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The Corporation of The City of Port Col borne
By-law No. 7388/79/25
Being a By-law to License, Regulate, and Govern
Short-term Rental Accommodations
in the City of Port Colborne
WHEREAS the Council of The Corporation of the City of Port Colborne may, pursuant
to the Municipal Act, 2001, S.O. 2001 , c.25. as amended, ("Municipal Acf'), enact by-
laws for the licensing, regulating and governing of businesses in the City of Port
Colborne; and
WHEREAS sections 8, 9 and 11 of the Municipal Act authorize The Corporation of the
City of Port Colborne to pass by-laws necessary or desirable for municipal purposes;
and
WHEREAS section 23.1 of the Municipal Act authorizes a municipality to delegate its
powers and duties subject to certain restrictions; and
WHEREAS section 151 (1) of the Municipal Act, authorizes a municipality to provide
for a system of licences with respect to a business; and
WHEREAS the Council of The Corporation of the City of Port Colborne considers it
desirable that such licensing, regulation, and governing takes place with regard to
Short-Term Rental Accommodations as defined in this By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PORT COLBORNE HEREBY ENACTS AS FOLLOWS:
PART 1 -SHORT TITLE
1.1
This By-law may be referred to as the "Short-Term Rental Accommodation
Licensing By-law".
PART 2 - DEFINITIONS
For the purposes of this By-law:
2.1
"Administrative Monetary Penalty" means a monetary penalty payable
pursuant to the By-law No. 6902/50/21 , being the Administrative Penalty By-
law, as amended or replaced from time to time;
2.2
"Agent" means a Person authorized by an Owner to act on their behalf;
2.3
"Appeal By-law" means the By-law No. 7186/09/2024, as amended or replaced
from time to time, which governs the hearing of appeals under the City's
regulatory by-laws;
2.4
"Applicant" means the Owner(s) or Agent of the Premises applying for a
Licence or renewal of a Licence under this By-law;
Page 1
2.5
"Bedroom" means a room offered for Short-Term Rental Accommodation
intended primarily for overnight occupation and/or a room with one or more
beds, including but not limited to murphy beds, pullout beds, sofa beds, day
beds, futons or similar apparatuses for sleeping, which complies with the
standards for a bedroom as set forth by the Ontario Building Code;
2.6
"Building" means a structure occupying an area greater than 10 square metres
consisting of a roof, walls and a floor, or any of them, or a structural system
serving the function thereof, including all plumbing, works, fixture and service
systems related thereto;
2. 7
"Chief Building Official" means the chief building official appointed by Council;
2.8
"Chief Fire Official" means the assistant to the fire marshal who is the municipal
fire chief, a member or members of the fire department appointed by the
municipal fire chief, or a Person appointed by the fire marshal;
2.9
"City" means The Corporation of the City of Port Colborne;
2.10
"Committee" means the Appeals Committee established by By-law No.
7186/09/2024, as amended or replaced from time to time, the responsibility of
which includes hearing appeals regarding refusals, suspensions, and
revocations of Licences under this By-law;
2.11
"Council" means the Council of The Corporation of the City of Port Colborne;
2.12
"Dwelling Unit" means a self-contained housekeeping unit of one or more
rooms containing cooking facilities, living quarters and sanitary facilities for the
exclusive use of those residing within the Dwelling Unit and which has an
exclusive entrance. For the purpose of this By-law, and without limiting the
generality of the foregoing, a Dwelling Unit includes a cottage, Park Model
Trailer or Mobile Home as defined in the Ontario Building Code, and a legal
additional Dwelling Unit, but does not include a room or suite of rooms in a
boarding, lodging or rooming house, hotel, or motor home;
2.13
"Fee" means a Fee prescribed in By-law No. 7297 /119/24, being the City's Fees
and Charges By-law, as amended or replaced from time to time;
2.14
"Fees and Charges By-law" means By-law No. 7297/119/24, being the City's
Fees and Charges By-law, as amended or replaced from time to time;
2.15
"Garbage Area" means the location designated for the storage of solid waste
materials, identified in the site plan, accompanying the license application and
approved by the licensing officer;
2.16
"Guest" means any Person on the Premises who is not a Renter;
2.17
"Licence" means the licence issued under this By-law as proof of licensing
under this By-law;
2.18
"Licensed" means to have in one's possession a valid Licence issued under
this By-law and "Unlicensed" has the contrary meaning;
Page 2
2.19
"Licensee" means the Owner of a Premises who holds a current Licence to
operate a Short-Term Rental Accommodation;
2.20
"Licensing Officer" means any Person authorized by the City to issue a
Licence under this By-law;
2.21
"Local Contact Person" means a Person who can be readily contacted within
thirty (30) minutes and respond to an emergency or contravention of any City
by-law, and attend the Premises within sixty (60) minutes of being notified of
any such occurrence, 24 hours per day. If the Owner authorizes a Person to act
on their behalf and to be responsible for ensuring the Short-Term Rental
Accommodation is operated in accordance with the provisions of this By-law,
the Licence and all applicable laws, that Person must be eighteen (18) years of
age or older;
2.22
"Mobile Home" means a residence that is designed and manufactured to be
transported on its own chassis and is equipped for year-round occupancy;
2.23
"Officer" means a municipal law enforcement officer, building inspector, police
officer, or other Person appointed by by-law to enforce the provisions of City by-
laws;
2.24
"Order" means an order issued under Part 12 of this By-law;
2.25
"Owner" means the Person holding registered title to the Premises on which the
Short-Term Rental Accommodation is located and includes, in the case of
Premises located within a Vacation Residential (VR) zone, the occupant of a
site, and "Ownership" has a corresponding meaning;
2.26
"Parking Area" means an area of land used for parking of motor vehicles and
which is located on the same lot as the principal use and comprises all parking
spaces or at least the minimum number required by this By-law and all
driveways, aisles, maneuvering areas, entrances, exits and similar areas used
for the purpose of gaining access to, or egress from the said parking spaces;
2.27
"Parking Space" means a portion of a parking area, exclusive of any aisles, to
be used for the temporary parking or storage of a motor vehicle or recreation
vehicle and can include a garage or carport;
2.28
"Park Model Trailer" means a recreational Dwelling Unit that is built on a single
chassis mounted on wheels, designed to facilitate relocation from time to time
and for living accommodations for seasonal use, built in accordance with the
CSA Z-241 park model code, typically in a recreational vehicle park;
2.29
"Person" means any singular or plural human being, association, firm,
partnership, corporation, agent or trustee, and the heirs, estate trustees or other
legal representatives of a person to whom the context may apply according to
law;
2.30
"Plan for Fire Safety" means the Plan setting out a layout of the interior of the
Short-Term Rental Accommodation with the location of all smoke alarms,
carbon monoxide alarms, fire extinguishers, and exits;
Page 3
2.31
"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;
2.32
"Property" means the land upon which a Short-Term Rental Accommodation is
operated, exclusive of Buildings or structures or any part thereof;
2.33
"Renter" means any Person who intends to use a Short-Term Rental
Accommodation for overnight lodging, but shall not include Guests to the
Premises;
2.34
"Short-Term Rental Accommodation" means all or part of a Dwelling Unit that
provides sleeping accommodation to someone other than the Owner for any
period of twenty-eight (28) calendar days at a time or less, in exchange for
payment;
2.35
"Special Event" means an activity hosted at the Premises by the Renter that
may or may not involve payment for services provided, including but not limited
to weddings, receptions, retirement parties, musical events and entertainment;
and
2.36
"Zoning By-law" means the City's Comprehensive Zoning By-law No.
6575/30/18, as amended, or replaced from time to time.
PART 3 - ADMINISTRATION
3.1
The Licensing Officer shall be responsible for the administration of this By-law.
3.2
Officers shall be responsible for the enforcement of this By-law, and are
authorized, upon presentation of proper identification, to enter onto lands at any
reasonable time to inspect any Building or property for the purpose of:
a) Conducting a pre-application inspection as required by this By-law; and/or
b) Carrying out an inspection to determine whether this By-law or an Order
issued under this By-law is being complied with.
3.3
Every application for a new Licence or a renewal thereof shall be submitted to
the Licensing Officer on the required form together with all the required
documentation. Upon receipt of an application for a Licence, a Licensing Officer
shall perform the following functions:
a) Receive and review the application in conjunction with any provisions of this
By-law; and
b) Ensure that the relevant Officers have carried out the necessary inspections
to satisfy the City that the Premises are in compliance with the provisions of
this By-law.
3.4 - The Licensing Officer shall be responsible for developing and updating Short-
Term Rental Accommodation application forms, Licences, and all other
procedures for the administration of this By-law.
Page 4
3.5
Applications for a Licence and issued Licences will be posted on the City's
website, including personal information such as the legal description of the
Property, municipal address, and Owner's and Local Contact Person's name
and contact information.
PART 4 - PROHIBITIONS
4.1
No Person shall rent or operate a Short-Term Rental Accommodation unless
the Person holds a current Licence issued pursuant to this By-law.
4.2
No Person shall use a Short-Term Rental Accommodation that is Unlicenced
under this By-law.
4.3
No Person shall advertise a Short-Term Rental Accommodation without
including the valid Licence number issued by the City for the Premises.
4.4
No Person shall transfer or assign a Licence.
4.5
No Person shall advertise or permit:
a) The use of a Short-Term Rental Accommodation that has not been Licenced
under this By-law;
b) The rental or use of a greater number of Bedrooms than permitted by the
Licence;
c) The use of a Short-Term Rental Accommodation by a greater number of
Renters than permitted by the Licence;
d) The use of a Short-Term Rental Accommodation by a greater number of
Guests than permitted by the Licence
4.6
No Person shall permit a Guest to remain at a Short-Term Rental
Accommodation or on any Premises between 11 :00 p.m. and 8:00 a.m. each
day.
4.7
No Person shall permit a disturbance at a Short-Term Rental Accommodation
or on any Premises.
4.8
No Person shall fail to comply with an Order issued under this By-law.
4.9
No Person shall permit:
a) Garbage to accumulate on any Premises Licenced as Short-Term Rental
Accommodation;
b) Garbage to be contained in containers with unsecured lids; or
c) Garbage to be located contrary to the approved site plan for the Premises.
4.10
Section 4.9(b) does not apply to Short-Term Rental Accommodations located
within the Vacation Residential (VR) zone.
4.11
No Owner, including an Owner of a Premises zoned Vacation Residential (VR)
shall fail to provide the Licensing Officer with the information set out in Section
8.6(b).
4.12
No Licencee shall operate a Short-Term Rental Accommodation with:
Page 5
a) An open building permit;
b) An outstanding Order issued by the City's Fire Department or Building
Department; or
c) A property standards order or any other order issued by the City.
4.13
No Licencee shall place or mount a fire extinguisher in any cupboard, cabinet,
closet, or other enclosed compartment.
4.14
No Licencee shall permit parking contrary to the Parking Area plan submitted
as part of the site diagram and approved with the Licence application.
4.15
No Licencee shall:
a) Permit tents to be used for sleeping accommodations on the Short-Term
Rental Accommodation Premises, except on property zoned Vacation
Residential (VR); or
b) Permit a Park Model Trailer or Mobile Home to be used for sleeping
accommodations on the Short-Term Rental Accommodation Premises,
except on property zoned Vacation Residential (VR).
4.16
No Licencee shall permit a Special Event at the Premises which exceeds the
number of Renters and/or Guests permitted by the Licence or is otherwise
contrary to any municipal by-law or provincial or federal law.
4.17
No Licencee shall contravene or fail to comply with a term or condition of a
Licence issued under this By-law.
PART 5-0BLIGATIONS OF LICENCEES
5.1
Every Licencee shall ensure that the Short-Term Rental Accommodation meets
the standard of the Zoning By-law in respect of parking requirements.
5.2
Every Licencee shall ensure that the Short-Term Rental Accommodation has
sufficient parking on the Property to accommodate all Renters and Guests.
5.3
Every Licencee shall maintain a register of Renters and Guests, which shall be
updated on a weekly basis and which shall contain:
a) The location and Licence number of the Short-Term Rental Accommodation;
b) Confirmation, on a weekly basis, that smoke and carbon monoxide alarm
have been checked and are in working order;
c) The names of Renters and Guests and the corresponding check-in and
check-out dates; and
d) The licence plate number for each vehicle for all Renters and Guests.
5.4
Every Licencee shall ensure that:
a) The register is produced to the City upon request;
b) The Licence is displayed in a prominent, permanent place at the Premises;
c) Current and accurate information has been provided to the Licensing Officer;
and
Page 6
d) Garbage on the Premises is contained in containers with securable lids and
is located in accordance with the site diagram filed in support of the Licence
application.
5.5
Every Licencee shall establish and maintain a Local Contact Person.
5.6
Every Licence shall operate a Short-Term Rental Accommodation in
accordance with the Plan for Fire Safety for the Premises.
PART 6 - LICENSING REQUIREMENTS
6. 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 City, which shall include
but not be limited to each and every Owner's name, address, telephone
number, and email address;
b) Proof of Ownership for the Premises;
c) A statutory declaration signed by each and every Owner stating that each
and every Owner understands their responsibility as a Licencee;
d) A site diagram and floor plan of the Premises, drawn to scale and fully
dimensioned, identifying:
i.
The location of all Buildings on the Property;
ii.
The location of wells and all components of sewage systems;
iii.
The use of each room;
iv.
The location of smoke and carbon monoxide alarms, and early warning
devices;
v.
The location of fire extinguishers and exits;
vi.
The location of records of tests and maintenance of smoke and carbon
monoxide alarms, early warning devices and fire extinguishers;
vii.
The location of all gas and electric appliances;
viii.
The location of all fireplaces and fuel-burning appliances;
ix.
All entrances/exits to and from all Buildings;
x.
The exterior decks and related site amenities including dimensioned
Parking Spaces, and other Buildings or structures on the Property; and
xi.
The location of all garbage and/or garbage containers, the type of all
garbage containers proposed, as well as the day of the week that
garbage will be removed . Commercial-size garbage containers shall not
be permitted unless the Licensing Officer, in their sole discretion, is
satisfied that the site is appropriate for such containers.
e) A certificate of insurance which includes a liability limit of no less than two
million dollars ($2,000,000.00) per occurrence for property damage or bodily
injury. Such insurance policy must identify that a Short-Term Rental
Page 7
Accommodation is being operated on the Premises. The insurance coverage
required herein shall be endorsed to the effect that the City will be given at
least 10 days' notice in writing of any cancellation or material variation in
policy;
f) An electrical general inspection performed by a licenced electrical contractor
dated within five (5) years of the date of the application;
g) Where there are wood-burning appliances on the Premises, a Wood Energy
Technical Transfer (WETT) report dated less than five (5) years from the
date of the application issued by a certified WETT inspector;
h) An annual inspection report, provided with the annual application, indicating
that any chimney, flue pipes, etc. on the Premises have been inspected by
a WETT-certified chimney sweep and are safe to be utilized;
i) A Heating, Ventilation, and Air Conditioning (HVAC) inspection report issued
by an HVAC technician. An updated report shall be required each year;
j) Where a private septic system exists on the property in which a license is
applied for, an annual report from a licensed septic maintenance company
that the septic is in good working order, and a record of any in-year septic
tank pump outs;
k) Where a private well exists on the property in which a license is applied for,
a record of all testing and test results from Niagara Region Public Health.
Tests must be submitted to Niagara Region Public Health a minimum of
three times per year;
I)
The name and contact information of the Local Contact Person who can be
readily contacted within thirty (30) minutes and respond to an emergency or
contravention of any City by-law, including attendance on site of the
Premises, within sixty (60) minutes of being notified of the occurrence, 24
hours per day;
m) For renewal applications, maintenance and record of tests for all smoke and
carbon monoxide alarms;
n) For renewal applications, a register of all Renters and Guests who have
occupied the Premises during the last term of the Licence, as described in
Section 5.3 of this By-law; and
o) The names of the platforms upon which the Short-Term Rental
Accommodation will be listed, advertised, or promoted.
6.2
An Applicant shall pay the Licensing Fee as prescribed in the Fees and Charges
By-law.
6.3
An Applicant or Licensee shall be responsible for informing the City, in writing,
of any changes to the information contained within the application or any
deviation to the approved plans within seven (7) days of such change or
deviation.
6.4
A Licensee shall ensure that any listing, advertisement or promotion relating to
the renting out of the of the Premises includes the corresponding Licence
number issued by the City.
Page 8
6.5
Where an Applicant is a corporation, the Applicant shall provide such additional
information and documentation as required by the Licensing Officer, which
includes but is not limited to:
a) A copy of the incorporating document(s);
b) A copy of the most recent corporate filing with the Ministry of Government
and Consumer Services listing all directors and officers and the head office
address of the corporation;
c) A letter indicating resolution of the directors of the corporation authorizing
the application for a Licence;
d) The name and contact particulars of every Person having responsibility for
the operation of the Short-Term Rental Accommodation; and
e) Its annual return under the Corporations Information Act, R.O. 1990, c. C.39.
PART 7- SITE REQUIREMENTS
7.1
The provision of parking on the required site diagram shall include the following:
a) The location of the Parking Area with the minimum number of Parking
Spaces as set out in the Zoning By-law;
b) An acknowledgement that Renters and Guests are permitted no more cars
than there are designated Parking Spaces in the Parking Area; and
c) An illustration of compliance with all other provisions of the Zoning By-law.
d) Sections 7.1 (a)(b)(c) shall not apply where the Short-Term Rental
Accommodation is located within the Vacation Residential (VR) zone and
the Owner of the property zoned Vacation Residential (VR) has set limits on
the number and location of parking spaces within the property.
7.2
A Parking Area shall consist of a hard-surfaced driveway (gravel, paved,
concrete, interlock or similar hard surface).
7.3
The Owner shall make the following available to Renters:
a) A copy of a valid Licence displayed on site at the Premises;
b) A copy of the site diagram showing the Parking Area and Parking Spaces
for the Premises;
c) A copy of the approved floor plans identifying the rooms and showing exits
and fire escape routes;
d) A copy of the City's Noise By-law;
e) A copy of the City's Open Air Burning and Recreational Fires By-law;
f) A copy of the City's Lot Maintenance By-law;
g) A copy of the City's Fireworks By-law;
h) The occupant load of the Dwelling Unit, posted in a prominent location;
Page 9
i)
Emergency "911" instructions with the address of the Property clearly printed
and posted in a prominent location;
j) A copy of the smoke and carbon monoxide alarm maintenance and use
instructions;
k) Name and contact information of the Local Contact Person; and
I)
The Plan for Fire Safety, which shall be posted on the back of every door or
visibly adjacent to every door where it can be seen when exiting.
7.4
A Short-Term Rental Accommodation shall provide a listed ABC portable fire
extinguisher with the minimum rating of 2A 1 0BC 5 lb on each level of the Short-
Term Rental Accommodation.
7.5
Portable fire extinguishers shall be:
a) Kept operable and fully charged;
b) Located so that they are easily seen and shall be accessible at all times;
c) Tested and maintained in conformance with NFPA 10, "Portable Fire
Extinguishers"; and
d) Inspected monthly.
PART 8 - BEDROOM AND OCCUPANCY RESTRICTIONS
8.1
Every Licence shall set out the maximum number of Bedrooms that may be
used as part of the Short-Term Rental Accommodation, which number shall be
limited to the number of available Parking Spaces on the Premises.
8.2
Notwithstanding Section 8.1, the Licensing Officer has the discretion to increase
the number of available Bedrooms based on circumstances specific to the
Premises, to a maximum of five Bedrooms.
8.3
Renters in respect of a Short-Term Rental Accommodation shall be limited to
two Renters per Bedroom, to a maximum of ten Renters in total, excluding
infants up to two years of age.
8.4
Notwithstanding Section 8.3, a Short-Term Rental Accommodation may permit
an additional two Renters under 16 years of age.
8.5
A Short-Term Rental Accommodation shall be limited to one Guest per
Bedroom to a maximum of five Guests in total.
8.6
Sections 8.3, 8.4 and 8.5 shall not apply where the Short-Term Rental
Accommodation is located in the Vacation Residential (VR) zone and the
Dwelling Unit falls within one of the following building classifications: Park Model
Trailer, Mobile Home, trailer or tent, provided the Owner of the Property zoned
Vacation Residential (VR) has:
a) Set restrictions or limits on the number of Renters and Guests which has
been approved by the Licensing Officer and incorporated into the Licence;
and
b) Provides the Licensing Officer with the following information:
Page 10
1.
Each site that has been used as a Short-Term Rental Accommodation;
ii. The Owner of each site that has been used as a Short-Term Rental
Accommodation; and
iii. The names of all Renters and Guests and corresponding check in and
check out dates for each site that has been used as a Short-Term Rental
Accommodation.
PART 9 - PRE-LICENCE INSPECTION
9.1
It is the responsibility of an Applicant to contact the City for an inspection, which
shall be carried out to ensure compliance with the following, where applicable:
a) The provisions of this By-law;
b) The Building Code Act, 1992, S.O. 1992 c.23 and regulations made
thereunder;
c) The Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, and
regulations made thereunder;
d) The Planning Act, R.S.O. 1990, C. P.13;
e) The Zoning By-law; and
f) Any other municipal by-laws, provincial legislation or federal legislation that
may affect the safety and well-being of Persons or eligibility of the application
or Licence.
9.2
During the inspection process, all relevant departments of the City may be
circulated and may provide comments on any known matters that would assist
with the determination of Licence eligibility.
PART 10 - ISSUANCE OF LICENCE, GROUNDS FOR REFUSAL, REVOCATION
AND THE IMPOSITION OF CONDITIONS
10.1
The Licensing Officer shall have the authority to:
a) Issue, refuse to issue, renew or refuse to renew a Licence;
b) Revoke or suspend a Licence; and
c) Impose terms and conditions on a Licence.
10.2
The Licensing Officer may refuse to issue or renew a Licence where:
a) There are reasonable grounds for belief that the operation of the Short-Term
Rental Accommodation may be adverse to the public interest;
b) A Licence has been previously revoked, suspended, or made subject to
terms and conditions;
c) An Applicant has presented a history of contravention of this By-law;
d) The proposed use of the Premises is not permitted by the Zoning By-law;
e) Items identified during a pre-Licence inspection have failed to be corrected;
Page 11
f) The Owner is indebted to the City in respect of fines, penalties, judgements,
or any other amounts owing,
including awarding of legal costs,
disbursements, outstanding property taxes, municipal accommodation taxes
and late payment charges against an Owner's Property; or
g) The Premises do not conform with applicable federal and provincial law and
regulations or municipal by-laws, including, but not limited to, the Zoning By-
law, the Property Standards By-law, the Lot Maintenance By-law, the Noise
By-law, the Parking and Traffic By-law, the Building Code Act, the Fire
Protection and Prevention Act, and the Electricity Act.
10.3
Conditions
imposed
by
the
Licensing
Officer
shall
be
based
on
recommendations provided by an Officer, Chief Fire Official, Chief Building
Official, or any agency circulated on an application.
10.4
The Licensing Officer may revoke, suspend or make any Licence subject to
special conditions at the discretion of the Licensing Officer where:
a) The Licence was issued or renewed in error or granted based on incorrect or
false information;
b) The Licensing Officer is satisfied that the continuation of the Licence poses
a danger to the health and safety of any Person; or
c) The Licencee has breached any provision of this By-law or any other City by-
law relating to the Premises.
PART 11 - TERM OF LICENCE
11.1
A Licence that has been issued pursuant to this By-law shall expire upon the
earliest of the following events:
a) December 31 of the year issued;
b) Upon the sale or transfer of the Premises; or
c) The Licence has been suspended or revoked in accordance with the
provisions of this By-law.
11.2 A Licencee that intends to renew their Licence shall be responsible for the
submission of a renewal application prior to the expiry date of the Licence. Any
application for a property for which a Licence has not been previously issued or
for which a Licence has been previously issued but has expired under Section
11.1 shall be considered a new application.
11.3 A Licence may only be issued to the Owner of the Premises.
PART 12- LICENCE APPEAL PROCESS
12.1 The power and authority to conduct appeal hearings under this By-law is hereby
delegated to the Committee.
12.2
Where the Licensing Officer has denied an application for a Licence or a
renewal of a Licence, has suspended or revoked a Licence, or has imposed
conditions on a Licence, the Licensing Officer shall inform the Applicant by way
of written notice setting forth the grounds for the decision and shall advise of the
right to appeal such decision to the Committee.
Page 12
12.3 An Owner may appeal to the Committee in relation to a matter set forth in a
notice delivered pursuant to Section 12.2.
12.4 A request for an appeal shall be made within 14 business days of service of the
written notice. An appeal shall be made in writing to the Licensing Officer, setting
forth the reasons for the appeal, with payment of the required Appeal Fee as
prescribed by the Fees and Charges By-law, as amended or replaced from time
to time.
12.5 Where no request for an appeal is received in accordance with Section 12.4,
the decision of the Licensing Officer shall be final and binding.
12.6
Where a request for an appeal is received, a hearing of the Committee shall be
convened, and the Owner shall be provided notice thereof in accordance with
the Appeal By-law. After such opportunity to be heard, the Committee shall
make a decision. When making its decision, the Committee may consider any
matter pertaining to this By-law, or other matter that relates to the health, safety
and well-being of the public. When making its decision, the Committee may
refuse to issue or renew a Licence, revoke or suspend a Licence, or impose any
condition to a Licence.
12.7
The Committee's decision concerning an appeal under this By-law is final and
binding. No further appeals shall be heard by the Committee or Council for
matters that have been previously heard and determined by the Committee, or
for matters relating to non-compliance with a Zoning By-law requirement.
12.8
Matters arising during the course of an appeal that are not provided for in this
By-law shall be governed by the Statutory Powers Procedure Act, R.S.O. 1990,
s. 22, as amended.
PART 13-0RDERS
13.1 If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an Order requiring the Renter and/or Person who
contravened this By-law and/or Person who caused and/or permitted the
contravention and/or the Licensee to take actions to correct the contravention.
13.2
The Order shall set out:
a) Reasonable particulars of the contravention adequate to identify the
contravention and the location of the contravention; and
b) The work or action to be done and the date by which the work must be done,
if any.
13.3 An Order shall be served personally upon the Person to whom it is directed to,
sent by email as provided in a related Licence application, or by regular mail or
registered mail to the address shown on the last revised assessment roll or to
the last known address.
13.4 An Order under Section 13.1 may require action be taken notwithstanding that
the contravention of this By-law was present before this By-law came into force.
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13.5
If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an Order, known as a "Discontinue Activity Order", requiring
the Renter and/or Person who contravened this By-law and/or Person who
caused or permitted the contravention and/or the Licencee to discontinue the
contravening activity.
13.6
The Discontinue Activity Order shall set out:
a) Reasonable particulars of the contravention adequate to identify the
contravention and the location of the contravention; and
b) The date by which there must be compliance with the Discontinue Activity
Order.
13.7 A Discontinue Activity Order shall be served in the same manner as an Order
as set out in Section 13.3, or may be given verbally to the Person to whom it is ·
directed.
13.8
In the event the Officer is unable to serve any Order under the provisions of this
By-law, the Order shall be posted in a prominent place on the Premises, and
the posting of the Order shall be deemed to be sufficient service of the Order
on the Renter or Licensee/Owner.
13.9 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.
13.10 Where an Order or a Discontinue Activity Order is not complied with or any other
thing required or directed to be done in accordance with this By-law is not done
within the required time, the Officer may, upon reasonable notice, do such thing
at the expense of the Person required to do it, the costs of which, including an
Administration Fee as prescribed by the Fees and Charges By-law, shall be
payable and the costs added to the tax roll of the Premises and collected in the
same manner as property taxes.
PART 14 - ENTRY AND INSPECTION
14.1
An Officer, Chief Fire Official or Chief Building Official may, at any time, enter
onto any land or Premises to determine whether this By-law, a direction or Order
made under this By-law, or a condition of a Licence issued under this By-law, is
being complied with.
14.2
Notwithstanding any provision of this By-law, an Officer, Chief Fire Official or
Chief Building Official shall not enter or remain in any room or place actually
being used as a Dwelling Unit, unless:
a) The consent of the occupier is obtained after the occupier has been informed
that the right of entry may be refused and, if refused, may only be made
under the authority of a warrant issued under the Provincial Offences Act,
R.S.O.1990, c.P.33, as amended; or
b) A warrant is issued under the Provincial Offences Act, R.S.O.1990, c. P.33,
as amended, is obtained.
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14.3 A Chief Fire Official may, without a warrant, enter and inspect the Premises for
the purposes of assessing fire safety pursuant to section 19(2) of the Fire
Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended
14.4 A Chief Building Official, an inspector and their agents may enter upon land
and into buildings at any reasonable time without a warrant if they consider
necessary for the protection of the public, pursuant to The Ontario Building
Code Act, 2002, c. 9, s. 26.
PART 15-0BSTRUCTION
15.1
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer,
Chief Fire Official or Chief Building Official exercising a power or performing a
duty under this By-law.
PART 16- PENALTY
16.1
Every Person who contravenes any of the provisions of this By-law and every
director or officer of a corporation who knowingly concurs in the contravention
by the corporation is guilty of an offence under the provisions of the Municipal
Act.
16.2 Every Person who contravenes the provisions of this By-law and every director
or officer of a corporation who knowingly concurs in the contravention by the
corporation is guilty of an offence and liable, upon a first conviction, to a fine of
not less than $500 and the maximum shall not exceed $100,000, exclusive of
costs under the provisions of the Municipal Act, 2001.
16.3 All contraventions of this By-law constitute a continuing offence.
16.4
For the purpose of a continuing offence, every Person who contravenes any
provision of this By-law and every director or officer of a corporation who
knowingly concurs in the contravention by the corporation is guilty of an offence
and liable on conviction to a penalty not exceeding $10,000 per day, exclusive
of costs under the provisions of the Municipal Act.
16.4
Each day a contravention occurs constitutes a new offence.
16.5
Despite Section 16.2 and pursuant to the provisions of the Municipal Act, the
total of all daily fines for an offence is not limited to $100,000.
PART 17 -ADMINISTRATIVE PENALITES
17.1
This By-law is designated as a by-law to which the Administrative (Non-Parking)
Penalty By-law No. 6902/50/21 applies.
17.2 An Officer may issue an Administrative Monetary Penalty notice immediately
upon evidence of a violation of this By-law in accordance with By-law No.
6902/50/21, as amended, or replaced from time to time.
17.3 The Administrative Monetary Penalties for failure to comply with this By-law are
set out in Schedule "B" of By-law 6902/50/21, as amended or replaced from
time to time.
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PART 18 - SEVERABILITY
18.1
If any court of competent jurisdiction declares any section or part of this By-law
to be invalid, such section or part of a section thereof shall be deemed to be
severable and all other sections or parts of this By-law shall be deemed to be
separate and independent therefrom and to be enacted as such and the
remainder of this By-law shall be valid and shall remain in force.
PART 19-CLERK'S CORRECTING CLAUSE
19.1
The Clerk is authorized to effect any minor modifications, corrections, or
omissions, solely of an administrative, numerical, grammatical, semantical, or
descriptive nature to this by-law or its schedules after the passage of this By-
law.
PART 20- EFFECTIVE DATE
20.1
This By-law shall come into force and effect on N
, 2025.
Mayor
-e.-tlf~
Charlotte Madden
City Clerk
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