Proposed Property Maintenance and Nuisances Bylaw

Proposed Property Maintenance and Nuisances Bylaw

On the 16 May 2017 the Council resolved to discontinue the review of the Nuisances Bylaw 2005 and stop consultation on the proposed Property Maintenance and Nuisances Bylaw.

On 16 May 2017 Council considered all the public feedback and recommendations from staff. The Council determined that the perceived problem of health and safety risks arising from property maintenance issues was not appropriately addressed by the proposed Property Maintenance and Nuisances Bylaw. Council resolved to discontinue the review of the Nuisances Bylaw 2005 and stop consultation on the proposed Property Maintenance and Nuisances Bylaw.

Following public consultation and consideration of submissions, it became clear there was a widespread view that the proposed Property Maintenance and Nuisance Bylaw would allow Council officers to take enforcement action against property owners who have property that is in a state that is considered to be a nuisance to a neighbour or the public based on its amenity value. Support for the bylaw from submissions seemed to be heavily based on this understanding. The proposed bylaw was not intended to apply to amenity-related perceived nuisances and Council officers would not have the ability to undertake enforcement action under the proposed bylaw for such perceived nuisances.

The proposed bylaw had a focus on serious threats to public health and safety arising from nuisances on private property. After further consideration of historic complaints and requests for service, staff advised Council it is unlikely that the threshold set by the proposed bylaw would be reached with regard to acting to protect public health and safety. As an example, while there have been numerous complaints relating to rats and vermin emanating from a neighbour's property, Council officers have never been able to identify an infestation on a private property at the level of severity which would need to be met for enforcement action to be taken under the proposed bylaw. 

The Nuisances Bylaw 2005 is due for review in 2019.