A by-law of the City of Ottawa to establish an area of demolition control and to repeal By-law Number 253-2000 of the former City of Ottawa.
WHEREAS subsection 33(2) of the Planning Act, R.S.O. 1990, c. P. 13 provides that where a by-law prescribing standards for the maintenance and occupancy of property is in force in a municipality, Council may by by-law designate any area within the municipality to which the standards of maintenance and occupancy by-law applies as an area of demolition control;
AND WHEREAS on May 11th, 2005, Council enacted By-law No. 2005- 207 entitled the Property Standards By-law setting out maintenance and occupancy standards for properties within the City of Ottawa;
AND WHEREAS the application of demolition control will help to maintain the integrity of existing neighbourhoods within the designated area by preventing the premature loss of housing stock and the creation of vacant parcels of land;
THEREFORE, the Council of the City of Ottawa enacts as follows:
1. Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning.
2. It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
3. This by-law includes Schedule 1 annexed hereto and Schedule 1 is hereby declared to form part of this by-law.
4.In this by-law,
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, the Regulations made under the Act, and a by-law enacted by Council under the Act, all as amended or re-enacted from time to time;
"building permit" means a building permit issued under the Building Code Act;
"Chief Building Official" means the Chief Building Official appointed by Council under the Building Code Act, 1992 or his or her designate;
"City" means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires;
"Council" means the Council of the City of Ottawa;
"demolition control permit" means a demolition permit issued under this by-law;
"dwelling unit" means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals;
"existing" means existing as of the date of the enactment of the provision which contains that word;
"General Manager" means the General Manager of the Planning and Growth Management Department of the City of Ottawa;
"residential property" means a building that contains one or more dwelling units, but does not include a subordinate or accessory building, the use of which is incidental to the use of the main building;
"use" means a use of land for any purpose; and ―used and ―using, and other such forms of the word, have a corresponding meaning;
5. All the lands lying within the boundaries outlined on Schedule 1 to this by-law are designated an area of demolition control.
6. (1) No person shall demolish the whole or any part of a residential property within the boundaries outlined on Schedule 1 unless that person holds a demolition control permit to do so issued under this by-law.
(2) Subsection 6(1) does not apply when:
(a) an order to remove the residential property has been issued under the Fire Protection and Prevention Act,1997, S.O. 1997, c.4;
(b) the demolition of a part of the residential property does not reduce the number of dwelling units; or,
(c) the residential property has been found to be unsafe under section 15.10 of the Building Code Act, 1992 and an order has been issued under that section.
7. (1) Where a building permit has been issued to erect a replacement building on the site of a residential property, a person may apply to the Chief Building Official for a demolition control permit, and the Chief Building Official shall issue the demolition control permit.
(2) Despite subsection 7(1), the Chief Building Official shall not issue a permit when:
(a) the application for the demolition control permit, including any plans, specifications, documents or other information required by the Chief Building Official is incomplete; or
(b) any fees are unpaid.
8. (1) Where no building permit has been issued for a replacement building, and the residential property is not designated under Part IV, or with an area designated under Part V of the Ontario Heritage Act, R.S.O. 1990, c. O.18 a person may apply to the General Manager for a demolition control permit.
(2) The General Manager is authorized to issue a demolition control permit on such terms and conditions as the General Manager considers appropriate, including but not limited to:
(a) the applicant obtaining a permit to construct or demolish and complying with the safety criteria normally attached to a permit issued under the Building Code Act;
(b) the property being graded, sodded, seeded and landscaped;
(c) the property being used and maintained to the standards set out in the City’s by-laws, including but not limited to, the Property Standards By-law 2005-207 as amended, the Property Maintenance By-law 2005-208 as amended, and the Zoning By-law 2008-250 as amended;
(d) the property not being used or occupied for any interim use pending future development of a replacement building, except for the construction and occupancy of an on-site sales office and accessory parking;
(e) the applicant obtaining the necessary development approvals and a building permit within a specified time period;
(f)the applicant entering into an agreement containing the terms and conditions of the demolition control permit and the agreement being registered on title.
(3) The General Manager’s authority to issue a demolition control permit under subsection (2) is subject to the agreement of the Ward Councillor to all of the terms and conditions contained therein.
(4) Where a demolition control permit has been issued under subsection (2), the General Manager is authorized to execute agreements containing the terms and conditions associated with said permit.
9. Every person who demolishes a residential property or any portion thereof in contravention of section 6 is guilty of an offence and on conviction is liable to the penalty set out in section 10.
10. Every person who commits the offence mentioned in section 9 is liable to a fine of up to $50,000 for each dwelling unit contained in the residential property, the whole or any portion of which residential property has been demolished.
11. By-law Number 215-2000 of the former City of Ottawa entitled ―A by-law of the Corporation of the City of Ottawa establishing demolition control’ is repealed.
12. This by-law may be cited as the Demolition Control By-law, 2012.
ENACTED AND PASSED this 24th day of October, 2012.
CITY CLERK MAYOR
