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S2rl ReportBRAMPTON
Committee of Council
Committee of the Council of
The Corporation of the City of Bramptonbramptonca FlOWef City
COMMITTEE OF COUNCIL Date May 26 2011 naTF-JUnn IS fZOif File G02
Subject Enforcement Program - SeizureDisposal of Residential Real Estate Signs in contravention of the Sign By-law
Contact Doreen Biesenthal Manager of By-law Enforcement (905-458-3424 x 63220)
Overview
bull In September 2010 pursuant to a delegation of the Brampton Real Estate Board (BREB) staff was directed to report back with respect to a request to amend the Sign By-law as it relates to open house signs and with respect to changes to the enforcement program for all residential real estate signs
bull The matter of the Sign By-law amendment is to be reported to the Planning Design and Development Committee
bull This report speaks to the enforcement program as it pertains to the seizure of residential real estate signs placed in contravention of the Sign By-law
bull Since this relates only to residential real estate signs the Enforcement and By law Services Division offers a proposal whereby all seized signs will be delivered to a specified permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
bull Note This does not preclude the laying of charges of signs placed in contravention of the Sign By-law
Recommendations
1 THAT the report from Doreen Biesenthal Manager of By-law Enforcement Enforcement and By-law Services Corporate Services dated May 26 2011 to the Committee of Council Meeting of June 15 2011 re Enforcement Program - SeizureDisposal of Real Estate Signs in contravention of the Sign By law be received and
G2-2
2 That subject to an acknowledgement satisfactory to the City Solicitor that BREB
assumes all responsibility all residential real estate signs seized by the Enforcement and By-law Services Division for being in contravention of the Sign By-law be delivered to a designated permanent location established by the Brampton Real Estate Board
Background
Pursuant to a delegation of the Brampton Real Estate Board (BREB) Recommendation
CW226-2010 was approved by Council on September 15 2010 staff was directed to review the following in consultation with the Brampton Real Estate Board
1 To amend the Sign By-law as it pertains to real estate open house directional signs as follows
bull to permit setbacks of 1m from the curb asphalt or gravel shoulder of a roadway on the side used by pedestrians and
where a boulevard exists the sign may be placed only on the side of the sidewalk furthest from the road provided the sidewalk is not 1m from the curb
2 To revise by-law enforcement practices which would provide for the return of confiscated real estate signage to the Brampton Real Estate Board or the individual agents
The matter of amendment to the Sign By-law is the subject of a report from the Building Division to the Planning Design and Development Committee
This report speaks to the request for revisions to enforcement practices
Current Situation
Staff of the Building Division and Enforcement and By-law Services Division met with executive members of the Brampton Real Estate Board in March 2011 to discuss proposed amendments to the Sign By-law and the possibility of establishing a program whereby residential real estate signs which have been seized by Enforcement and By law Services as a result of being in contravention of the by-law could be retrieved
Currently residential real estate signs which are placed in contravention of the By-law are seized by Enforcement and By-law Services and are recycled where appropriate or disposed of as garbage
Gl-h
Enforcement and By-law Services seizes and requests prosecution of approximately 180 illegal residential real estate signs annually
Retrieval of Seized Signs
At one time a fenced sign containment area was operated by Works and Transportation
at the Williams Parkway Works Yard Seized signs were deposited and owners were
able to retrieve their signs during regular business hours upon payment of a fee
Approximately four years ago the sign containment area became unmanageable as it
became overrun with seized signs which were not retrieved The work required to store track and release the signs became excessive from both labour and administrative
perspectives A safety concern also became evident as persons were occasionally discovered trying to climb the chain link fencing into the containment area to retrieve signs The containment area was removed and currently signs are discarded by
recycling where appropriate or dealing with them as garbage
Establishment of a Retrieval Program
If a program was to be reinstated by the City to manage and administer the return of seized signs there would be cost and resource implications including
bull Determination of a location for and construction of a containment area in an area
not immediately accessible to the public (225 square foot chain link fenced area at an estimated cost of $3800)
bull Assignment of resources to manage and administer the program (ie storage organization retrieval and disposition at an estimated cost of $15600 annually (10hrsweek x 52 x $30hr)
o logging signs as they are deposited o tracking the duration each sign has been held to allow for regular purging
of unclaimed signs o ensuring that staff is available to escort persons to the containment area
to verify and retrieve their signs o mediating when signs are damaged o accepting payment of a prescribed fee
Note It is not practical to provide an on demand service 10 hoursweek is a substantial amount of time to be simply added to the workload of existing staff therefore it would be necessary to establish a part-time position for specific dayshours when sign retrieval could be done with fees established on a cost recovery basis and included in the Fee By-law
Grl4shyProposal
Since this matter relates only to real estate signs the Enforcement and By-law Services Division proposes to deliver all seized signs to a designated permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
This does not preclude the laying of charges for the Sign By-law contraventions
Consultation with the Planning Design and Development Department (Zoning Services) may be required as to an appropriate location for any containment area to ensure compliance with the Zoning By-law
Conclusion
As a result of a delegation to Committee of Council staff has spoken with representatives of the Brampton Real Estate Board to offer the proposal recommended in this report whereby Enforcement Officers would deliver residential real estate signs seized for being in contravention of the Sign By-law to a designated permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
It is our understanding that BREB has no objection to this proposal
Dave Wilson Kathy Zammit Director of Enforcement and Commissioner of Corporate Services By-law Services
Report authored by Mike Mulick Supervisor of Enforcement
G2-2
2 That subject to an acknowledgement satisfactory to the City Solicitor that BREB
assumes all responsibility all residential real estate signs seized by the Enforcement and By-law Services Division for being in contravention of the Sign By-law be delivered to a designated permanent location established by the Brampton Real Estate Board
Background
Pursuant to a delegation of the Brampton Real Estate Board (BREB) Recommendation
CW226-2010 was approved by Council on September 15 2010 staff was directed to review the following in consultation with the Brampton Real Estate Board
1 To amend the Sign By-law as it pertains to real estate open house directional signs as follows
bull to permit setbacks of 1m from the curb asphalt or gravel shoulder of a roadway on the side used by pedestrians and
where a boulevard exists the sign may be placed only on the side of the sidewalk furthest from the road provided the sidewalk is not 1m from the curb
2 To revise by-law enforcement practices which would provide for the return of confiscated real estate signage to the Brampton Real Estate Board or the individual agents
The matter of amendment to the Sign By-law is the subject of a report from the Building Division to the Planning Design and Development Committee
This report speaks to the request for revisions to enforcement practices
Current Situation
Staff of the Building Division and Enforcement and By-law Services Division met with executive members of the Brampton Real Estate Board in March 2011 to discuss proposed amendments to the Sign By-law and the possibility of establishing a program whereby residential real estate signs which have been seized by Enforcement and By law Services as a result of being in contravention of the by-law could be retrieved
Currently residential real estate signs which are placed in contravention of the By-law are seized by Enforcement and By-law Services and are recycled where appropriate or disposed of as garbage
Gl-h
Enforcement and By-law Services seizes and requests prosecution of approximately 180 illegal residential real estate signs annually
Retrieval of Seized Signs
At one time a fenced sign containment area was operated by Works and Transportation
at the Williams Parkway Works Yard Seized signs were deposited and owners were
able to retrieve their signs during regular business hours upon payment of a fee
Approximately four years ago the sign containment area became unmanageable as it
became overrun with seized signs which were not retrieved The work required to store track and release the signs became excessive from both labour and administrative
perspectives A safety concern also became evident as persons were occasionally discovered trying to climb the chain link fencing into the containment area to retrieve signs The containment area was removed and currently signs are discarded by
recycling where appropriate or dealing with them as garbage
Establishment of a Retrieval Program
If a program was to be reinstated by the City to manage and administer the return of seized signs there would be cost and resource implications including
bull Determination of a location for and construction of a containment area in an area
not immediately accessible to the public (225 square foot chain link fenced area at an estimated cost of $3800)
bull Assignment of resources to manage and administer the program (ie storage organization retrieval and disposition at an estimated cost of $15600 annually (10hrsweek x 52 x $30hr)
o logging signs as they are deposited o tracking the duration each sign has been held to allow for regular purging
of unclaimed signs o ensuring that staff is available to escort persons to the containment area
to verify and retrieve their signs o mediating when signs are damaged o accepting payment of a prescribed fee
Note It is not practical to provide an on demand service 10 hoursweek is a substantial amount of time to be simply added to the workload of existing staff therefore it would be necessary to establish a part-time position for specific dayshours when sign retrieval could be done with fees established on a cost recovery basis and included in the Fee By-law
Grl4shyProposal
Since this matter relates only to real estate signs the Enforcement and By-law Services Division proposes to deliver all seized signs to a designated permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
This does not preclude the laying of charges for the Sign By-law contraventions
Consultation with the Planning Design and Development Department (Zoning Services) may be required as to an appropriate location for any containment area to ensure compliance with the Zoning By-law
Conclusion
As a result of a delegation to Committee of Council staff has spoken with representatives of the Brampton Real Estate Board to offer the proposal recommended in this report whereby Enforcement Officers would deliver residential real estate signs seized for being in contravention of the Sign By-law to a designated permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
It is our understanding that BREB has no objection to this proposal
Dave Wilson Kathy Zammit Director of Enforcement and Commissioner of Corporate Services By-law Services
Report authored by Mike Mulick Supervisor of Enforcement
Gl-h
Enforcement and By-law Services seizes and requests prosecution of approximately 180 illegal residential real estate signs annually
Retrieval of Seized Signs
At one time a fenced sign containment area was operated by Works and Transportation
at the Williams Parkway Works Yard Seized signs were deposited and owners were
able to retrieve their signs during regular business hours upon payment of a fee
Approximately four years ago the sign containment area became unmanageable as it
became overrun with seized signs which were not retrieved The work required to store track and release the signs became excessive from both labour and administrative
perspectives A safety concern also became evident as persons were occasionally discovered trying to climb the chain link fencing into the containment area to retrieve signs The containment area was removed and currently signs are discarded by
recycling where appropriate or dealing with them as garbage
Establishment of a Retrieval Program
If a program was to be reinstated by the City to manage and administer the return of seized signs there would be cost and resource implications including
bull Determination of a location for and construction of a containment area in an area
not immediately accessible to the public (225 square foot chain link fenced area at an estimated cost of $3800)
bull Assignment of resources to manage and administer the program (ie storage organization retrieval and disposition at an estimated cost of $15600 annually (10hrsweek x 52 x $30hr)
o logging signs as they are deposited o tracking the duration each sign has been held to allow for regular purging
of unclaimed signs o ensuring that staff is available to escort persons to the containment area
to verify and retrieve their signs o mediating when signs are damaged o accepting payment of a prescribed fee
Note It is not practical to provide an on demand service 10 hoursweek is a substantial amount of time to be simply added to the workload of existing staff therefore it would be necessary to establish a part-time position for specific dayshours when sign retrieval could be done with fees established on a cost recovery basis and included in the Fee By-law
Grl4shyProposal
Since this matter relates only to real estate signs the Enforcement and By-law Services Division proposes to deliver all seized signs to a designated permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
This does not preclude the laying of charges for the Sign By-law contraventions
Consultation with the Planning Design and Development Department (Zoning Services) may be required as to an appropriate location for any containment area to ensure compliance with the Zoning By-law
Conclusion
As a result of a delegation to Committee of Council staff has spoken with representatives of the Brampton Real Estate Board to offer the proposal recommended in this report whereby Enforcement Officers would deliver residential real estate signs seized for being in contravention of the Sign By-law to a designated permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
It is our understanding that BREB has no objection to this proposal
Dave Wilson Kathy Zammit Director of Enforcement and Commissioner of Corporate Services By-law Services
Report authored by Mike Mulick Supervisor of Enforcement
Grl4shyProposal
Since this matter relates only to real estate signs the Enforcement and By-law Services Division proposes to deliver all seized signs to a designated permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
This does not preclude the laying of charges for the Sign By-law contraventions
Consultation with the Planning Design and Development Department (Zoning Services) may be required as to an appropriate location for any containment area to ensure compliance with the Zoning By-law
Conclusion
As a result of a delegation to Committee of Council staff has spoken with representatives of the Brampton Real Estate Board to offer the proposal recommended in this report whereby Enforcement Officers would deliver residential real estate signs seized for being in contravention of the Sign By-law to a designated permanent location established by BREB subject to an acknowledgement that BREB assumes all responsibility
It is our understanding that BREB has no objection to this proposal
Dave Wilson Kathy Zammit Director of Enforcement and Commissioner of Corporate Services By-law Services
Report authored by Mike Mulick Supervisor of Enforcement