Over 310 properties have been investigated for illegal truck storage

June 14, 2023 · 0 Comments

By Zachary Roman

Caledon’s illegal land use enforcement task force has been busy.

At Caledon Council’s June 6 meeting, Caledon’s Director of Municipal Law Enforcement, Mark Sraga, submitted a report detailing the task force’s progress and asked for the task force’s mandate to be expanded.

Sraga asked Council to ask the Province to amend the Municipal Act to enable municipalities to physically block entrance to properties where illegal land uses are causing “significant detrimental impacts” on adjacent properties or the environment.

He also wants the Province to increase the maximum penalty amounts in the Planning Act to $50,000 when someone is convicted; and if they are convicted again, add an additional $25,000 per day fine in which the convicted person’s Planning Act contravention continues after conviction.

Finally, he wants the Province to increase the maximum penalty amounts in the Planning Act to $100,000 when a corporation is convicted; and if it is convicted again, add an additional $50,000 per day fine in which the convicted corporation’s Planning Act contravention continues after conviction.

“While the fine amounts being ordered by the courts are increasingly significant, for some of the larger illegal operations these fines are just considered the ‘cost of doing business’. More robust and efficient enforcement measures are needed,” reads the report.

Sraga asked that his request be forwarded to Dufferin-Caledon MPP Sylvia Jones, Ontario Minister of Municipal Affairs and Housing Steve Clark, and Premier Doug Ford. Additionally, he asked that it be forwarded to municipalities in the Greater Golden Horseshoe area to seek their support.

Sraga said the Town has been successful in the courts and will continue to put pressure on those in contravention of the Town’s bylaws. He wants to expand the illegal land use task force’s mandate to focus on illegal land uses other than trucking as well.

“Other (illegal) uses such as event centres, institutional uses or places of worship are becoming more common in Caledon,” reads the report. “These illegal uses all have significant impacts on adjacent property owners due to the disturbances created and non-compatibility with adjacent residential properties or road safety.”

The task force was first created in 2019 on a request from Council; however, due to the pandemic it was not fully implemented until July of 2021.

In addition to enforcement, the Town has also tried to educate those using properties illegally with a communication strategy. It created a guide that explains Caleodn’s zoning bylaws as they relate to truck parking and has undertaken efforts to distribute this information.

Since July 2021, Town staff have been investigating properties either identified by them or residents as possibly having illegally stored trucks.

“Since then, officers have investigated over 310 properties for potential illegal truck storage violations,” reads Sraga’s report. “Over 137 enforcement actions have been commenced because of these investigations.”

Caledon’s bylaw officers have been issuing warnings, tickets, laying charges, and seeking court injunctions depending on the severity of bylaw contraventions they find.

“While voluntary compliance has been achieved for some of the properties, there are 36 properties where the matters are still before the courts,” the report reads.

The Town has obtained three superior court injunctions for some of the most “egregious illegal trucking operations” in Caledon, though Sraga said these injunctions can be quite costly and time-consuming to obtain.

Another way the Town is taking action against illegal land use is by notifying the Municipal Property Assessment Corporation (MPAC) that farm properties are being used commercially.

“By informing MPAC of the actual use of the property, appropriate taxes can be levied, ensuring equal treatment for legal and illegal operators,” reads the report. “To date there have been 25 properties reassessed and this has resulted in more than a $384,000 increase in the tax levy for these properties; another 24 properties are still waiting to be reassessed.”

Sraga said the Town is also in contact with the Canada Revenue Agency as it is known there are a significant number of cash transactions going on at illegal trucking yards.

Sraga said it’s important to note that even if increased enforcement measures are implemented, there is a clear need for legal truck parking and storage in Town. He said Caledon should have clear land-use designations in the appropriate parts of Town, as well as high standards for legal trucking yards.

Ward 1 Councillor Lynn Kiernan said there’s a lot of good information in Sraga’s report and thanked him and his team.

“I was shocked by some of it… the scope of what you guys are dealing with,” said Kiernan. “I’m pleased as to how much headway you and your team have made.”

She proposed that Caledon Council make illegal land use issues one of its “flagship” delegations at this year’s Association of Municipalities of Ontario (AMO) conference.

Ward 2 Councillor Dave Sheen also thanked Sraga and his team and said the fact over 310 properties have been investigated is stunning.

“It speaks to the extent of the problem and how difficult it is to tackle,” said Sheen. “It’s a very good report and I’m glad we’re talking about it.”

Regional Councillor Christina Early said she’s been out to see some illegal trucking yards and that it is horrible what Caledon’s bylaw officers go through.

“They battle some pretty significant things — the name-calling, the abuse… it’s become a real problem in Caledon,” said Early.

Council supported the recommendations in Sraga’s report unanimously.