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LETTER: Oro-Medonte deputy-mayor cites court backlog as big issue with STRs

Until charges can be heard by a court in a timely manner, STR enforcement problems will continue regardless of who is elected to council in any municipality, says Hough
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BarrieToday welcomes letters to the editor at [email protected]. Please include your daytime phone number and address (for verification of authorship, not publication). The following letter from Oro-Medonte Deputy Mayor Ralph Hough is in response to another letter titled 'Solution to short-term rental problem already exists,' published April 27. 
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This letter is in response the letter to the editor from Elizabeth Layzell, contending that there is a simple solution to short-term rentals (STRs).

A few municipalities in Ontario, including the Town of Blue Mountains, uses licensing to regulate STRs.

Two years ago, Oro-Medonte staff submitted a report to council with a proposal to license STRs. This proposal was strongly opposed by a large sector of the community and was unanimously rejected by council. It was felt that this would have to be implemented township-wide and could not be restricted to specific areas.

Most of the objectors to the STR plan proposal did not want STRs to be permitted in predominantly residential areas.

The author is correct when stating that she had a part in collecting 1,500 names on a petition that was submitted to Oro-Medonte council.

What she fails to reveal is that the petition included adopting licensing, as used by the Town of Blue Mountains.

The author is correct that Oro-Medonte has a bylaw that is designed to deal with the problematic STRs. However, she appears to be oblivious to the actions and tens of thousands of dollars the township has already spent, and continues to spend to enforce its bylaw.

To remove the onus from the concerns of residents reporting problematic STRs the township contracted a company that gives daily reports to bylaw staff of all STR advertisements on social media platforms. Additionally, this approach counteracts those who claim to not to be renting but using the home free of charge.

Bylaw officers follow up on the listings and follow an evidence-based documentation process that is necessary for successful convictions by the courts.

Every municipality, regardless of the legislation they have, is experiencing the same problems with enforcement as Oro-Medonte.

For a charge to be a deterrent it must be brought before a judge. The existing backlog in the court system is so pronounced that getting charges heard in a timely manner is sometimes problematic and some charges that are laid may never be heard as they are thrown out due to the length of time it takes to get the charges before a judge.

Additionally, even if offenders are found to be in violation, the financial penalties imposed on the offender are such that they are likely be regarded as a ‘cost of doing business’ and a minor impediment to the costs of continuing with a lucrative business.

Attempts by Oro-Medonte to strengthen its current bylaw were upheld when it was appealed to the OLT (Ontario Land Tribunal)

Like the court system, the OLT has an extensive backlog that took approximately one year to have the appeal heard.

Until the written decision outlining the reasons for the OLT’s decision is received, we cannot be certain of the reasons for the decision to dismiss the appeal.

However, the OLT chair did reference following Blue Mountains licensing process when giving her oral decision.

One wonders what impact the 1,500 petition that Elizabeth Laysell was a part in submitting had on the ruling that referenced the Town of the Blue Mountains licensing bylaw.

Considering that all members of the elected council could find themselves living next to a problematic STR it is counter-intuitive to contend they would not do their utmost to enforce the existing bylaw.

Until charges can be heard by a court in a timely manner, STR enforcement problems will continue regardless of who is elected to council in any municipality.

Ralph Hough
Deputy Mayor, Oro-Medonte Township

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