The property owners at Burgar St. in Welland, Ontario have been forced to financially handle a hoarding issue caused by their tenants. The city by-law fines and junk removal contractor fees that have been added to the owner’s property taxes is a grand total of $11,020.77.
PUBLIC ORDER Robbie Godfrey and Kyla Macklem
Tenants Robbie Godfrey and Kyla Macklem from 148 Burgar St in Welland, Ontario had exclusive use of the fenced backyard. These people are hoarders.
The first email notice to the homeowner to clean up the property was sent in August 2023. The homeowner sent a request to the tenants ot clean up, which was ignored. The city sent a bylaw fine of $400, and then $800, followed by a city contractor who came, removed all of the items, and billed the homeowner another $759 in addition to an administration fee.
Even though the tenants promised to pay, they did not. The city did not go after them and the tenant continued to repeat the hoarding behavior.
Every month fines and fees exceeding $3,000 from September 2023 to August 2024 were added to the homeowners property tax bill. The homeowner paid some of the first fines. The city took $4,000 from the homeowners property tax account in the beginning of the year then the homeowner stopped autopay. The City sent a bill saying the homeowner still owed $11,000.
The homeowner is asking how am I going to pay? This tenant pays $1,550 in rent and created a fine of $3,000+ every month.
The first N5 (LTB notice) was issued to the tenant in October 2023 but LTB hearing date wasn’t scheduled until July 2024. In the meantime this tenant kept doing the same thing. A second N5 and then a N6 was given to the tenant. He did not stop.
Finally, on the hearing date for first N5 (9 months later), an eviction Order was granted for November 30, 2024. The LTB gave the tenant four additional months since he said he has arthritis and he signed/testified in front of LTB that after July 2024 and after the garbage bin is provided that any subsequent fines, the tenant will be responsible. How is that enforced by the LTB?
The tenant did not clean up the property and another fine was issued in the month of August 2024 which has not been paid. Upon follow-up the money that tenant said he will pay never arrived.
“The LTB Order was sent to the City but the city doesn’t care. They are only after the Landlord. I’m a poor landlord who is currently unemployed and why do I pay for the mess that I didn’t create? I tried from my end as much as possible to legally handle this issue. I even sent my contractor to clean it. The tenant said you cannot touch my personal property. I only have income from this house. I cannot pay this amount. Also, the $4000 they took from my account was for the mortgage and I had to take out a loan to pay that mortgage. Please help. I need the city to stop taking these fines that they put onto my taxes,” says the frustrated landlord.
“Who can make the city understand that a Landlord is not the tenant’s parents and cannot change their behavior and should not be responsible for that.”
This is an appeal to Councillor Graham Speck, Councillor Claudette Richard, by-law clerk Susan Bryan and Finance Services staff Lucy Medeiros. There must be something the City can do to alleviate these costs on behalf of the homeowner. Should an appeal be made to the Director responsible for by-laws?
Some of the lessons learned:
The Municipal Act only penalizes the property owner/landlord. It does not matter if there are delays in the LTB process. It does not matter when resolved if the tenant’s future housing will be put at risk. It does not have any enforcement measures to ensure change of behavior on the party that is causing the issue. The Act cannot enforce fines on a non-owner.
Tips:
1. Drive by applicant’s current address to view condition of property during your vetting process
2. Engage Police and the community to determine if other businesses or neighbors are missing items
3. Hire a Paralegal or Lawyer to communicate with the City
4. check openroom.ca to determine if there were any past issues with applicants
5. Research how to request a Justice of the Peace in order to file charges against the tenant
6. File an Early Hearing Request at the LTB requesting an earlier hearing date – submit strong evidence
