City committee votes to review proposed changes to London’s public nuisance bylaw

Proposed changes for London’s public nuisance bylaw may be en route for a detour after the community and protective services committee recommended a second revision of the bylaw.

Leading the administrative roadblock was a legal push from the London Property Management Association and their representative lawyer Joseph Hoffner, who argued the modifications would “compel a landlord to engage in unlawful behaviour,” and “will undoubtedly be declared legally unenforceable.”

The suggested changes were spurred by an effort to deal with unsanctioned street parties, in particular, Fake Homecoming or FOCO. Last year, the annual celebration, which mainly consists of Western University students, drew 20,000 revellers to Broughdale Avenue.

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The modified bylaw would have put the onus on landlords and property owners, making them responsible for their tenants’ parties.

If a tenant’s party gets out of control, landlords or property owners would have to prevent it or at least prove they tried to prevent it, otherwise they could be on the hook for a fine that maxes out at $25,000.

This change, Hoffner argued, would contravene provincial legislature which prohibits landlords from interfering with tenants in any way other than after the fact.

During a community and protective services committee meeting on Tuesday, London’s chief municipal law enforcement officer Orest Katolyk emphasized the bylaw amendments are focused on recovering costs from unsanctioned street parties.

Last year’s FOCO festivities left the city’s emergency services with a $200,000 bill.

The committee wound up voting 5-0 to recommend a second revision of the bylaw, but city council will have the final say on a second revision when they meet in June. If approved, Katolyk said city staff would have some legal tinkering to do in the summer.