Property Standards By-law Appeal Process
- The Property Standards Committee hears appeals from orders issued under the Property Standards By-law respecting properties that do not meet minimum property standards set out in the By-law.
- The Committee of Adjustment also acts at the Property Standards Committee. Agendas are published in accordance with the Town's Procedural By-law.
- After holding a hearing, the Committee may confirm, modify, or quash the order and/or extend the time for complying with the order issued under the Property Standards By-law.
Appeal Notice
- An Appeal Notice may be filed by a property owner, an agent authorized by the property owner or an occupant. A copy of the Appeal Notice is available online or in person at Town Hall.
- An Appeal Notice must be sent by registered mail or personally delivered to the Secretary/Treasurer of the Property Standards Committee on or before the appeal deadline date set out in the Property Standards Order.
- The appeal deadline requires that the Notice of Appeal be filed within 14 days after being served with the Order (being within 14 days after the Order is served personally or within 19 days after the Order is sent by registered mail).
- A non-refundable appeal fee must accompany the Appeal Notice. Please make all cheques or money orders payable to the Town of Grimsby. Do not send cash in the mail.
- Please note: where the Secretary/Treasurer determines that the Appeal Notice is incomplete (e.g. missing reasons for the appeal or the fee) or late, the Secretary/Treasurer will not accept the appeal.
Hearing Notice
- Upon receipt of an Appeal Notice, the Secretary Treasurer will send a Hearing Notice to the Appellant by registered mail prior to the hearing.
- The Hearing Notice includes the date, time and location of the hearing. It advises the Appellant that the matter may be heard and decided by the Committee in their absence if they do not attend the hearing.
- Hearings are held at Town Hall, unless otherwise indicated on the Hearing Notice.
Disclosure
- In advance of the hearing, the Town of Grimsby Representative, who attends the hearing in support of the Order, will send a disclosure package to the Appellant.
- If the Appellant has any material, such as documents or photographs, that they wish to use during the hearing, the Appellant will disclose the information/document(s) to the Town of Grimsby. Representative in advance of the hearing, or as requested in the disclosure package.
- Despite section 1 and 2, if either the Town of Grimsby Representative or the Appellant brings forward material that has not been disclosed to the other party in accordance with those sections, the Chair of the Committee may recess the hearing to allow the other party to review the material.
- When the hearing resumes, the other party will be given the opportunity to state any objections to the use of the material during the hearing.
- The Committee will decide, based on the submissions of the parties, whether or not the material may be referred to or introduced into evidence.
The Hearing
- All Appellants and/or their representatives must sign in.
- The Chair will call the meeting to order.
- The Chair will ask Committee members if they have any conflicts of interest.
- The Secretary Treasurer will advise of any changes to the Agenda or if additional correspondence has been received.
- The Chair will ask the Town of Grimsby Representative whether there are any requests for adjournment or Orders that have been complied with. The Committee may deal with these matters first.
- The Chair will state the municipal address of the property for which the appeal is being heard.
- Hearings of the Committee are open to the public and documents which are submitted to the Committee will form part of the public record.
- The Town of Grimsby Representative will present its case first and call their witness(es).
- At the conclusion of the testimony of each of the Town of Grimsby Representative’s witness(es), the Appellant and then the Committee may ask their own questions of the witness(es).
- After the Town of Grimsby Representative has called all of their witnesses, the Appellant may make an opening submission and call their witnesses who may be the Appellant themselves and/or other witnesses. Again, once called, a witness is seated at the witness table and affirmed.
- At the conclusion of the testimony of each of the Appellant’s witness(es), the Town of Grimsby Representative and then the Committee may ask their own questions of the witness(es).
- The Appellant and then the Town of Grimsby Representative will make final submissions. The final submissions should include what each party is requesting of the Committee with respect to confirming, modifying or rescinding the Order and/or extending the time for complying with Order.
- The Committee may retire to deliberate in the absence of the public, the Town of Grimsby Representative and the Appellant. The Secretary/Treasurer will retire with the Committee to record its decision.
- The Committee renders its decision on the matter in the presence of the public, the Town of Grimsby Representative and/or designate, and the Appellant. If the Committee determines that additional information is required to render a decision, it may adjourn the matter to a future meeting date.
- In its decision, the Committee may confirm, modify or quash the Order and/or extend the time for complying with Order. A copy of the decision including the reasons for the decision of the Committee will be sent to the Appellant by Registered Mail.
Legal Counsel
The Appellant may choose to be represented by a lawyer or an agent (who, in accordance with the Law Society Act and its regulations, may provide representation) or may be self-represented.
Contact Us
Town of Grimsby
160 Livingston Avenue
Grimsby ON, L3M 0J5
Phone: 905-945-9634
Fax: 905-945-5010
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