The Board Up By-law (By-law 2010-211) provides the City with the authority to order the boarding up/securing of buildings. It also allows the City to undertake any work that is required to board up the building and recover costs should the property owner fail to undertake the work.
- Buildings that appear to be entirely or partially vacant and/or damaged, and that have an opening through which a person may obtain access are required to be boarded up.
- Costs incurred by the City to board up a building, when the owner fails to do so, are added to the tax roll account for the property in question.
Section 1 - Definitions
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.
Section 2 - Interpretation
- The rules in this section apply to this by-law, unless a contrary intention is evident from the context.
- Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning.
- This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.
- Words in the singular include the plural and words in the plural include the singular.
- 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.
- 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.
Section 3 - Requirement to board up
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.
Sections 4 and 5 - Notice to comply
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.
- The Notice shall be served to the owner of the building:
- 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
- by posting the Notice in a prominent position on the exterior of the building.
Sections 6 to 8 - Failure to comply
No owner of a building shall fail to comply with a Notice given under Section 4 of this bylaw.
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.
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.
Sections 9 and 10 - Offences and penalties
- Every person who contravenes any of the provisions of this by-law is guilty of an offence.
- 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.
- When a person has been convicted of an offence under this by-law,
- the Ontario Court of Justice; or
- 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.
Section 11 - Repeal
By-law No. 296-99 of the Corporation of the City of Ottawa entitled “A by-law of The Corporation of the City of Ottawa respecting the boarding up of certain buildings”, as amended, is repealed.
Section 12 - Short title
This by-law may be referred to as the “Board Up By-law”
ENACTED AND PASSED this 23rd day of June, 2010