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Reform Coalition of Perth East

Mission Statement:
Our mission is to work to ensure the residents of the Township of Perth East have a strong voice at council.

We will work to ensure that council fairly and appropriately represents the needs of the residents, while ensuring complete accountability.

Reasons Council Has Given To Justify the Property Standards Bylaw

5/6/2018

1 Comment

 

       Since the Property Standards Officer was appointed, council and staff have given the public various reasons as to why the officer needs the power of warrantless entry. Here is a list of those reasons and our counter arguments:
Perth East:  The province of Ontario is forcing all municipalities to have a Property Standards bylaw and officer by July 1st, 2018.      
Counter Argument: The province is NOT forcing all municipalities to have a Property Standards bylaw. If  municipalities do not have a bylaw in place by July 1st, they will fall under the Residential Tenancies  Act. This act only applies to landlords and tenants, and does not give anyone the authority of warrantless entry
Perth East:  If the township does not have a Property Standards Officer, then the township has to appoint  a Residential Tenancies Officer. There needs to be an officer either way
Counter Argument: Nowhere in the Residential Tenancies Act does it say that municipalities  have to appoint an enforcement officer.
Perth East: The officer will only respond to written complaints and try to work with property owners to comply with property standards  before entering the property without their permission
Counter Argument: While this sounds reassuring, nowhere  in the provincial bylaw or Perth East's bylaw is it written that the officer can only respond to written complaints. The RCPE has asked for this to be added to the bylaw but has not as of this posting
Perth East: This bylaw has been in effect since 2001 but hasn't had an enforcement officer in resent years. Since there was not a problem before, there shouldn't be a problem now 
Counter Argument: At this point we should be thankful that we have not had an issue arise! Being lucky does not mean that an issue will not arise. The passing of this bylaw was wrong in 2001 and it is wrong now. A misdeed done in the past does not make it right!
Perth East: A similar officer was recently appointed in North Perth and the citizens didn't protest that officer's appointment.
Counter Argument: We don't agree with giving an officer warrantless entry in any municipality, including North Perth but that is an issue for their citizens to decide. We are in Perth East and we want our concerns heard! 
Perth East: Property Standards can not be enforced without this officer
Counter Argument: Perth East already has a "Tidy Yards" bylaw. This bylaw covers most of the issues in the property standards bylaw but is enforced by Municipal Law Enforcement Officer. This officer does not have the authority of warrantless entry but can still enforce codes set out in the "Tidy Yards" bylaw.

           As you can see, neither council or staff have given the residents of Perth East one good reason as to why we need an officer with this kind of authority. As we have stated from the start of the passing of this bylaw, we are not against having property standards or a way to enforce those standards but we are against an enforcement officer with authority greater than even a police officer. 
         Do not just take our word for these arguments, we encourage everyone to research these issues on their own and come to their own conclusions.
1 Comment
Karen
6/24/2018 11:09:29 am

I agree whole-heartedly that these kinds of by-laws are unjust and unnecessary. In no way should a person in this capacity have rights above and beyond police officers to access properties without warrant. Why should one person be given the authority to become judge, jury and executioner? We are becoming further and further away from living as a free society and quickly moving into a communist state. People need to be informed, have a voice and speak out against the bullying!

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