Thank you for the opportunity to comment on the staff report dated April 10, 2022 dealing with short term rentals in the Township. As President of the Shoreline Ratepayers Association, we have not had the opportunity to share this report with our members in the short time since its release and this meeting, but the report and any responses will be provided at a later date. At the outset, I must state that I’m personally disappointed that the report does not recommend a licensing scheme.
Your proposal completely ignores the survey results found in your “Let’s Talk Brock Short Term Rental Survey" of 68.5% of respondents who indicated that Brock should permit and regulate STR accommodation through a licensing by-law. The comparison is made to other sharing economy models for ride services and food services; both of these are singular, short events where a residence is visited, a service provided (or begun) and it ends quickly. The business is conducted at the residence but it does not continue over a time period, like a rental of a property for a week or month. In addition, both of those businesses are regulated and most often licensed for their purpose as a taxi service or restaurant. If problems arise, a resident has recourse to the owner through the regulations. That is the benefit of a licensing scheme—the business owner can be held responsible or revocation
of the license ensues.
While your report refers to the licensing scheme of other municipalities, it seems to dismiss the concept because it is not cost recovery and doesn’t eliminate the problem of “party house” situations. I would submit your proposal to instead rely solely on nuisance noise, fireworks and burn by-laws leaves the adjacent neighbours of these unregulated businesses to fend for themselves and become complainants in court elsewhere in the Region, incurring their own expenses and loss of enjoyment of their property.
Why would you support allowing a property owner to run a business from their home without any regulations? I believe any Bed & Breakfast businesses in Brock are regulated and the use meets the Zoning By-law and annual permits and regular inspections are required. No financial requirements are made of this property owner and most importantly, no requirement to be on site in order to deal with any issues that arise, unlike a B&B. The rental of a residence is a business investment, yet here it is ignored for its impact on a community.
I also offer the following comments on the draft by-laws, for staff consideration: As for the draft public nuisance by-law, the definition of “Owner” or “Person” does not include a Corporation, and as the subject properties may be held in this manner, should be
included. The prohibitions to the by-law are “sponsor, conduct, host, create, continue, allow, participate, or permit any activity that constitutes a public nuisance….” If the property owner claims he/she/it provided the by-laws and Township information to the User, does the Township Prosecutor and legal counsel believe this to be a valid defence? If the property is rented out all summer long to various Users, this defence wears thin on the neighbours, who lose the enjoyment of their own properties.
Regarding the Noise By-law and Schedule 1: Please review sections 1 and 2 as these provisions refer to volume that is audible from the interior of the residence or business whose occupant has made every reasonable attempt to mitigate the reception of the noise? I think the test is whether the noise is clearly audible in another dwelling unit within the same residence or a building on an adjacent property.
Regarding the Fireworks By-law, would section 2.9 include discharge of fireworks from a dock? This has been an issue in previous summers along the Shoreline Area. Also, is it correct that the property owner would need to provide written permission to a User
of consumer fireworks from that property, per section 3.2?
Regarding the Burn By-law, it seems that "Shoreline Area" is removed as a separate defined Area, but can a Recreational Burn Permit be obtained for use in this Area? Also, will seasonal permits still be issued to property owners?