Petition to change Pontiac municipalitys Nuisance bylaw
Mo Laidlaw
A large crowd of at least 100 people attended the 12 April Pontiac council meeting in the Luskville community centre, to support the petition to change the Nuisance bylaw.
Seventeen people signed the book to speak to council at the beginning of the meeting, but when Mayor Eddie McCann told the first speaker, Richard Simourd that because of the large number of people who wished to speak his time would be limited, several withdrew their names, appointing Mr Simourd as their spokesman.
It was a polished presentation. Mr Simourd, a cottage resident, first asked, What is the purpose of the Nuisance bylaw?
Mr McCann replied, To clean up properties. Mr Simourds next statement, that people feel bullied was greeted with cheers and whistles of agreement. He said that in his own case he had improved his property, his taxes have increased 60%, but he has violated the bylaw multiple times. Why make everyone a criminal?
Mr McCann said that is not the intent, and criminal is inappropriate and wrong. Mr Simourd said the bylaw is being used as a weapon against people, not for our benefit.
Should the list be private?
There was a long discussion about why the bad properties were ignored, with the mayor explaining that because the process is confidential, unless people speak about it in public, residents dont know who has been targeted. The bad properties that we all recognise will be among the active files. It is discouraging how long it takes to get action in the cases going to court.
Inspector, or complaints to initiate action?
Mr Simourd said he was uncomfortable that a low-level employee is deciding whether or not properties are a nuisance, some factors being a matter of taste or aesthetics, and suggested that a complaint from a neighbour should be required. Many of the infraction notices had been received by people with recent building permits, while people who had done construction without a permit were getting away with it.
The letters are the problem
The process is wrong, Mr Simourd continued. Dont start with a threatening letter, (saying that action must be taken within 3 or 10 days). Start with a warning, perhaps verbal, some explanation. Make an appointment to meet the owner to discuss what needs to be done, and to get clarification - such as that a freezer is in use. The attitude of the inspector must be more diplomatic and respectful. When the problem has been corrected, a letter should be sent stating that the property now conforms.
Mr McCann replied that often municipal employees are met with extremely disrespectful behaviour, but they are required to be respectful at all times. I wont put up with people attacking (verbally) municipal employees. It was clear that some problem residents were in the audience. Someone shouted from the floor that inspectors should not have the right to come on their property at any time, or take photos of their garage door.
Petition with 700 signatures
A petition to change the bylaw was handed in, with the comment that 200 more people were afraid to sign for fear of reprisals by municipal officials. The mayor repeated that they should not fear reprisals.
The mayors response
After this presentation the mayor read a text he had written in response to an unsigned letter in the Pontiac Journal, an anonymous flyer and a letter signed by eight residents for six properties. (In summary): It is difficult to have a discussion with anonymous individuals. I will answer their questions if they contact me. As far as the specific concerns of the signed letter, four of the six files were settled and closed with no fines before the letter was written. The inspector follows the bylaw and has the support of municipal council to enforce the bylaw. The municipality cannot issue fines, it has to go through the court. Action is not based solely on complaints. When we receive complaints they are acted on with confidentiality. The by-law is meant to be consistent for everyone and will be applied consistently in all areas of the municipality.
Mr McCann has looked at the threatening letter and talked to staff, and they will produce a better letter immediately. When Mr Simourd said, Target the worst offenders, Mr McCann replied, The public will not know, this is private between the municipality and the individual, and remains confidential until it is necessary to go to court. (i.e. if action is not taken to clean up the property.)
A working freezer outside must be locked
Lonnie Wiggins then spoke to council: Im the guy with the freezer on the porch. Apparently the building inspector saw two appliances on the side step and thought they were both unused.
Mr McCann said that unfortunately Mr Wiggins had received the letter for a nuisance, instead of the one saying that a lock is required on an outdoor freezer for safety reasons. Then there was a mixup with another file for someone with the same name in the same area. The mayor had told Mr Wiggins incorrectly that the file was closed, so when the inspector came for a second visit there was a misunderstanding.
Stress
Joan Belsher spoke about turmoil in the community, people being stressed and getting sick. She had asked for an appointment with the inspector so she could be home when he came. We never heard back from the inspector so we dont know if our file is closed. We thought you were against us, she told the mayor, who replied No.
Lisa Young added, Its how the bylaw is being enforced that is the problem, not the bylaw.
Community living needs a nuisance bylaw
Pierre Robillard talked about living in a community, and how we cannot leave old cars or building materials all over the place. He doesnt agree with those who say, Its my lot, Ill do what I like on it. Tourism will bring more money into the community and so we must all try and keep our properties looking nice, although perfection doesnt exist.
Dont shoot the messenger
Jean-Léon Marcoux said he had been a building inspector, and it can be hard to deal with the public. However looking behind garages is like lifting a ladys skirt to take a picture. Both sides should be respectful. If the resident is using bad language the employee should not say anything, but return with a partner, so there is a witness. The community can help too, by having a bee to help people who have trouble cleaning up.
The mayor and councillors rejected a motion to suspend new actions under the Nuisance bylaw while a committee works on modifying the process, and another to implement a public complaints process. Councillor Middlemiss pointed out that there is already a complaints process, but it is not public.