administrative costs in such cases. 1.3 The draft amendments provide a mechanism to add administrative fees to the User Fee By-law, offering a streamlined approach to cost recovery. Traffic By-law Update 1.4 The Traffic By-law requires a minor update to authorize the issuance of parking infraction notices for the enforcement of violations at temporarily prohibited locations. These locations are marked with “No Parking” or “No Stopping” signs erected under Section 8. of Traffic and Parking By-law 2014-059 by the Chief of Police of the Durham Regional Police Service, a designate, or the Director/Designate. 1.5 The authority to install appropriate signage is already in place; however, without the proposed wording, enforcement efforts remain incomplete. Creating the offence for “parking or “stopping” where temporary signs have been erected is essential to ensure compliance with the signage, maintain public order, and promote safety. This step will bridge the gap between regulatory intent and enforcement capability, enabling the municipality to uphold the regulations effectively and deter violations. Municipality of Clarington Page 3 Report LGS-017-25 Proposed Amendments Administrative Cost Recovery 1.6 Amendments to the Site Alteration By-law 2024-017 and Property Standards By-law 2007-070 include provisions to incorporate administrative costs into required work undertaken by the Municipality. It is common practice for Municipalities to include administrative fees to recover the additional costs associated with procurement, scheduling, site attendances, and the clerical resources required to process the invoicing. 1.7 These provisions will allow the Municipality to recover expenses efficiently and equitably, ensuring fairness in the application of municipal resources. The proposed administrative fees are set out in FSD-019-25. Parking Infraction Authority 1.8 The proposed update to the Traffic and Parking By-law 2014-059 will grant explicit authority for issuing parking infractions at temporarily signed, prohibited locations. This adjustment ensures better traffic flow and compliance at identified locations requiring temporary restrictions. 2. Financial Considerations 2.1 There is currently no mechanism in place to recover the additional costs incurred for organizing and carrying out the necessary work to comply with Orders issued under the Site Alteration By-law 2024-017 and Property Standards By-law 2007-070. 2.2 Incorporating an administrative fee aligned with the existing fee structure outlined in the Boulevard By-law 2013-066 will help offset additional costs associated with procurement, scheduling, site attendance, and the clerical work required to process invoices. 2.3 A proposed administrative fee equal to 25% of the costs incurred by the Municipality for actual work undertaken, is consistent with the existing fee outlined in the Boulevard By- law 2013-066, and will assist in offsetting additional expenses related to the procurement, scheduling, site attendance, and the clerical resources necessary for processing invoices. 3. Strategic Plan 3.1 The Strategic Plan emphasizes efficient and responsible management of municipal operations. By ensuring By-law regulations are consistent with higher legislative Municipality of Clarington Page 4 Report LGS-017-25 authorities, these amendments support transparent and effective governance, a k ey pillar of the Strategic Plan. 3.2 The Strategic Plan includes objectives related to traffic management and safety. Aligning By-law regulations with the intended authorities ensures that traffic-related rules are clear and enforceable, contributing to safer and more connected communities. 4. Climate Change Not Applicable. 5. Concurrence 5.1 This report has been reviewed by the Deputy CAO of Legislative Services who concurs with the recommendations. 6. Conclusion 6.1 It is respectfully recommended that that Council approve the proposed administrative amendments to the Site Alteration By-law 2024-017, Property Standards By-law 2007- 070, and Traffic and Parking By-law 2014-059 to enhance clarity and operational effectiveness. Staff Contact: Kristina Bergeron, Manager, Municipal Law Enforcement, kbergeron2@clarington.net . Attachments: Attachment 1 – Proposed Site Alteration Amending By-law (Administrative Fees) Attachment 2 – Proposed Property Standards Amending By-law (Administrative Fees) Attachment 3 – Proposed Traffic and Parking By-law Amending By-law (Temporary No Parking) Interested Parties: There are no interested parties to be notified of Council's decision. By-law YYYY-NNN Site Alteration By-law Page 1 of 2 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN Being a By-law to amend the Site Alteration By-law 2024-017 Whereas, arising out of Report LGS-017-25, the Council of the Municipality of Clarington has deemed it desirable/necessary to amend the Site Alteration By-law 2024-017; Now, therefore, the Council of the Municipality of Clarington enacts as follows: 1. That the following new section be added to By-law 2024-017 immediately after section 32.: 32.1 An expense referred to in section 32. includes any actual costs to the Municipality to do a matter or thing plus any applicable administrative fee established by the Municipality. By-law YYYY-NNN Site Alteration By-law Page 1 of 2 2. That this by-law shall come into force and effect on the date of passing. Passed in Open Council this XX day of MMMM, YYYY. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-YYYY-XXX dated XXXX XX, YYYY. By-law YYYY-NNN Property Standards By-law Page 1 of 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN Being a By-law to amend the Property Standards By-law 2007-070 Whereas, arising out of Report LGS-017-25, the Council of the Municipality of Clarington has deemed it desirable/necessary to amend the Property Standards By-law 2007-070; Now, therefore, the Council of the Municipality of Clarington enacts as follows: 1. That section 6.01 of By-law 2007-070 be deleted and replaced with the following: 6.01 If an Order is not complied with in accordance with the Order as deemed confirmed or as confirmed or modified by the Committee or a judge, the Municipality may cause the property to be repaired or demolished accordingly, and the actual cost, including any applicable administrative fee established by the Municipality, shall be added to the tax roll against the property in accordance with section 15.4 of the Building Code Act, 1992 and subsections 1(2.1) and 1(3) of the Municipal Act, 2001. 2. That this by-law shall come into force and effect on the date of passing. Passed in Open Council this XX day of MMMM, YYYY. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-YYYY-XXX dated XXXX XX, YYYY. By-law YYYY-NNN Traffic and Parking By-law Page 1 of 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN Being a By-law to amend the Traffic and Parking By-law 2014-059. And whereas, arising out of Report LGS-017-25, the Council of the Municipality of Clarington has deemed it desirable/necessary to amend the Traffic and Parking By-law 2014-059. Now, therefore, the Council of the Municipality of Clarington enacts as follows: 1. That the following words be added to section 21. of By-law 2014-059: “or where temporary “no parking” signs have been erected pursuant to Section 8.” 2. That the following words be added to section 22. of By-law 2014-059: “or where temporary “no stopping” signs have been erected pursuant to Section 8.” 3. That this by-law shall come into force and effect on the date of passing. Passed in Open Council this XX day of MMMM, YYYY. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-YYYY-XXX dated XXXX XX, YYYY.