North Bay City Council has approved an updated and more lucrative fine schedule to enforce the City of North Bay's by-law governing clean yards.
"We're trying to put some teeth into this kind of a by-law. We want to get the yards clean," observes Coun. Bill Vrebosch, the vice-chair of the general government committee. "Image is a lot. When we see these kinds of lots that are not being looked after in the city, it [comes back] on us. We have a responsibility to go after these people and say, 'Get them cleaned up, you're making the place look bad.'"
See related: City's clean yard fines set to grow some teeth
Throughout its term, Council has prioritized cleaning up derelict and rundown properties and, with its unanimous support during Tuesday's regular meeting, the clean yards set fine schedule will be submitted to the Ministry of the Attorney General for final approval. Deputy Mayor Tanya Vrebosch has taken a leave to run in the provincial election and Councillors Dave Mendicino and Ed Valenti were absent.
Vrebosch says he welcomes the increase and broadening of the fines this will give municipal by-law officers more enforcement options with tougher fines to hand out under the revamped by-law.
Coun. Scott Robertson has played an important role in shaping Council's direction on matters regarding vacant and derelict buildings and property standards, in general.
See also: City has high expectations for its newly-created property standards position
And: No 'dereliction' of duty as Council redevelops, passes incentive program
Robertson says he is in favour of the increases although he admits he is not completely sold on some of the measures, such as a fine for odours from compost. The regulation of odours can be a slippery slope, as our neighbours to the west learned in the recent past.
As an example, Robertson notes some community members are choosing not to mow their lawns in the month of May for environmental reasons and it is something that should not warrant enforcement.
"I would be concerned if I got a $100 fine for not mowing my lawn because I'm trying to help bees," he says, "but the attitude of our by-law enforcement has always been to achieve compliance and not to be handing out fines for frivolous reasons."
Coun. Mark King supports the increases but feels it is essential for an education campaign on acceptable public standards to accompany the new fine structure, "and the consequences of non-compliance. I'm not so sure we've done a great job at that."
In March, Council passed the Clean Yards By-law No. 2022-28 and repealed the Clean Yards By-law No. 2011-185. Revisions to the by-law include expanding the coverage area to all property within North Bay instead of solely residential. The repeal of the former by-law necessitated a new set fine schedule.
The former by-law carried $65 fines for infractions such as failing to keep residential lands free of domestic waste, failing to keep trim grass and weeds, storing inoperative motor vehicles, and obstructing a by-law officer during an inspection.
See the updated and expanded offences from the new by-law with fines set at either $100 or $200 below:
- $100 Owner fail keep grass and weeds below 20 centimetres
- $100 Owner fail to store refuse or recyclable material in a suitable container
- $200 Owner permit compost to emit odours
- $200 Obstruct officer
- $200 Owner keep motor vehicle on property that is inoperable or without valid registration
- $200 Owner store machinery, vehicle, boat, trailer or part thereof in unusable condition
- $200 Owner fail to keep property free of undesirable material (expanded definition of "undesirable" now includes animal excrement and human waste, stagnant water, dead/damaged/decayed trees, indoor furniture)
Under the by-law, fines are due and payable upon written notification by by-law enforcement or upon issuance of an invoice by the City. If fees are not paid within 30 calendar days, that amount may be added to the tax roll and collected like property taxes. Property owners will also be billed for resources and services "where the City does work or causes work to be done such work shall be done at the expense of the owner," and these fees are also subject to the same collection schedule as above.
According to the staff report, "the new set fine schedule will allow for fines to be issued to an offender without the requirement for a court appearance, which reduces costs and time for enforcement and the Provincial Offences Office."
Both King and Vrebosch referenced the community spirit fostered by the volunteer work of Clean, Green, Beautiful North Bay.
"It must be disheartening for those who go out day after day to try to clean up areas and go back the next week and it's just as bad as it was," notes Vrebosch. "It's the derelict buildings that are left with the boards in the windows and, I'm sorry, that's not part of the city I want to be in. We have to put the responsibility on these owners to clean them up."
