Town council moves forward with short-term rental regulations

By Ron Giofu

Amherstburg town council is moving ahead with short-term rental regulations, with operators or a designate expected to be available to deal with issues within 30 minutes.

A motion passed unanimously Monday night at a special council meeting to regulate short-term rentals with council choosing “option C” from their administrative report, meaning, among other things, that the owner of a short-term rental unit has to be available or have a designate – such as a property manager – available to deal with problematic issues.

Among the items short-term rental owners will have to adhere to under the licensing regime will be an initial application fee of $550 and a $500 renewal fee every year, parking plans, exit lighting and signage and inspections. There are approximately 64 known short-term rental units in Amherstburg.

It would be a demerit system where, if a unit is found to repeatedly violate conditions, points would be issued and permits eventually revoked if it got that far. A license is non-transferrable if the home sells.

Council also agreed to fund a fire prevention officer to the tune of $62,405 from the tax stabilization reserve so that the program can start this year instead of waiting until 2024. That officer would assist in administering inspections and enforcing fire regulations.

“The key is accountability,” said Councillor Peter Courtney.

Courtney said he has spoken with Lake Erie Country Club residents who have been crying on the phone with him about issues in their area.

Councillor Don McArthur believed a licensing regime with demerit points would work well and that a regime is necessary. He liked the idea of having an owner or a representative of the owner nearby to deal with issues, and believed such a bylaw wouldn’t punish those operating within the rules and with respect for their neighbours.

The option selected was “the best decision for Amherstburg,” added Deputy Mayor Chris Gibb.

Gibb called for it to be “a living document” so that changes could be made to it.

Councillor Diane Pouget agreed with her colleagues, but also reminded residents they should still call police, fire and bylaw departments if issues arise. Pouget also voiced concern with the ability of bylaw to enforce rules if fulfilling an arrangement with Pelee Island, as the town voted to contract out some bylaw services during a recent in-camera meeting, but CAO Valerie Critchley said administration is confident the department could fulfill its obligations and that existing staff could still do their jobs if manager of licensing and enforcement Bill Tetler had to step away.

Delegates from both sides of the issue addressed council in-person or via written submission, the latter being read into the record by clerk Kevin Fox. An individual having her submission read aloud was Peggy Thompson, with Thompson writing that some communities have chosen not to allow shortterm rentals (STR) and “unfortunately, we are not one of those communities.”

“If we are going to have to accommodate STR, I am hopeful council will see the serious issues surrounding them and put in tight regulations and high penalty fees in order not to erode our neighbourhoods.”

Thompson noted communities such as Toronto, Goderich, London, South Bruce Peninsula, Lambton, Port Stanley, Red Bay Mallory, Sauble Beach, Windsor and Essex have had issues dealing with short-term rentals and she also referenced a tragedy in Quebec.

“Some, but not all, STR are disrupting the social fabric of our close knit communities, upending our way of life and eroding the rural fabric of our neighbourhoods,” she said. “There is a growing movement among Ontario communities to push back against STR.”

Asking council to “think about the year-round residents,” Thompson added homes are the largest investments for most families and the possibility of that investment being devalued by an STR “is just not fair.” She had 16 suggestions for regulating them ranging from proof of insurance, stringent regulations, occupancy limits, a hotline to report issues and more.

Tetler believed the bylaw was written in such a way where people could call the police non-emergency or emergency lines and/or the fire department and get the assistance they need. Fire chief Bruce Montone said bonfires and fireworks at short-term rentals would be prohibited under a new bylaw.

Councillor Linden Crain didn’t believe the bylaw would fix everything but said “it’s a reasonable start.”

Courtney added he didn’t believe short-term rental units who are causing issues would probably not apply for a license, but the town could take the next step and shut such units down for that.

Mayor Michael Prue added “the town is trying to weed out the really bad guys” and that a first step is the prohibiting of bonfires and fireworks. Fire officials work 24/7, Prue said, and can be contacted with complaints.

“When the bylaw is in place, we can finish the job,” he said.

Bois Blanc Island residents put forth a petition not to have short-term rentals Sue Jeffrey addressing that in person to council. She questioned who would want to purchase a home if a business was on the other side of a wall.

“We want the charm of our island and our town maintained,” said Jeffrey.

Tim Charter said his rental in his Front Road North home is an airBnb and the experiences of he and wife Marta were positive.

“With all due respect to other places in town, we’ve never had any issues,” said Charter.

Charter said airBnb puts in stringent regulations, including pre-screening, house rules, verification, rating of guests and reviews.

“If you have a poor review, we’re not interested,” he said. “If you are unverified, we’re not interested.”

With the exception of some recent minor damage, Charter added shortterm rentals can work well.

“It can be a very positive experience,” he said.

Marta added they are working with airBnb to change the verification process as currently only the person who pays can be verified.

Lisa Stiles, who lives in Edgewater, said her experiences with the airBnb company have been positive as well. She noted the company has a 1-800 number to call if guests get out of line and “they are very, very serious” about enforcement.

Stiles added she likes having someone in her home if she is away, adding she would want her neighbours to inform her if there are any issues. She said there are no hotels or motels at the moment, so short-term rentals can aid the tourism industry and local economy. There are bylaws, she stated, that can control inappropriate behaviour. Complaints were heard from Edgewater Beach and Lake Erie Country Club residents with allegations including fireworks, cars parked everywhere, profanity and people in hot tubs.

Jill Fiorito, another Edgewater resident, said there are “six or seven” short-term rental units in that area and not all are positive. Some are “problematic,” she claimed, and questioned why permanent residents of the area have to have their lives disrupted due to rude and loud behaviour.

Mary Anne Adam also outlined issues in the area, from noise, to cars to hot tub parties. She said police and bylaw officers have been “wonderful,” noting she has called the police eight times to deal with issues.

“The police officers have been amazing. I can’t give them enough credit for what they’ve been doing,” said Adam.

Adam added “we can no longer sit outside” and called for a moratorium on short-term rentals until the issue can be studied further.

Paul McAllister said he owns an short-term rental unit and is a “super host” through airBnb. He noted he doesn’t live on site but can respond to the concerns of his short-term rental or his apartment rental in about 30 minutes or so. He also emphasized airBnb is “very strict” about how it operates. He added he understood the concerns of residents but he didn’t believe blaming short-term rentals was the way to go.

“To blame short-term rentals, I think, is wrong,” said McAllister. “To blame the whole area of Amherstburg, I think, is wrong also.”

McAllister added he believed a hotline would be a good idea, stating “I care about noise. We’ve never had an issue.”

Barry McCourt said he has an airBnb at his Front Road North home as well and that it hasn’t been an issue for four years. He believed it is up to the owners to deal with issues as “the person who owns it should be held responsible.”

“I think with the taxes we pay, we don’t need any more,” he said.

Corrine Raymond stated she owns short-term rental units in Florida as well as on Lowes Side Road. She said airBnb, whom she is also affiliated with, is “very strict” and “it’s up to the owner to take that responsibility” to ensure things run smoothly and appropriately.