City considering bylaw change to address tents on private property

According to a report read and discussed earlier this week by the committee, approximately three years ago, the City began seeing homeless encampments spring up in wooded areas or vacant lots.

“If left, these encampments had the tendency to grow and become hot spots for drug use, gang activity and hazardous activities such as fires being lit in the trees. Toilet areas caused health hazards. Debris would also accumulate and become very unsightly,” the report explained.

The report goes on to explain all of this became a danger and nuisance to any nearby business or residential areas. In situations involving peoples’ backyards, permission may have been given by the people renting the house, but often the owners/landlords had no idea this was happening.

Situations like this have been popping up all over the city. (citypa.ca)

How the City deals with complaints?

After receiving a complaint related to people living in an RV, camper, trailer or accessory building on private property, the city follows a number of steps.

If an investigation finds evidence of habitation or of a power connection, a warning note will be left and a a deadline is provided.

Following failure to comply, a formal order is then ordered, which is then followed by the owner of the property facing fines, court, or in some cases, the removal of the camper from the property.

The report also explains that because the Bylaw, in its current form, does not prohibit the habitation of tents, the City can only immediately deal with the garbage, debris and illegal fire pits.

“In order to deal with the removal of the tents, we must prove that they are becoming a nuisance to the neighbourhood and use the general nuisance section of the bylaw, which states “Nuisances Prohibited Generally. No person shall cause or permit a nuisance to occur or remain on any property owned by that person.”

Issues for the City?

Noting simply changing the wording of the bylaw is a solution, the report also notes Bylaw Enforcement is very aware of the severity of the homelessness issue.

“There are no free shelters currently running. There is one shelter for women with minimal fees, but nothing for men. If people are displaced from a private property, they will end up somewhere else such as a forested area, as they have no place else to go (Riverbank example).”

The report also explains Bylaw Enforcement does not want to overstep into civil matters and liberties that will negatively affect the well being of citizens.

“For example, what if residents of a household want to live in a tent in their own backyard for an extended time. This is not something we want to interfere with.”

Further to these questions, are concerns related to Charter rights.

Last January, a Superior Court Judge in Ontario prevented the eviction of approximately 50 people from a tent camp in downtown Kitchener.

While there was question that it conflicted with a municipal bylaw forbidding the erection of “any form of structure” on municipal property, the judge stated camp denizens had a charter right not to be moved unless the region could ensure suitable alternative shelter was available.

The decision invoked a string of court decisions from British Columbia that have flowed forth from 2009’s Victoria v. Adams ruling by that province’s Court of Appeal.

Options being considered

1 – The Bylaw is left as is, and the City will continue to focus on the garbage, debris, illegal fire pits and unsanitary conditions; but allow habitation of tents as long as it is not becoming a nuisance to the neighbourhood.

2 – The Bylaw is changed to completely prohibit the habitation of tents on private property.

3 – Certain timeframes are established in which a person is allowed to stay in a tent, after which it would be considered habitation and be prohibited.

Committee meetings are meant to gather information or thoughts on items the department is working on- then should there be changes to help bylaw or clarify so residents and neighbourhoods. Planning Committee Chair Dawn Kilmer confirmed for paNOW nothing has been finalized at this stage of the discussions.

“It’s a work in progress”, she said.

Attempts were made to get a comment from City officials, but there was no response by the publishing deadline.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

by Nigel Maxwell

City considering bylaw change to address tents on private property

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