New powers are being considered for bylaw enforcement that would mean officers could now issue stop-work orders when they encounter work being done without a permit on heritage properties.
During Monday’s (April 11) development and operations services standing committee meeting, councillors voted to recommend making changes to the town’s current heritage delegation bylaw to allow bylaw to issue notices and warnings including orders to discontinue or stop work.
Bylaw enforcement of the updated bylaw would still be done on a complaint-driven basis. Heritage permits would also now expire after five years.
Coun. Deb Doherty said she appreciated the work done to deal with the situation.
“There was a hole in our bylaw that existed previously and it has been filled now,” she said.
Back in Nov. 2021, Doherty first put forward a motion directing staff to investigate drafting a bylaw to aid bylaw officers in issuing stop-work orders for heritage properties following a discussion regarding a property at 12 Fourth Street West.
In that case, the homeowners were facing fines for completing work on their heritage home without a permit. When a bylaw officer visited their home midway through the work being completed, the homeowners were informed then they needed to apply for a permit, however as the officer did not have the authority to issue a stop-work order, the work continued.
SEE MORE: Heritage home issue points to ‘flaws in the system’: Councillor
According to the Ontario Heritage District Act, no owner of a property situated in a heritage conservation district can alter any part of the property, other than the interior. For any exterior work, homeowners must first apply for a permit through the municipality.
“In administering the town’s built heritage program and associated bylaws, it became apparent in the fall of 2021 that there is a gap in the town’s regulatory system regarding the ability to issue work orders for designated heritage properties,” noted community planner Justin Teakle in his report to council considered on Monday.
Deputy Mayor Keith Hull said there are still buildings within Collingwood’s heritage district that have gone years without work being done that he said, in his opinion, borders on neglect.
“Under this new bylaw, this doesn’t rectify that,” he said. “There was grey and ambiguity as it relates to the ability to enforce, so I do appreciate that we’ve taken the grey out and we are focused on the black and white.”
On Monday, councillors voted unanimously in favour of repealing the former bylaw, and enacting and passing the new bylaw. The decision will need to be ratified at the April 25 regular council meeting before going into effect.
