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5 · Thursday, August 12, 2010 OAKVILLE BEAVER · www.oakvillebeaver.com Council adjusts definition to boost enforcement Noise, parking and management -- common complaints Continued from page 1 Common nuisance complaints associated with the lodging houses usually involve noise, poor property management or parking. Since 2007 the Town has had a bylaw in place requiring lodging houses to have licences and restrict the number of units they have to three. This followed a near fatal 2006 fire in a house that had been converted to illegally accommodate multiple tenants. In addition to fixing the definition of a lodging house, council also voted to pass some exemptions. Council stated that shared accommodations, which are defined as being similar to a small scale group homes (five or less residents) designed for physically challenged people, do not fall under the definition of lodging house. A shared accommodation also already requires a licence from the Ministry of Community and Social Services. Council also decided the bylaw does not apply to a lodging house with a maximum of two lodging units provided the owner of the home lives there. In a report to council Town staff stated the rationale for this exemption was that owner-occupied homes rarely generate the same number of nuisance related complaints because of the onsite supervision and personal care and control of the property. Town staff recommended against this exemption stating the occupants of these lodging houses need assurances the owner is complying with the relevant regulations, which is "There are only a few lodging house licences registered with the Town. This may be attributed to a lack of incentive to obtain a licence or the non-compliance with the maximum units permitted." Phil Bouillon, assistant clerk, Licencing and Bylaw achieved through licencing. While council's actions may have clarified what types of lodging houses need to be licenced and what types do not, enforcement of these actions still remains a considerable obstacle. In a June report to council Assistant Clerk for the Licencing and Bylaw Department Phil Bouillon said there are only a few lodging house licences registered with the Town. "This may be attributed to a lack of incentive to obtain a licence or the non-compliance with the maximum units permitted," he said. He also stated in that report that in order to obtain a conviction against an unlicenced lodging house operator, a bylaw enforcement officer has to prove beyond a reasonable doubt that an offence has been committed. To obtain this proof, the officer has to either be granted entry into the lodging house to gather the required evidence or get an occupant of the lodging house to give evidence under oath to support the allegation. The report states that finding such a tenant is difficult and even if the officer gets inside the house, something that may take a search warrant, what is seen may not prove anything. Bouillon said in the report that an officer may see multiple bedrooms, however, there is no way to know whether such units were occupied by the owner, used as guest rooms or rented out as lodging units. The Administrative Penalty under the Licensing Bylaw is $250 for operating a lodging house without a licence, however, fines can reach as high as $5,000 if the case escalates to the provincial court. The June staff report states that Sheridan College has plans to build a student housing facility to accommodate another 250 to 400 students on campus. That facility is expected to be operational by 2012. Speak up! You can comment on any story in today's Oakville Beaver at oakvillebeaver.com Empire Sandy dy y Cruises SOLD 75% Tickets Over Are You Happy With Your Smile? 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