Village Slows Down Proposed Good Neighbour Bylaw
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Village Slows Down Proposed Good Neighbour Bylaw to Ensure Enforcement Reflects Cumberland Character
At the May 30, 2022 Council meeting, Village staff brought forward a Good Neighbour Bylaw to introduce regulations and enforcement tools to cope with the worst nuisance properties in the community.
Before the meeting, Council members heard that residents were alarmed that the property regulations in the bylaw are not in line with community character and that the bylaw’s broad powers could be used by the Village to set unreasonable community standards.
In response to this community feedback, Council pulled back some of the regulations in the bylaw and gave the bylaw first reading. Staff have been directed to work on how the bylaw will be applied to make sure that enforcement will reflect Cumberland’s unique and relaxed community character, while keeping the enforcement tools the community needs to cope with the worst nuisance properties without burdening taxpayers with the costs of enforcement.
Good Neighbour Bylaw FAQs
This FAQ sheet provides background information on the proposed Good Neighbour Bylaw given the significant community feedback and concern on how it may be enforced on Cumberland residents.
What is the Good Neighbour Bylaw?
The Good Neighbour Bylaw is proposed to replace the Village’s existing Nuisance Bylaw. The overall intent of both the existing and proposed bylaw is to regulate nuisances in the Village that have significant negative impacts on surrounding neighbours.
Why is the Village considering this new Good Neighbour Bylaw?
The existing Nuisance Bylaw has a limited “enforcement toolkit”. The proposed Good Neighbour Bylaw provides the Village with new abilities to impose requirements, and recover costs, to work toward solutions in response to “significant” impacts such as nuisances, disturbances, and other objectional situations. In recognition of the risks of inappropriate enforcement, the Good Neighbour Bylaw specifically states that these new powers are to be applied reasonably, and only in response to resident complaints that indicate significant nuisances and negative impacts to neighbouring properties.
How would a property be deemed a “significant nuisance”?
The Good Neighbour Bylaw would only be enforced in response to complaints from multiple neighbours about a property that is a significant nuisance and negatively impacting neighbouring properties with a number of contraventions of the Good Neighbour Bylaw. It is the cumulative nature of these infractions that would make the property eligible for enforcement action. A complaint from one neighbour about a cosmetic or minor contravention would not be acted on.
Village staff would continue the practice of working with owners and occupants on voluntary compliance before taking enforcement measures. If the Village continues to receive complaints about a significant nuisance, only then would enforcement action take place.
Why would new “enforcement tools” benefit the Village?
Under the current Nuisance Bylaw, when issues relating to nuisance, unsightly, and/or disturbance properties arise, significant Village resources may be required to respond to neighbourhood concerns and ultimately resolve such issues. Under this arrangement, enforcement costs are borne by the Village, funded largely by property taxes, unless alternative – and significantly burdensome – options are pursued by the Village under the provisions of the provincial Community Charter legislation.
In recognition of the inequities of allocating significant tax funded resources to resolve nuisance properties, the Good Neighbour Bylaw will enable the Village to more easily and effectively recover the costs of enforcement services when responding to these issues, thereby shifting the burden of these expenses from Village taxpayers to nuisance property owners.
How will the Good Neighbour Bylaw be enforced?
Village Council provides direction on service levels and prioritisation of how bylaw enforcement services by way of the Bylaw Enforcement Policy. The Policy sets out clear direction to staff on which Bylaws are to be enforced proactively, and which are only to be enforced upon receipt of a complaint. It also provides policy and direction that is meant to mitigate the risk of the Village becoming unnecessarily involved in neighbourhood disputes and other similar matters.
Under the current Bylaw Enforcement Policy, the majority of Village regulatory bylaws are only to be enforced on a complaint basis, while a select few are to be proactively enforced, largely in the interest of the protection of public safety.
The Good Neighbour Bylaw is intended to be enforced on a complaint basis; and Council has given staff direction to report back on a revised Bylaw Enforcement Policy that provides clear direction on how the new Good Neighbour Bylaw is enforced, including setting reasonable expectations based on Council’s assessment of “Cumberland community standards”.
What is the process for Bylaw Adoption and where is the Village at in this process?
Before a bylaw to takes effect, it requires three readings and then adoption by Council. On May 30 Council has given the Good Neighbour Bylaw first reading after revising the bylaw to address concerns related to the numbers of vehicles per property and the height of weeds.
In addition, Council gave staff direction to also:
- Revise the Bylaw to include a clear “purpose statement” that reflects the intent of the Bylaw in addressing “significant” issues only; and
- Revise and update the Bylaw Enforcement Policy to reflect Council’s desire for the Good Neighbour to be applied reasonably.
It is expected that the bylaw will not be brought back before Council until the July 11, 2022 Council meeting.
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