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CITY OF ST. CATHARINES
BY-LAW NO. ~Oct:{).. - q:;
A by-law to Regulate Vacant Buildings.
WHEREAS sections 8 and 10 of the Municipal Act, 2001 authorize the City of St.
Catharines to pass By-laws necessary or desirable for municipal purposes, and in
particular paragraphs 5, 6, 8 and 10 of subsection 10(2) authorize By-laws respecting the
economic, social and environmental well-being of the municipality; the health, safety and
well-being of persons, the protection of persons and property; and structures;
WHEREAS this By-law is one of several City of St. Catharines By-laws that ensure
buildings and properties are maintained to certain standards;
WHEREAS section 425 of the Municipal Act, 2001 authorizes the City of St. Catharines
to pass By-laws providing that a person who contravenes a By-law of the City of St.
Catharines passed under that Act is guilty of an offence; and
WHEREAS the Municipal Act, 2001 further authorizes the City of St. Catharines, amongst
other things, to prohibit and regulate with respect to matters that, in the opinion of its
Council, are or could become public nuisances, to delegate its authority, to impose fees
or charges on persons for services or activities provided or done by or on behalf of it, to
provide for inspections and inspection orders, and to make orders to discontinue activity
or to do work.
NOW THEREFORE the COUNCIL OF THE CORPORATION OF THE CITY OF ST.
CATHARINES enacts as follows:
SHORT TITLE
1.
This By-law may be referred to as the "Vacant Building Registry By-law" or the
"St. Catharines Vacant Building Registry By-law".
DEFINITIONS
2.
In this By-law:
"building" means all or part of:
(a) a structure occupying an area greater than 10 m2 consisting of a wall, roof
and floor or any of them or a structural system serving the function thereof
including all plumbing, works, fixtures and service systems appurtenant
thereto; or
(b) a structure occupying an area of 10 m2 or less that contains plumbing,
including the plumbing appurtenant thereto;
"business day" means any day from 8:30 a.m. to 4:30 p.m. on which the City of
St. Catharines's administration buildings are open for business;
"City" means the corporate municipality of the City of St. Catharines or the geographic
area of the City of St. Catharines as the context requires;
"Director" means the City's Director responsible for building maintenance standards and
his or her
designate or successor;
''farm" means an agricultural, aquacultural, horticultural or silvicultural operation.;
"officer" means an individual appointed by the City of St. Catharines or assigned by the
Director to enforce this By-law;
"owner" includes, but is not limited to:
(a)
the registered owner of the property on which a building is situated;
(b)
the owner of a building;
(c)
the person managing or receiving the rent of a building or the property on
which a building is situated; or who would receive the rent if the property
or building were let, whether on the person's own account; or as agent or
trustee or receiver of any other person;
(d)
a vendor of a building under an agreement for sale who has paid any
municipal taxes on the building after the effective date of the agreement;
(e)
the person for the time being receiving instalments of the purchase price if
a building were sold under an agreement for sale;
(f)
a lessee or occupant of the property on which a building is situated who,
under the terms of a lease, is required to repair and maintain the building;
or
(g)
an owner as defined by the Condominium Act, 1998, S.O. 1998, c. 19;
"person" includes, but is not limited to, an individual, sole proprietorship, partnership,
association or corporation;
"property" means the land on which a building is situated and includes the building; and
3.(1)
In this By-law "vacant building", subject to subsections 3(2) and 3(3), means a
building that does not appear to be in use and, without limiting this definition and in the
opinion of the Director, is deemed to be a building:
(a)
that is not protected from the entry of unauthorized persons;
(b)
that is not protected from the entry of rain, snow, vermin or birds into the
interior of the building;
(c)
where the supply of any one or more of the electricity, gas or water utilities
serving the building is discontinued or disconnected;
(d)
where one or more of the electricity, gas or water utilities serving the
building is not being used;
(e)
if the building contains 1, 2 or 3 dwellings, where one or more dwellings are
not fit for an individual or individuals to live in in accordance with the Building
Code Act. 1992. S.O. 1992, c. 23 and its regulations (the "Building Code
Act"), the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4"-and its
regulations (the "Fire Protection and Prevention Act"), the City Property
Standards By-law, or any other applicable statute, regulation or by-law;
(f)
where 25% or more of the door and window openings to the building are
partially or completely boarded up (for example, if there are 8 door and
window openings to a building and 2 or more of the door and window
openings are partially or completely boarded up, no matter what the size of
each door or window opening); or
(g)
where an Application for Rebate of Property Taxes for the entire building
has been submitted to the City's Tax Section.
3.(2) A vacant building does not include a building where the owner satisfies the Director
that:
(a)
a use permitted under the City's Zoning By-law is occurring;
(b)
a permit has been issued by the City for construction or demolition of the
building and construction or demolition work has been actively undertaken
for at least 40 hours during each 90 day period following the issuance of the
permit;
(c)
the building is not a dwelling and is on property used as a farm; or
(d)
the building is occupied by the owner, or a person authorized by the owner,
on a seasonal basis.
3.(3) A vacant building does not include a building that is owned or controlled by the
federal, provincial, regional or City government.
REGISTRATION
4.
Every owner of a vacant building shall register the vacant building with the Director
within 30 days of the date the vacant building commences to be vacant.
5.
Every registration expires:
(a)
on the one-year anniversary date of the date on which it is issued if the
registration is not renewed before its expiry;
(b)
when the registration is revoked under this By-law;
(c)
when the vacant building is sold or otherwise transferred to a new owner;
(d)
when the Director is satisfied, as set out in a written notice from the Director
to the owner of the vacant building, that the building is no longer vacant.
6.
To register or to renew a registration, the owner of a vacant building shall:
(a)
complete and submit to the Director an application containing such
information as the Director may require, and
(b)
submit the registration fee.
7.
Every owner of a vacant building shall notify the Director of any change in
circumstances in connection with information given to the Director under section 6 within
10 business days after the change occurs.
8.
The Director shall refuse an application under section 7 when the application is, in
the opinion of the Director, incomplete or contains false or misleading information.
REGULATIONS
9.
Every owner of a vacant building shall:
(a)
ensure that the vacant building is registered in accordance with this By-law;
(b)
ensure that the property complies with all applicable statutes, regulations
and By-laws, including but not limited to the Building Code Act, the Fire
Protection and Prevention Act, and any City By-law which regulate property
or building maintenance standards;
(c)
post at least one sign on the vacant building, except a vacant building
containing three or less dwelling units, that:
(a)
bears the words "for information or inquiries" and the information of
the owner, including a name and telephone number, in black letters
on a white retro-reflective background as illustrated in the following
figure:
FOR INFORMATION OR INQUIRIES
CONTACT:
NAME:
TELEPHONE NUMBER:
(b) is readable from each adjacent street;
(d)
satisfy the Director that an individual retained by the owner attends at the
property to monitor the building condition a minimum of once every 2 weeks
or more frequently as required in writing by the Director; and
(e)
provide a report from a qualified individual as to the condition of the building
as required in writing by the Director.
ADMINISTRATION AND ENFORCEMENT
10.
The Director is authorized to administer and enforce this By-law including but not
limited to prescribing the format and content of any forms or other documents
required under this By-law.
11.
Registration and other fees under this By-law shall be as approved by Council
from time to time and then included in the City Rates and Fees by-law.
12.
Any cost incurred by the City in exercising its authority to inspect a property or
building, vacant or otherwise, including but not limited to the cost of any examination, test,
sample or photograph necessary for the purposes of the inspection, shall be paid by the
owner of the property where the inspection takes place.
13.
If an officer is satisfied that a contravention of this By-law has occurred, he or she
may make an order requiring the person who committed the contravention, or who
caused or permitted the contravention or the owner of the property on which the
contravention occurred to discontinue the contravening activity.
14.
An order under Section 13 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of the property on which the contravention
occurred; and
(b)
the date or dates by which there must be compliance with the order.
15.
If an officer is satisfied that a contravention of this By-law has occurred, he or she
may make an order requiring the person who committed the contravention or who
caused or permitted the contravention or the owner of the property on which the
contravention occurred to do work to correct the contravention.
16.
An order under section 15 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of the property on which the contravention
occurred;
(b)
the work to be completed; and
(c)
the date or dates by which the work must be completed.
17.
An order to discontinue contravening activity made under Section 13 or an order
to do work made under Section 15 may be served personally or by registered mail to the
last known address of:
(a)
the owner of the property where the contravention occurred; and
(b)
such other persons affected by it as the officer making the order determines.
Service by registered mail shall be deemed to have taken place 5 business days
after the date of mailing.
18.
In addition to service given in accordance with section 17, an order to discontinue
contravening activity made under section 113 or an order to do work made under
section 15 may be served by an officer placing a placard containing the order in a
conspicuous place on the property where the contravention occurred.
19.
Where service cannot be given in accordance with section 17, sufficient service is
deemed to have taken place when given in accordance with section 18.
20.
Where a person does not comply with a direction, an order or a requirement under
this By-law to do a matter or thing, the Director, with such assistance by others as
may be required, may carry out such direction, order or requirement at the
person's expense.
21.
The City may recover the costs of doing a matter or thing under section 20 by
action or by adding the costs to the tax roll and collecting them in the same
manner as property taxes and such costs shall include an interest rate of 15 per
cent per year commencing on the day the City incurs the costs and ending on the
day the costs, including the interest, are paid in full.
22.
The Director is authorized to give immediate effect to any direction, order or
requirement where the costs of carrying out the direction, order or requirement do
not exceed $10,000, and where the costs do exceed $10,000, as the City's
Council may authorize.
23.
Every Person who contravenes any provision of this by-law is, upon conviction,
guilty of an offence and is liable to a fine, and such other penalties, as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P.33 and the Municipal Act, 2001, S.O. 2001, c.
25.
24.
An Officer who finds that a person has contravened any provision of this By-law
may issue a penalty notice pursuant to the City's Non-Parking AMPS By-law.
25.
Continuing offence. A contravention of the requirements set out in this By-law is
deemed to be a continuing offence on each day or part of a day that the contravention
continues.
26.
A director or officer of a corporation who knowingly concurs in the contravention of
this by-law by the corporation is guilty of an offence and, upon conviction, is subject to
the fines as set out in this by-law.
27.
Where a person has been convicted of an offence, 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 imposed by this By-law,
make an order prohibiting the continuation or repetition of the offence by the
person convicted.
GENERAL PROVISIONS
28.
All measurements in this By-law are given in the metric short form.
29.
If a court of competent jurisdiction declares any provision or provisions of this
By-law invalid, it is the intention of Council that the remainder of the By-law shall
continue to be in force.
30.
In this By-law, unless the contrary intention is indicated, words used in singular
shall include the plural and words used in the male gender shall include the female gender
and vice versa.
31.
The word "and" is an inclusive conjunction, the use of which indicates that all items
or phrases in that subsection, article, or list in which it appears are permitted or required
as the case may be. The word "or" is an alternate conjunction, the use of which indicates
that alternate or optional items or phrases in the subsection, article or list in which it
appears are permitted or required, as the case may be; however, notwithstanding the
foregoing, where the context permits, the word "or" may also be an inclusive conjunction
having the same meaning as the word "and".
32.
This by-law shall not be construed to reduce or mitigate any restrictions or
regulations lawfully imposed by the City or by any governmental authority having
jurisdiction to make such restrictions or regulations. If there is a conflict between a
provision of this by-law and a provision of any other City by-law, the provision that
establishes the higher standard shall apply.
33.
Any reference to any legislation including, statutes, regulations, and by-laws, in
this By-law includes the legislation referred to and its amendments as well as any
subsequent legislation which may replace the legislation referred to, and its amendments
thereto.
ENACTMENT
34.
This By-law comes into force on the date of its passing.
Read and passed this
day of
2022.
CLERK