CITY COUNCIL AGENDA REPORT

Transcription

1 CITY COUNCIL AGENDA REPORT Subject: BYLAWS 20/2014 & 21/2014 AMENDMENTS TO THE LAND USE BYLAW & COMMUNITY STANDARDS BYLAW REGARDING BOARDING HOUSES Recommendation(s) 1. That Bylaw 20/2014, being Amendment 116 to Land Use Bylaw 9/2005, be read a third and final time. 2. That Bylaw 21/2014, being Amendment 1 to Community Standards Bylaw 12/2010, be read a third and final time. Purpose of Report This report brings the above-noted bylaws to Council for consideration of third reading. Council Direction On June 23, 2014, subsequent to closure of the Public Hearing, Council provided first and second reading to the above-noted bylaws. Attachment(s) 1. Bylaw 20/ Bylaw 21/ Agenda Report provided to Council on June 23, 2014 (without attachments #1 and #3) 4. Response to Information Request Originating Department(s): Author(s): General Manager Approval: Legal Services Gene Klenke, City Solicitor Patrick Draper, City Manager City Manager Signature: Date: City Council Agenda July 14, 2014/ Page 1 File No

2 CITY OF ST. ALBERT ATTACHMENT 1 BYLAW 20/2014 Being Amendment 116 to Land Use Bylaw 9/2005 NOW THEREFORE the Council of the City of St. Albert, duly assembled, hereby ENACTS AS FOLLOWS: 1. The definition of boarding house in Section 1.6 of the Land Use Bylaw (Bylaw 9/2005) shall be deleted and replaced with the following: boarding house means a commercial endeavour or development located within a dwelling unit where the commercial activity, or any part thereof, is to provide individuals with shared access to any of the following on a fee-for-service basis: (c) washroom facilities; sleeping accommodations; or cooking or eating facilities, as in a cafeteria or canteen. Typical uses include hostels and rooming houses. Notwithstanding the foregoing, a dwelling unit occupied by a family and a maximum of two lodgers shall not be considered a boarding house. 2. The Chief Administrative Officer is authorized to consolidate Bylaw 9/2005. READ a first time this 23 rd day of June, READ a second time this 23 rd day of June, READ a third time this day of, SIGNED AND PASSED this day of, MAYOR CHIEF LEGISLATIVE OFFICER BYLAW 20/2014 (Page 1)

3 CITY OF ST. ALBERT ATTACHMENT 2 BYLAW 21/2014 Being Amendment 1 to the Community Standards Bylaw ( Bylaw12/2010 ) NOW THEREFORE, the Council of the City of St. Albert, duly assembled, hereby ENACTS AS FOLLOWS: 1. The following definitions are added to section 2 of Bylaw 12/2010: Boarding House means a commercial endeavour or development located within a dwelling unit where the commercial activity, or any part thereof, is to provide individuals with shared access to any of the following on a fee-for-service basis: i. washroom facilities; ii. sleeping accommodations; or iii. cooking or eating facilities, as in a cafeteria or canteen. Typical uses include hostels and rooming houses. Notwithstanding the foregoing, a Dwelling Unit occupied by a family and a maximum of two lodgers shall not be considered a Boarding House. Dwelling Unit means a self-contained residence comprising kitchen, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby or stairway inside a building, but does not include any part of a hospital, hotel, motel or recreation vehicle; 2. The following provision is added to Bylaw 12/2010: Boarding Houses 8.1 A Person shall not cause or permit a Boarding House to exist with respect to any Property or Building they own or occupy. 3. Schedule 1 of Bylaw 12/2010 is amended by adding the following column: Cause/Permit Boarding House 8.1(1) $ BYLAW 21/2014 (Page 1)

4 ATTACHMENT 2 4. The Chief Administrative Officer is authorized to consolidate Bylaw 12/2010. READ a first time this 23 rd day of June, READ a second time this 23 rd day of June, READ a third time this day of, SIGNED AND PASSED this day of, MAYOR CHIEF LEGISLATIVE OFFICER BYLAW 21/2014 (Page 2)

5 Subject: Recommendations CITY COUNCIL AGENDA REPORT BYLAWS 20/2014 AND 21/2014 AMENDMENTS TO THE LAND USE BYLAW AND COMMUNITY STANDARDS BYLAW REGARDING BOARDING HOUSES (1) Bylaw 20/2014 Land Use Bylaw amendment 1. That Bylaw 20/2014, being amendment 116 to Land Use Bylaw 9/2005, be read a first time. 2. That Bylaw 20/2014 be read a second time. 3. That unanimous consent be given for consideration of third reading of Bylaw 20/ That Bylaw 20/2014 be read a third and final time. (2) Bylaw 21/2014 Community Standards Bylaw amendment 1. That Bylaw 21/2014, being amendment 1 to Community Standards Bylaw 12/2010, be read a first time. 2. That Bylaw 21/2014 be read a second time. 3. That unanimous consent be given for consideration of third reading of Bylaw 21/ That Bylaw 21/2014 be read a third and final time. Purpose of Report This report proposes bylaw amendments intended to enhance efforts to enforce the prohibition of boarding houses in St. Albert. The Community Standards Bylaw amendment adds the prohibition and expressly includes the ability to issue a ticket or court summons as a means of enforcement. The amendment to the Land Use City Council Agenda June 23, 2014 / Page 1 File No.:

6 Bylaw simply changes the definition of boarding house to match the new definition proposed for inclusion in the Community Standards Bylaw. Council Direction N/A Background and Discussion Early last summer, Council, the City Manager, and Administration received a number of complaints about a boarding house that had been established in a residential neighbourhood to provide lodging and related accommodations for highway construction workers. Boarding houses are not a permitted or discretionary land use under the Land Use Bylaw and as a result, are effectively prohibited. Staff issued a Stop Order requiring the owner to cease the prohibited use and bring the dwelling into compliance with Land Use Bylaw regulations. The Stop Order set a specific compliance deadline that was not met, leading City enforcement and Alberta Health Services personnel to commence detailed investigations in anticipation of potential prosecution. During these investigations the unauthorized use diminished to the degree that by the third week of August, the property had been vacated. In all, approximately 12 weeks passed between receipt of the first resident complaint and the cessation of the unauthorized use. This Report recommends amendments to the Community Standards Bylaw in an effort to highlight and support the prohibition of boarding houses in St. Albert. The amendments would add the prohibition to the Community Standards Bylaw and make it an offence under that Bylaw to permit or establish a boarding house within the City. Violations could be met with a heavy fine or a mandatory notice to attend a scheduled court hearing. The proposed fine amount of $ would likely exceed any possible rental revenue received by the owner. A corresponding amendment to the Land Use Bylaw would simply adopt the new definition of boarding house proposed for the Community Services Bylaw, which now includes commercial cafeteria or canteen -type facilities within a residential dwelling unit. Consistent with section 3.2 of the Land Use Bylaw, the proposed definition specifies that a dwelling unit occupied by one family and no more than 2 lodgers will not be considered a boarding house. As always, Land Use Bylaw provisions remain enforceable through the established Stop Order process. Notwithstanding Council s support of the recommended bylaw amendments, City staff will develop a communication plan to raise public awareness of the prohibition on boarding houses. City Council Agenda June 23, 2014 / Page 2 File No.:

7 If compliance with the prohibition (or other bylaw provisions that may apply to residential rental accommodations) remains an issue into the future, Administration could consider the merits of establishing a business licensing program that would pertain to rental accommodations. A number of Ontario communities with large post-secondary student populations have implemented such programs, however developing a comprehensive licensing program may carry human and financial resource implications. Stakeholder Communications or Engagement In accordance with the Municipal Government Act, a public hearing has been advertised in the St. Albert Gazette on two occasions. Since the proposed amendments reinforce existing bylaw provisions, further community engagement is unnecessary. Municipal Enforcement and Planning and Development staff were consulted in preparation of this Report. Both were generally supportive of the recommendations. Implications of Recommendation(s) Financial: Other than allowing for the collection of fine revenue, there are no direct financial implications as a result of these Bylaw amendments. However the proposed amendments may have the effect of increasing enforcement activity - as enforcement expectations rise there is a corresponding demand on current staff resources. Legal / Risk: Though the proposed bylaw amendments provide greater clarity and more options from an enforcement perspective, bylaw complaints often take significant time to investigate and prosecute. There is no guarantee or certainty that the issuance of a violation ticket or mandatory court appearance will result in a speedy and positive conclusion to these matters. The onus of proof to obtain conviction on offense charges is high, a fact that impacts the difficultly and complexity of investigations. Further, as with Stop Order enforcement, court date availability, potential adjournments, and appeals can ultimately delay final disposition. Program or Service: None at this time. City Council Agenda June 23, 2014 / Page 3 File No.:

8 Organizational: These bylaw amendments may be of assistance to Administration by providing more tools to address the establishment of boarding houses and potentially, yield a speedier final disposition or resolution. Alternatives and Implications Considered If Council does not support the recommendations as noted, the following alternatives could be considered: 1. That the proposed amendments be brought to Council at a later date as part of a larger update to the Land Use Bylaw planned for 2015, which update is intended to review and clarify various uses described within that Bylaw and the general enforcement thereof. 2. That amendments to the Land Use Bylaw and/or Community Services Bylaw be drafted in accordance with the specific direction of Council and be brought forward at a later specified date. 3. That this report be taken for information. Strategic Connections a) Council s Goals and Priorities COMMUNITY DEVELOPMENT: Strengthen St. Albert s social fabric and enhance the safety and health of St. Albert s families. GOVERNANCE: Improve efficiency, plan strategically, enhance accountability and build effective partnerships and relationships to ensure the right choices for St. Albert in both the immediate and longer term. CULTIVATE EXCELLENCE IN GOVERNMENT: A responsive, accountable government that delivers value to the community. b) Long Term Plans N/A c) Corporate Objectives Deliver programs and services that meet or exceed our standards Ensure our customers are very satisfied d) Policies N/A e) Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.) N/A City Council Agenda June 23, 2014 / Page 4 File No.:

9 Attachment(s) 1. Draft Amending Bylaw 20/ Excerpt from Land Use Bylaw 9/2005 (with proposed amendments from Bylaw 20/2014 shown in red) 3. Draft Amending Bylaw 21/ The Community Standards Bylaw 12/2010 (with proposed amendments from Bylaw 21/2014 shown in red) Originating Department(s): Author(s): City Manager Approval: City Manager Signature: Legal Services Gene Klenke, City Solicitor Patrick Draper, City Manager Date: City Council Agenda June 23, 2014 / Page 5 File No.:

10 Part 1 General General of them; "awning" means a light, detachable, roof-like structure covered by fabric or other flexible material supported from a building by a fixed or retractable frame, without a supporting structure; "bachelor suite" means a dwelling unit in which all of the sleeping and living areas are combined in a single room; e "balcony" means an above-grade exterior platform projecting from a wall and located adjacent to a doorway; - "bare land condominium unit" means a bare land unit as defined in the Condominium Property Act, RSA 2000, c. C-22; - "barrier-free access" means that a development, or parts thereof as specified in this Bylaw, can be used by persons with physical disabilities; "basement" means the lowest floor level of a building, located wholly or partly below the finished grade; "basement suite" means a secondary dwelling unit located on the basement level of a single-detached house; (BL7/2007) "bed and breakfast" means a commercial development that forms an accessory use to a single detached house, semi-detached house or duplex and provides temporary sleeping accommodation and meals to persons who are not residents but are visitors, but does not include a boarding house; "bedroom" means a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom. A bedroom will have window(s) and a closet; (BL7/2007) "berm" means an elongated mound of earth a minimum of 1 m in height above the adjoining average finished grade designed to provide screening or noise attenuation within a development or between adjoining developments; "bicycle parking station" means the public or private provision of space and facilities to temporarily park bicycles that does not impede pedestrian or vehicle traffic; (BL19/2012) "bingo hall" means a development used for the playing of bingo; 6ommon washroom facilities and used to provide sleeping accommodation orclooping accommodation and meals to residents of the city. Typical uses include a "boarding house" means a commercial endeavour or development located within a dwelling unit where the commercial activity, or any part thereof, is to provide individuals with shared access to any of the following on a fee-for-service basis: (c) washroom facilities; sleeping accommodations; or cooking or eating facilities, as in a cafeteria or canteen. BYLAW 9/2005 (Page 1)

11 Parti General General Typical uses include hostels and rooming houses. Notwithstanding the foregoing, a dwelling unit occupied by a family and a maximum of two lodgers shall not be considered a boarding house; "breezeway" means, in the case of commercial and industrial districts, an open air store front space located between two commercial buildings through which pedestrian only access is provided to businesses and services and, in the case of residential districts, means a roofed structure that connects two buildings; "broadcasting studio" means a development used for the production or broadcast of audio or visual programming including radio and television programs; "building" includes anything constructed or placed on, in, over or under land, but does not include a highway or road or a bridge that forms part of a highway or road; "building envelope" means the three-dimensional space within which a building can be constructed; (BL19/2006) "building frontage" means a wall or fagade on the exterior of a building which faces a public roadway; (BL19/2012) "building mass" means the height, width and depth of a building; (BL19/2006) "building recess" means a recessed area at finished grade that is created by an overhanging upper part of a building at the building frontage or by setting a portion of a building back from the front property line; "build-to line" means the line at which construction of a building frontage is to occur on a lot. A build-to-line runs parallel to, and is measured from, the front property line and is established to create an even building fagade on a street; (BL19/2012) "bulk oil and chemical storage" means a development where refined or crude oil or liquid or solid chemical is stored outdoors; "business support service" means a development used to provide any of the following services: printing, duplicating, binding or photographic processing, office maintenance services, secretarial services, security services, sale or rental of business equipment, service and repairs to office equipment and advertising; "campground" means a development used to provide outdoor spaces to the public for temporary accommodation in tents or recreation vehicles; For the purposes of this definition, a recreation vehicle is considered to be an accessory building when utilized for the purpose of a dwelling for security and maintenance of the campground. (BL30/2007) "canopy" means a fixed structure that provides overhead shelter comprised of a roof and supporting structure that are attached to and extend from a building and includes a theatre marquee; "canopy, freestanding" means a fixed structure made of rigid materials that provides overhead shelter and comprised of a roof and supporting posts and is not attached to any other building; "cantilevered wall section" means a projection of part of an exterior wall of a building not supported by a foundation wall for the purpose of accommodating a bow or bay window, shelving units, closets, a fireplace, or a portion of a bathroom. At no BYLAW 9/2005 (Page 2)

12 CITY OF ST. ALBERT BYLAW 12/2010 Being a Bylaw to regulate the conduct and activities of people on privately owned property and immediately adjacent areas in order to promote the safe, enjoyable and reasonable use of such property for the benefit of all citizens of the City. WHEREAS, the Municipal Government Act allows a Municipality to pass bylaws for municipal purposes respecting the following matters: the safety, health and welfare of people and the protection of people and property; (c) nuisances, including unsightly property; the enforcement of bylaws made under the Municipal Government Act or any other enactment including any or all of the following: (i) (ii) (iii) (iv) (v) (vi) the creation of offences; for each offence, imposing a fine not exceeding $10,000 or imprisonment for not more than one year, or both; providing for imprisonment for not more than one year for non-payment of a fine or penalty; providing that a person who contravenes a bylaw may pay an amount established by bylaw and if the amount is paid, the person will not be prosecuted for the contravention; providing for inspections to determine if bylaws are being complied with; and remedying contraventions of bylaws; and AND WHEREAS the Safety Codes Act allows a Municipality to make bylaws respecting the following matters: Minimum maintenance standards for buildings and structures; and Unsightly or derelict buildings or structures; and AND WHEREAS the Agricultural Pests Act and the Weed Control Act, allows a Municipality to make certain bylaws; NOW THEREFORE the Municipal Council of the City of St Albert hereby ENACTS AS FOLLOWS: PART 1 DEFINITIONS AND INTERPRETATION 1. This Bylaw may be referred to as The Community Standards Bylaw. 2. In this Bylaw, unless the context otherwise requires: Boarding House means a commercial development or endeavour located within a Dwelling Unit where the commercial activity, or any part thereof, is to provide individuals with shared access to any of the following on a fee-for-service basis: BYLAW 12/2010 (Page 1 of 9)

13 i. washroom facilities; ii. sleeping accommodations; or iii. cooking or eating facilities, as in a cafeteria or canteen. Typical uses include hostels and rooming houses. Notwithstanding the foregoing, a Dwelling Unit occupied by a family and a maximum of two lodgers shall not be considered a Boarding House. Boulevard means that part of a Highway that: (i) is not a Roadway; and (c) (d) (e) (f) (g) (h) (i) (ii) is that part of the Sidewalk that is not especially adapted to the use of or ordinarily used by pedestrians; Building includes a structure and any part of a building or structure placed in, on or over land whether or not it is so affixed to become transferred without special mention by a transfer or sale of the land; Bylaw means a City bylaw, and includes any amendments thereto; City means the City of St. Albert a municipal corporation of the Province of Alberta, and includes where the context so requires, the area contained within the boundaries of the City of St. Albert; City Manager means the chief administrative officer of the City or his delegate; Dwelling Unit means a self-contained residence comprising kitchen, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby or stairway inside a building, but does not include any part of a hospital, hotel, motel or recreation vehicle; Graffiti means any images or lettering scratched, scrawled, painted or marked in any manner on Property without the consent of the property owner; Highway means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of Vehicles and includes; (i) a Sidewalk, including a Boulevard adjacent to the Sidewalk, (ii) (iii) if a ditch lies adjacent to and parallel with the Roadway, the ditch, and if a Highway right of way is contained between fences or between a fence and one side of the Roadway, all the land between the fences, or all the land between the fence and the edge of the Roadway, as the case may be, but does not include a place declared by provincial regulation not to be a Highway; (j) Motor Vehicle means (i) a Vehicle propelled by any power other than muscular power, or BYLAW 12/2010 (Page 2 of 9)

14 (ii) a moped, but does not include a bicycle, a power bicycle, an aircraft, an implement of husbandry or a motor vehicle that runs only on rails; (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) Municipal Violation Tag means a City-issued notice that alleges an offence and provides a person with the opportunity to pay an amount to the City in lieu of prosecution for the offence; Naturalized Area means an area of land within which, in the sole opinion of a Peace Officer, there exists or has been practised a method of random garden plant distribution that simulates the growth of plants in the natural environment and; (i) does not include any nuisance, noxious or restricted weeds as identified in the Weed Control Act; and i.is not located in the front yard of a Property; Occupy or Occupies means residing on or to be in apparent possession or control of Property; Own or Owns means: (i) (ii) in the case of land, to be registered under the Land Titles Act as the owner of the fee simple estate in a parcel of land; or in the case of personal property, to be in lawful possession or have the right to exercise control over it or to be the registered owner of it; Peace Officer means a person employed for the purposes of preserving and maintaining the public peace and includes, a Community Peace Officer, Bylaw Enforcement Officer or Police Officer; Person means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative; Property means a parcel of land including any buildings or, where the context so requires, a chattel; Roadway means that part of a Highway intended for use by vehicular traffic; Sidewalk means that part of the highway especially adapted to the use of or ordinarily used by pedestrians and includes that part of a Highway between the curb line or, where there is no curb line, the edge of the roadway, and the adjacent property line whether or not it is paved or unpaved; and Vehicle means a device in, on or by which a Person or thing may be transported or drawn on a Highway and includes a combination of Vehicles but does not include a mobility aid; Violation ticket has the same meaning as in the Provincial Offences Procedure Act. Application 3. The standards, requirements and prohibitions contained in this Bylaw shall not apply to the City. BYLAW 12/2010 (Page 3 of 9)

15 PART 2 PROPERTY MAINTENANCE Highway Occupancy 4. For the purposes of this Bylaw, a person who owns or occupies land shall be considered to occupy that portion of any highway between the property line and the centre line of the highway. Land 5. (1) A person shall not cause or permit a nuisance to exist on land they own or occupy. (2) For the purpose of greater certainty, a nuisance with respect to land means a condition that, in the opinion of a Peace Officer, indicates a serious disregard for general maintenance and upkeep, whether or not the condition is detrimental to the surrounding area, some examples which include but are not limited to the following: a. excessive accumulation of material including but not limited to construction equipment or machinery, building materials, appliances, household goods, boxes, tires, vehicle parts, garbage or refuse, whether of any apparent value or not; b. any loose litter, garbage or refuse whether located in a storage area, collection area or elsewhere on the land; c. storage of a inoperable, damaged, dismantled or derelict vehicle(s) or motor vehicle(s), whether insured or registered or not; d. parking or storage of a vehicle (which includes a recreational vehicle or trailer) or boat that is located in the front yard of a property and wholly or partially on turf, lawn, dirt, gravel or other non-hard surfaced areas; (e) smelly or messy compost heaps; (f) grass or weeds higher than 15 centimetres, unless the it forms part of naturalized area"; (g) production of excessive dust, dirt or smoke; (h) production of any generally offensive odours; (i) storage of household furniture and items including but not limited to couches, loveseats, chairs, desks, tables; (j) excessive animal feces or materials that are likely to attract pests; (k) excessively damaged or non structurally sound fence or retaining wall that borders City property; (l) other than those located on a Boulevard, any tree, shrub, other type of vegetation or any structure; (i) (ii) that interferes or could interfere with any public work or utility; that obstructs any sidewalk adjacent to the land; or BYLAW 12/2010 (Page 4 of 9)

16 (iii) that impairs the visibility required for safe traffic flow at any intersection adjacent to the land; and (m) any accessible excavation, ditch, drain or standing water that could pose a danger to the public. Snow Removal 6. (1) A person shall maintain any sidewalk adjoining and adjacent to land they own or occupy and clear of any dangerous condition caused by snow or ice within 48 hrs from which the dangerous condition was formed. (2) For the purpose of greater certainty a dangerous condition with respect to snow and ice accumulation means a condition that, in the opinion of a Peace Officer, may to cause someone to slip, trip or fall, some examples which include but are not limited to the following: (c) slippery ice formulation; snow depth (packed or loose) in excess of 30 cm; and significantly uneven packed snow. (3) No Person shall remove snow or ice from any Sidewalk or Property by causing such material to be placed upon City Property, other than the adjacent Boulevard they occupy. (4) Notwithstanding subsection (3), where any portion of a building abuts a Sidewalk, a Person may clear snow or ice onto the Roadway, but only in a manner so as to avoid causing a dangerous roadway condition or obstruction. (5) If a Person fails to remove the snow or ice from the Sidewalk as required in subsection (1); or permits or causes the snow or ice to be placed upon City Property in contravention of subsection (3), the City may cause the removal of that snow or ice. (6) Where possible, any cost incurred by the City while acting in accordance with subsection (5) may be added to the tax roll respecting the referenced property. Buildings 7. (1) A person shall not cause or permit a nuisance to exist with respect to any building on land they own or occupy. BYLAW 12/2010 (Page 5 of 9)

17 (2) For the purpose of greater certainty, a nuisance with respect to a building means a condition that, in the opinion of a Peace Officer, indicates a serious disregard for general maintenance and upkeep, whether or not the condition is detrimental to the surrounding area, some examples which include but are not limited to the following: (c) any damage to a building; any graffiti displayed on the building that is visible from any surrounding property; any excessive rot or other excessive deterioration within the building; (d) (e) any peeling, unpainted or untreated exterior surfaces, missing shingles or other roofing materials, broken or missing windows or doors, or any other hole or opening in the building; and snow or ice accumulation on the structure s roof, eaves or awnings such that may cause a danger to the public. Unoccupied Buildings 8. (1) If a building normally intended for human habitation is unoccupied then any door or window opening in the building may be covered with a solid piece of wood (or other similar suitable material) but only if it is: (c) (d) installed from the exterior and fitted within the frame of the opening in a watertight manner; of a thickness sufficient to prevent unauthorized entry into the building; secured in a manner sufficient to prevent unauthorized entry into the building; and coated with an opaque protective finish that matches or complements the existing exterior finish in a manner that is not detrimental to the surrounding area. (2) Subject to the appropriate appeal process, if a building normally intended for human habitation has been declared unfit for human habitation by the local health or building authority then the property owner shall; (i) remedy the deficiencies in order for the declaration to be removed; or (ii) remove or demolish the building; Any work or action required by the building owner pursuant to subsection shall be completed; (i) (ii) within the specified time, if given by the health or building authority, or if no time period is given by the health or building authority, within twenty four (24) months of the building deemed unfit. Boarding Houses BYLAW 12/2010 (Page 6 of 9)

18 8.1 A Person shall not cause or permit a Boarding House to exist with respect to any Property or Building they own or occupy. PART 3 ENFORCEMENT Offence 9. (1) A person who contravenes any provision of this Bylaw is guilty of an offence. (2) When a corporation commits an offence under this bylaw, every principal, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence. (3) If a partner in a partnership is guilty of an offence under this bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. Continuing Offence 10. In the case of an offence that is of a continuing nature, a contravention of a provision of this Bylaw constitutes a separate offence with respect to each day, or part of a day, during which the contravention continues, and a person guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each such separate offence. Fines and Penalties 11. A Person who is guilty of an offence under this Bylaw is liable to a fine as prescribed in Schedule 1; or on summary conviction, to a fine not exceeding $10, or to an order of imprisonment for not more than 1 year, or both. Municipal Violation Tag 12. (1) A Peace Officer may issue, with respect to an offence under this Bylaw, a Municipal Violation Tag specifying the fine amount (including any Early Payment fine amount) established by this Bylaw. (2) Where a Municipal Violation Tag is issued, the fine amount indicated thereon may be paid as directed in lieu of prosecution. Violation Ticket 13. (1) A Peace Officer may issue, with respect to an offence under this Bylaw, a Violation Ticket: specifying the fine amount established by this Bylaw; or requiring an appearance in court without the option of making a voluntary payment. BYLAW 12/2010 (Page 7 of 9)

19 (2) Where a Violation Ticket specifies a fine amount, a voluntary payment equal to the specified fine amount may be made as directed. PART 4 REPEALS 14. (1) Upon coming into force this Bylaw repeals Bylaw 3/77 and Bylaw 34/80; and sections 56 and 57 of Bylaw 18/2005. (2) The Chief Administrative Officer is authorized to consolidate Bylaw 18/2005. READ a first time this 22 nd day of March READ a second time this 22 nd day of March READ a third and final time this 22 nd day of March SIGNED AND PASSED this day of March MAYOR CHIEF LEGISLATIVE OFFICER BYLAW 12/2010 (Page 8 of 9)

20 Schedule 1 Specified Penalties OFFENCE SECTION PENALTY Cause/Permit nuisance on land owned/occupied 5(1) $1000 Fail to remove snow/ice from Sidewalk as prescribed 6(1) $250 Place snow/ice on City Property when prohibited 6(3) $250 Cause/Permit nuisance in respect to building on land 7(1) $1000 owned/occupied Use of unauthorized material intended to cover openings in 8(1) $1000 unoccupied building. Failure to remedy deficiencies within prescribed time. 8(2) $2000 Cause/Permit Boarding House 8.1(1) $5000 BYLAW 12/2010 (Page 9 of 9)

21 ATTACHMENT 4 Information Request Number: Council Meeting Date: June 23, 2014 Author: Gene Klenke Department: Legal Services Date of Response: July 14,2014 General Manager: N/A City Manager: Question: CITY COUNCIL INFORMATION REQUEST Outside of a "Bed-and-Breakfast", "Group Home", and "Group Home, limited" has the City considered all other commercial dwelling units providing access to washrooms, sleeping accommodations or cooking and eating facilities including, but not limited to: - a 4 bedroom single family home rented to 4 university students - a business owner providing housing for a new Canadian family with 5 members - other? Response: Staff has considered other accommodation circumstances while drafting these restrictions. As noted previously, permissible land uses such as hotels, rental suites, bed-and-breakfast accommodations and group homes have their own applicable provisions within the Land Use Bylaw. Further to the specific uses noted in this information request: the first scenario would qualify as an unauthorized boarding house use if the students are unrelated (i.e. not family ) and are sharing kitchen and bathroom amenities. This common form of student housing is not permissible in St. Albert. the second scenario would not qualify as a boarding house use if the occupants comprise a family. There is no bylaw limit placed on the number of members within a family, however, a charge for operating an unlawful boarding house may result if the owner adds more than 2 unrelated lodgers to the list of occupants (it may be that in recognition of the local need for low-cost housing options the Land Use Bylaw has historically permitted up to 2 lodgers in residential homes). Family is an ever-evolving concept that is not currently defined in the Land Use Bylaw or Community Standards Bylaw. Enforcement staff would use discretionary powers to determine whether a group of occupants within a single family home may qualify as a family, and overall, whether there is a reasonable grounds to lay a charge. If a charge is issued and challenged, the court is the determiner of fact.