Discussion With Township's Lawyer

At the April 17th council meeting, the township hired a lawyer to discuss the property standards bylaw.  His name was Eric Davis and is from a firm in Waterloo. He did very little to ease concerns that the residents had with the bylaw as he talked very little about what the bylaw actually says and more about how the Property Standards Officer should operate or does operate in other municipalities.
The following is an email from Kelly Reihl, a resident of Perth East who confronted the Eric after the council meeting:

Thanks for the update, you all have done a wonderful job. Thank you!

Just as an FYI for everyone.

 I spoke with Eric Davis after the meeting last night. He was in a rush and didn't seem to want talk much or answer questions but I tracked him down, through the back room. 
We started our conversation there.
Our Property Standards Officer along with other councilors were in  this room. You could tell Davis really didn't want to talk with me or answer my questions.

I asked him point blank give me a 
YES  or NO answer. 
Can the Property Standards Officer come onto your property without even having a written or verbal complaint made to the municipality?
Davis started saying well why would  they do that. The Property Standards Officer would have no reason to do that. 

Davis then said he needed to get his coat. My feeling was very much  he did not want to talk  or  answer my question.
 I said go ahead I will follow you to get your coat. We went through the door to the hall by the cloak room area.

 I said please answer YES or NO
Can The Property Standards Officer come onto your property without even having a complaint?
He said YES they can they do not need a complaint.

Our conversation continues in the cloak room hallway.

 I then asked Davis if The Property Standards Officer has  to call ahead or give any notice to the Property Owner before they come onto your property?

Well he said they mostly always do. We want the Property Standards Officer to work with the people and fix any situations. We want a good relationship....bla bla bla.
I said please give me a YES or NO answer
Do they have to call ahead or give notice of any kind before entering your property?

NO they don't need  to give notice  Davis answered. 

I then asked can the Property Standards Officer go into old buildings like barns and sheds through windows that have been broken with no glass in them.  Find  an unlocked  back entrance into a  building or go through closed gates to get  into any buildings?

Again Davis started to say well they would have no reason to do that if the complaint wasn't about inside  buildings.

I said,  I would like a YES or No answer, can they? They all ready have the right to be on the property without a  complaint being made or notice.

YES they can, but not into your dwelling.

I continued asking  more questions. 
Does our municipality have to implement a Property Standars Officer? 

Now that we have A Property Standards  Officer can we put a provision in our by law that the  Officer must give notice to ALL property owners before entering their property?
Perhaps the Property Standards Officer has to have a warrant in our municipality before entering a property if permission is not granted by the Property Owner for their enter.

He did not want to answer. He said at one point I can't give legal advice.

 I then said in your opinion can the municipality implement these provisions?

 He said well no they can't in my option.
I said in your opinion could they implement these provisions or not have one according to judicial law.
Another run around with answers.

At that moment  our new Property Standards Officer came out of the back room put her hand on his arm in a hold position and said the councillors want to talk to you now you have to come. Davis  of course jumped at the chance to leave.

Maybe a totally of 5 minutes I got to speak with Davis. 

A Property Standards Officer's right are:

*NO COMPLAINT IS REQUIRED FOR THEM TO ENTER YOUR PROPERTY

*No notice is required  to the  property owner before entering your property

*they can go into any of your buildings if they find a way in that is not locked, but can not enter your dwelling.

Truly more authority than an officer of the law when it comes to entering private property.

Kelly  Herlick-Riehl