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Home My WebLink AboutPD-102-84 i 5'. 7 i 4 i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 7 , 1984 REPORT NO. : PD-102-84 SUBJECT: AUTOMOTIVE CYCLING YARDS - MR. ERNEST W. PAINTER, SOLICITOR ON BEHALF OF CANADIAN AUTOMOTIVE RECYCLERS ASSOCIATION INC. RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-102-84 be received; and 2. That the Canadian Automotive Recyclers Association Inc. be provided with a copy of the Property Standards By-law and appropriate Zoning By-law provisions relating to "Automotive Recyclers and Dismantlers" for their information and records ; and 3. That the Canadian Automotive Reclyclers Association Inc. be advised that the Town will only investigate written complaints in respect of specific properties. .. .2 z�. 1 Y� REPORT NO. : PD-102-84 Page 2 COMMENTS: A letter addressed to the Clerk of the Town of Newcastle from Mr. Ernest Painter, Solicitor on behalf of the Canadian Automotive Recyclers ' Association Inc. pertaining to automotive recycling yards, was presented for Council ' s consideration and information at their March 26, 1984 meeting. The following resolution was endorsed by Council at said meeting. "THAT the correspondence dated March 6, 1984 from Mr. Ernest W. Painter, Solicitor, 47 Charing Cross Street , BRANTFORD, Ontario, N3R 2H4 requesting information with respect to Automotive Cycling Yards and the by-laws of the Town relating to such operations , be received and referred to Staff for review and report to the General Purpose and Administration Committee." Mr. Painter noted within his letter that the "Association was originally formed for the purpose of advancing the causes and industry standards of interest to the members, and which to date, has been largely successful in changing the industry image from one of "Junk Dealers" to "Automotive Recyclers and Dismantlers" , conscienciously serving the interest of the consumer public and the automobile industry." Furthermore, it was noted that the letter was being sent to the Municipality as at least, one of their members , is located within the Town of Newcastle and is concerned that proper and fair enforcement action be taken by the Town, where necessary, to ensure that all persons or parties carrying on the business of automotive dismantling and/or recycling be regulated and treated equally. Such by-law enforcement should, as he noted, be effected regardless of the nature and/or extent of the operations , and regardless of their location. Staff would concur and note that the policies of the Town of Newcastle respecting . ..3 REPORT NO. : PD-102-84 Page 3 the enforcement of any infractions pertaining to the Property Standards By-law and/or appropriate Zoning By-laws are reviewed in consideration of a written request or inquiry pertaining to any such infraction. Accordingly, Staff would recommend that the Association be provided with a copy of the Property Standards By-law and appropriate provisions within the Zoning By-laws within the Town of Newcastle for their information and records. � Respectfu fitted, T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip April 24, 1984 Applicant: Canadian Association Recyclers Inc. c/o Mr. Fair Saddy, President 1804 Gore Road LONDON, Ontario N6A 4C3 Agent: Ernest W. Painter Barrister & Solicitor 47 Charring Cross Street BRANTFORD, Ontario N3R 2H4 Communications Direction D I p,NAD CANADIAN AUTOMOTIVE RECYCLERS 3h C March. 6, 1984 MN� 1984 Tfk;oA� ,S� DEPARTMENT Mr. David Oakes Newcastle Town Clerk 40 Temperance Street Bowmanville, Ontario LIC 3A6 Dear Sir: RE: AUTOMOTIVE RECYCLING YARDS Please be advised that the CANADIAN AUTOMOTIVE RECYLCERS ASSOCIATION INC. is a Corporation incorporated without share capital being an Association of AUTOMOTIVE RECYCLERS, members of which to date being located in the Provinces of Manitoba, Ontario and Quebec. The Association was originally formed for the purpose of advancing causes and industry standards of interest to the members and which to date has been largely successful in changing the industry image from one of "JUNK DEALERS" to AUTOMOTIVE RECYCLERS AND DISMANTLERS conscientiously serving the interests of the consumer public and the automotive industry. Throughout these years of tran- sition the Association's members strove to meet, and in many cases exceed , a variety of standards laid down for them by both Provincial and Municipal Governments as to licensing requirements and property standards. These standards, although frequently rigorous, have aided the industry and its members in the improvement of their image to both the public consumer and the local community. The Association is now however becoming concerned as to the effects of recent legislative changes and wishes to draw your attention to some of these concerns and seek your support in dealing with them. You will recall that until recently it was required for every automotive re- cycler and dismantler to first apply for and obtain a valid Class 11C11 licence as issued by the Ministry of Transportation and Communications as well as your own local municipal permit prior to their being able to commence business as such. A Class "C" licence was only issued to automobile wrecking yards and imposed upon the holders of same a variety of obligations, the results of which were of general benefit to automobile registering authorities, police bodies, sales tax authorities, automobile insurers, etc. Such Class HCII licences would only then be . . . Page 2 . . . - page 2 - RE; AUTOMOTIVE RECYCLING YARDS issued upon the applicant providing proof that a Municipal permit had been issued pursuant to that municipality's by-laws which then required the applicant to satisfy municipal concerns as to land usage, property standards, and environmental concerns. These by-laws inevitably varied from municipality to municipality. Recent legislative changes have now resulted in a situation where a Class "C" licence is only required for automotive dismantling and re- cycling in the event the applicant does not already hold a Class "D" licence. It is now the experience of the Association that a great number j of previously-unlicensed operators are now carrying on the business of C automobile wrecking in its various stages both as to the collection and dismantling of wrecks, the selling of parts, and the storage and sale of scrap, operating either without any licence at all, or strictly under their Class "D" licence. The most common occurrences in this regard would appear to be in private backyards, private garages, garages and service stations. as well as paint and auto body shops. While this latest trend is obviously not conducive to the industry image or its standards, it is of particular concern to the present members who all continue to comply with your Municipality's relevant by-laws as they affect dismantling and recycling yards. Our members have incurred substantial costs in acquiring business locations and areas of your Municipality properly designated for same and improving those pro- perties to your required standards through the construction of fences, barriers, bermes, buffer zones, greenery, traffic control devices, etc. Kindly consider and compare the effect of this compliance with your by-laws upon our members to the municipal standards applicable to persons either operating without any licence at all and/or performing the identical functions under a Class "D" licence without incurring the costs of meeting your standard as applied to our members who are solely involved in the dismantling and recycling of automobiles and parts. This letter is being sent to you as at least one of our members is located within your Municipality and is concerned that proper and fair enforcement action be taken by you where necessary to ensure that all persons or parties carrying on the business of automotive dismantling and/or recycling be regulated and treated equally. Such by-law en- forcement should , we suggest, be effected regardless of the nature and/or extent of the operations, and regardless of their location. i It is the mandate of the writer to pursue this matter further with your Municipality to ensure equality of by-law standards for like and similar business functions, and to encourage your Municipality to commence and pursue by-law enforcement for any offenders. We would . . . Page 3 . . . - page 3 - RE: AUTOMOTIVE RECYLCERS YARDS therefore ask that you make known to your Council and by-law enforce- ment officers the concerns as expressed herein and that hopefully through the co-operative action of your offices, the Association, and this office constructive steps might be taken to eliminate what presently appears to be undue hardships placed upon dismantlers and recylcers holding Class "C" licences and your municipal permits compared to persons or parties operating totally without licences and/or those per- forming identical functions under a Class "D" licence. We would invite your comments upon the contents hereof and would also appreciate receiving from you a copy of your applicable by-laws both as to the issuance of permits for dismantlers and recyclers and related by-laws thereto as to property standards, etc. Kindly direct your comments and/or enquiries to either: CANADIAN ASSOCIATION RECYCLERS INC. :- c/o Mr. Fair Saddy, President 1804 Gore Road London, Ontario N6A 4C3 LEGAL COUNSEL:- LAW OFFICE, ERNEST W. PAINTER Barristers and Solicitors 47 Charing Cross Street Brantford, Ontario N3R 2H4 Yours very truly, LAW OFFICE, ERNEST W. PAINTER Per: Ernest W. Painter �f �. ,� .. EWP:dsm 0; '! r^;t,> __ou;,�"G� Encl. - TO:Atj c 10: a_