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By-law No. 2011-117
"A By-law to Require Buildings and Yards to be put in a
Safe Condition to Guard Against Fire or Other
Dangerous Risks Within the City of Owen Sound"
Originally Passed and Enacted July 4, 2011
Amended by By-law:
Passed On:
Not Amended
Consolidated Version
Revised and Verified February 7, 2014
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and
information. While every effort is made to ensure the accuracies of these by-laws,
they are not official versions or legal documents. The original by-laws should be
consulted for all interpretations and applications on this subject. For more
information or original signed copies of by-laws please contact the City Clerk's
Department.
BY-LAW NO. 2011-117
A BY-LAW TO REQUIRE BUILDINGS AND YARDS
TO BE PUT IN A SAFE CONDITION TO GUARD
AGAINST FIRE OR OTHER DANGEROUS RISKS
WITHIN THE CITY OF OWEN SOUND
THE CORPORATION OF THE CITY OF OWEN SOUND
WHEREAS Sections 8 and 10 of the Ontario Municipal Act, S.O. 2001
c.25, as amended, authorize the City to enact by-laws which, among other things,
provide for the health, safety and well being of persons;
AND WHEREAS the Council of the Corporation of the City of Owen
Sound deems it desirable to pass such a By-law
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY
OF OWEN SOUND HEREBY ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This By-law may be cited as the City of Owen Sound Unsafe Condition
By-law.
2.
DEFINITIONS
2.1
City means the Corporation of the City of Owen Sound.
2.2
Enforcing Officer means a Building Inspector, a Fire Prevention
Inspector or a By-law Enforcement Officer appointed by the City to
enforce the provisions of by-laws, or any other persons appointed
from time to time, or a Police Officer as appointed under the Police
Services Act.
2.3
Owner means the person listed on the last municipal tax roll as the
property owner.
2.3
Person means an individual, firm, corporation, association or
partnership.
3.
GENERAL PROVISIONS
3.1
No person shall allow or permit any building or yard to be or remain in
an unsafe condition by failing to guard against fire or other dangerous
risk of accident.
3.2
The creation, presence or existence of any of the following conditions
in or upon any yard, lot or grounds shall be deemed to create an
unsafe condition from fire or other dangerous risk of accident:
3.2.1
An unfenced or unprotected excavation;
3.2.2
A building, part or all of which is liable to collapse or has collapsed
from snow, wind, human occupancy or other causes;
3.2.3
Machinery, automotive equipment or the like in disuse which is not
properly enclosed and protected;
3.2.4
Any other circumstance that creates or is likely to create an unsafe
condition from fire or other dangerous risk or accident.
3.3
The Enforcing Officer shall, by written Order, notify the owner of any
property, to remedy the unsafe condition immediately.
2
By-law No. 2011-117
3.4
If an Order is placed on a property, a Work Order fee will be charged
to the property owner at the time the Order is issued. This fee will be
the same as the Work Order fee in the City of Owen Sound Fees and
Charges By-law and will be recoverable in a like manner as taxes.
3.5
If any building, yard, lot or grounds is or remains in an unsafe
condition ten (10) days after the mailing of the Order by registered
mail, addressed to the owner, then the City itself may remedy the
unsafe condition in such a manner as it sees fit and charge the cost
thereof to the owner. If the owner fails to pay the costs of remedying
the Unsafe Condition and the Supervision Rate to the City within thirty
(30) days of the mailing of account therefore, the City may add the
cost to the municipal taxes to be levied against the property and the
same shall be recoverable in a like manner as municipal taxes.
3.6
A supervision rate as set in the City of Owen Sound Fees and Charges
By-law will apply to all properties that are required to be made safe by
City forces and contractors. This fee will be at the same rate as the
Property Clean-up Fee.
4.
ENFORCEMENT AND PENALTY
4.1
This by-law shall be enforced by the Enforcing Officers as defined
herein.
4.2
Any person that contravenes any provision of this By-law is guilty of
an offense and upon conviction therefor is subject to the penalty set
out in the Provincial Offences Act.
5.0
SEVERABILITY
5.1
The terms and provisions of this By-law shall be severable and should
any term or provision be found by a court of competent jurisdiction to be
legally unenforceable, inoperative or invalid, the reminder of the By-law
shall continue to be in full force and effect.
6.0
BY-LAWS REPEALED
6.1
By-law number 1974-15 is hereby repealed
FINALLY PASSED AND ENACTED this 4th day of July, 2011.
___Signature on File
Mayor
______________
__Signature on File
Acting Clerk
_______________