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S E C T I O N 2 - ADMINISTRATION AND ENFORCEMENT
2.1
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 2: ADMINISTRATION AND ENFORCEMENT
2.1
ADMINISTRATION
This By-law shall be administered by the person or persons designated by the
Council of the Corporation of the Town of Fort Erie.
2.2
VIOLATIONS AND PENALTIES
(a) Every person or corporation who uses or alters the use of any land or uses or alters
or erects any building or structure in a manner contrary to any requirements of this
By-law or causes or permits a violation is guilty of an offence and every person
upon conviction is liable,
(i) on first conviction to a fine of not more than $25,000.00; and
(ii) on a subsequent conviction to a fine of not more than $10,000.00 for each
day or part thereof upon which the contravention has continued after the day
on which the person is first convicted.
And every corporation on conviction is liable,
(i) on first conviction to a fine of not more than $50,000.00; and
(ii) on a subsequent conviction to a fine of not more than $25,000.00 for each
day or part thereof upon which the contravention has continued after the day
on which the corporation was first convicted.
(b) Where a conviction of a person or corporation occurs, the court in which the
conviction has been entered or, any court of competent jurisdiction, thereafter, may
make an order prohibiting the continuation or repetition of the offence by the person
or corporation convicted. Such order may include the removal of a building or
structure which contravenes the By-law.
2.3
LICENCES AND PERMITS
No municipal permit, certificate or license shall be issued where the said permit is
required for a proposed use of land or a proposed erection, alteration, enlargement
or use of any building or use of any building or structure that is in violation of any
provision of this By-law.
2.4
OCCUPANCY CERTIFICATES
(a) No building which is the principle use erected or altered hereafter on any lot in any
part of the zoned area shall be occupied or used for any purpose unless an
S E C T I O N 2 - ADMINISTRATION AND ENFORCEMENT
2.2
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Occupancy Permit has been issued by the Chief Building Official in respect of the
said building.
(b) An Occupancy Permit shall be issued in respect of a building only after:
(i) an application for such Occupancy Permit has been submitted in writing to
the Chief Building Official, at least 10 days prior to the intended date of
occupancy, by the owner of the lot upon which the said building is being
erected or altered or by a duly authorized representative thereof; and
(ii) the erection or alteration of the said building has been substantially
completed in accordance with the provisions of this By-law, the non-
completion of minor details not exceeding 10% of the value of the work as
set out in the building permit issued therefore by the Chief Building Official
not to amount to or be considered substantial non-completion.
(c) All applications for an Occupancy Permit in respect of a building shall:
(i) be made on the appropriate form provided by the Corporation;
(ii) be accompanied by a plan or plans showing the dimensions of the said
building in relation to all lot lines and to any other building on the lot; and
(iii) include a description of the proposed use or uses of the said building and of
any other uses on the lot.
(d) An Occupancy Permit issued in respect of a building shall cease to have effect and
shall become null and void where:
(i) (any alteration is made to the dimensions, location or use of the said
building, or to the number of parking spaces or loading spaces provided
therefore, as a result of which alteration part or all of the said building or the
lot on which the said building is located fails to comply with one or more of
the provisions of this By-law; or
(ii) a building permit is issued for altering the said building, in which case the
Chief Building Official may, at his discretion, issue a temporary Occupancy
Permit where it is considered desirable that the occupation or use of part or
all of the said building continue throughout the duration of work relating to
such alteration.
(e) The Chief Building official shall keep on file a record of all Occupancy Permits and
any owner of, or other person having a proprietary interest or tenancy interest in a
building in respect of which an Occupancy Permit has been issued shall, upon
written request to the Chief Building Official, be provided with a copy of such
Occupancy Permit for a fee to be determined from time to time by Council.
S E C T I O N 2 - ADMINISTRATION AND ENFORCEMENT
2.3
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
2.5
INSPECTION
(a) Subject to Clause (b) of this Subsection, the Chief Building Official or Law
Enforcement Officer of the Corporation, acting under the direction of Council, is
hereby authorized to enter, at all reasonable hours, upon any property or premises
for the purpose of carrying out his duties pursuant to the provisions of this By-law.
(b) Notwithstanding anything to the contrary in Clause (a) of this Subsection, no officer
or employee of the Corporation shall enter any room or place actually being used
as a dwelling unit or part thereof without the consent of the occupier, except under
the authority of a search warrant issued under Section 16 of The Provincial
Offences Act, R.S.O. 1980, or any successors thereto.
2.6
VALIDITY
If any section, clause or provision of this By-law, including anything contained in the
Schedules attached hereto, is for any reason declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the By-law as a
whole or any part thereof, other than the section, clause or provision so declared to
be invalid, and is hereby declared to be the intention that all the remaining sections,
clauses or provisions of this By-law shall remain in full force and effect until
repealed, notwithstanding that one or more provisions thereof shall have been
declared to be invalid.
2.7
REPEAL OF EXISTING BY-LAWS
From the coming into force of this by-law, the provisions of all previous by-laws
passed under Section 34 of The Planning Act, R.S.O. 1990, or a predecessor
thereof, are hereby repealed.