Chapter 0748 - Vacant Building Registry

Woodstock, Ontario · adopted 2023-07-13

This is the exact embedded text of the captured official document. Snapshot ba2b2d59d139 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Property Maintenance Chapter 0748 - Vacant Building Registry Article 1 - Short Title 748.1.1 Citation Article 2 - Interpretation 748.2.1 Building Code - defined 748.2.2 Fire Protection and Prevention - defined 748.2.3 Building Code - defined 748.2.4 Building Code Act, 1992- defined 748.2.5 Building Damaged by Fire - defined 748.2.6 Building - defined 748.2.7 Building Department - defined 748.2.8 Chief Building Official - defined 748.2.9 City - defined 748.2.10 City of Woodstock - defined 748.2.11 Council - defined 748.2.12 Officer - defined 748.2.13 Owner - defined 748.2.14 Person - defined 748.2.15 Property - defined 748.2.16 Registration Fee - defined 748.2.17 Renewal Fee - defined 748.2.18 Vacant Building - defined Article 3 - Registration of Vacant Building 748.3.1 Registration 748.3.2 Registration expires 748.3.3 Register or renew 748.3.4 Information changes 748.3.5 Refusal of application 748.3.6 More than one Vacant Building Article 4 - Duties of Owner 748.4.1 Vacant Building 748.4.2 Designated or registered under the Ontario Heritage Act 748.4.3 Vacant for more than ninety (90) consecutive days 748.4.4 Damaged by Fire Page 1 of 13 Chapter 748 July 13, 2023 Article 5 - Administration and enforcement 748.5.1 Authorized to administer 748.5.2 Enter on property 748.5.3 Inspection 748.5.4 Obstruction 748.5.5 Cost incurred 748.5.6 Order issued 748.5.7 Unsecured Vacant Building Article 6 - Order 748.6. 1 Contravention 748.6. 2 Order under section 6.1 748.6. 3 Order under Section 6.3 748.6. 4 Correct the Contravention 748.6. 5 Order to comply 748.6. 6 Cost recovery Article 7 - Service 748.7.1 Discontinue contravening 748.7.2 Addition to service 748.7.3 Service not given in accordance Article 8 - Penalty 748.8.1 Conviction of an offence 748.8.2 Person convicted is a corporation 748.8.3 Prohibiting the continuation Article 9 - Fees 748.9.1 Registration fee 748.9.2 Yearly registration fee 748.9.3 More than one building Article 10 - General Provisions 748.10.1 General Provisions Article 11 - Enactment 748.11.1 Enactment Page 2 of 13 Chapter 748 July 13, 2023 Article 1 - Short Title 748.1.1 Citation This Chapter may be cited and known as the "Vacant Building Chapter" Article 2 - Interpretation 748.2.1 Building Code Act Definitions in the Building Code Act, 1992, S. 0. 1992, c. 23, as a mended and the Building Code shall be used with respect to matters pertaining to buildings unless otherwise defined in this By-law. 748.2.2 Fire Protection and Prevention Act Definitions in the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and the Fire Code shall be used with respect to matters pertaining to fire prevention and fire safety unless otherwise defined in this By-law. 748.2.3 Building Code "Building Code" shall mean Ontario Regulation 332/12, as amended, and any successor regulation; 748.2.4 Building Code Act, 1992- defined "Building Code Act, 1992" shall mean Building Code Act, 1992, S.O. 1992, c. 23, as amended; 748.2.5 Building Damaged by Fire - defined "Building Damaged by Fire" shall include a building partially or completely damaged by fire to the extent that it requires repairs to permit use or occupancy, or requires demolition because it is unsafe; 748.2.6 Building - defined "Building" means all or part of: a. structure occupying an area greater than ten (10) square metres 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. structure occupying an area of ten (10) square metres or less that contains plumbing, including the plumbing appurtenant thereto; Page 3 of 13 Chapter 748 July 13, 2023 748.2.7 Building Department - defined "Building Department" means the Building Department of the City; 748.2.8 Chief Building Official - defined "Chief Building Official" means the Chief Building Official or Deputy Chief Building Official appointed by a by-law by the City. 748.2.9 City - defined "City" means The Corporation of the City of Woodstock and, where context allows, shall include its agents and employees; 748.2.10 City of Woodstock - defined "City of Woodstock" means the geographic region known as the City of Woodstock, within the Province of Ontario; 748.2.11 Council - defined "Council" shall mean the Council for The Corporation of the City of Woodstock; 748.2.12 Officer - defined "Officer" means a Municipal By-law Enforcement Officer/Property Standards Officer of the City; 748.2.13 Owner - defined "Owner" includes, but is not limited to: (i) the registered owner of the Property on which the Building is situated; (ii) the owner of a Building; (iii) the Person managing or receiving the rent for 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; (iv) 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; (v) the Person receiving installments of the purchase price if a Building were sold under an agreement for sale; Page 4 of 13 Chapter 748 July 13, 2023 (vi) 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; and (vii) an owner as defined by the Condominium Act, 1998; 748.2.14 Person - defined "Person" includes a corporation and its directors and officers, and the heirs, executors, assignees and administrators; 748.2.15 Property - defined "Property" means the land on which a Building is situated and includes the Building; 748.2.16 Registration Fee - defined "Registration Fee" shall have the meaning given to it in section 9.1 of this By­ law; 748.2.17 Renewal Fee - defined "Renewal Fee" shall have the meaning given to it in section 9.2 of this By­ law; and 748.2.18 Vacant Building - defined "Vacant Building" means any Building that is or appears to be vacant, partially vacant, or unoccupied, or that, by reason of its unfinished or dilapidated condition, is open to the elements and in a state such that there is little to no control over unauthorized entry, but does not include: a. dwelling unit occupied by the Owner on a seasonal basis but otherwise maintained throughout the year; b. Building, except a dwelling unit, on Property used as a farm; or c. Building that is owned by the City. Article 3 - Registration of Vacant Building 748.3.1 Registration Every Owner of a Vacant Building that has been vacant for at least sixty (60) consecutive days shall register the Vacant Building in accordance with this By-law. Page 5 of 13 Chapter 748 July 13, 2023 748.3.2 Registration expires A registration expires: i. on the one (1) year anniversary date of the date on which it is issued, if the registration is not renewed before its expiry; ii. when the registration is revoked under this By-law; iii. when the Vacant Building is sold or otherwise transferred to a new Owner; or iv. when the Officer is satisfied, as set out in a written notice to the Owner of the Vacant Building, that the Building is no longer vacant. 748.3.3 Register or renew To register a Vacant Building or to renew a registration, the Owner of a Vacant Building shall: i. complete and submit to the Building Department a completed and signed application form, which form shall be developed and maintained by the City, for each Vacant Building proposed to be registered. The Chief Building Official may require additional information where he/she deems necessary; and ii. submit the Registration Fee or the Renewal Fee, as the case may be. 748.3.4 Information changes Every applicant and every Owner, as the case may be, shall ensure the information provided on the application form, or required by the Building Department, is complete and accurate. It is the responsibility of the Owner to immediately notify the Chief Building Official in writing when any such information changes, or when there is a signed agreement for the sale of the Property or Vacant Building. 748.3.5 Refusal of application The Building Department shall refuse an application for registration if, in his or her opinion, the application is incomplete or contains false or misleading information. Page 6 of 13 Chapter 748 July 13, 2023 748.3.6 More than one Vacant Building Where a Property contains more than one Vacant Building, the Owner shall submit a separate application for each Vacant Building. Article 4 - Duties of Owner 748.4.1 Vacant Building Every Owner of a Vacant Building shall: i. ensure that the Vacant Building is registered in accordance with this By­ law; ii. ensure that the Property complies with all applicable statutes, regulations and by- laws, including, but not limited to, the Building Code Act, 1992, the Fire Protection and Prevention Act, 1997 and the Property Standards By-law; iii. ensure that the Vacant Building is secured against unauthorized entry; iv. maintain liability insurance on the Vacant Building; v. provide inspection/monitoring of the Vacant Building no less than on a monthly basis by a person or company familiar and qualified with matters pertaining to this By-law; vi. protect the Vacant Building against the risk of fire, accident or other danger; vii. provide to the City a floor plan of the Vacant Building; viii. provide to the City an inventory of all combustible materials and flammable liquids stored on site, and; ix. where a Vacant Building or Building Damaged By Fire is boarded or required to be boarded: a) boarding materials shall be installed and maintained in good order; b) boarding materials shall be installed to exclude precipitation and wind from entering the Building, and to secure the Building from unauthorized entry, and shall be installed within the reveal of the opening frame of cladding, where feasible; Page 7 of 13 Chapter 748 July 13, 2023 c) unless inherently resistant to deterioration, boarding materials shall be treated with a protective coating of paint or equivalent weather resistant material; and d) boarding materials shall be selected, coated, coloured, and installed to match surrounding door/window frames and exterior wall finishes. 748.4.2 Ontario Heritage designated or registered Where a Vacant Building has been designated or registered under the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended, it shall be the responsibility of the Owner to notify the City of said designation or registration and provide the City with all relevant information pertaining to the designation or registration of the Vacant Building, to ensure compliance with all other laws or by-laws pertaining to the Building. 748.4.3 Ninety (90) consecutive days vacancy Where a Vacant Building remains vacant for more than ninety (90) consecutive days, the Owner shall ensure that all utilities servicing the Vacant Building are properly disconnected, shut off, capped, or terminated, as the case may be, unless said utilities are necessary for the safety or security of the Vacant Building or required by law to remain connected. 748.4.4 Damaged by Fire Every Owner of a Building Damaged by Fire shall immediately notify the Fire Chief for the City, or a representative of the Fire Department for the City, and shall ensure that the Building Damaged By Fire is secured against unauthorized entry within twenty-four (24) hours of regaining access to the Property by the authority having jurisdiction over the site. Article 5 - Administration and Enforcement 748.5.1 Authorized to administer. The Building Department 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 pursuant to this By-law 748.5.2 Enter on property One or more Officers may enter a Property at any reasonable time for the Purpose of carrying out an inspection to determine whether or not the following are being complied with: (i) this By-law; Page 8 of 13 Chapter 748 July 13, 2023 (ii) a direction or order made under this By-law. 748.5.1 Inspection For the purposes of an inspection under Section 748.5.2, an Officer may: Require the production of documents or things relevant to the inspection; a. Remove documents or things relevant to the inspection for the purpose of making copies or extracts, which shall be returned within forty-eight (48) hours after removal; b. require information in writing, or otherwise as required by the Officer, from any Person concerning a matter related to the inspection; or c. alone, or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 748.5.2 Obstruction No person shall obstruct the Officer from inspecting the Property or Building or both, or withhold, destroy, conceal or refuse to furnish any information or thing required by the Officer inspecting for the purpose of the inspection. 748.5.3 Cost incurred. Any cost incurred by the City in exercising its authority to inspect pursuant to this By- law, 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 Building where the inspection takes place. 748.5.4 Order issued An Officer may undertake an inspection pursuant to an order issued by a provincial judge or justice of the peace under Section 438 of the Municipal Act, 2001, where he or she has been prevented or is likely to be prevented from carrying out an inspection under Sections 748.5.2 and 748.5.3 of this By-law. 748.5.5 Unsecured Vacant Building Where, in the reasonable opinion of the Officer, allowing a Vacant Building to remain unsecured for even a short period of time presents an unacceptable safety risk, the City may cause said Vacant Building to be Page 9 of 13 Chapter 748 July 13, 2023 secured against unauthorized entry and no prior notice or order to the Owner shall be required. Notice of the action taken in these circumstances shall be posted at the Property or sent by regular mail to the Owner of the Property or Building or both, as the case may be, in a reasonable time thereafter. 748.6. 1 Contravention 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 contravened the By-law, or who caused or permitted the contravention, or the Owner of the Property on which the contravention occurred, to discontinue the contravening activity. 748.6. 2 Order under section 748.6.1 a) Reasonable particulars of the contravention sufficient 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. 748.6. 3 Correct the Contravention 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 contravened the By-law, 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. 748.6. 4 Order to comply 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. 748.6. 5 Cost recovery a) 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 Officer, with such assistance by others as may be required, may carry out such direction, order, or requirement at the Person's expense, Page 10 of 13 Chapter 748 July 13, 2023 b) The City may recover the costs of doing a matter or thing under Section 748.6.5 by action and collecting them in like manner as property taxes and such costs shall include an interest rate of 15 percent (15%) per year commencing on the day the City incurs the costs and ending on the day the costs, including all applicable interest, are paid in full. Article 7 - Service 748.7.1 Discontinue contravening An order to discontinue contravening activity made under Section 748.6.1, or an order to do work made under Section 748.6.3, may be served personally or by registered mail to the last known address of: i. the Owner of the Property where the contravention occurred; and, ii. such other Persons affected by it as the Officer making the order determines. Service by registered mail shall be deemed to have taken place five (5) business days after the date of mailing. 748.7.2 Addition to service In addition to service given in accordance with Section 748.7.1, an order to discontinue contravening activity made under Section 748.6.1, or an order to do work made under Section 748.6.3, may be served by an Officer placing a placard containing the order in a conspicuous place on the Property where the contravention occurred. 748.7.3 Service not given in accordance Where service cannot be given in accordance with Section 748.7.1, sufficient service shall be deemed to have taken place when given in accordance with Section 748.7.2. Article 8 - Conviction 748.8.1 Conviction of an offence Every Person who contravenes any provision of this By-law is, upon conviction, guilty of an offence and is liable: i. on a first conviction, to a fine of not more than ten thousand dollars ($10,000); and, Page 11 of 13 Chapter 748 July 13, 2023 ii. on any subsequent conviction, to a fine of not more than twenty five thousand dollars ($25,000). 748.8.2 Person convicted is a corporation Despite Section 748.8.1, where the Person convicted is a corporation: i. the maximum fine in Subsection 8.1(i) shall be fifty thousand dollars ($50,000); and, ii. the maximum fine in Subsection 8.1(ii) shall be one hundred thousand dollars ($100,000). 748.8.3 Prohibiting 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. Article 9 - fees 748.9.4 Registration fee A one-time Registration Fee of two hundred and fifty dollars ($250) shall be submitted to the City along with every application for registration of a Vacant Building. 748.9.5 Yearly renewal Each year following the year of registration of the Vacant Building, a Renewal Fee of five hundred dollars ($500) shall be paid to the City along with every application for renewal. 748.9.6 Multiple buildings If there is more than one (1) Vacant Building on the same Property, the Owner shall submit the Registration Fee and Renewal Fee, as the case may be, for each Vacant Building. Article 10 - General Provisions 748.10.1 General Provisions a) Any section of this By-law, or any part thereof, that is found by a court of competent jurisdiction to be invalid shall be severable, and the remainder of the By-law shall continue to be valid. Page 12 of 13 Chapter 748 July 13, 2023 b) In this By-law, unless the context otherwise requires, words imparting the singular number shall include the plural, and words imparting the masculine gender shall include the feminine and further, the converse of the foregoing also applies where the context so requires. Article 11 - Enactment 748.11.1 Effective Date This By-law comes into force on the date of its passing. Page 13 of 13 Chapter 748 July 13, 2023