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THE CORPORATION OF THE CITY OF WOODSTOCK
BY-LAW NUMBER 961 1-23
Being A By-Iaw to Regulate
Vacant Buildings within the
City of Woodstock.
WHEREAS sections 8, 9 and 10 ofthe Municipal Act, 2001, 8.0. 2001, c. 25 as amended
(the "Municipal Act, 2001") provides municipalities with broad powers, including the ability
to pass by-laws that the municipality deems necessary or desirable for municipal
purposes, and
,
in particular, paragraphs 5, 6, 8, and 10 of subsection 10(2) of the
Municipal Act, 2001, authorize municipalities to pass by-laws respecting the economic,
social, and environmental well-being og the municipality; the health, safety, and well-
being of persons; the protection of persons and property; and structures.
AND WHEREAS section 128 of the MunicipalAct, 2001 provides that a local municipality
may prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become or cause public nuisances;
AND WHEREAS section 425 of the Municipal Act, 2001 authorizes municipalities to pass
by- laws providing that a person who contravenes a by-law passed by the municipality
under the Municipal Act, 2001 is guilty of an offence;
AND WHERAS the Municipal Act, 2001 further permits municipalities to establish a
system of fines for offences under a by--law of the municipality passed under that Act;
AND WHEREAS the Council of The Corporation ofthe City of Woodstock is ofthe opinion
that vacant buildings that are not secured against unauthorized entry constitute public
nuisances by attracting vandals and creating various fire and safety hazards;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
CITY OF WOODSTOCK ENACTS AS FOLLOWS:
PART 1
-- SHORT TITLE
1.1
This By-law may be referred to as the Vacant Buildings Registry By-law.
THE CORPORATION OF THE CITY OF WOODSTOCK
BY-LAW NUMBER 9611-23
Being A By-law to Regulate
Vacant Buildings within the
City of Woodstock.
WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended
(the "Municipal Act, 2001 ") provides municipalities with broad powers, including the ability
to pass by-laws that the municipality deems necessary or desirable for municipal
purposes, and , in particular, paragraphs 5, 6, 8, and 10 of subsection 10(2) of the
Municipal Act, 2001, authorize municipalities to pass by-laws respecting the economic,
social, and environmental well-being og the municipality; the health, safety, and well
being of persons; the protection of persons and property; and structures.
AND WHEREAS section 128 of the Municipal Act, 2001 provides that a local municipality
may prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become or cause public nuisances;
AND WHEREAS section 425 of the Municipal Act, 2001 authorizes municipalities to pass
by- laws providing that a person who contravenes a by-law passed by the municipality
under the Municipal Act, 2001 is guilty of an offence;
AND WHERAS the Municipal Act, 2001 further permits municipalities to establish a
system of fines for offences under a by-law of the municipality passed under that Act;
AND WHEREAS the Council of The Corporation of the City of Woodstock is of the opinion
that vacant buildings that are not secured against unauthorized entry constitute public
nuisances by attracting vandals and creating various fire and safety hazards;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
CITY OF WOODSTOCK ENACTS AS FOLLOWS:
PART 1 - SHORT TITLE
1.1 This By-law may be referred to as the Vacant Buildings Registry By-law.
PART 2 - INTERPRETATION
For the purposes of this By-Iaw:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
Definitions in the Building Code Act, 1992, S. O. 1992, c. 23, as amended and the
Building Code shall be used with respect to matters pertaining to buildings unless
othen/vise defined in this By-law.
Definitions in the Fire Protection and Prevention Act, 1997, 8.0. 1997, c. 4, as
amended, and the Fire Code shall be used with respect to matters pertaining to
re
prevention and fire safety unless othenNise defined in this By-Iaw.
"Building Code" shall mean Ontario Regulation 332/12, as amended, and any
successor regulation;
"Building Code Act, 1992" shall mean Building Code Act, 1992, S.O. 1992, c. 23,
as amended;
"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.
"Building" means all or part of:
(i)
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
(ii)
A structure occupying an area of ten (10) square metres or less that
contains plumbing, including the plumbing appurtenant thereto;
"Building Department" means the Building Department ofthe City;
"Chief Building Official" means the Chief Building Official or Deputy Chief Building
Official appointed by a by-law by the City.
"City" means The Corporation of the City of Woodstock and, where context allows,
shall include its agents and employees;
"City of Woodstock" means the geographic region known as the City of Woodstock,
within the Province of Ontario;
PART 2 - INTERPRETATION
For the purposes of this By-law:
2.1
Definitions in the Building Code Act, 1992, S. 0. 1992, c. 23, as amended and the
Building Code shall be used with respect to matters pertaining to buildings unless
otherwise defined in this By-law.
2.2
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.
2.3
"Building Code" shall mean Ontario Regulation 332/12, as amended, and any
successor regulation;
2.4
"Building Code Act, 1992" shall mean Building Code Act, 1992, S.O. 1992, c. 23,
as amended;
2.5
"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.
2.6
"Building" means all or part of:
(i)
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
(ii)
A structure occupying an area of ten (10) square metres or less that
contains plumbing, including the plumbing appurtenant thereto;
2.7
"Building Department" means the Building Department of the City;
2.8
"Chief Building Official" means the Chief Building Official or Deputy Chief Building
Official appointed by a by-law by the City.
2.9
"City" means The Corporation of the City of Woodstock and, where context allows,
shall include its agents and employees;
2.10
"City of Woodstock" means the geographic region known as the City of Woodstock,
within the Province of Ontario;
2.11
2.12
2.13
2.14
2.15
2.16
"Council" shall mean the Council for The Corporation ofthe City of Woodstock;
"Officer" means a Municipal By-Iaw Enforcement Officer/Property Standards
Officer of the City;
"Owner" includes, but is not limited to:
(i)
(ii)
(iii)
(IV)
(V)
(Vi)
(vii)
The registered owner ofthe Property on which the Building is situated;
The owner of a Building;
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 ifthe Property or
Building were let, whether on the Person's own account or as agent or
trustee or receiver of any other Person;
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;
The Person receiving instalments of the purchase price if a Building were
sold under an agreement for sale;
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
An owner as defined by the Condominium Act, 1998;
"Person" includes a corporation and its directors and officers, and the heirs,
executors, assignees and administrators;
"Property" means the land on which a Building is situated and includes the
Building;
"Registration Fee" shall have the meaning given to it in section 9.1 of this By--law;
2.17 "Renewal Fee" shall have the meaning given to it in section 9.2 ofthis By-Iaw; and
2.11
"Council" shall mean the Council for The Corporation of the City of Woodstock;
2.12 "Officer" means a Municipal By-law Enforcement Officer/Property Standards
Officer of the City;
2.13 "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;
(1v)
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 instalments of the purchase price if a Building were
sold under an agreement for sale;
(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;
2.14 "Person" includes a corporation and its directors and officers, and the heirs,
executors, assignees and administrators;
2.15 "Property" means the land on which a Building is situated and includes the
Building;
2.16 "Registration Fee" shall have the meaning given to it in section 9.1 of this By-law;
2.17 "Renewal Fee" shall have the meaning given to it in section 9.2 of this By-law; and
2.18
"Vacant Buildlng" 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:
(i)
A dwelling unit occupied by the Owner on a seasonal basis but othenNise
maintained throughout the year;
(ii)
A Building, except a dwelling unit, on Property used as a farm; or
(iii)
A Building that is owned by the City.
PART 3 - REGISTRATION OF VACANT BUILDING
3.1
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.
3.2
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.
3.3
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.
2.18
"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:
(i)
A dwelling unit occupied by the Owner on a seasonal basis but otherwise
maintained throughout the year;
(ii)
A Building, except a dwelling unit, on Property used as a farm; or
(iii)
A Building that is owned by the City.
PART 3 - REGISTRATION OF VACANT BUILDING
3.1
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.
3.2 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.
3.3 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.
3.4
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. lt is the responsibility ofthe 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.
3.5
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.
3.6
Where a Property contains more than one Vacant Building, the Owner shall submit
a separate application for each Vacant Building.
PART 4-DUTIES OF OWNER
4.1
Every Owner of a Vacant Building shall:
(i)
(ii)
(iii)
(iV)
(V)
(Vi)
(vii)
(viii)
Ensure that the Vacant Building is registered in accordance with this By-
law;
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;
Ensure that the Vacant Building is secured against unauthorized entry;
Maintain liability insurance on the Vacant Building;
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;
Protect the Vacant Building against the risk of fire, accident or other danger;
Provide to the City a floor plan ofthe Vacant Building;
Provide to the City an inventory of all combustible materials and flammable
liquids stored on site, and;
3.4
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.
3.5 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.
3.6 Where a Property contains more than one Vacant Building, the Owner shall submit
a separate application for each Vacant Building.
PART 4-DUTIES OF OWNER
4.1
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;
4.2
4.3
4.4
(ix)
Where a Vacant Building or Building Damaged By Fire is boarded or
requnred 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;
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.
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.
Where a Vacant Building remains vacant for more than ninety (90) consecutive
days, the Owner shall ensure that all utilities servrcing 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.
Every Owner of a Building Damaged by Fire shall immediately notify the Fire Chief
for the City, or a representative ofthe 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.
(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;
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.
4.2 Where a Vacant Building has been designated or registered under the Ontario
Heritage Act, R. S. 0. 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.
4.3 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.
4.4 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.
PART 5 -ADM|N|STRATION AND ENFORCEMENT
5.1
5.2
5.3
5.4
5.5
The Building Department is authorized to administer and enforce this By-Iaw
including, but not limited, to prescribing the format and content of any forms or other
documents required pursuant to this By--law.
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;
(ii)
A direction or order made under this By-law.
For the purposes of an inspection under Section 5.2, an Officer may:
(i)
Require the production of documents or things relevant to the inspection;
(ii)
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;
(iii)
Require information in writing, or otherwise as required by the Officer, from
any Person concerning a matter related to the inspection; or
(iv)
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.
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.
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
ofthe Building where the inspection takes place.
PART 5 -ADMINISTRATION AND ENFORCEMENT
5.1
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.
5.2 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;
(ii)
A direction or order made under this By-law.
5.3
For the purposes of an inspection under Section 5.2, an Officer may:
(i)
Require the production of documents or things relevant to the inspection;
(ii)
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;
(iii)
Require information in writing, or otherwise as required by the Officer, from
any Person concerning a matter related to the inspection; or
(iv)
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.
5.4
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.
5.5 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.
5.6
5.7
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 Municipa/Act, 2001, where
he or she has been prevented or is likely to be prevented from carrying out an
inspection under Sections 5.2 and 5.3 ofthis By--Iaw.
Where, in the reasonable opinion ofthe 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 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 ofthe Property or Building or both, as the case may be, in a reasonable time
thereafter.
PART 6-ORDER
6.1
6.2
6.3
6.4
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.
An order under Section 6.1 shall set out:
(i)
Reasonable
particulars
of the contravention
sufficient
to
identify the
contravention and the location of the Property on which the contravention
occurred; and,
(ii)
The date or dates by which there must be compliance with the order.
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.
An order under Section 6.3 shall set out:
(i)
Reasonable particulars
of the contravention adequate
to
identify the
contravention and the location of the Property on which the contravention
occurred;
(ii)
The work to be completed; and,
5.6
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 5.2 and 5.3 of this By-law.
5.7 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 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.
PART 6-0RDER
6.1
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.
6.2 An order under Section 6.1 shall set out:
(i)
Reasonable particulars of the contravention sufficient to identify the
contravention and the location of the Property on which the contravention
occurred; and,
(ii)
The date or dates by which there must be compliance with the order.
6.3 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.
6.4 An order under Section 6.3 shall set out:
(i)
Reasonable particulars of the contravention adequate to identify the
contravention and the location of the Property on which the contravention
occurred;
(ii)
The work to be completed; and,
6.5
6.6
(iiI)
The date or dates by which the work must be completed.
Where a Person does not comply with a direction, an order, or a requirement under
this By--Iaw 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,
The City may recover the costs of domg a matter or thing under Section 6.5 by action
and collecting them in like manner as property taxes and such costs shall include
an interest rate of 15 percent (1 5%) 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.
PART 7 - SERVICE
7.1
7.2
7.3
An order to discontinue contravening activity made under Section 6.1, or an order
to do work made under Section 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.
(iii)
Service by registered mail shall be deemed to have taken place five (5)
business days after the date of mailing.
In addition to service given in accordance with Section 7.1, an order to discontinue
contravening activity made under Section 6.1, or an order to do work made under
Section 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.
Where service cannot be given in accordance with Section 7.1, sufficient service
shall be deemed to have taken place when given in accordance with Section 7.2.
(iii)
The date or dates by which the work must be completed.
6.5 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,
6.6 The City may recover the costs of doing a matter or thing under Section 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.
PART 7 - SERVICE
7.1 An order to discontinue contravening activity made under Section 6.1, or an order
to do work made under Section 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.
(iii)
Service by registered mail shall be deemed to have taken place five (5)
business days after the date of mailing.
7.2
In addition to service given in accordance with Section 7.1, an order to discontinue
contravening activity made under Section 6.1, or an order to do work made under
Section 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.
7.3 Where service cannot be given in accordance with Section 7.1, sufficient service
shall be deemed to have taken place when given in accordance with Section 7.2.
PART 8 -PENALTY
81
8.2
8.3
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,
(ii)
On any subsequent conviction, to a fine of not more than twenty five
thousand dollars ($25,000).
Despite Section 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).
Where a Person has been convicted of an offence, the court in which the conviction
has been entered, and any court of competentjurisdiction 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.
PART 9 - FEES
9.1
9.2
9.3
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.
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.
Ifthere 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.
PART 8 -PENALTY
8 1
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,
(ii)
On any subsequent conviction, to a fine of not more than twenty five
thousand dollars ($25,000).
8.2 Despite Section 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).
8.3 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.
PART 9 - FEES
9.1 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.
9.2 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.
9.3
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.
PART IO-GENERAL PROVISIONS
10.1 Any section of this By--Iaw, 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.
10.2
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.
PART1 1-ENACTMENT
11.1 This By-law comes into force on the date of its passing.
READ a first and second time this 13th day of July, 2023
READ a third and finally passed this 13th day of July, 2023
City Clerk/- Amelia Humphries
City Clerk/- Amelia Humphries
PART IO-GENERAL PROVISIONS
10.1 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.
10.2 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.
PART11-ENACTMENT
11.1 This By-law comes into force on the date of its passing.
READ a first and second time this 13th day of July, 2023
READ a third and finally passed this 13th day of July, 2023
Mayor - Jerry Acchione
City Clerk -Amelia Humphries