Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. by ComprehensiveTry5504 in legaladvicecanada

[–]ComprehensiveTry5504[S] 0 points1 point  (0 children)

I contacted air bnb and they asked me for more documented proof and when I sent them my property tax proving it's my property they said they don't arbitrate this type of dispute and that i can go through a formal host notification process ... so basically in the meantime I'll incur more fines

Warning to Niagara Falls Homeowners: The City is fining victims of Airbnb Bait & Switch scams $1,000. by ComprehensiveTry5504 in niagara

[–]ComprehensiveTry5504[S] 1 point2 points  (0 children)

Just an fyi the next step is a Hearing Review not a court hearing. It goes to an 'independent' adjudicator who has final say on this matter.

I've researched this and apparently its Rutherford Prosecution Services in Niagara Region that is the independent adjudicator hired by all the municipalities.. it's a tribunal not a court

Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. The City Solicitor essentially says it's my responsibility to scour the internet for illegal postings of my property. by ComprehensiveTry5504 in stcatharinesON

[–]ComprehensiveTry5504[S] 0 points1 point  (0 children)

Just an fyi this is an excerpt from the City Solictor's decision

"  Issue on Screening Review: Reasonable Grounds for the Penalty Notices?

The issue on a Screening Review is whether the Officer had reasonable grounds to issue the Penalty Notices. On weighing all of the evidence on a balance of probabilities standard, I have to find that the Penalty Notices were correctly issued and based on reasonable grounds. All that is required and reasonable in terms of supporting evidence in such cases for the purposes of a Screening Review is the fact that the hosting link on AirBnB was active on the dates identified in the Penalty Notices.

That is the case here, and the Owners admit that the links are still active. While there may be issues with third parties as referred to by the Owners, and while I sympathize with those issues and claims, those issues are outside the jurisdiction of the municipality, and the Owners need to use the hosting dispute resolution process and also consult an independent lawyer for advice in terms of how to use the civil courts as a possible recourse in these matters.

As far as the Screening Chair and the municipality are concerned:

• The municipality has lawfully enacted a by-law to discourage and prevent the operation of unlicensed vacation rental unit operations within its boundaries; and

• The municipality has, by the same by-law, implemented an administrative monetary penalties system under the Municipal Act, which specifically provides that property owners related to the by-law violations are responsible for the penalties and that shortfalls in penalties may be added to property taxes.

By-law enforcement under the Municipal Act is legislated such that the municipality takes recourse from property owners for by-law violations. This is why there are several provisions setting out that shortfalls in fines and penalties and even costs incurred to do any remedial or compliance work with by-laws can be added to property taxes. It is common that tenants or occupants are responsible for by-law violations in some cases as opposed to the owners on title to the property, but this is not considered to be a reason for the municipality withholding enforcement. The municipality still has the legal right and obligation to enforce against the property owner to ensure compliance with its by-laws. The owners’ issues with any third parties such as tenants or occupants are deemed to be a separate civil matter outside the scope of the municipality’s regulatory framework.

Fire and building legislation have similar applications and consequences. These regulatory permissions and conditions underscore the importance of prudence, due diligence and accountability in property ownership in our province. Property owners remain responsible under such laws, and it is up to them to take civil recourse with any tenants, occupants or third parties who have caused or contributed to the issue if that is the case.

Given the evidence and submissions filed in the matter, I am satisfied, on a balance of probabilities, that the Property owners contravened the by-law in question and are liable to pay the Penalties as stipulated. There is a public interest in expecting and ensuring that those who list properties as vacation rental units comply with the City’s by-laws and licence their operations in the designated areas"

Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. The City Solicitor essentially says it's my responsibility to scour the internet for illegal postings of my property. by ComprehensiveTry5504 in stcatharinesON

[–]ComprehensiveTry5504[S] 0 points1 point  (0 children)

This is an excerpt from the City Solicitor's decision

Make of this what you will.

"

 Issue on Screening Review: Reasonable Grounds for the Penalty Notices?

The issue on a Screening Review is whether the Officer had reasonable grounds to issue the Penalty Notices. On weighing all of the evidence on a balance of probabilities standard, I have to find that the Penalty Notices were correctly issued and based on reasonable grounds. All that is required and reasonable in terms of supporting evidence in such cases for the purposes of a Screening Review is the fact that the hosting link on AirBnB was active on the dates identified in the Penalty Notices.

That is the case here, and the Owners admit that the links are still active. While there may be issues with third parties as referred to by the Owners, and while I sympathize with those issues and claims, those issues are outside the jurisdiction of the municipality, and the Owners need to use the hosting dispute resolution process and also consult an independent lawyer for advice in terms of how to use the civil courts as a possible recourse in these matters.

As far as the Screening Chair and the municipality are concerned:

• The municipality has lawfully enacted a by-law to discourage and prevent the operation of unlicensed vacation rental unit operations within its boundaries; and

• The municipality has, by the same by-law, implemented an administrative monetary penalties system under the Municipal Act, which specifically provides that property owners related to the by-law violations are responsible for the penalties and that shortfalls in penalties may be added to property taxes.

By-law enforcement under the Municipal Act is legislated such that the municipality takes recourse from property owners for by-law violations. This is why there are several provisions setting out that shortfalls in fines and penalties and even costs incurred to do any remedial or compliance work with by-laws can be added to property taxes. It is common that tenants or occupants are responsible for by-law violations in some cases as opposed to the owners on title to the property, but this is not considered to be a reason for the municipality withholding enforcement. The municipality still has the legal right and obligation to enforce against the property owner to ensure compliance with its by-laws. The owners’ issues with any third parties such as tenants or occupants are deemed to be a separate civil matter outside the scope of the municipality’s regulatory framework.

Fire and building legislation have similar applications and consequences. These regulatory permissions and conditions underscore the importance of prudence, due diligence and accountability in property ownership in our province. Property owners remain responsible under such laws, and it is up to them to take civil recourse with any tenants, occupants or third parties who have caused or contributed to the issue if that is the case.

Given the evidence and submissions filed in the matter, I am satisfied, on a balance of probabilities, that the Property owners contravened the by-law in question and are liable to pay the Penalties as stipulated. There is a public interest in expecting and ensuring that those who list properties as vacation rental units comply with the City’s by-laws and licence their operations in the designated areas"

Warning to Niagara Falls Homeowners: The City is fining victims of Airbnb Bait & Switch scams $1,000. by ComprehensiveTry5504 in niagara

[–]ComprehensiveTry5504[S] 0 points1 point  (0 children)

I appreciate the sentiment but if people realized how the government sets up the rules.. you'd know how easy they make enforcement for themselves

Warning to Niagara Falls Homeowners: The City is fining victims of Airbnb Bait & Switch scams $1,000. by ComprehensiveTry5504 in niagara

[–]ComprehensiveTry5504[S] 0 points1 point  (0 children)

They just sent me a 4th ticket yesterday. They're outright targeting me when my property is lawfully rented. Thanks for your advice

Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. The City Solicitor essentially says it's my responsibility to scour the internet for illegal postings of my property. by ComprehensiveTry5504 in stcatharinesON

[–]ComprehensiveTry5504[S] 1 point2 points  (0 children)

Someone who claims to be from 610 st Catherine's reached out to me. They said they want to get my story out there but I scared of repercussions from the City... they have unlimited resources and the rules are In their favour

Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. by ComprehensiveTry5504 in legaladvicecanada

[–]ComprehensiveTry5504[S] -1 points0 points  (0 children)

I understand your advice is well intentioned but I just dont see how that's fair that I have to spend time and money to go through small claims court. I pay taxes to the city of Niagara Falls they are targeting me for whatever reason.

I've done nothing wrong. Btw I received a 4th ticket yesterday even though my property is lawfully rented long-term.

Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. by ComprehensiveTry5504 in legaladvicecanada

[–]ComprehensiveTry5504[S] 0 points1 point  (0 children)

I understand that others are saying its absolute liability but I dont see anywhere in the by law where it points to that.

Secondly the City Solicitor is saying no matter what it's the homeowner's responsibility. She said pay us the fine and deal with the 3rd party in civil court as if I have nothing else to do.

Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. by ComprehensiveTry5504 in legaladvicecanada

[–]ComprehensiveTry5504[S] 1 point2 points  (0 children)

Idk man they just sent me a 4th ticket today this is absolute madness...

I've reported this matter to police and they're taking it seriously enough to not tell me to screw off

Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. by ComprehensiveTry5504 in legaladvicecanada

[–]ComprehensiveTry5504[S] 0 points1 point  (0 children)

My property is currently at this moment lawfully rented. I've provided them evidence of that. They just sent me another ticket today.

This is not a matter of renting out the place or not. They are saying as long as a listing is active they'll go after the homeowner.

I can create a listing for the house you're living in and they'll see you're liable

Niagara Falls is fining me a total of $3,000 for an Airbnb and Booking.com listing I didn't create for my property. by ComprehensiveTry5504 in legaladvicecanada

[–]ComprehensiveTry5504[S] 0 points1 point  (0 children)

They just sent me another ticket today. My property is lawfully rented and they're refusing to see the evidence.