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2. BOARDING UP BY-LAW UPDATE MISE À JOUR DU RÈGLEMENT MUNICIPAL SUR LA
CONDAMNATION D’IMMEUBLES |
Committee Recommendation
That
Council approve the proposed by-law attached as Document 1, effective upon
enactment, which extends City-wide the requirement that owners of vacant
buildings board up such buildings to ensure the health and safety of the
public.
Recommandation DU Comité
Que le Conseil approuve le règlement municipal
proposé, se trouvant en annexe au document 1 et entrant en vigueur dès son adoption,
qui élargit à toute la ville l’obligation pour les propriétaires de condamner
leurs immeubles inoccupés, et ce, afin d’assurer la santé et la sécurité du
public.
Documentation
1. Deputy City Manager's report, City
Operations dated 3 June 2010 (ACS2010-COS-EPS-0026).
Community and Protective Services Committee
Comité des services
communautaires et de protection
and Council / et au
Conseil
Submitted by/Soumis par : Steve Kanellakos,
Deputy City Manager/
Directeur municipal
adjoint, City Operations/Opérations municipales
Contact Person/Personne ressource :
Linda Anderson, Chief / Chef
By-law and Regulatory Services /
Services des règlements municipaux
(613) 580-2424 x29257,
Linda.Anderson@ottawa.ca
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Ref N°: ACS2010-COS-EPS-0027 |
SUBJECT:
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OBJET :
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MISE à jour du RÈGLEMENT MUNICIPAL SUR LA
condamnation d’immeubles |
Que le Comité des
services communautaires et de protection recommande au Conseil d’approuver le
règlement municipal proposé, se trouvant en annexe au document 1 et entrant en
vigueur dès son adoption, qui élargit à toute la ville l’obligation pour les
propriétaires de condamner leurs immeubles inoccupés, et ce, afin d’assurer la
santé et la sécurité du public.
Under the Municipal Act, 2001, Ontario municipalities are granted the authority to enact by-laws for the health, safety and well-being of persons, as well as for the protection of persons and property.
Currently, a stand-alone by-law requiring that the owner of a vacant building board up said building is in place in former Ottawa. That by-law includes the following requirements:
The owner of a building shall board up the building to the satisfaction of the Chief Property Standards Officer by covering all openings through which entry can be obtained with appropriately finished, securely fastened plywood, particle board or other similar suitable material that will withstand the weather and prevent entry of persons, and remove any parts of the building which because of their condition, cannot be satisfactorily boarded up.
“Building” means a building which is entirely or partially vacant and which is open to the public.
Enforcement staff immediately investigates requests for service with respect to vacant buildings in former Ottawa by confirming that the building is indeed vacant or partially vacant and, if that is indeed the case, then a Notice of Violation is issued to the registered property owner, with a request to remedy the situation within the timeframe specified in the Notice. The timeframe specified on the Notice is dependent on the severity of the condition of the condition of the building and the likelihood of entry. Generally, the specified time period is brief to ensure public health and safety. If there is a failure to comply with the Notice, By-law & Regulatory Services has the authority to cause the building to be boarded up and invoice the registered property owner on the tax roll, much like the manner in which other property standards-type violations are handled in the event of non-compliance with a notice.
In areas of the city outside of former Ottawa where such a by-law does not exist, Service Requests related to vacant buildings have to date been addressed under the Property Standards By-law which has similar requirements with respect to vacant or unsafe buildings.
Although the Property Standards By-law provides for boarding up of vacant or unsafe buildings in a similar manner as the existing by-law applying only to former Ottawa, because it has been enacted under different authority, the Building Code Act, 1992, a minimum of fourteen days must be provided for compliance and an appeal mechanism is in place, as required by the enabling legislation. These factors make enforcement action problematic and cumbersome particularly in light of the pressing nature of the matter to be addressed. The Property Standards By-law also provides for emergency orders but, those must be confirmed before a Justice of the Peace after the remedial work has already been done by the City and there is always a risk that a particular order will not be confirmed, resulting in the costs being borne by the City, and hence the taxpayer, as opposed to the landlord. The decision of a Justice of the Peace in these cases cannot be appealed.
In light of the foregoing and with possibility of vacant buildings increasing in areas outside of former Ottawa as the city grows and ages, staff recommends that it would be reasonable and prudent to enact a city-wide by-law similar to the existing by-law.
Although a few clarifications have been made in the proposed by-law (Document 1), there would essentially be no change to the rules applicable to areas outside of former Ottawa, where the existing by-law applies, only a change in the process in which vacant or unsafe buildings are addressed, which would in fact better serve the public.
There are no specific rural implications associated with the contents of this report. Residents of rural areas are entitled to the same level of protection as those in urban/suburban areas when it comes to rendering vacant buildings safe and secure.
Given the administrative nature of this report and that the proposals will not negatively impact property owners – and will benefit residents generally – extensive public consultation was not necessary or undertaken. Notification of the Community and Protective Services Committee meeting at which the item would be considered was provided in the local dailies. Further, a notice outlining the recommendation and rationale for same was circulated for information to the Business Advisory Committee, Eastern Ontario Landlord Organization, Ottawa Region Landlords Association, Building Owners and Managers Association, Ottawa Community Housing and Social Housing Registry for information.
There are no legal/risk management impediments associated with the recommendation.
This report has no direct impact on the City Strategic Directions.
There are no technological implications associated with the recommendation.
There are no direct financial implications associated with the recommendation as the costs, if any, are included in the current budget for By-law and Regulatory Services. No incremental costs are anticipated.
Document 1 – Draft Boarding Up By-law (Immediately follows the report)
If the recommendation is approved, By-law & Regulatory Services, in consultation with Legal Services, to process the by-law to Council for enactment.
DOCUMENT 1
BY-LAW NO. 2010 -
A by-law of the City of Ottawa respecting the boarding up of certain buildings.
The Council of the City of Ottawa enacts as follows:
DEFINITIONS
1. In this by-law:
“appropriately finished” means stained or painted to coordinate with other finishes on the exterior of the building;
“building” means a building that is or reasonably appears to be entirely or partially vacant and/or damaged, and that has an opening through which a person may obtain access;
“Chief” means the Chief of By-law
and Regulatory Services in the Emergency and Protective Services Department of
the City of Ottawa or his or her designate;
“securely fastened” means completely
covering the opening and fitted within the side and head jambs, and the
exterior bottom sill of the door or window opening.
INTERPRETATION
2. (1) The rules in this section apply to this
by-law, unless a contrary intention is evident from
the context.
(2) Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning.
(3) This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.
(4) Words in the singular include the plural and words in the plural include the singular.
(5) It is declared that if any section, subsection or part thereof is declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
(6) Headings are inserted for convenience only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.
REQUIREMENT TO BOARD UP
3. No owner of a building shall fail to board up the building to the satisfaction of the Chief by covering all openings through which entry can be obtained with appropriately finished, securely fastened plywood, particle board or other similar suitable material that will withstand the weather and prevent entry of persons, and remove any parts of the building which, because of their condition, cannot be satisfactorily boarded up.
NOTICE TO COMPLY
4. When an owner of a building fails to board up the building pursuant to Section 3, the Chief shall issue to the registered owner of the building a written Notice requiring the owner to board up the building and specifying the time allowed for compliance.
5. The Notice shall be served to the owner of the building:
(a) personally;
(b) by prepaid registered mail to the landlord’s last known address, in which case it shall be deemed to have been given on the third day after it was mailed; or,
(c) by posting the Notice in a prominent position on the exterior of the building.
FAILURE TO COMPLY
6. No owner of a building shall fail to comply with a Notice given under Section 4 of this by-law.
7. If the owner of a building fails to comply with a Notice, the Chief may enter upon the property at any reasonable time for the purposes of causing the building to be boarded up at the expense of the owner and of removing any parts of the building which, because of their condition, cannot be satisfactorily boarded up.
8. Costs incurred by the City in performing the required work pursuant to the Notice may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.
OFFENCES AND PENALTIES
9. (1) Every person who contravenes any of the provisions of this by-law is guilty of an offence.
(2) Every
person who is convicted of an offence under this by-law is liable to a fine as
provided for in the Provincial Offences Act, R.S.O 1990, Chapter P. 33, as
amended.
10. When a person has been convicted of an offence
under this by-law,
(a) the Ontario Court of Justice, or
(b) any court of competent jurisdiction thereafter,
may, in addition to any other penalty imposed
on the person convicted, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
REPEAL
SHORT TITLE
12. This by-law may be referred to as the “Board Up By-law”.
ENACTED AND PASSED this day of , 2010
CITY CLERK MAYOR