Bylaw Enforcement

By-law Enforcement is responsible for enforcing Municipal Bylaws to ensure a safe, quiet and enjoyable community for all residents. We are also here as a resource if you have questions or concerns relating to Bylaws or other enforcement issues.

Our Bylaw Enforcement Officer investigates noise complaints, property standards issues, littering and dumping, parking and other matters concerning the Municipality of Dutton Dunwich.

Reporting an infraction

You can report a possible by-law violation by completing the By-law Infraction Form or by contacting the By-law Enforcement Officer. Our office hours are Monday to Friday 8:30 a.m. to 4:30 p.m.

What you can expect when making a by-law complaint:

You will be required to give your name, address, phone number and/or email address.
You will then be asked for the details of the concern (where, when, what, how, who)
The complaint will be investigated
Please be patient, enforcement is a process and can take time

Any information you give us will remain confidential unless disclosure is required by law. The Clerk has the responsibility of determining whether to release any by-law information in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Unless the matter goes to court, your name, address and telephone number will be kept confidential. Should the matter proceed to court, it is likely necessary for you to attend as a witness to the violation.

Anonymous complaints will not be investigated unless they are an immediate health and safety risk.

A courtesy warning is often issued on a first offence (not applicable to all regulatory by-laws such as those relating to parking infractions). Subsequent or continued violations may result in fines or court proceedings.

If immediate assistance is required outside of our regular hours, please contact OPP at (519) 348-8700 (non-emergencies only).

Noise Complaints (Including Barking Dogs)

The Municipality recognizes that at certain time, by-law contraventions can negatively impact quality of life and disturb activities. When Municipal By-law Enforcement Services become involved, the Municipality works toward a resolution.

When the Municipality receives a by-law complaint regarding excessive noise or persistent noise, especially with regard to the barking of a dog or other by-law contraventions that require continual monitoring, the process described below may be necessary:

A notice is sent to the owner/occupant of the property where the concern is located. Sometimes, an owner/occupant may not be aware of a problem and this notice will be enough to correct the issue.
For some investigations, at the same time a notice may be sent to the complainant. At this stage, all information with respect to the complainant (i.e. name, address) is kept strictly confidential. However, if the contravention continue to negatively impact the complainant, the Municipality may require the complainant’s involvement and cooperation to help bring closure to the matter.
In order to gather evidence with respect to the contravention which has been brought to the Municipality’s attention, the complainant may be required to record the following information in a log format:

How the contravention is disturbing (i.e. trying to sleep)
The location on their property when the contravention disturbed
Visual information about the source of the contravention (observed dog barking, type of dog)
Time of day contravention disturbed
How long the contravention disturbed

Once the complainant has the above information for at least 15 occurrences within a 30-day time frame in which the contravention has disturbed them contrary to the by-law, they are requested to contact the Municipality to discuss possible charges being laid. Please note that the ten (10) occurrences must be after a formal complaint has been registered and the notices sent out. The Municipality will not proceed unless the notices have already been sent. This ensures the occupant/owner has ample opportunity to take mitigating measures.

The information collected may be entered as evidence if by-law charges are commenced. The complainant will be required to testify in court on the evidence collected in the presence of the occupant/owner of the property from which the contravention has disturbed them. The complainant may also be asked questions by the alleged violator or their legal representative with respect to the evidence collected.

The Municipality hopes this information has been of assistance to you and has clarified the Municipality’s role in assisting citizens in resolving by-law contravention issues.

A resident may elect to file a noise complaint against the owner of a dog that interferes is creating a disturbance by barking, howling or yelping. There are two scenarios as described below.

Dog IS Barking in the presence of an Officer (Police or Municipal Enforcement Officer)

Dog must be continually barking for (20 to 30) minutes or more;
The dog must be barking in the presence of the officer;
A citation may be issued based on the circumstances.

Dog IS NOT Barking in the Presence of an Officer (Police of Municipal Enforcement Officer

Dog must be continually barking for (20 to 30) minutes or more;
An officer cannot issue a citation because they did not witness the dog barking. They are relying on information provided by you to prove the case.
On the first reported complaint, notification will be made with the pet owner informing them that their dog is disturbing and that they need to correct the situation.
A “barking dog incident log” will be provided. The log will provide information to the prosecutor that increases the chances of conviction. The log helps establish the barking dog a nuisance and increases the chances of conviction.
Additional information such as audio, video, or digital recordings help provide evidence that the barking dog is a nuisance
To increase the possibility of legal action and charges being filed, please include additional witnesses, such as neighbours residing within the vicinity, who are willing to complete a complaint form and appear in Municipal Court. You may file a complaint without additional witnesses. However, it may become a situation whereby it could be the pet owner’s word against yours.
There is no set threshold on how many times a dog must bark or how long a dog has to bark but the rule of thumb is 20 to 30 minutes or more continuously, but each case can be based upon its specific elements.
The case will be decided upon information provided by you. Therefore, it is recommended that you be as detailed as possible and provide as much evidence as possible.

Resources

Barking Dog Incident Log Form

Short Term Accommodations (STAs)

Short Term Accommodations allow for residents to offer a place of accommodation or temporary residence through online platforms like Airbnb, VRBO, Kijiji etc.

Council passed By-law 2022-20 on February 9, 2022 to regulate STAs within the Municipality.

The STA licensing program was initiated by the Municipality of Dutton Dunwich to address community concerns and to ensure all rentals operate safely in accordance with the STA by-law 2022-20, the Fire Protection Standards, the Ontario Building Code and Municipal By-laws. Residents and property owners who wish to rent their property for a period of 28 days or less are required to obtain a license.

STA Open House Information Boards (Held March 28, 2023)

STA Information Brochure

By-law 2022-20

Licensing Process

Step 1: Application for your License

Please review By-law 2022-20 in advance of applying
Prepare the following documents for applying:
- Completed application form
- Name and Contact Information for the property owner(s) and Property Manager for the rental
- Proof of Ownership and when applicable, business name and registration and/or articles of incorporation
- Site Diagram – Note: this drawing can be prepared by the owner/applicant
- Floor Plan – Note: this drawing can be prepared by the owner/applicant
- Local Manager Consent (if applicable)
- Evidence of septic pumped out and inspected in the last 3 years
- Declaration of Applicant
- Renter Code of Conduct if different from Schedule E of By-law 2022-20
Cash, cheque or debit payment: $500 for inspections, and license fee $500 (Class A & B) or $1500 (Class C) per dwelling unitBring your complete application, supporting documents and payment to the Municipal Office for submission

Step 2: Inspections

Please contact the below individuals to obtain the required inspections:

Ontario Building Code:

Chief Building Official, Jackie Morgan-Beunen 519-762-2204 x35

Fire Protection Standards:

Fire Chief, Colin Shewell 705-441-5457

Planning approvals will be arranged through municipal staff

Step 3: Application Review

Once step 2 is completed you are now in the process to be considered for a license. However, additional supplemental documents may be required to support your application. Upon request you will be required to obtain and provide the following information:

Electrical Inspection Report
HVAC Inspection Report (if applicable)
WETT Report (if applicable)
Annual Inspection report of chimney, flue pipes etc. (if applicable)

Step 4: Approval

Should all inspections result in compliance, and all requirements be met, Administration will provide an approval in writing and a license will be issued until May 31, 2024. Once the license is issued, the Licensee will be responsible for the maintenance of monthly fire extinguisher inspections, maintenance records and tests for all smoke and CO alarms, the guest register and the Renters Code of Conduct.

Supporting Documents

Declaration of Applicant (on application form)
Application Form
Maintenance Records and Tests for all smoke and CO alarms (note: this should be completed monthly and immediately after each rental)
Monthly fire extinguisher inspection report
Guest Registry
Site Diagram (note: this drawing can be prepared by the owner/applicant)
Floor Plan (note: this drawing can be prepared by the owner/applicant)
Renters Code of Conduct (if different from the Renter's Code of Conduct in By-law 2022-20)

Renew an Existing License

Licensees may apply for renewal of their license each year. Details regarding the renewal process will become available January 2024.

Appeal Process

Where Administration has denied an applicant a license, a renewal of a license, or has suspended or revoked a license, Administration shall inform the applicant or licensee by way of written notice setting forth the grounds for the decision with reasonable particulars and shall advise of the right to appeal such decision to the Committee.

An owner may appeal to the Committee in relation to a matter set forth in a notice delivered. Appeals will not be permitted for any matters that have already been heard by the Committee.

A request for appeal must be made in writing to the Clerk within 10 business days of service of the written notice.

Frequently Asked Questions

Q: How long will my information be kept?

A: Personal information must be kept for a minimum of 2 years after expiration of your license per the Records Retention By-law 2019-15. After such time, the information will be destroyed.

Q: How long do I need to keep the information in my Guest Registry?

A: Entries in your Guest Registry must be kept for 3 years.

Zoning

The Municipality of Dutton Dunwich has passed the Official Plan adoption By-law 2021-14 and a Zoning By-law 2022-50 relative to STAs.

The Zoning By-law permits STAs in the following zones:

Agriculture (A1)
Large Lot Agricultural (A3)
Rural Residential (RR)
Special Rural Residential (RS)
Hamlet Residential (HR)
Village Residential (VR1)
Hamlet Commercial (HC)
Village General Commercial (VC1)
Village Local Commercial (VC2)
Lakeshore Recreation (LR)

Building Code

One of the requirements of the STA licensing program is compliance with the Ontario Building Code. As part of the license review the Building Department will be reviewing the information submitted with the application to do the following:

Confirm that the submitted Floor Plan and Site Diagram match the Municipal records (including sewage system records)
Confirm that there are no outstanding inspections on open building permits
Confirm that there are no outstanding Ontario Building Code Orders or complaints

Sewage Systems

Applicants are required to be in compliance with the Ontario Building Code including sewage systems. Owners of dwelling units on private sewage disposal systems (septic or holding tank) should note that the maximum occupancy of a STA is based on the maximum of two persons per bedroom. Exceeding the maximum occupancy may result in the malfunctioning of the septic system and pollution of the ground water system.

Fire Safety

Practice home safety in rentals just like you do at home. Make sure:

Everyone knows the address of the rental (must be posted in a conspicuous place)
Everyone knows two ways out of every room, and out of the rental
All doors and windows that lead outside can be easily opened
To choose an outside meeting place a safe distance from the rental where everyone can meet and be accounted for

Fire Safety and your Rental Property

Waste Management

Please familiarize yourself and your guests with the provisions that have been made for waste management and the day of the week in which waste collection is scheduled.

Waste collection information and pick up schedule are available through the Recycle Coach app and Municipal website.

Submitting a STA Related Complaint

As a first step, neighbourly communications are always encouraged in resolving misunderstandings and disagreements before calling authorities (such as by-law enforcement and OPP). Concerned neighbours are encouraged to call the property manager and report their concerns. If a complaint has been filed with the property manager and no action is undertaken, please forward your complaint to the Municipality of Dutton Dunwich through the number 519-762-2204 or through the By-law Infraction form at the top of this page.

Municipal Enforcement staff will investigate matter during our enforcement coverage hours. After hours, please contact the OPP non-emergency number at 519-348-8700 for assistance with urgent disturbances of the peace or other policing matters.

Anonymous complaints made through by-law enforcement will not be investigated unless they are an immediate health and safety risk.