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THE CORPORATION OF THE TOWN OF GEORGINA
IN THE
REGIONAL MUNICIPALITY OF YORK
BY-LAW NUMBER 2019 - 0061 (Ll-3)
BEING A BY-LAW TO LICENSE, REGULATE AND GOVERN
SHORT-TERM RENTAL ACCOMMODATIONS
WHEREAS the Council of the Town of Georgina may, pursuant to the
Municipal Act, 2001, S.O. 2001, c.25. as amended, ("The Municipal
Acf'J, enact by-laws for the licensing, regulating and governing of
businesses and occupations in the Town of Georgina;
AND WHEREAS the Council of the Town of Georgina deems it
desirable to enact a by-law to License Short-term Rental
Accommodation;
BE IT THEREFORE ENACTED BY THE COUNCIL OF THE TOWN
OF GEORGINA:
1.
DEFINITIONS
For the purpose of this by-law:
Accessory Apartment means an Accessory Apartment as defined in
the Zoning By-law;
Agent means a Person duly appointed by an Owner or the Town to act
on their behalf;
Applicant means the Person applying for a Licence or renewal of a
Licence under this by-law;
Corporation means a body corporate incorporated pursuant to the
Business Corporations Act, R.S.O. 1990 c. 8. 16, or the Corporations
Act, R.S.O. 1990, c. C. 38;
1
Fee means a Fee as established by the Town;
Guest Room means a room offered for Short-term Rental
Accommodation which conforms to the standards for a bedroom as set
forth by the Ontario Building Code;
Host means an individual designated by the Licensee to be contacted
by the Town regarding any concerns related to the Short-term Rental
Accommodation;
Licence means the certificate or other similar document issued
pursuant to this by-law as proof of licensing under this by-law;
Licensee means a Person who holds a Licence or is required to hold a
Licence under this by-law;
Licensing Coordinator means the Town Clerk or designated Town
Staff;
Lot Frontage means Lot Frontage as defined in the Zoning By-law;
Officer means a Police Officer, Fire Prevention Officer, Fire Inspector,
Building Inspector, Zoning Examiner, Plans Examiner, Municipal Law
Enforcement Officer, or Licencing Coordinator;
·
Owner means the Person holding title to the Property on which the
Short- term Rental Accommodation is located, and "Ownership" has a
corresponding meaning;
Person means an individual, a Corporation, a partnership, or an
association, and includes a Licensee or an Applicant for a Licence
under this by-law;
Premises means the Property upon which a Short-term Rental
Accommodation is operated, inclusive of buildings or structures or any
part thereof used for such purpose;
Property means the land upon which a Short-term Rental
Accommodation is operated, exclusive of buildings or structures or any
part thereof;
2
Renter means the Person responsible for the rental of the Premises by
way of concession, permit, lease, licence, rental agreement or similar
commercial arrangement;
Renter's Code of Conduct as set forth in Appendix "A" means a
document that has been prepared by the Town that prescribes the
roles and responsibilities of the Renter, including but not limited to:
behavioural expectations as they relate to non-disturbance of
neighbours; compliance with applicable Town by-laws, and adherence
to the provisions of this by-law;
Short-term Rental Accommodation means the use of a dwelling unit,
as defined in the Zoning By-law, or any part thereof, as a place of
temporary residence, lodging or occupancy by way of concession,
permit, lease, licence, rental agreement or similar commercial
arrangement for any period equal to or less than thirty (30) consecutive
calendar days, throughout all or any part of the calendar year, unless
otherwise prohibited by this by-law, or any other by-law of the Town of
Georgina.
Short-term Rental Accommodation shall not include a hotel, motel,
motor hotel, nursing home, private or public hospital, temporary
accommodations for seasonal farm workers, a recreational vehicle park,
a tent campground, or similar commercial or institutional use, as defined
in the Zoning By-law;
Short-term Rental Accommodation Committee means a committee
of the Town of Georgina Council, consisting of a minimum of three
members of Council, which has the responsibility of hearing variances
and appeals under this by-law;
Single Family Dwelling means a Single Family Dwelling as defined in
the Zoning By-law;
Town means the Corporation of the Town of Georgina in the Regional
Municipality of York;
Zoning By-law means the Town's Zoning By-law No. 500, as
amended, or any successor comprehensive Zoning By-law, as
amended.
3
2.
GENERAL PROVISIONS
(1)
Only provisions 2 (3), 2 (5) (a), 2 (5) (c), 2 (5) (d), 2 (8), shall be
subject to the variance provisions found in Section 12 of this by-
law.
(2)
Short-term Rental Accommodation shall only be permitted within
a Single Family Dwelling or a lawfully permitted and registered
Accessory Apartment on the same lot as a Single Family
Dwelling.
(3)
Short-term Rental Accommodation shall only be permitted
where a Host inhabits a dwelling unit, or any part thereof, on the
same Premises as the Short-term Rental Accommodation;
except by variance approved by the Short-term Rental
Accommodation Committee pursuant to Section 12.
(4) (a) A Host, if requested by the Town, must be present on the
Premises within one hour of being contacted;
(b) If a Host, at the request of the Town, is not present on the
Premises within one hour of being contacted, demerit points
shall be assessed as per Appendix "B".
(5) (a) The maximum number of Persons, including but not limited to
inhabitants, Renters, and their guests, permitted on a Premises
at any one time, shall be twelve (12);
(b) Notwithstanding 2 (5) (a) above, the maximum number of
Persons permitted on any Premises serviced by a septic system
shall be determined at the time of application following a review
of the septic system's capacity, but such number of Persons
shall not exceed the maximum persons set out in 5(a), 5(c), or
(5d);
(c) Notwithstanding 2 (5) (a) above, the property zoned "R1-120" in
the Zoning By-law, and described as Lot 11 and Block B, Plan
168 on the North Side of Malone Avenue, which was zoned for
five Guest Rooms, shall be limited to fifteen (15) Persons on the
Premises at any one time;
4
(d) Notwithstanding 2 (5) (a) above, the property zoned "R-41" in
the Zoning By-law, and described as Part of Lot 21, Concession
6 (G), on the east side of the Pefferlaw Road, which was zoned
for six Guest Rooms shall be limited to eighteen (18) Persons
on the Premises at any one time.
(6)
The provision of parking on the site plan referenced in Section 3
(1) (h) below shall include the following:
·(a) Confirmation that the driveway or parking area shall not
exceed 55% of the Lot Frontage;
(b) a minimum of three parking spaces plus one additional
parking space per Guest Room; and,
(c) Compliance with all other parking provisions as set forth in
the Zoning By-law.
(7)
All vehicles shall only be permitted in a parking area consisting
of a hard-surfaced driveway (gravel, paved, concrete, interlock
or similar hard surface).
(8)
There shall be a minimum separation distance of 100 metres
between Short-term Rental Accommodation Premises. Such
distance shall be measured from the closest points between the
Premises (i.e. shortest distance between the lot lines of the two
Premises).
(9)
The number of active Short-term Rental Accommodation
Licences shall not exceed 150 at any given time. For the
purposes of this section, a Licence shall still be considered
active if it is suspended and shall not be considered active if it
has been revoked.
(10)
There shall be a maximum of one (1) Short-term Rental
Accommodation License issued per Premises.
5
3.
LICENSING REQUIREMENTS
(1)
Every application for a new Licence, or the renewal of an
existing Licence, shall include:
(a)
a completed application in the form required by the Town,
which shall include each Owner, Host, Applicant and/or
Agent's name, address, telephone number, and email
address;
(b)
proof of Ownership for the Premises;
(c)
proof that the Applicant is at least eighteen (18) years of
age, if the Applicant is an individual;
(d)
proof that the Applicant, if a Corporation, is legally
entitled to conduct business in the Province of Ontario,
including but not limited to:
(i)
an article of incorporation or other incorporating
documents, duly certified by the proper
government official or department of the Province
of Ontario or the Government of Canada; and,
(ii)
a list containing the names of all shareholders of
the Corporation;
(e)
in the case of an Applicant being a partnership, the
names and addresses of each member of the partnership
as well as the name under which the partnership intends
to carry on business;
(f)
in the case of an Applicant or Agent acting on behalf of
the Owner, an Owner's written authorization;
(g)
in the case of a Host not being the Owner, a rental
agreement between the Host and Owner for a period
equal to or greater than thirty-one (31) days;
6
(h)
a site plan and floor plan, drawn to scale and fully
dimensioned of the Premises including:
(i)
the location of all buildings and structures on the
Property;
(ii)
the use of each room;
(iii)
location of smoke detection and early warning
devices;
(iv)
location of fire extinguishers;
(v)
all entrances/exits to and from the building;
(vi)
exterior decks that are appurtenant to the
Premises; and
(vii)
related site amenities including but not limited to
dimensioned parking spaces, a required parking
layout, designated waste disposal, and other
buildings or structures on the Property;
(i)
proof of insurance which includes a liability limit of no less
than two million dollars ($2,000,000.00) per occurrence
for Property damage and bodily injury and identifies that a
Short-term Rental Accommodation is being operated on
the Property. The insurance coverage required herein
shall be endorsed to the effect that the Town shall be
given at least 10 days' notice in writing of any
cancellation or material variation to the policy;
U)
an Electrical Safety Authority (ESA) certificate; and
(k)
payment of the applicable Fee.
(2)
Every Licensee under this by-law shall notify the Licensing
Coordinator immediately of a change in any of the required
documents to be filed with the Clerk's Department.
7
4.
INSPECTION
(1)
It is the responsibility of any Person applying for a Licence to
contact the Town for an inspection, and to apply the following
where applicable:
(a)
provisions of this by-law;
(b)
Building Code Act, 1992, S.O. 1992 c.23; ("Building Code
Act'?
(c)
Fire Protection and Prevention Act, 1997, S.O. 1997, c.4
("Fire Protection and Prevention Act'J
(d)
Property Standards By-law;
(e)
Zoning By-law;
(f)
any other municipal by-laws or provincial legislation that
may affect the status of the application.
(2)
During the inspection process, all relevant departments of the
Town may provide comment on any known matters that would
assist with determination of Licence eligibility.
·
5.
PROHIBITIONS
(1)
No Person shall operate or carry on any trade, business or
occupation of Short-term Rental Accommodation unless that
Person has first obtained a Licence pursuant to this by-law.
(2)
No Person shall discriminate in the carrying on of the trade,
business or occupation of Short-term Rental Accommodation
against any member of the public on the basis of race, ancestry,
place of origin, colour, ethnic origin, citizenship, creed, sex,
sexual orientation, age, marital status, family status or disability.
(3)
No Person shall fail to comply with an order issued by an
Officer.
8
(4)
No Person shall advertise an unlicensed Short-term Rental
Accommodation.
(5)
No Person shall violate the provisions of the Renter's Code of
Conduct attached as Appendix "A" to this by-law.
6.
ADMINISTRATION AND ENFORCEMENT
(1)
The Licensing Coordinator shall be responsible for the
administration of this by-law;
(2)
Officers shall be responsible for the enforcement of this by-law;
(3)
Upon receipt of an application for a Licence, a Licensing
Coordinator shall perform the following functions:
(a)
receive and review the application in conjunction with any
provision of this by-law; and,
(b)
ensure the relevant Officers have carried out the
necessary inspections to satisfy the Town that the
Premises is in compliance with the provisions of this by-
law.
(4)
Upon determination that a contravention of the provisions of this
by-law has occurred, an Officer may issue the required notice
and/or order.
7.
ISSUANCE OF LICENCE AND GROUNDS FOR REFUSAL
(1)
The Licensing Coordinator shall have the authority to issue,
refuse to issue or renew a Licence, to revoke or suspend a
Licence, or to impose terms and conditions on a Licence.
(2)
The Licensing Coordinator may refuse to issue or renew a
Licence where:
(a)
the conduct of an Applicant affords reasonable grounds
for belief that the Applicant has not carried on, or will not
9
carry on, the business in accordance with the law or with
integrity and honesty;
(b)
there are reasonable grounds for belief that the operation
of the business may be averse to the public interest;
(c)
a Licence has been previously revoked, suspended, or
made subject to terms and conditions;
(d)
a Person applying for a Licence has presented a history
of contravention with this by-law or other Town by-laws;
(e)
the application for Licence does not conform with the
provisions of Section 2 of this By-law;
(f)
the Renter's Code of Conduct (Appendix "A") has been
violated;
(g)
the proposed use of the Premises is not permitted by the
Zoning By-law;
(h)
the Owner is indebted to the Town in respect of fines,
penalties, judgements, or any other amounts owing,
including awarding of legal costs, disbursements,
outstanding Property taxes and late payment charges,
against an Owner's Property;
(i)
the Property to be used for carrying on the trade,
business or occupation does not conform with applicable
federal and provincial law and regulations or municipal
by-laws, including, but not limited to, the Zoning By-law,
Property Standards By-law, the Building Code Act, the
Fire Protection and Prevention Act, and the Electricity
Act.
(3)
The Licensing Coordinator may suspend a Licence as per
Appendix "C" to this By-law.
(4)
The Licensing Coordinator, if satisfied that the continuation of a
Licence poses a danger to the health or safety of any Person,
10
may, for the time and such conditions as are considered
appropriate, suspend a Licence for not more than 14 days. If
after this period, the Licensing Coordinator is satisfied that the
continuation of a Licence will continue to pose a danger to the
health or safety of any Person, he/she may further suspend for
not more than 14 days or revoke a Licence.
(5)
The Licensing Coordinator may revoke a Licence if it was issued
in error or granted based on incorrect or false information.
(6)
The Licensing Coordinator may revoke a Licence as per
Appendix "C" to the by-law.
(7)
Notwithstanding Section 7 (2) (e) of this by-law, the Licensing
Coordinator may issue a Licence where a variance to this by-
law has been approved.
8.
TERM OF LICENCE
A Licence issued pursuant to the provisions of this by-law shall expire
one (1) year from the date it was issued, unless it is revoked in
accordance with the provisions of this by-law.
9.
ORDER
(1)
Where an Officer has reasonable grounds to believe that a
contravention of the by-law has occurred, the Officer may serve
an order on the Licensee setting out the reasonable particulars
of the contravention and directing:
(a)
compliance within a specified period of time;
(b)
any work that is required to be done. In the event of a
default of such work being done, the Officer may direct
work to be done at the Licensee's expense, and the
Town may recover the expense in the same manner as
municipal taxes; or
(c)
the activity be discontinued.
11
(2)
Any Person who contravenes an order under this by-law is guilty
of an offence.
(3)
An order under this by-law may require work to be done even
though the facts which constitute the contravention of this by-
law were present before this by-law came into force.
(4)
Any violations of those Acts or by-laws set forth in Section 4 (1)
(b) to (f) of this by-law shall be addressed pursuant to their
respective remedies. In addition, demerit points will be levied
against the Premises in violation of this by-law as per Appendix
"C" to this by-law.
10.
PENAL TY FOR NON-COMPLIANCE
(1)
Every Person who contravenes any of the provisions of this by-
law, upon conviction, is guilty of an offence and liable to a fine
pursuant to the Provincial Offences Act, as amended.
(2)
Every Person who contravenes any provision of this by-law,
upon conviction, is guilty of an offence, and all contraventions of
the by-law are designated as continuing offences pursuant to
Section 429 of the Municipal Act.
(3)
Every Person, other than a company who contravenes any
provision of this by-law, and every director of a Corporation who
knowingly concurs in such contravention by the Corporation, is
guilty of an offence and on conviction liable to a fine not
exceeding $25,000 for a first offence and $50,000 for any
subsequent offence.
(4)
Where a Corporation is convicted of an offence under this by-
law, the maximum penalty is $50,000 for a first offence and
$100,000 for any subsequent offence.
(5)
Where a Person has been convicted for an offence under this
by-law by a court of competent jurisdiction, the court may in
addition to any other penalty imposed on the Person convicted,
issue an order prohibiting the continuation or repetition of the
12
offence or the doing of any act or thing by the Person convicted
directed toward the continuation or repetition of the offence.
11.
APPEAL
(1)
Where the Licensing Coordinator has denied an Applicant a
Licence, a renewal of a Licence or has suspended or revoked a
Licence, the Licensing Coordinator shall inform the Applicant or
Licensee by way of written notice setting forth the grounds for
· the decision with reasonable particulars and shall advise of the
right to appeal such decision to the Short-term Rental
Accommodation Committee.
(2)
A Person may appeal to the Short-term Rental Accommodation
Committee in relation to the matter of notice in Section 11 (1 ).
Appeals will not be permitted for any matters that have already
been heard by the Short-term Rental Accommodation
Committee. A request for an appeal shall be made in writing to
the Licensing Coordinator, setting forth the reasons for the
appeal, within 14 business days after service of the written
notice and payment of the required Fee.
(3)
Where no request for an appeal is received in accordance with
subsection (2), the decision of the Licensing Coordinator shalf
be final and binding.
(4)
Where a request for an appeal is received, a hearing of the
Short-term Rental Accommodation Committee shall be
convened, and the Applicant or Licensee shall be provided
reasonable written notice thereof.
(5)
After such opportunity to be heard is afforded the Applicant or
Licensee, the Short-term Rental Accommodation Committee
shall make a decision. When making its decision the Short-term
Rental Accommodation Committee may consider any matter
pertaining to this by-law, or other matter that relates to the
general welfare, health or safety of the public. When making its
decision, the Short-term Rental Accommodation Committee
may refuse to issue or renew a Licence, revoke, suspend, or
impose any condition to a Licence. The Short-term Rental
13
Accommodation Committee's decision is final and binding and
shall not be subject to review.
(6)
Where the Short-term Rental Accommodation Committee
conducts a hearing, the rules set out in the Statutory Powers
Procedure Act, R.S.O. 1990, c. S.22 ("Statutory Powers
Procedure Act") shall apply.
12.
VARIANCE TO LICENSING BY-LAW
(1)
A Licensee seeking a variance to the Licensing By-law must
submit a Short-term Rental Accommodation Licensing By-law
Variance Application provided by the Town, together with the
prescribed Fee, to the Licensing Coordinator.
(2)
At least 10 days prior to the day of a hearing on an application
for variance, notice shall be given by personal service or
ordinary mail to every owner of land within 100 metres of the
Property to which the application applies. Further, notice shall
be posted, clearly visible and legible from a public highway or
other place to which the public has access.
(3)
The Short-term Rental Accommodation Committee will consider
the application for variance and may authorize such variance ·
from the provisions of Section 2 (3), 2 (5) (a), 2 (5) (c), 2 (5) (d),
and 2 (8), of this by-law where the variance is desirable for the
appropriate use of the Premises and the general intent and
purpose of this by-law are maintained;
(4)
The decision of the Short-term Rental Accommodation
Committee, with regard to the variance application, shall be final
and binding.
(5)
Notice of Decision of the Short-term Rental Accommodation
Committee shall be given to the Owner/Applicant and any
Persons which either submitted comments in writing or provided
verbal comments at the Short-term Rental Accommodation
Committee hearing.
14
13.
COLLECTION OF UNPAID FINES
Pursuant to Section 441 of the Municipal Act, if any part of a fine for a
contravention of this by-law remains unpaid after the fine becomes due
and payable under Section 66 of the Provincial Offences Act, R.S.O.
1990, c P.33, ("Provincial Offences Act") including any extension of
time for payment ordered under that Section, the Licensing
Coordinator may give the Person against whom the fine was imposed
a written notice specifying the amount of the fine payable and the final
date on which it is payable, which shall be not less than 21 days after
the date of the notice. If the fine remains unpaid after the final date
specified in the notice, the fine is deemed to be unpaid taxes pursuant
to Section 351 of the Municipal Act and may be added to the Owner's
tax roll and collected in the same manner as Property taxes.
14.
POWERS OF ENTRY
(1)
An Officer may at any time enter on any Property and inspect
within the scope of applicable by-laws and legislation as set
forth in Section 4.1 (b) to (f), for the purpose of determining
whether the following are complied with:
(a)
the provisions of the by-law;
(b)
an order issued under this by-law; or
(c)
an order made under Section 431 of the Municipal Act;
(2)
Where an inspection is conducted, the Officer conducting the
inspection may:
(a)
require the production for inspection of documents or
things relevant to the inspection;
(b)
inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
(c)
require information from any Person concerning a matter
related to the inspection including their name, address,
phone number and identification; and
15
(d)
alone or in conjunction with a Person possessing special
or expert knowledge, make examinations or take tests,
samples, or photographs necessary for the purposes of
the inspection.
(3)
The Town may undertake an inspection pursuant to an Order
issued under Section 438 of the Municipal Act.
(4)
The Town's power of entry may be exercised by an Officer, or
· Agent for the Town, or by a member of the York Regional
Police.
15.
OBSTRUCTION
(1)
No Person shall hinder or obstruct, or attempt to hinder or
obstruct, any Person who is exercising a power or performing a
duty under the Municipal Act, or under a by-law passed under
the Municipal Act.
(2)
Any Person who has been alleged to have contravened any of
the provisions under the Municipal Act or under a by-law passed
under the Municipal Act, shall identify themselves to the Officer
upon request, failure to do so shall be deemed to have
obstructed or hindered an Officer in the execution of his/her
duties.
16.
SEVERABILITY
In the event any provisions of this by-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect.
17.
AUTHORIZATION
That the Town Clerk be authorized and directed to take the necessary
actions to give effect to this by-law.
16
18.
TITLE
This by-law may be known as the "Short-term Rental Accommodation
Licensing By-law".
19.
EFECTIVE DATE
This by-law comes into effect upon final approval of the Amendments
to the Official Plan, Secondary Plans for Keswick, Sutton/Jackson's
Point, Pefferlaw, and the amendment to the Zoning By-law but not
before January 1, 2020.
READ and enacted this gth day of October, 2019.
Margaret Quir ,
ayor
c@££~1e~
17
1
APPENDIX 'A' TO BY-LAW# 2019-0061 (Ll-3)
SHORT-TERM RENTAL ACCOMMODATION
Renter's Code of Conduct
1. Purpose of the Code
The purpose of the Renter's Code of Conduct is to acknowledge that Short-term
Rental Accommodation (STRA) premises are permitted in single family dwellings,
and lawfully permitted and registered accessory apartments on the same lots as
single family dwellings. It is also acknowledged that poor behaviour on the part
of STRA renters can disrupt neighbours. Neighbouring residents have the right
to enjoy their own properties without nuisance. It also outlines specific
requirements for STRA and imposes responsibilities for owners, hosts and
renters of such properties and that STRA Licensees bear the primary
responsibility of conveying this information to renters of their property.
2. Objectives of this Code
The Objective of this Code is to establish acceptable standards of behaviour for
owners, hosts and renters to minimize any adverse impacts on their neighbours
and the neighbourhood.
3. Residential Area
The renter acknowledges for themselves and on behalf of others that they will be
occupying a STRA that is located in a residential area.
4. Guiding Principles
The guiding principles for STRA renters are:
-
The premise that you are occupying is a home;
-
Treat the premise as your own;
-
Respect your neighbours; and
-
Leave it as you find it.
5. Maximum Number of Persons on the Premises:
The maximum number of Persons permitted at a Short-term Rental
Accommodation Premises shall be limited as per Section 2(5) of the Short-term
Rental Accommodation Licensing By-law.
The maximum number of Persons, including but not limited to residents, renters
and their guests/visitors, permitted on a Premises at any one time, shall be
2
twelve (12). The maximum number of persons may be further limited at STRA
on private services.
Notwithstanding the above, the property zoned "R1-120" in Zoning By-law 500,
and described as Lot 11 and Block B, Plan 168 on the North Side of Malone
Avenue, which was zoned for five guest bedrooms, shall be limited to fifteen (15)
Persons on the Premises at any one time.
Notwithstanding the above, the property zoned "R-41" in Zoning By-law 500, and
described as part of Lot 21, Concession 6 (G), on the east side of the Pefferlaw
Road, which was zoned for six guest bedrooms shall be limited to eighteen (18)
Persons on the Premises at any one time.
6. Noise and Residential Amenity:
No person shall make noise to cause a disturbance or conduct themselves in a
way that is likely to disturb area residents. Examples of noise that is likely to
disturb residents at any time include:
a) Loud music;
b) Outdoor or backyard gatherings or activities involving excessive noise or
disruptive behaviour;
c) Late evening/early morning disturbances; and,
d) Yelling, shouting, singing or conversing loudly.
Renters and their guests are not allowed to disturb neighbours or interfere with
their enjoyment of their premises, or the public realm, at any time of the day or
night. Failure to comply with the conditions of the Town Noise By-law may result
in legal action being taken. Failure to comply may result in demerit points in
accordance with Appendix A of the STRA by-law.
7. Access and Parking:
Please familiarize yourself and your guests with the parking layout for the
premises (shown on the site plan) to ensure ease of access with minimum
disturbance to neighbours. All STRA premises will have vehicle parking
requirements as part of the licensing process.
8. Recycling and Garbage:
Please familiarize yourself and your guests with all related site amenities found
on the site plan, including the provisions that have been made for waste
management and the day of the week in which waste collection is scheduled. It
should be noted that the "putting out" of waste on a non-scheduled day is
regulated by the Town's Waste Management By-law. Waste collection
information and pick up times are available on the Town of Georgina's website.
The disposal of household waste in public garbage bins is prohibited.
3
9. Dwellings on Lots on Private Sewage Disposal Systems:
Note if the STRA Premises are served with a private septic system. Exceeding
two persons per bedroom may result in the malfunctioning of the septic system
and pollution of the ground water system. The maximum number of persons for
lots on private services will be determined by the Town following a sewage
capacity inspection. This is of concern within 100 metres (328 feet) of Lake
Simcoe and permanent streams (as discussed in the Lake Simcoe Protection
Act, 2009.)
10. Fire and Occupant Safety:
All STRA shall have installed operating smoke alarms and a fire extinguisher. In
STRA which have a fuel-fired appliance or solid fuel-fired appliance installed or
an attached storage garage, the Owner shall ensure that the building is equipped
with a carbon monoxide alarm installed outside of the sleeping areas. Further,
the Owner shall regularly test the alarms to ensure that they are operational. If a
renter discovers that any of the alarms are not operational the renter shall
immediately notify the property owner of the deficiency.
11. Leisure Vehicle Parking:
Note: The Town of Georgina has adopted a Leisure Vehicle by-law (e.g. motor
homes, boats, trailer, snowmobiles etc.) which addresses parking requirements
for these vehicles. Parking requirements for Leisure Vehicles are addressed as
part of the overall Parking Management Plan within the STRA By-law.
12. Additional Responsibilities
All owners, hosts, and renters of Short-term Rental Accommodations are
responsible for compliance with all other Town of Georgina by-laws (including,
but not limited to the following: Noise By-law, Waste By-Jaw, Open Air Burning
By-law, Fireworks By-law, etc.). Further, in the event of a complaint or
disturbance, hosts must respond within one hour upon request of the Town.
I, --------------' being the Licensee of the property
described as -------------------------
having read the above, and the terms of the Short-term Rental
Accommodations By-law and License, undertake to post a copy of the
Renter's Code of Conduct in a clearly visible location within my Short-term
Rental Accommodation for the Renters to review, and to advise them to
act appropriately. I also realize that a violation of the licensing agreement
may result in the suspension or revocation of the short-term rental
accommodation for my property.
Signature of Applicant for License
Date
APPENDIX "8" TO BY-LAW# 2019-0061 (Ll-3)
SHORT-TERM RENTAL ACCOMMODATION FEE SCHEDULE
REQUIRED FEES
FEES
Short-Term Rental Accommodation Licensing Fee
$250.00
Short-Term Rental Accommodation Renewal Fee
$150.00
Sewage Capacity Inspection Fee
$106.00
Occupant Load and Inspection Report
$158.00
Fire Inspection Fee
$122.00
Short-Term Rental Accommodation Committee
$500.00
Appeal Fee
Short-term Rental Accommodation Committee
$1,400.00
Variance Fee
Appendix B
1
APPENDIX ·c· TO BY-LAW# 2019-0061 (Ll-3) - DEMERIT POINT SYSTEM
SHORT-TERM RENTAL ACCOMMODATION
(1)
A Demerit Point System is hereby established in accordance with Table 1,
without prejudice to options otherwise available to enforce this By-law or any
other bylaws of the Town, Provincial Act or Regulation including, but not limited
to, actions pursuant to the Building Code Act, Fire Protection and Prevention Act,
and the Provincial Offences Act;
(a)
The number of Demerit Points referenced in Column 3 of Table 1 below
will be assessed against a Short-term Rental Accommodation Premises in
respect of the matter noted in Column 1 upon the following event
respecting a contravention:
(i)
the expiry of the period for appealing a fine imposed pursuant to
Part I or Part Ill of the Provincial Offences Act;
(ii)
the expiry of the period for appealing against a conviction in the
Ontario Court of Justice;
(iii)
an Order not complied with;
(iv)
an Order not complied with resulting in Town
remediation; or,
(v)
an observation by an Officer.
(2)
A Licence may be suspended for a period not longer than six months if the total
Demerit Points in effect respecting a Short-term Rental Accommodation is at
least seven.
(3)
A Licence may be revoked if the total of all Demerit Points in effect respecting a
Short-term Rental Accommodation is at least fifteen.
(4)
Notice of the suspension or revocation of a Licence shall be provided to the
Owner in accordance with Section 7 of this By-law and a Licensee may appeal
the suspension or revocation in accordance with Section 11 of this By-law.
(5)
Demerit Points shall remain in place until the two-year anniversary of the date of
which the Demerit Points were assessed.
(6)
The Town shall not be liable for economic or other losses claimed by a Licensee
for any reason, so long as good faith efforts were made by the Town or its
representatives in exercising their judgment, or fulfilling their responsibilities,
under this By-law.
Appendix C
2
Table 1
Infraction
Reference
Type
Demerit Points
Fire Protection and Prevention Act/Fire
FPPA/FC
Order not Complied With
3
Code
- --·--------
Part 1 or Part Ill
7
Open Air Burning Violation
Town Open Air
Cost Incurred for Illegal
2
Burning By-law
Fire
-----------·-------
-
Part 1 or Part 111
4
Operating without a licence
STRA By-law
Order not Complied With
3
- ---------·--- -
---·-
Part 1 or Part Ill
5
Building Code Act
BCA
Order not Complied With
3
(Order to Comply)
-·-·------------
----
Part 1 or Part Ill
7
Noise By-law Infraction
Town Noise By-law
Observed by Officer
1
---·---
-------
Part 1 or Part Ill
4
Waste Collection By-law Infraction
Town Waste By-law Order not Complied With
2
--
--- -------
Part 1 or Part Ill
4
Property Standards
Town Property
Order not Complied With
2
Standards By-law
--·---
-------- -
Part 1 or Part Ill
4
Discharge of Fireworks
Town Fireworks By-
Observed by Officer
1
law
-------·--·----- -----.------
Part 1 or Part Ill
4
Host does not respond within 1 hour of
STRA By-law
Observed by an Officer
1
request by Town
---·------- ----·-·---
Order not Complied With
2
--------·---------- --------
Part 1 or Part Ill
4
Violation of any Provision of this By-law STRA By-law
Observed by an Officer
1
---
---------
Order not Complied With
2
----------·- ---
-
Part 1 or Part Ill
4
Violation of Renter's Code of Conduct
STRA By-law
Observed by an Officer
1
---------·---- ------
Order not Complied With
2
--------------·-
---------
Part 1 or Part Ill
4
Obstruction of Officer
STRA By-law
Observed by Officer
7
Part 1 or Part 111
15
Appendix C