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HomeMy WebLinkAboutLEG 08-21Report to Council Report Number: LEG 08-21 Date: May 25, 2021 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Right of Entry By-law -File: L-2100-002-20 Recommendation: 1. That Report LEG 08-21 regarding a Right of Entry By-law be received; 2. That Council adopt one of the following options: Option A: That the Right of Entry By-law included as Attachment No. 3 to this Report be enacted; or Option B: That the Right of Entry By-law included as Attachment No. 3 to this Report not be enacted, but that staff be directed to monitor, on an ongoing basis, by-law enforcement and complaint matters for which a Right of Entry By-law may be of use, to determine if such a by-law should be enacted in future; and 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. Executive Summary: As directed by Council, the Right of Entry By-law is presented with this Report for Council’s consideration. A public consultation regarding the draft Right of Entry By-law has been carried out. Over 70 percent of residents who responded to the survey were opposed to the by-law, however, only 167 residents responded to the survey. A Right of Entry By-law, if enacted by Council, would address access difficulties experienced by some homeowners attempting to carry out repairs on their properties. It is expected that such problems will be infrequent. Administration of a Right of Entry By-law would require staff resources from both the Corporate Services Department (Municipal Law Enforcement) and the Engineering Services Department. Financial Implications: Adopting a permitting system and by-law that is administered and enforced by the City will require staffing resources ranging from simple administrative costs to process a basic low-impact application, to extensive officer costs to inspect, monitor, and enforce high-impact work of a contentious nature. Staff do not anticipate a significant volume of Right of Entry permit applications, however, the administration of a Right of Entry By-law will require staff resources from both Corporate Services (Municipal Law Enforcement) and Engineering Services. As a result, it is not possible to establish a cost to administer the By-law. Administrative costs and basic inspection fees will be recoverable through the implementation of application and renewal permit fees as follows: LEG 08-21 May 25, 2021 Subject: Right of Entry By-law Page 2 Permit Type Fee Amount High-impact work, right of entry permit application $1000.00 High-impact work, right of entry permit renewal $500.00 Low-impact work, right of entry permit application $100.00 Low-impact work, right of entry permit renewal $50.00 The above costs and fees do not include any allowance associated with enforcement related to non-compliance, including potential prosecution. These costs would include both officer time and legal costs. If implemented, the Manager, Municipal Law Enforcement Services will report back through the 2022 Budget process on any additional costs required to administer and enforce a permitting system based on actual volumes experienced in 2021. Fees can be increased in future Budget years based on the actual costs of administration. Discussion: Pursuant to Resolution 357/20 dated June 29, 2020, Council directed the City Solicitor to draft a Right of Entry By-law based on examples in Toronto, Ottawa and Windsor. The B y-law was drafted and presented to Council at its July 27, 2020 meeting. On that date, Council directed staff to conduct a public consultation regarding the Right of Entry By-law, and to bring the By-law back to Council together with the results of the public consultation. Resolution 357/20 dated June 29, 2020 is Attachment No 1 to the report. Resolution 386/20 dated July 27, 2020 is Attachment No. 2 to this Report. Purpose and Provisions of Draft Right of Entry By-law The draft Right of Entry By-law is Attachment No. 3 to this Report. The authority to enact a Right of Entry By-law derives from Section 132 of the Municipal Act, 2001, which authorizes the City to pass a by-law that grants the owner or occupant of land to enter adjoining land, at any reasonable time, for the purpose of making repairs or alterations to any building, fence or other structures on the l and of the owner or occupant, but only to the extent necessary to carry out the repairs or alterations. In urban areas where houses are built close together and close to the property line, some homeowners may need to pass through or temporarily occupy a portion of a neighbouring property in order to make repairs or alterations to their own property. When these situations arise, it is necessary for the property owner to gain permission from their neighbour to enter the adjoining property. Without this permission, the property owner could be subject to allegations of trespass. The property owner can approach their neighbour and negotiate an agreement, either in writing or verbally, to gain entry. If the neighbour gives their consent, the property owner may enter and undertake the necessary work without any requirement for municipal involvement. The proposed Right of Entry By-law provides a mechanism by which entry can be gained by seeking authority to enter from the City in situations when property LEG 08-21 May 25, 2021 Subject: Right of Entry By-law Page 3 owners requiring access are unsuccessful at negotiating authorization with adjoining property owners. The proposed Right of Entry By-law outlines a formal permit process to be handled through Municipal Law Enforcement Services, and will require a completed application form to be submitted along with confirmation of insurance and a security deposit. The permit will indicate the period and times during which the right of entry may be exercised and proper notification to be given to the adjoining property owner. A permit issued by the City under the proposed Right of Entry By-law only authorizes access to adjoining lands to undertake repairs or alterations to buildings, fences or other structures. The by-law cannot be used to gain entry to a neighbouring property to undertake new construction, and cannot be used to gain access to the interior of a neighbouring building. The conditions under which right of entry must be exercised are that it must be done at a reasonable time, with reasonable notice, for the purpose of making repairs and alterations to buildings, fences or other structures, and only to the extent necessary to carry out the repairs or alterations. In addition, the person exercising the right to enter the adjoining land must restore the land to its original condition, provide compensation for any damages caused by the entry, and provide a security deposit. The proposed Right of Entry By-law is intended primarily to address urban areas of the City where structures are built close to lot lines, making repairs or alterations difficult without encroaching onto a neighbouring property. The Right of Entry By-law only permits entry onto adjoining lands for repairs or alterations when necessary, and if no other access is available. The proposed by-law will not affect areas where property owners can repair or alter buildings, fences or other structures while remaining on their property. The draft Right of Entry By-law represents a reasonable intrusion on the private property rights of Pickering homeowners. Results of the Public Consultation As directed by Council, staff conducted a public consultation, including posting on social media, to seek public and stakeholder input regarding the draft Right of Entry By-law (Attachment No. 3). The public consultation included a survey, notices in the Community Pages of the Pickering News Advertiser, a media release and facility posters. The r esults of the public consultation are included in this Report as Attachment No. 4. Over 70 percent of survey respondents were opposed to the passage of a Right Of Entry By-law. Set out below are representative samples of the comments made by survey respondents (typographical errors have not been corrected): • It would be good if we can have the next steps if some one doesn’t like the way their neighbours have done the clean ip job after the temporary use of my property. Where will i be complaining about that then. • If my neighbour will damage any of my property I should be able to say no to the access • I don't feel that access should be given in cases of majour endeavours such as installing a pool or anything that would involve the de struction of the accessed property and that any changes to the accessed land be restored to the original LEG 08-21 May 25, 2021 Subject: Right of Entry By-law Page 4 condition • I think this is a really bad idea given how no one gets along with their neighbours anymore. It's hard enough keeping the shared property clean when you have neighbours with no respect for the shared space and your property. There is no reasonable reason to need to step foot on your neighbours' property • I have paid to own private property you can't change the rules now. Also if they get hurt while coming onto my property I'm r esponsible and can be sued. Will you pay for the legal cost if you put this through? • Totally against the bylaw. Potentially will get challenged in courts • This bylaw is meant for situations where there is acrimony between neighbours. The appeals process is likely to cause further dragging out for no good reason given that scenario, and allowing high impact work would offer an incentive to legally piss off your neighbour by claiming you really only had that choice when you may come up with a justification for higher impact work than was necessary originally simply to spite your neighbour. Allowing only low impact and denying an appeals process seems like the best way to navigate this likely minefield • If the R ight of Entry By-Law passes then it must include a means by which an individual can appeal the decision and with reasonable cause be granted the denial of the Right of Entry. There should also be consideration given to whom would be financially responsible for any loss of turf, gardens or walkways etc. And the responsible parties must be stated plainly in the Right of Entry By-Law so that everyone involved is completely clear has to who is financially responsible and the time frame clearly given for any replacements and/or repairs to the trespassed homeowner. • Neither low impact work nor high impact work should be allowed. They knew when they bought what their property was/is. • We live in a townhouse that has no access to backyard. We are unable to do certain types of construction to our backyard due to this restriction. We have on both sides and to the back. Some are allowing is access to their backyard, and others are not. So we are stuck. • There must be more than 24 hours notice to the adjoining landowner about the approved work. Also there should be a more clear The maximum fine is quite high for the consequences of contravening the act, this could apply to either landowners. • Neither. Will Pickering cover the cost of any damage incurred if property owner refuses to pay? • There should also be provision that clean up be part of the bylaw if the contractors make a mess that goes on to the other neighbour's property and cover any damage if any occurs • for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant, but only to the extent necessary to carry out the repairs or alterations. • You have to take into account if there is a dog on the other property. If there is the permit to work on the others land will be governed by the Dog Owners Liability Act. If there is a dog on the other property then the permit is a no go. • 30 day advanced notification The purpose of entry needs to be clearly outlined Any damage done to the neighbour's property the repair of the damage is the LEG 08-21 May 25, 2021 Subject: Right of Entry By-law Page 5 responsibility of the owner doing the work The neighbour should have the right to view the credentials of the workmen( insurance, WSIB, permits, etc). • City Gov is infringing way too much on our rights. • A key thing that I don't see is liability being addressed. A formal permit should be required and the applicant should be accountable for damage to the neighboring property as well as addressing liability re the workers. If a neighbor causes damage to my property it is their responsibility • It does not take in account tha t while alterations of structure are being made the homeowner is unable to use their property ex. Back yard until said work is done. Equipment needs to be removed from premises every day as debris and nails etc lying around can cause injury ex. Kids If property owner cannot use property due to by law. Property owner should be compensated. Bylaw if passed should allow property owner to set when they can do work as it is the property owners dwelling. • I don't agree with this by law it should be the homeowners right to allow access to their property. As someone that has had to deal with neighbors entering my property without permission or paperwork I'm very much against it. This will just end up causing more issues between neighbors. I've had a neighbor enter my property when I wasn't home to do there fence, & they destroyed my backyard by breaking the sprinkler system, & they went over the property line. If you pass this by law your just giving right to cause more issues like this • Government gives up the right to allowances to private property when it collects taxes. Residents who pay taxes have a right to their own properties without the City taking that away. If the City want's rights, expropriate. This is ABSOLUTELY not acceptable. • What about insurance? What if someone gets hurt on the neighbour's property and has no insurance, or not enough insurance? How is the neighbour going to be keep safe from lawsuits? What if a homeowner's insurance company says no? • My property has damage done to it every time a neighbour has work done. Either the work done was not completed properly and we suffer the continuous affects from i t or each time our neighbour has had work done we have a clean up job to do and our property damaged. I am not in favour of anyone being on my property that I work hard to keep looking nice and pay taxes for. • If damage is done to neighbouring property would the city be responsible if repairs are not made While the majority of survey respondents were opposed to the Right of Entry By-law, it must be noted that only 167 people responded to the survey. Corporate Communications staff confirm that, given Pickering’s population of almost 100,000 residents, this sample size is not statistically reliable as a measure of public opinion. The concept of a Right of Entry By-law is a reasonable one, and the attached draft By-law has been drawn up so as to strike a balance between the homeowner’s need to do property repairs and the neighbour’s private property rights. At the same time, the cost to the City of administering a new Right of Entry By-law, and the demand it will impose on staff resources, are uncertain. To properly administer and enforce the Right of Entry By-law staff in both Corporate Services (Municipal Law Enforcement) and Engineering Services will be required. Specifically, the expertise of Engineering Services staff will be required to determine LEG 08-21 May 25, 2021 Subject: Right of Entry By-law Page 6 appropriate permit conditions, to set reasonable security deposit amounts for permit applicants and to perform necessary inspections. Attachments: 1. Resolution 357/20 dated June 29, 2020 2. Resolution 386/20 dated July 27, 2020 3. Draft Right of Entry By-law 4. Results of Public Consultation Prepared/Endorsed By: Original Signed By: Paul Bigioni Director, Corporate Services & City Solicitor PB:ks Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Interim Chief Administrative Officer Attachment 1 to Report LEG 08-21 Legislative Services Division Clerk’s Office Directive Memorandum July 6, 2020 To: Paul Bigioni Director, Corporate Services & City Solicitor, From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on June 29, 2020 Motion to Enact a Right of Entry By-law Upon Adjoining Land for the purpose of making repairs for alterations to the building fences or other structures Council Decision Resolution #357/20 Whereas many homes in Pickering have easements attached to the deed; And Whereas, an easement is a legal right benefitting property or a piece of land (known as a dominant land) that is enjoyed over another piece of land owned by someone else (servient land). A common example of the easement is one that allows the owner of the dominant land to do something on the servient land; And Whereas, often home owners have to gain access to their property by entering upon adjoining land for the purpose of making repairs, alterations or improvements; And Whereas, if a neighbour refuses access for these repairs, alterations or improvements, the only recourse is a civil action through the court system; And Whereas, By-laws may be passed by Councils of local municipalities pursuant to the Municipal Act, for permitting an owner or occupant of any building, fence or other structure, or the agent or employee of such owner or occupant to enter upon any adjoining land for the purpose of making repairs, alterations or improvements to such building fence or other structure, but only to the extent necessary to affect such repairs, alterations or improvements, and that every such By-law shall provide that the adjoining land be left in the same condition as it was prior to such entry; And Whereas, many municipalities in Ontario including Toronto, Ottawa and Windsor have right of entry By-laws that require the submission of a comprehensive permit application and application fee before one is allowed to access his or her neighbour’s property; Further, each By-law imposes a penalty for damage caused to the neighbouring property; And Whereas, these applications are only required if a resolution between the property owners cannot be reached amicably; And Whereas, if this By-law is contravened and a conviction is entered, the Superior Court of Justice or any court of competent jurisdiction may, in addition to any penalty imposed on the person convicted, issue an order prohibiting the continuance or repetition of the offence by the person convicted; Now therefore be it resolved: That Council direct the City Solicitor to draft a by-law similar to Toronto, Ottawa and Windsor and report back to this Council with a draft for the July 27, 2020 Council meeting to be adopted, and to commence any notifications that may be required. Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer Attachment 2 to Report LEG 08-21 Legislative Services Division Clerk’s Office Directive Memorandum July 31, 2020 To: Paul Bigioni Director, Corporate Services & City Solicitor From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on July 27, 2020 Director, Corporate Services & City Solicitor, Report LEG 04-20 Right of Entry By-law Council Decision Resolution #386/20 1. That Report LEG 04-20 regarding the attached Right of Entry By-law be received; 2. That Corporate Services staff be directed work with Corporate Communications staff to conduct a public consultation, including posting on social media, to seek public and stakeholder input regarding the attached Right of Entry By-law; 3. That the attached Right of Entry By-law be presented to Council at its October meeting together with the results of the public consultation; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Please take any action deemed necessary. Susan Cassel Copy: Interim Chief Administrative Officer Attachment 3 to Report LEG 08-21 The Corporation of the City of Pickering By-law No. XXX Being a by-law authorizing entry upon adjoining l ands for the purpose of making repairs or alterations to buildings, fences or other structures. Whereas under section 132 of the Municipal Act, 2001, S.O. 2001, c.25 (the “Act”), the Council of a local municipality may pass a by-law to authorize the ow ner or occupant of land to enter adjoining land for the purpose of making repairs or alterations to any building, fence or other structures on the land of the owner or occupant but only to the extent necessary to carry out the repairs or alterations. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Definitions In this By-law: (a) “alteration” includes, but is not limited to, a structural change to the exterior or interior of an existing building, fence or other structure, but does not include a total replacement of an existing building, fence or other structure; (b) “applicant” means the owner or occupant of land who applies for a permit, or any person authorized by the owner or occupant to apply for a permit on the owner’s or occupant’s behalf; (c) “building” means any structure used or intended for supporting or sheltering any use or occupancy; (d) “By-law Manager” means the City’s Manager, Municipal Law Enforcement Services or their designate; (e) “City” means the municipal corporation of the City of Pickering or the geographic area of the City of Pickering as the context requires; (f) “high-impact work” means a repair or alteration that requires entry on the adjoining land for the erection of temporary structures, such as scaffolding; the placement of, or access for, any type of heavy equipment; or the distressing of the adjoining land, including the removal of a structure or fence, or the excavation or removal of any landscaping or paving; By-Law No. Page 2 (g) “land” includes buildings, fences and structures; (h) “low-impact work” means a repair or alteration that requires entry on the adjoining land to carry out work that does not include the erection of temporary structures, such as scaffolding; the placement of, or access for, any type of heavy equipment; and the distressing of the adjoining land, including the removal of a structure or fence, or the excavation or removal of any landscaping or paving; (i) “occupant” means any person or persons over the age of 18 years in possession of the land; (j) “officer” means a municipal law enforcement officer employed by the City to enforce municipal by-laws; (k) “owner” means the registered owner of the land or a person authorized in writing by the registered owner of the land to act on the owner’s behalf for the purpose of filing an application under this By-law; (l) “permit” means a permit issued under this By-law that authorizes right of entry on adjoining lands; (m) “permit holder” means the owner or occupant to whom a permit has been issued under this By-law; (n) “repair” includes: (i) maintenance and upkeep; and (ii) the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a building, fence or other structure conforms with the standards established in a by-law or the Act; and (o) “structure” means anything installed, constructed or erected with a fixed location on the ground, but does not include an inground swimming pool. 2. Interpretation When reading and interpreting this By-law: (a) unless otherwise specified, references in this By-law to parts, sections, subsections, clauses and schedules are references to parts, sections, subsections, clauses and schedules in this By-law; (b) references in this By-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted; By-Law No. Page 3 (c) this By-law shall be read with all changes in gender or number as the context requires; (d) references in this By-law to items in the plural include the singular, and references to the singular include the plural, as applicable; and (e) the words “include”, “includes” or “including” are not to be read or interpreted as limiting the words, phrases or descriptions that follow them. 3. Right of Entry on Consent or by Permit (1) The owner or occupant of land may enter adjoining land, at any reasonable time, for the purpose of making r epairs or alterations to any building, fence or other structures on the l and of the owner or occupant but only to the extent necessary to carry out the repairs or alterations: (a) if the owner of the adjoining land has given prior consent to this entry; or (b) if the By-law Manager has issued a permit for this entry and the entry occurs during the period specified in the permit. (2) The power of entry under section 3(1)(b) is subject to compliance with the following conditions: (a) the power of entry may only be exercised by a permit holder or his or her employees or agents and only if they comply with all of the conditions of the permit and the provisions of this By-law; (b) a person exercising the power of entry must display or, on request, produce proper identification; (c) the permit holder shall provide reasonable notice of the proposed entry to the occupant of the adjoining land, as described in section 4(2)(j)(iv); (d) the permit holder, his or her employees or agents, shall not create any hazards or allow any hazards to exist on the adjoining land; (e) the permit holder shall, in so far as is practicable, restore the adjoining land to its original condition and shall provide compensation for any damages caused by the entry or by anything done on the adjoining land; and (f) without limiting the generality of (e) above, restoring the adjoining land to its original condition includes removing any equipment or materials left on the adjoining land as a result of the entry. By-Law No. Page 4 (3) The power of entry under section 3(1)(b) does not authorize: (a) entry into a building on the adjoining land; (b) the use of the adjoining land for any other work or activity other than that described on the permit; (c) the storage of materials or equipment, or the parking of vehicles, on the adjoining l and; and (d) an exemption to any person from complying w ith other City by-laws. (4) In the case of entry under the consent of the owner of the adjoining land under section 3(1)(a), the conditions and limitations in sections 3(2) and 3(3) apply to the power of entry, with necessary modifications, unless the owner granting the consent and the owner or occupant exercising the right of entry agree otherwise. (5) No person shall fail to permit a right of entry being exercised in accordance with a permit issued under this By-law. (6) Any permit issued under this By-law is not transferable. 4. Permit Application (1) To obtain a permit, the owner shall file a complete application with the By- law Manager on a form prescribed by the City. (2) An application for a permit must include the following: (a) the name, address, and telephone number of all contractors that will carry out the proposed work for which entry is required on the adjoining land; (b) the municipal business licence number of every contractor or trade that is required to be licensed by the City; (c) the insurance type and number of every contractor or trade that is required to be insured in accordance with municipal or provincial regulations; (d) the nature of the proposed work that requires use of the adjoining land and the pr oposed use of the adjoining land, including what equipment will be used, if and how the adjoining land will be distressed, and whether any nuisances will result from the proposed use of the adjoining land (for example, dust fumes, noise, or restricted access); By-Law No. Page 5 (e) the proposed attenuating measures to control each of the nuisances identified under (d) above; (f) an estimate of the time that the proposed work will require use of the adjoining land, as described in (d) above is expected to take; (g) the days and times that entry will be required; (h) the proposed remediation measures required to bring the adjoining land, in so far as practicable, to its original condition; (i) an estimate of the time required to do the remediation work described in (h) above; (j) a signed form acknowledging t he permit holder’s obligation to: (i) use the adjoining land only to the extent necessary to carry out the work on the adjoining land as outlined in the permit; (ii) not use the adjoining land for any other purpose, including for the s torage of materials or equipment and the parking o f vehicles; (iii) provide a security deposit and agree to its forfeiture if deemed necessary by the By-law Manager to comply with the permit holder’s obligations to restore the adjoining land and provide compensation for damages; (iv) provide at least 24 hours’ notice in writing to the occupant of the adjoining land before any contractor enters the adjoining land; (v) systematically mitigate all nuisances with respect to the use of the adjoining land to the extent practicable; (vi) restore the adjoining land to its original condition and provide compensation for any damages caused by the entry or by anything done on the adjoining land to the satisfaction of the By-law Manager; and (vii) without limiting (iv) above, to hold the owner of the adjoining land harmless in the event of any damages to people or property as a result of anything done on the adjoining land to the extent allowable by law; By-Law No. Page 6 (k) proof that the owner of the adjoining land has been included as a named insured in the liability insurance of the owner for the period covering t he estimated t ime of the proposed work on the adjoining land; and (l) the permit application fee set out in the City’s current General Municipal Fees By-law. (3) The notice required under section 4(2)(j)(iv) may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it is mailed. (4) The permit application fee is non-refundable. 5. Notice to Adjoining Land Owner (1) After receiving a completed application, the By-law Manager shall notify the owner of the adjoining land in writing that a permit has been requested to enter the adjoining land, and the notice shall provide all of the relevant information, set out in section 4(2), as determined by the By-law Manager. (2) The owner of the adjoining land may, within 10 business days of the date specified in the notice, make a submission to the By-law Manager to provide details of any circumstances that may be considered by the By-law Manager in establishing the conditions of the permit. (3) The By-law Manager may extend the submission time under (2) above for not more than 10 business days. (4) The By-law Manager shall provide the owner of the adjoining land with a copy of any permit or renewal of a permit that applies to the adjoining land. 6. Permit Issuance / Renewal / Refusal / Revocation (1) The security deposit required under section 7 shall be submitted before a permit is issued. (2) A permit issued under this By-law shall indicate the period and times during which the right of entry may be exercised, and this period shall not commence earlier than five business days from the date of issuance. (3) The permit shall also set out any additional conditions, as determined by the By-law Manager that reasonably relate to the right of entry (for example, the protection of a particular plant). By-Law No. Page 7 (4) The permit holder or owner, if not the permit holder, may apply to the By-law Manager for a renewal of the permit before the expiry date of the right of entry under the current permit. (5) A permit renewal application shall include all the information and other documents required under section 4(2). (6) After a complete permit renewal application is received, the By-law Manager shall notify the owner of the adjoining land in writing that a permit renewal application has been requested by the applicant. (7) The owner of the adjoining land may, within 10 business days from the date specified in the notice, make a submission to the By-law Manager providing details of any circumstances that may be considered by the By-law Manager in reviewing the permit application renewal. (8) If a renewal is granted, it shall deem the existing permit to continue for the period specified in the approval and may provide that the right of entry is subject to any existing c onditions or additional conditions as established by the By-law Manager. (9) The By-law Manager may revoke a permit or deny the renewal of a permit if there is non-compliance with the permit conditions. (10) If a permit is revoked or is not renewed, the permit holder shall, in so far as is practicable, restore the adjoining land to its original condition and provide compensation for any damages caused by the entry or by anything done on the adjoining land, to the satisfaction of the By-law Manager. (11) Where the By-law Manager refuses to issue a permit, the applicant shall be informed of this decision in writing and the reasons for the refusal. 7. Security Deposit (1) The security deposit for a permit for low-impact work is $500.00. (2) The minimum security deposit for a permit for high-impact work is $2,000.00. (3) The By-law Manager shall determine the amount of the security deposit required for a permit for high-impact work above the minimum amount set out in (2) above and shall base this amount on the information in the permit application, the inspection by officers, any submissions by the owner of the adjoining land, and any other information deemed reasonable by the By-law Manager for this purpose. By-Law No. Page 8 (4) If in his or her submission, under section 5(2), the owner of the adjoining land requests a review of the amount of the security deposit established by the By-law Manager, the submission shall include a detailed estimate in a form acceptable to the By-law Manager. (5) The security deposit amount established by the By-law Manager after any review of a submission under section 5(2) shall be deemed final. (6) The security deposit for a permit shall be in the form of a certified cheque made payable to the ‘City of Pickering’. (7) In the case of low-impact work, the City may hold the security deposit for no more than 60 days after the completion of the work requiring entry on the adjoining land, the completion of any remediation work on the adjoining land, and the expiry of the right of entry under the permit, whichever is later, to ensure compliance with the permit holder’s obligations under section 3(2)(e). (8) Notwithstanding (7) above and to ensure compliance with the permit holder’s obligations under section 3(2)(e), including unseen damages, in the case of high-impact work, the security deposit shall be held for one year after the completion of the work requiring entry on the adjoining land and the completion of any remediation work on the adjoining land, whichever is later. (9) If within the period in (7) above, or after the period in (8) above, the By-law Manager determines that the permit holder has not complied with the requirements to restore the land and pay compensation for damages as required under section 3(2)(e), the City may provide the owner of the adjoining land with all or part of the security deposit and return any remainder to the permit holder. (10) The owner of the adjoining land and the permit holder may on consent authorize the City to provide the owner of the adjoining land with all or part of the security deposit at a date earlier than provided under (7) and (8) above. 8. Emergency Exception (1) If a building, fence or other structure on the land poses an immediate danger to the health or safety of any person, the owner or occupant of the land or his or her employee or agent may enter the adjoining land without a permit or prior consent, but only to the extent necessary to terminate the emergency. By-Law No. Page 9 (2) The owner or occupant of the land shall, to the extent possible, notify the owner of the adjoining land of the emergency and the need to enter the adjoining land before entering the adjoining land. (3) All work necessary to terminate the emergency and that requires entry on the adjoining land shall be carried out as if a permit had been granted under this By-law and is subject to compliance with the conditions in section 3(2), other than notice, and to any other permit conditions retroactively imposed by the By-law Manager. (4) Unless the owner of the adjoining land waives this requirement, the owner or occupant undertaking the work on the a djoining land shall apply for a permit retroactively for the work performed to terminate the emergency as well as for any other work that will require entry on the adjoining land. 9. Inspection (1) An officer, other employee, or agent of the City may enter on lands at any reasonable time for the purpose of carrying out an inspection to determine whether or not this By-law or a condition of a permit issued under this By-law are being complied with. (2) A person carrying out an inspection under (1) above, may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone, or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection. 10. Enforcement (1) This by-law may be enforced by an officer. (2) No person shall make a false or intentionally misleading statement of fact, statutory declaration, application or other document required by this By-law. (3) No person shall prevent, hinder or obstruct or attempt to prevent, hinder or obstruct an officer in the enforcement of this By-law. By-Law No. Page 10 (4) Where an officer has reasonable grounds to believe that an offence has been committed by a person, the officer may require the name, address, and proof of identity of that person, and no person shall fail to provide the requested information. 11. Orders to Comply (1) An officer who finds a contravention of this By-law may make one or more orders requiring discontinuance of the contravening activity or to do work to correct the contravention. (2) The order may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it is mailed. (3) If there is evidence that the occupant of the land i s not the registered owner, the notice shall be served on both the registered owner and the occupant of the land. (4) If the address of the owner is unknown or the City is unable to effect service on the owner or occupant under (3) above, a placard stating the terms of the order and placed in a conspicuous place upon land on or near the land s hall be deemed to be sufficient notice to the owner. (5) If the delay necessary to give an order under the preceding subsections would result in an immediate danger to the health or safety of any person, the order may be served personally on the person to whom it is directed or by a placard stating the terms of the order and placed in a conspicuous place upon land on or near the land. 12. Offences and Penalties (1) Every person who contravenes any provision of this By-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and, subject to (2), upon conviction is liable to a fine not exceeding $25,000.00. (2) Where a corporation is convicted of an offence under (1), the maximum penalty that may be imposed on the corporation is $100,000.00. 13. Short Title This By-law may be cited as the “Right of Entry By-law”. By-Law No. Page 11 14. Force and Effect This By-law shall come into force and effect on the date it is passed. ENACTED AND PASSED this day of , 2021. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Right of Entry By-law Survey Attachment 4 to Report LEG 08-21 Q1 Do you agree that the City of Pickering should pass a Right of Entry By-law? Answered: 167 Skipped: 0 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES 29.94%Yes 0 5 70.06% 117No Total Respondents: 167 1 / 5 Q2 If you selected yes, what type of notification do you think should be provided to the property owner being required to provide access? Answered: 55 Skipped: 112 A mailed letter Notice on door Email and phone... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES 70.91%39A mailed letter 58.18%32Notice on door 60.00 33Email and %phone notifications Total Respondents: 55 Right of Entry By-law Survey 2 / 5 Right of Entry By-law Survey Q3 Should there be an appeal process? Answered: 148 Skipped: 19 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES 71.62% 106Yes .o 29 73% 44N Total Respondents: 148 3 / 5 Right of Entry By-law Survey Q4 There are two types of work defined in the proposed Right of Entry By- law; low impact work and high impact work.Low impact work i s defined as a repair or alteration that requires entry on the adjoining land to carry out work that does not include the erection of temporary structures, such as scaffolding; the placement of, or access for, any type of heavy equipment; and the distressing of the adjoining land, including removal of a structure or fence, the excavation or removal of any landscaping or paving.High impact work is defined as a repair or alteration that requires entry on the adjoining land for the erection of temporary structures, such as scaffolding; the placement of, or access for, any type of heavy equipment; or the distressing of the adjoining land, including the removal of a structure, or fence, or the excavation or removal of any landscaping or paving.Based on these definitions, should the by-law apply to both types of work or only permit low impact work? Answered: 108 Skipped: 59 Apply to both types of work Apply to only low impact work 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES 55.56%60Apply to b es of oth typ work Apply to only low 49.07%53impact work Total Respondents: 108 4 / 5 Right of Entry By-law Survey Q5 Please provide any additional comments. Answered: 96 Skipped: 71 5 / 5