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THE CORPORATION OF THE MUNICIPALITY OF SOUTH DUNDAS
BY~LAW NO. 2022~33
A By~law to license and regulate the operation of Short~Term
Rentals.
WHEREAS the Municipal Act, 2001, ("Municipal Act") provides the powers
of a municipality under this or any other Act shall be interpreted broadly so
as to confer broad authority on the municipality to enable the municipality
to govern
its affairs as
it considers appropriate
and
to
enhance
the
municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to the Municipal Act,
a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose
of exercising its authority under this act or any other Act;
AND WHEREAS pursuant to the Municipal Act,
a municipality has the
authority to implement business licensing in the interest of health and safety,
well~being of persons, consumer protection and nuisance control;
AND WHEREAS the Municipal Act enables a municipality to pass by~laws
for imposing fees or charges for permits and services provided or done by
them;
AND WHEREAS pursuant to the Municipal Act,
a municipality has the
authority to impose a system of administrative penalties and fees as an
additional means of encouraging compliance with this By~law;
AND WHEREAS the Municipal Act permits a municipality to pass by~laws
providing that the municipality may enter on land at any reasonable time for
the purpose of carrying out an inspection to determine compliance with a
By~law direct, Order or License;
AND WHEREAS the Municipal Act provides that if
a municipality is satisfied
that a contravention of a by~law of the municipality passed under this Act
has occurred, the municipality may make an order requiring the person who
contravened the by~law or who caused or permitted the contravention or the
owner or occupier of the
land
on which the contravention occurred to
discontinue the contravening activity;
AND WHEREAS the Council of the Municipality of South Dundas considers
it advisable that such licensing, regulation and governing takes place with
regard to Short~term Rentails as defined in this By~law;
AND WHEREAS Council has enacted Zoning By~law Amendment to By~law
No. 2021~12 under the provisions of the Planning Act, as amended, with
respect to Short~term Rentals within the Municipality and having done so
desires to provide for a system of licensing to implement said policies and
provisions;
'AND WHEREAS pursuant to the Municipal Act, Council is exercising its
authority to provide for a system of licenses with respect to Short~term
Rental businesses;
'
NOW WHEREAS the Council of the Corporation of the Municipality of South
Dundas hereby enacts as follows:
'
1.1
1.2
Short Title
This By~law may be cited as the "Short~term Rentals Licensing By~
law."
Definitions
The following definitions apply to this By~law:
"Accessory Building" means a detached subordinate building that,
a) Is devoted exclusively to a use normally incidental to the main use
of the property;
b) Is not used for human habitation;
c) Is on the same lot as the main building, and an accessory building
includes a farm building.
. "Additional Residential Unit" means a separate dwelling unit which
is either located in a single detached dwelling, semi~detached dwelling,
rowhouse
or
an
accessory
building
or
structure.
_
"Bed & Breakfast Establishment" means a single detached dwelling
in which the owner and operator who occupies the dwelling and which
provides
no
more
than
four
(4)
guest
rooms
for
temporary
accommodations
of
the
travelling
public.
Bed
&
Breakfast
Establishments offer breakfast meals to the accommodated guests.
"Building" means a structure occupying an area greater than ten (10)
square meters consisting of a wall, roof and floor or any of them or a
structural system serving the function thereof including all plumbing,
words,
fixtures
and
service
systems
appurtenant
thereto,
and
~
includes:
a) a structure occupying an area of ten (10) square meters or less that
contains plumbing, including the plumbing appurtenant thereto;
b) plumbing not located in a structure such as a sewage system; or
c) structures designated in the Building Code.
"Building Code" means the regulation made under Section 34 of the
Building Code Act, 1992, S.0. 1992, c.23, and amended.
"Building Code Act" means the Ontario Building Code Act, 1992,
S.0. 1992, c.23, as amended.
"Business, Short~Term Rental" shall mean the business of making
or attempting to earn revenue by engaging in or by advertising the
availability of a Short~Term Rental dwelling unit for a fee charged or
other goods and valuable consideration.
"Clerk" means the person or his/her designate as appointed by the
Council of the Municipality of South Dundas.
"Council" means the Council of the Municipality of South Dundas.
"Director" means the Director in charge of By~law Enforcement of
the Municipality of South Dundas or an authorized representative.
"Dwelling, Principal Residence" means a dwelling that is owned or
rented alone or jointly with another person, where the person(s) is
ordinarily a resident and has designated the dwelling as their principal
place of residency on their income tax filing and in other government
records. This may include a long~term tenant residing for a minimum
of 6 consecutive months.
"Dwelling Unit" means a suite operated as a single housekeeping
unit, used or intended to be used as a domicile by one (1) or more
persons and usually containing cooking, eating, living, sleeping, and
sanitary facilities. For the purposes of this By~law, a dwelling unit does
not include a tent, trailer, or a room or suite of rooms in a boarding or
rooming house, a hotel, motel, or motor home.
"Fee"" means as set out in the Municipal Fees and Charges By~law, as
amended.
"Guest Room" means a room or suite of rooms used or maintained
for the accommodation of individuals to whom hospitality is extended
for compensation.
"Inspector" means a property standards officer, building inspector,
or any other person appointed to enforce this By~law, and includes the
term Officer.
"License" means the certificate or other similar document issued
pursuant to this by~law as proof of licensing under this by~law.
"Licensed" means to have in one's possession a valid and current
License issued under this By~law and unlicensed has the contrary
meaning.
"Licensee" means the person or business issued a License under this
By~law to operate a Short~Term Rental.
"Municipality/Corporation"
means
the
Corporation
of
the
Municipality of South Dundas.
"Officer" means a property standards officer who has been assigned
or appointed
by the Municipality of South
Dundas as
a Property
Standards Officer and/or a Municipal Law Enforcement Officer to either
administer or enforce this By~law and includes a building inspector for
the Municipality of South Dundas or their designate.
"Owner" includes,
a) the
person
managing
or receiving the rent of the
land
or
premises, whether on the person's own account or as an agent
or trustee of any other person, or who would receive the rent if
the land and premises were let; and,
b) the licensee or occupant of the property who, under the terms
of a license, is required to repair and maintain the property in
accordance with the standards for maintenance and occupancy
of a property.
"Parking Area" shall mean an area or structure, other than a street,
used or intended to be used for the temporary storage of motor
vehicles and includes a private garage or carport, aisles, driveways,
and parking spaces.
1.3
2.1
"Property" means a building or structure, or part of a building or
structure, and includes the lands and premises appurtenant thereto
and
all
mobile
structures,
mobile
buildings,
mobile
homes,
outbuildings, fences,
retaining walls,
landscaping, walkways,
and
erections thereon and includes vacant lands.
"Renter"
means
the
person,
who
has
obtained
entitlement
to
exclusive use of the Short~Term Rental unit from the Licensee.
"Responsible Person" means the owner, or an agent assigned by
the owner or Licensee of the Short~term Rental unit to ensure the
Short~term Rental is operated in accordance with the provisions of this
By~law, the license, and applicable laws.
"Short~Term Rental" or "STR" shall mean a dwelling unit, that in a
whole in part, is rented or available with the intention of financial
compensation for an occupancy period of 30 consecutive days or less,
by way of a municipal license, but does not include a hotel, motel,
boarding house, tourist lodging establishment or bed and breakfast
. establishment.
"Zoning
By~law"
means
the
Municipality
of
South
Dundas
Comprehensive Zoning By~law, as amended from time to time.
Interpretation
1.
Words or phrases contained herein, and which are not defined
by this By~law, are firstly to
be assigned the definition or
meaning attributed to them in the applicable zoning by~law and,
failing such a definition or meaning, the everyday meaning of
such word .or phrase.
General Regulations
1.
No person shall carry on any trade, business, or occupation of
short~term rental for which a license is required under this By~
law if the license has expired or been revoked; or, while the
license is under suspension.
2.
A person is not eligible to hold a license if the proposed use of
the land, building or structure is not permitted by the Zoning By~
law that applies to the property.
3.
A person is not eligible to hold a license unless the person has
provided a statement prepared by the Fire Chief dated within a
period of 24 months of the date of application for license
indicating that the premises conforms to the Fire Protection and
Prevention Act and its regulations as they relate to the operation
and use of the premises for short~ term rental purposes with
such
statement
indicating
the
occupant
load
for
sleeping
purposes for the premises.
4.
The determination of whether a certificate from the Electrical
Safety Authority dated within a period of 24 months of the date
of application for license indicating that the premises conforms
to the Electrical Safety Code, will be determined by Fire and
Emergency Services and Building Department.
10.
11.
12.
A person is not eligible to hold a license if the person is indebted
to the Municipality in respect of fines, penalties, judgments, or
any other amounts owing, including awarding of legal costs and
disbursements and outstanding property taxes and late payment
charges against all properties owned by the owner.
A person is not eligible to hold a license if 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; Nuisance By~
law; the Building Code Act; the Ontario Building Code; the Fire
Protection
and
Prevention Act;
the
Fire Code;
the
Ontario
Electrical Safety Code; or, an order of the Medical Officer of
Health.
The owner shall keep a record of the renter with such record
containing the date of entry, the length of stay, home address
of the renter readily available for inspection at all times by an
Officer for a period of one year.
The owner shall display the license permanently in a prominent
place in the short~term rental premises to which it applies.
. Each license shall include the following:
(a)
Building/site/location address/identifier (i.e., Emergency
or 911 Number);
(b)
License number;
(c)
Effective date and expiry date of the license;
(d)
Owner's name and contact information;
(e)
Rental agent or agency's name and contact information;
(f)
Responsible person's name and contact information; and,
(g)
A plan, that is plaqued or framed, that depicts the location
of
each
bedroom,
smoke
alarm,
extinguisher
and
exit/egress door or window.
The owner of a short~term rental premises shall ensure that
there is a responsible person available to attend to the short~
term rental premises at all times within a period of no greater
than one hour from the time of contact by way of telephone or
email.
The owner of a short~term rental premises for which a license is
required under this By~law shall allow, at any reasonable time,
an employee or agent of the Municipality to inspect the premises
used for the purposes of short~term rental so as to determine
compliance with the requirements of this By~law, Fire Code,
Building Code, Property Standards By~law or other applicable
law.
No person shall obstruct, hinder, or otherwise interfere with an
authorized employee or agent of the Municipality while carrying
out
an
investigation,
making
inquiries,
or
performing
an
inspection for the purposes of enforcing this By~law or any other
Municipal By~law or Provincial legislation or regulation.
13.
14.
15.
16.
17.
18.
19.
No
person
shall construct or equip
a
place of business or
premises used for the business to hinder the enforcement of this
By~law.
Every owner shall maintain the short~term rental premises in a
clean and sanitary condition, with adequate measures for the
storage and disposal of garbage and waste and sufficient levels
of illumination to permit the safe use of the premises. For the
purposes of this subsection, adequate measures for the storage
and
disposal
of waste shall
mean
a
self~enclosed
building,
structure, or container, located outside of the short~ term rental
premises, which is of a sufficient size that will store the garbage
and waste generated by the premises until such garbage and
waste is disposed of.
Every owner who is a licensee of lands owned by others shall
report the short~term rental use of those licensed lands to the
landowner. (ie, licensed waterfront access).
Every licensee shall ensure that the short~term rental premises
is operated and used in a fashion such that the operation or use
will not cause a disturbance.
Every licensee shall provide an undertaking to operate the short~
term rental premises in accordance with all Municipal By~laws
including, but not limited to, the Noise Control By~law, Property
Standards By~law and Garbage Collection
By~laws,
and any
applicable Provincial or Federal laws or statutes including the
Ontario
Fire
Code
and
laws
related
to
the
making
of
a
disturbance.
Further,
every
licensee
shall
include
in
such
undertaking a confirmation that they will require that each renter
abide by a Renter's Code.
No licensee or employee of a licensee shall discriminate in the
carrying on of the trade, business, or occupation of short~term
rental 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.
The Director may revoke a license if it was issued on mistaken,
false, or incorrect information.
3.1
Application
1.
The requirements of this By~law apply to the trade, business, or
occupation
of
providing
short~term
rentals
within
the
geographical limits of the Municipality of South Dundas as of the
date this By~law comes into effect.
Persons who own, operate, or offer a premises for short~term
rentals as of the effective date of this By~law must file an
application for a license under this By~law.
The determination of whether a license application is "complete"
in accordance with the requirements of this By~law shall be
within the sole discretion of the Director.
Every application for a new license or a renewal or extension of
an existing license shall be submitted to the Building & By~law
Department on the forms prescribed.
Every application for a new license or a renewal or extension of
an existing license shall include:
a) each owner, applicant and/or agent's name, address,
telephone number, facsimile transmission number and e~
mail address;
b) a copy of the transfer/deed evidencing the ownership of
the premises;
_
c) in the instance of an applicant or agent acting on behalf
of the Owner, an Owner's written authorization
permitting the applicant or agent to act on their behalf;
d) the
rental
agent's
or
agency's
name,
address
and
telephone number;
e) in the instance of a corporation or partnership, the name,
address and telephone number of each director and officer
or partner of the Owner and/or rental agent or agency;
f) the name, address, telephone number and e~mail address
of a person who has been assigned
by the owner or
operator to be the responsible person for the operation
and conduct of the inhabitants of the licensed short~term
rental premises;
.
g) a statement from the Owner certifying
the accuracy,
truthfulness, and completeness of the application;
h) proof of placement of insurance specific to the rental
nature of the property that includes a limit of liability of
not less than
$2
million
per occurrence for property
damage and bodily injury and includes provisions that the
Municipality will be notified of any intended cancellation by
the
insurer
no
fewer
than
15
days
prior
to
such
cancellation;
i)
floor plans and
a site plan, drawn
to scale and fully
dimensioned, of the short~term rental premises depicting
the use of the premises including the proposed occupancy
of each room; occupant load for sleeping purposes of each
room;, location of smoke/carbon monoxide detection and
early warning devices; location of fire extinguishers, and
related site amenities including parking, landscaping and
other buildings or structures on the land;
j)
a
Parking
Management
Plan
that
complies
with
the
applicable Zoning by~ law;
k) the prescribed fees; and,
)
any outstanding fees or fines owed to the Municipality by
the Owner respecting any short~term rental premises.
A licensee shall inform the Building & By~law Department of any
changes to the information provided in Section 3.1(5) within a
period of 30 days.
In addition to the requirements of Section 3.1{5), an applicant
shall provide, if requested, evidence that the use of the short~
term rental premises is protected by virtue of Section 34(9)(b)
10.
11.
of the Planning Act with such evidence including, but not be
limited
to,
a
sworn
Statutory
Declaration
confirming
the
continued use of the premises for short~term rental purposes
from prior to the enactment of a By~law that prohibited such use
through to the present; rental receipts, advertisements and any
other records that may be relevant that are supportive of the
establishment and continued use of the premises for short~term
rental purposes; and, an opinion, from a Solicitor licensed to
practice in Ontario, as to whether the premises is protected by
virtue of Section 34(9)(b) of the Planning Act and, in support of.
that opinion, the reasons why.
Every application for a license will be reviewed by the Director
to determine whether it meets the requirements of this By~law.
As
part
of
the
review
referenced
at
Section
3.1(8),
the
application
will
be
circulated
to
those
agencies
deemed
necessary and/or relevant by the Director.
Those agencies referenced at Section 3.1(9) may require an
inspection of the premises prior to the provision of comments
and prior to the consideration of the application by the Director.
The applicant shall cooperate and facilitate
in arranging the
inspection of the premises in a timely manner and shall be in
attendance
during
the
inspection.
In
the
instance
of the
requirement of the payment of fees for such an inspection, the
applicant shall pay the fees as required prior to the inspection.
If it is determined that an application meets the requirements of
this By~law and all circulated agencies, the Director shall issue
the license.
'
3.2
License Requirements
1.
No person shall carry on any trade, business, or occupation of
providing
short~term
rentals
unless
that
person
has
first
obtained a license.
A person who obtains a license shall comply with the regulations
set out in this By~law for such license. Failure to comply with the
regulations constitutes an offence.
An agent of persons who own, operate or offer a premises for
short~term rentals purposes without
a
license shall also
be
personally liable for the compliance of the principal, beneficiary
or persons they represent. Failure by such a person to comply
with this By~law constitutes an offense.
Licenses issued pursuant to this By~law are conditional upon
compliance by the licensee with all Municipal, Provincial and
Federal Laws and Regulations and any conditions imposed to
the holder of the license.
4.1
Administration
1.
10.
11.
12.
13.
The
By~law
Enforcement Department
is responsible for the
administration and enforcement of this By~law.
If it
is determined that an
application
does
not meet the
requirements of this By~law and the requirements of all of the
circulated agencies, the Director shall refuse the issuance of the
license.
A license shall be issued to the owner of the short~term rental
premises.
A license is valid for the duration of one (1) calendar year period.
All Fees and Charges are in accordance with the Municipal Fees
& Charges By~law, as amended.
A licensee is not eligible for the renewal or extension of an
existing license unless the licensee has provided an application
form.
A license is not transferable.
No person shall enjoy a vested right in the continuance of a
license.
Licenses shall remain the property of the Municipality.
If at any time the Director determines as a result of evidence
that is provided that the operation of a licensed short~term rental
premises does not conform to the requirements of this By~law,
the Director may impose an Administrative Penalty.
If at any time the Director determines as a result of evidence
that is provided that the operation of a licensed short~term
rental premises does not conform to the requirements of this
By~law, the Director may commence with proceedings pursuant
to the Provincial Offences Act.
Decisions of the Director as they relate to a license refusal and
administrative penalties may be appealed to Council.
A person who wishes to appeal the Director's decision to Council
as noted in Section 4.1(12) shall file an application for a hearing
and pay the fee as prescribed. If an application for appeal has
not been applied for within fifteen days of the Director's decision,
the Director's decision is deemed to be confirmed. An application
for appeal is not complete until the fee as prescribed is paid.
14.
15.
16.
17.
18.
19.
A person who has appealed the Director's decision noted at
4.1(12)
will
be
given
an
opportunity
to
make
written
representations to or to appear before Council when it reviews
the matter.
Council will review the matter and may affirm, modify, or rescind
the decision of the Director or direct that the license be issued
with
such
terms
and/or conditions
deemed
appropriate
by
Council.
Decisions of Council are final.
Applications for license and issued licenses, along with the legal
description and/or emergency number and associated owner,
agent, applicant, and responsible person contact information will
be posted to the Municipality's website.
Matters to be considered by Council, including that information
identified in this section and the location, date and time of the
meeting shall be posted to the Municipality's website.
Matters, notices, orders, and communications related to a non~
compliance under a Federal or Provincial Law or Regulations or
a Municipal By~law, including, but not limited to, the Property
Standards By~law; the Building Code Act; the Building Code; the
Fire Protection and Prevention Act; the Fire Code; the Ontario
Electrical Safety Code; or an order of the Medical Officer of
Health are not appealable to Council.
4.2
Revocation and Suspension
1.
In accordance with Section 4.1(15), the Council may affirm,
modify or rescind the decision of the Director or, direct that the
license be issued with such terms and/or conditions deemed
appropriate by the Council or, suspend or revoke a license.
Regard to the nature, severity and frequency of non~compliances
related to the premises, and any other premise owned by the
owner, shall be considered by Council in considering the length
of a suspension and/or a revocation.
4.3
Offence and Penalty Provisions
1.
Any person who contravenes any provision of this By~law is
guilty of an offence and, upon conviction, is subject to a fine as
provided
in
the
Municipal Act,
2001,
as amended,
or the
Provincial Offences Act and to any other applicable penalties.
If this By~law is contravened and a conviction entered, the court
in which the conviction has been entered and any court of
competent jurisdiction thereafter may, in addition to any other
remedy and to any penalty that is imposed, make an order
prohibiting the continuation or repetition of the offence by the
person convicted.
3.
If this By~law is contravened and a conviction entered, the court
may also order that the premises or part of the premises be
closed to any use as short~term rental.
4.4
Administrative Penalties
4.5
4.6
An
Officer who finds that
a
person
has contravened
any
provision of this By~law may issue a penalty notice addressed
to that person.
Any person who contravenes any provision of this By~law shall,
upon issuance of a penalty notice pursuant to Section 4.4(1) be
liable to pay to the Municipality an administrative penalty set out
in Schedule A of this By~law.
The penalty notice shall be given to the person to whom or to
which it is addressed as soon as is reasonably practicable and
shall include the following information:
(a)
Particulars
of
the
contravention,
including
to
which
property it applies;
(b)
The amount of the administrative penalty;
(c)
Information respecting the process by which the person
may exercise the person's right to request a review of the
administrative penalty; and,
(d)
A statement advising that an administrative penalty will,
unless
modified
or rescinded
pursuant
to
the
review
process, constitute a debt to the Municipality.
A person may appeal an administrative penalty to Council as set
out in Section 4.1(12).
An
administrative
penalty
that
is
deemed
to
be
affirmed
constitutes a debt to the Municipality of each person to whom or
to which the penalty notice was given.
An administrative penalty that is not paid may be added to the
tax roll to the property to which it applies and collected in the
same manner as taxes.
Delegation
1.
For the purposes of Subsection 23.2(4) of the Municipal Act, it
is the opinion of Council that the powers delegated pursuant to
this By~law are minor.
Validit
1.
If a court of competent jurisdiction declares any provision, or
any part of a provision, of this By~law to be invalid, or to be of
no force and effect, it is the intention of Council in enacting this
By~law that each and every provision of this By~law authorized
by law be applied and enforced in accordance with its terms to
the extent possible according to law.
2.
If any portion of this by~law is found in conflict with any other
provisions of any zoning, building, fire, safety or other by~law of
the Municipality or regulations, that provision which establishes
i
the higher standard shall prevail.
4.7
Effective Date
'
By~law No. 2021~119 shall be repealed in its entirety.
This By~law comes into force and effect on the day of passing.
READ and passed in open Council, signed and sealed this 14t" day of March
2022.
Proposed fees ~ to be added to Fees & Charges By~law
DEPARTMENT
FEE
BY~LAW ENFORCEMENT
SHORT TERM RENTAL LICENSE
$500 annual flat fee
ADDITIONAL INSPECTIONS
(where applicable)
$75 per hour per Inspector
(includes complaint~based inspections)
Falsified Complaint
$75 per hour per Inspector
(charged to the Complainant)
Operate/ Advertise a Short~Term | $500
Rental without a current license
Advertising a Short~Term Rental
| $500
without license number
Failure to respond to complaint
$250
within forty~five (45) minutes
Notes:
Building Inspector & Fire Inspector may'
be required.
MUNICIPALITY OF SOUTH DUNDAS
34 Ottawa Street, P.O. Box 740
Morrisburg ON KOC 1%X0
613.543.26731 southdundas.com
APPLICATION TO LICENSE SHORT TERM RENTALS
Licensing period beginning January 2022
NEW
RENEWAL
RENEWAL
~ New Owner
Note: For a renewal application, your operation must have been licensed in previous year
PROPERTY ADDRESS
HOUSE NAME (if applicable)
TYPE
Permitted #
Total # of
# of
of Bedrooms |
Bedrooms within
Bedrooms
structure
to be
licensed
Owner Occupied
1~3
Residential Unit
1~3
Seasonal Dwelling
1~4
Suite
1~4
Please refer to the Short~Term Rental by~laws for further guidelines and restrictions
REGISTERED OWNER(S)
| PHONE NO. (*required)
EMAIL (*required)
PROPERTY MANAGER(S) | PHONE NO. (*required)
EMAIL (*required)
LOCAL CONTACTS
(if applicable)
Property Manager (required to available to attend to the Short~Term Rental at all times within
a period of no greater than forty~five (45) minutes from the time of contact)
MAILING ADDRESS
NO. & STREET
BOXIRR/SS/APT
CITY
PROVINCE/STATE | PC/ZIP CODE
Please Note:
Seasonal Dwelling
~ as these are not to be occupied continuously as a principal residence and
therefore there must be a different mailing address.
~ PAGE 2
~
Municipal Water | Swimming Pool
Year Built
Owned
# of Full Time
Occupants
O vesOno | OQves[no
OvesOno
Note: If a property is leased, a signed statement from the property owner giving permission for the
property to operate as a Short~Term Rental must be provided.
ALL LICENSED VEHICLES USED BY THE RESIDENTS
NOTE: Ensure there is adequate parking shown on the site plan for all vehicles
Make & Model
Colour
Plate No.
I/MWe do declare that all of the information submitted with this application is true and understand that it
will take a minimum of two (2) weeks for this application to be processed. All applicable by~laws, and
requirements, have been read and are understood, pertaining to the operation of a Short~Term Rental.
IMWe further give permission for Fire and By~law Inspectors, and if required, Building Inspectors and
the Eastern Ontario Health Unit, to enter the residence for the purpose of inspecting for compliance with
the Municipality's by~laws and regulations.
IMWe confirm that the Renter Code of Conduct will be posted and/or made available to each Renter.
RENEWAL APPLICATIONS
IMWe confirm that the floor plans and site plan on file for this Short~Term Rental still are accurate and
no changes have been made to the room layouts.
SIGNATURE OF REGISTERED OWNER
DATE
SIGNATURE OF REGISTERED OWNER
DATE
~ PAGE3
~
FOR INTERNAL USE ONLY
Submission Date
Inspection Date (By~law & Fire)
Amount Paid
$
o Cheque
0 Cash
0 Interac
Customer Service
Representative:
CHECKLIST
o YES 0 NO
Signed Application
o YES 0 NO
Site Plan (drawn to scale showing all required parking spaces)
o YES 0 NO
Floor Plan(s)
~ All Floors in dwelling
o YES U NO
Certificate of Insurance with Municipality named as
Additional Insured
o YES O NO
Signed Good Neighbour Agreement
a YES 0 NO
Electrical Safety Authority Inspection Certificate, if applicable
o YES 0 NO
Statement of Owner's Consent (if property is leased)
PRELIMINARY PLANNING & BUILDING REVIEW
Date:
Zoning:
Notes:
Staff Person
|
MUNICIPALITY OF SOUTH DUNDAS
34 Ottawa Street, P.O. Box 740
Morrisburg ON KOC 1X0
613.543.26731 southdundas.com
Short~Term Rental Good Neighbour Agreement
This agreement made this
day of
V
,20
Regarding Short Term Rental License#
WHEREAS
(the "Licensee"):
~ Wishes to demonstrate to The Municipality of South Dundas and the Residents of South Dundas their effort to
be a responsible short~term rental accommodation operator within the Municipality;
~ Recognizes their role as a responsible operator and neighbor within the community and agrees to work with
the Municipality and its departments to resolve all concerns;
~ Wishes to promote The Municipality of South Dundas as a vibrant, safe, and attractive community for the
enjoyment of everyone, including residents, visitors, businesses, and their workers;
~ Recognizes that non~compliance with the Short~Term Rental Good Neighbour Agreement may be brought to
the attention of the Municipality and may trigger an enforcement investigation and/or revocation of license;
~ Recognizes that short~term rental operators have a civic responsibility to address the conduct of their patrons;
and other Municipal By~laws that require certain standards of conduct and maintenance, apply to their properties
used for short~term rental accommodations;
~ Recognizes that should the Licensee's license
be suspended or cancelled and any short~term
rental
accommodation
bookings
and/or nuisance incidents
pertaining
to the
operation
of a
short~term
rental
accommodation continue to occur and remain unresolved, the Municipality may exercise its power to pursue
additional enforcement action including increasing fines and/or legal injunctive action;
AND WHEREAS the Municipality wishes to:
Commend the Licensee for their recognition of their civic responsibilities, and commitment to fostering a good
working relationship with the Municipality and the Licensee's neighbours.
Demonstrate its commitment to early resolution of disputes with the Licensee in relation to this Agreement
whenever possible.
NOW THEREFORE in conjunction with and
in consideration of obtaining, continuing to hold, or
renewing a short~term rental license, the Licensee covenants and agrees with the Municipality to comply
with the regulations set out in By~law No. 2022~33, as amended.
IN WITNESS WHEREOF the parties have executed this agreement in the Municipality of South
Dundas, Province of Ontario, this
day of
, 20
The Licensee, by its authorized signatory:
On Behalf of:
(Owner/Operator)
The Corporation of The Municipality of South Dundas
X.
X.
MUNICIPALITY OF SOUTH DUNDAS
34 Ottawa Street, P.O. Box 740
Morrisburg ON KOC 1%X0
613.543.26731 southdundas.com
Acknowledgement
Short Term Rentals
Short Term Rental Address:
understand that:
(4)
(5)
(9)
I/we are not permitted to rent rooms and/or advertise on any web site until the License is issued.
nothing herein allows a Licensee to rent rooms other than those identified on the license and
approved on the floor plans submitted with the application.
the Licensee may be held responsible for behavioral contraventions by tenants and guests
with the Municipality's Noise and Public NuisanceBy~law and Good Neighbour Agreement.
Invoice will be emailed prior to the next licensing year. License fees are due by December
31st each year.
the Licensee is responsible for forwarding a copy of the Certificate of Insurance, as per
Section X, No. 3, on an annual basis. Expiry
the Licensee is responsible for renewing the three (3) year license upon expiry.
the Licensee shall be responsible for informing the Municipal Clerk in writing of any changes to
the approved information contained within the application or any deviation to the approved plans
within seven (7) days of such change or deviation.
the submission of false or misleading information will void the application and any license issued
on such an application may be revoked.
Municipal Law Enforcement Officer is empowered, upon presentation of proper credentials, to
enter onto land at any reasonable time to inspect any building, structure or property for the
purposes of carrying out an inspection to determine whether the by~law or a notice or an order
issued is being complied with.
IMWe understand that any breach of this acknowledgement, provisions of By~law No. 2022~33 as
amended, any other Municipal By~laws or regulations may result in the Short~Term Rental License being
revoked or suspended.
IMWe have read and signed, per applicable: By~law No. 2021~119 as amended
____
Renter Code of Conduct
Good Neighbour Agreement
Signature(s):
Licensee
Witness
Dated this
day of
, 20
MUNICIPALITY OF SOUTH DUNDAS
34 Ottawa Street, P.O. Box 740
Morrisburg ON KOC 1X0
613.543.26731 southdundas.com
Authorization
Short Term Rentals
Short Term Rental Address:
IMWe
(Registered Owners)
hereby authorize
of
(Name)
(Company Name)
(Address
~ Street No., Street Name, City/Town, Postal Code)
(Email Address)
To operate my/our short term rental of a
room,
(Number of rooms)
(Type of rental)
Registered Property Owner(s):
Print
Signature
Witness
Print
Signature
Witness
Print
Signature
Witness
Dated this
day of
, 20
Management Company:
1 undertake to operate the above mentioned Short~Term Rental in accordance with all The Municipality
of South Dundas By~laws, in particular By~law No. 2022~33, as amended.
Print
Signature
Witness
Dated this
day of
, 20
MUNICIPALITY OF SOUTH DUNDAS
34 Ottawa Street, P.O. Box 740
Morrisburg ON KOC 1X0
613.543.26731 southdundas.com
Lease Statement
Short Term Rentals
Short Term Rental Address:
IMWe
(Registered Owners)
hereby authorize
(Name of Leasee)
(Address
~ Street No., Street Name, City/Town, Postal Code)
(Email Address)
To operate a short term rental of
room,
(Number of rooms)
(Type of rental)
Registered Property Owner(s):
Print
Signature
Witness
Print
Signature
Witness
Print
Signature
Witness
Date this
day of
, 20
Leasee:
l
undertake to operate the above mentioned
Short~Term
Rental
in accordance with
all
Municipality of South Dundas By~laws, the Renter Code of Conduct and the Good Neighbour
Agreement, in accordance with By~law No. 2022~33, as amended.
Print
Signature
Dated this
day of
, 20
Witness
MUNICIPALITY OF SOUTH DUNDAS
34 Ottawa Street, P.O. Box 740
Morrisburg ON KOC 1X0
613.543.26731 southdundas.com
Renter Code of Conduct
Short~Term Rental
1. Premise of this Code
The premise of this Code is that the short~term rental premises are, for the most part, located in residential
neighborhoods and that the residents of these neighborhoods have the right to enjoy their own properties
without being imposed upon by nuisance from others.
2. Objectives of this Code
The objective of this Code is to establish acceptable standards of behavior for renters, and their guests,
to minimize any adverse social or environmental impacts on their neighbors and neighborhood.
3. Residential Area
The Renter acknowledges for themselves and on the behaif of others that they will be occupying a short~
term rental accommodation that is located in a residential area.
4. Guiding Principles
The Guiding Principles for short term rental renters are:
+ __ The premise that you are occupying is a home;
+
Treat the premise as your own;
+
Respect your neighbors; and,
+
Leave it as you find it
5. Maximum number of Renters and Guests:
a) The maximum number of occupants within a dwelling that is being operated as a short~term rental
shall not exceed a total number based upon two (2) persons per bedroom plus an additional two
(2) persons. (Cottage Rentals & Villas).
b) The number of non~occupying guests permitted at a short~term rental premises must not be such that it
may conflict with the residential neighborhood or amenity.
6. Noise and Residential Amenity
No person shall make noise so as 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 include:
a)
Loud music;
b)
~Outdoor or backyard gatherings involving excessive noise;
c)
Late or early hour disturbances; and,
d)
Yelling, shouting, singing and loud conversations.
Please be advised that the Municipality of South Dundas Nuisance By~law, as amended, is in effect 24
hours a day, 7 days a week.
The nuisance by~law prohibits;
Sound or Vibration at any time, which is likely to disturb the quiet, peace, rest, enjoyment,
comfort, or convenience of the inhabitants of the Municipality.
6. Noise and Residential Amenity, cont'd.
Renters and their guests are not allowed to disturb neighbors or interfere with their enjoyment of their
properties, or the public realm, at any time of the day or night. Failure to comply with the conditions of the
Municipality's Nuisance By~law may result in legal action.
MUNICIPALITY OF SOUTH DUNDAS
34 Ottawa Street, P.O. Box 740
Morrisburg ON KOC 1%X0
613.543.26731 southdundas.com
SHORT TERM RENTALS
PRE~INSPECTION CHECKLIST
The checklist below will help you prepare for your Short Term Rental licencing
inspection. The checklist outlines some of the basic requirements that need to be met in
order to be licenced under the Municipality of South Dundas By~law No. 2022~33, as
amended.
Please be advised that it is your responsibility to ensure all requirements
under the applicable by~laws are met.
All Short Term Rentals must meet all By~law requirements prior to receiving a license
including but not limited to: Property Standards, Clean Yards, Fences, and Pool By~laws.
Pre~inspection Checklist
ALL ROOMS FOR HIRE:
C_] walls and ceilings are reasonably smooth free from defects and holes that would
reduce their effectiveness in a fire situation.
LCJ] Floor surfaces are reasonably smooth and do not unnecessarily contribute to a
potential accident ex nails sticking up, floorboards loose, ripples in carpets, etc.
C_] Electrical outlets and switches have adequate covers and electrical fixtures, or lamps
are provided.
C] Operable window present for ventilation/light and equipped with a suitable insect
screen.
L_] Access door provides privacy and operates freely without the use of a key to exit.
ELECTRICAL PANEL:
LC_] Breakers are operational and the breaker panel is labelled.
FIRE SAFETY:
C_] All smoke alarms, either battery operated or interconnected, on every floor level and
in every bedroom, if applicable, shall be in working order.
L_] Carbon monoxide detectors shall be in working order.
C_] Electrical cords are in good working condition.
C_] All escape routes are clear of obstructions and easily accessible.
L_] Clothes dryer lint trap and exhaust is clean and lint free.
C_] All extension cords are used safely, not under carpets or across walking areas.
L_] Portable space heaters are a minimum 3 feet away from combustible material.
CL_] The furnace has been inspected and the filter replaced in the past year.
LJ] The fireplace chimney has been inspected and cleaned in the past year.
[_] All portable fire extinguishers with a minimum 2A~10BCrating shall be made
available, visibly mounted on each floor area, shall be inspected, and tagged annually.
L] Any bedroom door with an automatic door closer must ensure that the door properly
closes and latches properly.
C Ail exit signs shall be illuminated while the building is occupied with guests.
C_] Electrical panels shall be labelled and only be serviced by a licensed electrician.
L_] Sprinkler systems shall be inspected annually.
LC Fire alarm systems shall be inspected annually.
C_] Establish rules for smokers. If you permit smoking inside, use large, sturdy ashtrays
that can't be easily tipped over. Ashtrays should be emptied into a metal container, not
the garbage can.
[L_] If you use candles, keep them away from anything that can burn and place them in a
safe, sturdy glass holder.
Place them where they cannot be knocked over and blow
them out when leaving the room.
For clarification, please call the Fire and Emergency Services 613~543~2673
LICENCING REQUIREMENTS:
L_] A copy of the Municipal approved floor plan with all exits marked on it posted in a
conspicuous area (The plan is not to be posted in a binder or folder).
C1 Daily register/guest form is current.
Rate card posted in a conspicuous place (not in a binder or folder) in each room for
hire.
MEANS OF EGRESS/EXITS:
C_] A safe continuous and unobstructed passage is provided from the interior of the
dwelling to the outside at street or grade level is provided.
PARKING AREAS:
LC_] Kept in good repair and free clutter (including the garage if used for parking)
POOL AREAS:
CL_] Gates are self~closing.
L_] Gates have locks.
[_] Pool is fenced in.
STAIRS, PORCHES AND BALCONIES:
L_] All steps, handrails, guards and landings are in reasonably good repair and will not
likely create a hazard (ie. Free of holes, cracks and other defects which may constitute
an accident hazard).
CLC_] Stair treads or risers are in good condition.
[L_] Stairwell is clear of clutter and provides for an unobstructed passage.
[_] Interior stairs with two or more risers have a handrail.
C Exterior stairs with three or more risers have a handrail.
UTILITY AREAS:
[L_] Area around the furnace is free of clutter, waste combustibles, a flammable liquids.
[] Hot water tank is free of rust and other visible defects.
WASHROOMS FOR GUEST USAGE:
L_] Is separate from the owner's washroom.
[_] A water closet, basin and tub or shower is provided and are reasonably clean and in
good condition.
L_] Fixtures are reasonably clean, impervious to water and capable of performing their
intended function.
LC_] Floors, wall and ceilings are reasonably smooth and clean (ie. Free from mold and
mildrew).
~
L_] Operable window is provided for ventilation; or where no window is present an
exhaust fan and electrical fixture has been provided.