HomeMy WebLinkAboutCD-58-98 Addendum #2
UNFINISHED BUSINESS
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,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Date: February 8, 1999
File# POI. QR
Res. # ~ -lito - CJ'1
Meeting: Council
Report No: ADDENDUM #2 TO REPORT CD-58-98
By-law # _
Subject:
Property Standards Order Enforcement
RECOMMENDATIONS:
It is respectfully recommended to Council:
1 . THAT Addendum #2 to Report CD-58-98 be received;
2. THAT Report CD-58-98 be lifted from the table;
3. THAT Report CD-58-98 be received;
4. THAT the Municipal Law Enforcement Officers be authorized to undertake all
necessary action to clean up the property of Gust Holdings Inc., located on Simpson
Avenue in Bowmanville;
5. THAT all costs associated with the clean-up be charged initially against account
number 11 00-9-X and subsequently levied against the property, to be deemed to be
municipal real property taxes and collected in the same manner and with the same
priorities as municipal real property taxes; and
6. THAT Mr. Gust and his solicitor be advised of Council's decision.
BACKGROUND:
On January 25, 1999, Council considered an Addendum Report from the By-Law
Enforcement Division regarding a lot owned by Gust Holdings Inc. A copy of the
Addendum Report is attached hereto as Schedule "X". Staff were seeking Council
approval to enforce a Property Standards Order which had been issued against the lot and
its owner, Mr. Sam Gust.
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Addendum #2 to Report CD-58-98
- 2 -
February 8, 1999
The Property Standards Order required the removal of "all derelict, abandoned, unplated
and inoperative motor vehicles, vehicle parts and all other waste material from the
property". In late November and early December Mr. Gust had made an effort to remove
some of the vehicles, however work appeared to have stopped by mid December.
When the property was reinspected in January there were still five transport trailers in
various states of decay, a large boat on a cradle, a derelict green boom truck, an old
abandoned fire truck along with various other pieces of metal, rusted equipment, concrete
pipe and a red back hoe. Much of the scrap metal had simply been loaded onto the
trailers. Photographs taken during the inspection are included with this report.
During the presentation to Council on January 25th, Mr. Gust advised that he was unaware
of the problem and was attempting to rectify the situation by applying for Site Plan
Approval for his property. Council agreed to table the report to February 8th to allow him
time to make his application.
The application was received by the Planning Department on January 28th. Along with the
application Mr. Gust provided a preliminary sketch indicating approximately 2/3 of the
subject property would be used as a parking lot for an adjacent existing industrial use. The
remaining 1/3 (the area where the vehicles and material are currently stored) was to remain
vacant at this time.
The Planning Department advised Mr. Gust that his property is zoned 'Generalln~ustrial
(M2)'. Use of the lot as a contractor's yard providing outdoor storage of the vehicles and
equipment is not permitted unless there is an accompanying workshop on the site. The site
plan application seeks approval of the parking lot only. The use of the property for a
contractor's yard was not included in his proposed Site Plan and has therefore, not been
addressed in any other manner. The Site Plan application will be processed in the usual
manner and pending favourable comments from the circulated agencies, an agreement for
the use of the property for a parking lot will be entered into.
Addendum #2 to Report CD-58-98
- 3 -
February 8, 1999
RECOMMEN DA liON:
The proposed Site Plan will not legalize Mr. Gust's use of the lot for the storage of his
various trailers, vehicles and other waste material. As the Property Standards Order of
August 31, 1998 required the removal of these vehicles, trailers and materials, staff
recommend the approval of the original recommendation. A tender will be issued to have
the work done. All costs associated with the Order will be invoiced against the registered
owner and added to the Collector's Roll.
Respectfully submitted:
Reviewed by:
(Ck~~G~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
INTERESTED PARTIES:
Mr. Sam Gust
138 Queen Street
Bowmanvi lie, Ontario
L 1 C 1 M9
Irwin A. Hamilton, Solicitor
Hamilton & Mutton
Barristers & Solicitors
1 Division Street
P.O. Box 39
Bowmanvi lie, Ontario
L 1 C 3 K8
SCHEDULE "X"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Counci I File #
Date: January 25, 1999 Res. #
Report No: ADDENDUM TO REPORT CD-58-98
By-law # -
Subject: Property Standards Order Enforcement
RECOMMEN DA TIONS:
It is respectfully recommended to Council:
1. THAT the Addendum to Report CD-58-98 be received,
2. THAT Report CD-58-98 be lifted from the table,
3. THAT Report CD-58-98 be received,
4. THAT the Municipal Law Enforcement Officers be authorized to undertake all
necessary action to clean up the property of Gust Holdings Inc., located on Simpson
Avenue in Bowmanville;
5. THAT all costs associated with the clean-up be charged initially against account
number 11 00-9-X and subsequently levied against the property, to be deemed to be
municipal real property taxes and collected in the same manner and with the same
priorities as municipal real property taxes; and
6. THAT Mr. Gust and his solicitor be advised of Council's decision.
BACKGROUND:
On November 9, 1998, Council considered a Report from the By-law Enforcement
Division regarding a lot owned by Gust Holdings Inc. A copy of Report
CD-58-98 is attached hereto as ScheduleIA". Staff were seeking Council approval to
enforce a Property Standards Order on the lot. The Order had required the clearing and
removal of all waste material and debris as well as the removal of all derelict, abandoned,
unplated and inoperative motor vehicles, vehicle parts and other related material. Council
decided to give Mr. Gust an extension to allow him to clean up the property. The deadline
was extended to January of this year.
Addendum to Report CD-58-98
- 2 -
January 25, 1999
On December 7, 1998, staff inspected the property. At that time a significant amount of
the material had been removed. The vehicles at the east end of the lot were still in place
along with the waste material on the ground. At that time it appeared that Mr. Gust would
have no trouble meting the January deadline if he continued working at that pace.
On January 18, 1999, staff once again inspected the property. The ground was covered by
several centimetres of snow preventing staff from determining if all the waste material had
been rmoved. The large vehicles and trailers remained on site. A large amount of waste
material had been deposited in one open top trailer.
RECOMMENDATION:
As the Property Standards Order required the removal of these vehicles and trailers, staff
recommend the approval of the original recommendation. It has now been eighteen
months since Mr. Gust was first advised of the deficiencies on his property. Staff will issue
a tender to have the work done. All costs associated with the Order will be invoiced
against the registered owner and added to the Collector's Roll.
Respectfully submitted:
Reviewed by:
cJr~~~~
Franklin Wu, M.C.1.P., R.P.P.
Chief Administrative Officer
LClPB/mh
INTERESTED PARTIES:
Mr. Sam Gust
138 Queen Street
Bowmanville, Ontario
L1 C 1 M9
Irwin A. Hamilton, Solicitor
Hamilton & Mutton
Barristers & Solicitors
1 Division Street
P.O. Box 39
Bowmanvi lie, Ontario
L1 C 3 K8
SCHEDULE "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose & Administration Committee
File # Th \ .:P~
Date: November 2, 1998
Res. #
Report No: CD-58-98
By-law # _
Subject:
Property Standards Order Enforcement
RECOMMENDATIONS:
It is respectively recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CD 58-98 be received; and
2. THAT the Municipal Law Enforcement Officers be authorized to undertake all
necessary action to clean up the property of Gust Holdings Inc. located on Simpson
Avenue in Bowmanville; and
3. THAT all costs associated with the cleanup be charged initially against account
number 11 00-9-X and subsequently levied against the property, to be deemed to
be municipal real property taxes and collected in the same manner and with the
same priorities as municipal real property taxes.
BACKGROUND:
Staff have been dealing with a complaint concerning a vacant lot on the east side of
Simpson Avenue south of Baseline Road in Bowm'anville. The lot is legally described as
Parts of Blocks 17 and 18 and part of Smart Avenue, according to Smart Estate Plan, all of
which is Part Lot 9, B.F.C. in the former Town of Newcastle, now Municipality of
Clarington, designated as Part 3 of Plan 1 OR-3189, Plan H-50073. This is a vacant piece of
land within the Bowmanville industrial area directly south of Webco Steel. The lot is
approximately 1.5 acres in area.
When inspected, the officers found a very large collection of scrap metal, derelict motor
vehicles, wood, trailers, boats, construction equipment and other waste material. Some of
the material appears to have been there for a long time.
In 1997 a Property Standards Notice was sent to the registered owner, Gust Holdings Inc. '
with a mailing address of 138 Queen Street, Bowmanville. This is the residence of Mr.
Sam Gust. No response was received from the owner.
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CD-58-98
- 2 -
November 2, 1998
In June 1998 the province moved property standards enforcement from The Planning Act
into The Building Code Act. At the same time certain changes were made to streamline
enforcement. Among these changes were the removal of the requirement for a Property
Standards Notice and the deClaration that all costs incurred by a Municipality to carry out
the requirements of a Property Standards Order would become municipal real property
taxes. This allows for the amount to be collected in the same manner and with the same
priority as municipal real property taxes. This change means that the general taxpayer does
not have to bear the cost of enforcing a Property Standards Order. On July 13, 1998 the
municipality adopted a new Property Standards By-law incorporating these changes.
On August 31, 1998 a Property Standards Order was sent by registered mai I to the
registered owner of the Simpson Avenue property, Gust Holdings Inc. The Order
(Attachment #1) required two things:
1. all waste material had to be removed from the property; and
2. all derelict, abandoned, unplated and inoperative motor vehicles,
vehicle parts and all other waste material had to be removed.
The owner was given until September 3D, 1998 to comply. The Order also stipulated that
if the owner was not satisfied with the terms and conditions of the Order he could appeal
to the Property Standards Committee. The deadline for appeal was set at September 18,
1998. Mr. Gust did appear before Council on September 14, to speak about several
matters involving lands he owns, however he did not file an appeal.
The Act gives the municipality several options to enforce the Order. It can:
1 . simply register the Order on title at the Land Registry Office;
2. lay charges against the owner for failing to comply with the Order;
. . '
3. undertake the work and apply all costs against the municipal real
property taxes, or;
4. any combination of the above.
Staff have elected to undertake the work. This is a large area of land within the prime
industrial area of the municipality. With Council's approval staff will be issuing a tender to
have the work done. All costs associated with the Order will be recoverable from the
property owner. Once the work has been completed all costs will be invoiced against the
registered owner and added to the Collector's Roll. It will then be dealt with in the same
manner as municipal real property taxes. . {'
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CD-58-98
- 3 -
November 2, 1998
Attached, for Council's information, are the relevant sections of The Building Code Act
(sections 15.2(2), 15.4(1) and 15.4(4)) and the Property Standards By-law (sections 4.01,
4.02 and 6.19).
Respectfully submitted:
Reviewed by:
.A. Marano
Acting Chief Administrative Officer
LClPB/mh
724
At tachmen t III
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
- BY-LAW ENFORCEMENT DIVISION
ORDER REQUIRING COMPLIANCE
PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT, S.O. 1992 c.23
ISSUED TO:
GUST HOLDINGS INC.
138 QUEEN STREET
BOWMANVILLE
L 1 C 1 M9
MUNICIPAL ADDRESS:
AND TO:
BASELINE ROAD, BOWMANVILLE
PART OF BLOCKS 17 AND 18 AND PART OF
SMART AVENUE, ACCORDING TO SMART
ESTATE PLAN, ALL OF WHICH IS PART OF
LOT 9 B.F.C. IN THE FORMER TOWN OF
BOWMANVILLE. FORMER TOWN OF
NEWCASTLE NOW MUNICIPALITY OF
CLARINGTON. DESIGANATED AS PART 3
PLAN 10R-3189, PLAN H-50073
INSTRUMENT NUMBER:
158615
BEING THE OWNER OF THE ABOVE-MENTIONED PROPERTY OR A PERSON
HAVING AN INTEREST THEREIN.
WHEREAS the property described above has been inspected by a Property
Standards Officer and found not to conform to the standards set out in Property
Standards By-law 98-123:
IT IS HEREBY ORDERED THAT THE REPAIRS DESCRIBED IN SCHEDULE "A",
WHICH IS ATTACHED HERETO AND FORMS PART OF THIS ORDER, BE
EFFECTED AT THE PROPERTY DESCRIBED HEREIN ON OR BEFORE 30
SEPTEMBER 1998, USING SUITABLE AND SUFFICIENT MATERIALS AND INA
MANNER ACCEPTED AS GOOD WORKMANSHIP IN THE TRADES CONCERNED.
If this Order is not complied with within the time and in the manner specified, and
in accordance with any permits required by law, the 'Corporation may carry out the
requirements of this Order at the owner's expense and/or commence legal
proceedings.
You are hereby advised that if you are not satisfied with the terms or conditions of
this Order, you may appeal to the Property Standards Committee by sending a
Notice of Appeal to the Secretary, Property Standards Committee at 40
Temperance Street, Bowmanville, Ontario, L 1C 3A6, on or before, 18 SEPTEMBER
1998, stating your grounds for appeal.
In the event no appeal is taken within the prescribed period and in the manner
specified above, the Order shall be deemed to be confirmed and shall be final and
binding upon you pursuant to Section 15.3(2) of the Act
FILE: V96-0378
SERVED BY REGISTERED MAIL ON:
31 AUGUST, 1998
31 AUGUST, 1998
ISSUED ON:
~7
~~.//' _.
Leon' Creamer, C.P.S.O.
~-Y~
Witness
1'[5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW ENFORCEMENT DIVISION
PROPERTY STANDARDS BY-LAW 98-123
SCHEDULE "A"
FILE NO. V96-378
Section
Non-conformities
VACANT LAND
1.
4.01(1)
Land not kept clean and free from rubbish,
debris and ashes, health, fire and accident
hazards.
REMEDY
All waste material to be removed from the
property.
2.
4.01 (2).
Land not kept clean and free from wrecked
dismantled, discarded, inoperative
abandoned machinery vehicles trailers,
boats, and their component parts.
REMEDY
All derelict, abandoned, unplated and
inoperative motor vehicles, vehicle parts
and all other waste material to be removed
from property.
NOTE:
A BUILDING PERMIT, DEMOLITION PERMIT OR A PLUMBING PERMIT
MAY BE REQUIRED PRIOR TO THE COMMENCEMENT OF
CONSTRUCTION, DEMOLITION, INSTALLATION, ALTERATION OR
REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERATION
TO A BUILDING OR STRUCTURE. FOR FURTHER INFORMATION
CONCERNING SUCH PERMITS CONTACT THE MUNICIPALITY OF
CLARINGTON BUILDING DEPARTMENT AT (905) 623-3379 BETWEEN
8:30 a.m. AND 4:00 p.m. MONDAY THROUGH FRIDAY EXCEPT
HOLIDAYS.
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Building Code Act
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graded and levelled condition.
(4) No DlstinctJon on, the Basis of
Relationship. The authority to pass a by-law under
subsection (3) does not include the authority to pass a by-law
that sets out requirements, standards or prohibitions that have
the effect of distinguishing between persons who are related
and per~ons who are unrelated in respect of the occupancy or
use of a property, including the occupancy or use as a single
housekeeping unit.
(5) Provision of No Effect. A provision in a by-
law is of no effect to the extent that it contravenes the
restrictions described in subsection (4).
15.2-(1) Inspection of Property Without
WarTant. Where a by-law under section 15.1 is in effect,
an officer may, upon producing proper identification, enter
upon any property at any reasonable time without a warrant
for the purpose of inspecting the property to determine,
(a) whether the property conforms with the standards
prescribed in the by-law; or
(b) whether an order made under subsection (2) has
been complied with.
(2) An officer who flOds that a property does not
conform with any of the standards prescribed in a by-law
passed under section 15.1 may make an order,
(a) stating the municipal address or the legal description
of such property;
(b) giving reasonable particulars of the repairs to be
made or stating that the site is to be cleared of all
buildings, strUctures, debris or refuse and left in a
graded and levelled condition;
(c) indicating the time for complying with the terms and
conditions of the order and giving notice that, if the
repair or clearance is not carried out within that
time, the municipality may carry out the repair or
clearance at the owner's expense; and
(d) indicating the final date for giving notice of appeal
from the order.
(3) Service and Posting of Order. The order
shall be served on the owner of the property and such other
persons affected by it as the officer determines and a copy of
the order may be posted on the property.
(4) Registration of Order. The order may be
registered in the proper land registry office and, upon such
registration, any person acquiring any interest in the land
subsequent to the registration of the order shall be deemed to
have been served with the order on the day on which the
8
order was served under subsection (3) and, when the
requirements of the order have been satisfied, the clerk of the
municipality shall forthwith register in the proper land
registry office a certificate that such requirements have been
satisfied, which shall operate as a discharge of the order.
("
15.3-(1) AJ.peal of Order. An owner or occupant
who has been served with an order made under subsection
15.2(2) and who is not satisfied with the terms or conditions
of the order may appeal to the committee by sending a notice
of appeal by registered mail to the secretary of the committee
within 14 days after being served the order.
(2) Conflnnatlon of Order. An order that is not
appealed within the time referred to in subsection (lJ shall be
deemed to be confirmed.
(3) Powers of Committee on Appeal. If an
appeal is talccn, the committee shall hear the appeal and shall
have all the powers and functions of the officer who made the
order, and may,
(a) confirm, modify or rescind the order to demolish or
repair;
(b) extend the time for complying with the order if, in
the committee's opinion, the general intent and
purpose of the by-law and of the official plan or
policy statement are maintained.
(c
(4) Appeal to Ontario Court. The municipality
in which the property is situate or any owner or occupant or
person affected by a decision under subsection (3) may appeal
to a judge of the Ontario Court (General Division) by
notifying the clerk of the corporation in writing and by
applying to the Ontario Court (General Division) for an
appointment within 14 days after the sending of a copy of thedecision.
(5) Appointment. A judge of the Ontario Court
(General Division) shall appoint, in writing, a time and place
for the hearing of the appeal and may direct in the
appointment the manner in which and upon whom the
appointment is to be served.
(6) Judge's Powers. On the appeal, the judge has
the same powers and functions as the committee.
(7) Effect of Decisions. An order that is deemed
to be confirmed under subsection (2) or that is confmned or
modified by the committee under subsection (3) or a judge
under subsection (6), as the case may be, shall be fmal and
binding upon the owner and occupant who shall carry out the
repair or demolition within the time and in the manner
I L 7'
Building Code Act
specified in the order.
15.4-(1) Power of ~unlclpality. If an order of an
officer under subsection 15.2(2) is not complied with in
accordance with the order as deemed confl11Iled or as
confirmed or modified by the committee or a judge, the
municipality may cause the property to be repaired or
demolished accordingly.
(2) Warrantless Entry. For the purpose of
subsection (1), employees or agents of the municipality may
enter the property at any reasonable time without a warrant in
order to repair or demolish the property.
(3) No Liability. Despite subsection 31 (2), a
municipal corporation or a person acting on its behalf is not
liable to compensate the owner, occupant or any other person
by reason of anything done by or on behalf of the
municipality in the reasonable exercise of its powers under
subsection (1).
(4) Municipal Lien. The municipality shall have a
lien on the land for the amount spent on the repair or
demolition under subsection (1) and the amount shall be
deemed to be municipal real property taxes and may be added
by the clerk of the municipality to the collector's roll and
collected in the same manner and with the same priorities as
municipal real property taxes.
15.5.(1) Certificate of Compliance. An officer
who, after inspecting a property, is of the opinion that the
property is in compliance with the standards established in a
by-law passed under section 15.1 may issue a certificate of
compliance to the owner.
(2) Request for Certificate. An officer shall
issue a certificate to an owner who requests one and who
pays the fee set by the council of the municipality in which
the property is located.
(3) Fee for Certificate. A council of a
municipality may set a fee for the issuance of a certificate.
15.6-(1) Property Standards Committee,
Membership and Term of Office. A by-law passed
under section 15.1 shall provide for the establishment of a
committee composed of such persons, not fewer than three,
as the council considers advisable to hold office for such term
and on such conditions as the by-law may establish.
(2) Filling of Vacancies. The council of the
municipality shall forthwith fill any vacancy that occurs in the
membership of the committee.
(3) Compensation. The members of the committee
shall be paid such compensation as the council may provide.
(4) Chair. The members shall elect a chair from
among themselves: when the chair is absent through illness or
otherwise, the committee may appoint another member as
acting chair.
(5) Quorum. A majority of the members constimtes a
quorum for transacting the committee's business.
(6) Secretary. The members hall provide for a
secretary for the committee.
(7) Duty of Secretary. The secretary shall keep
on the file records of all official business of the committee,
including records of all applications and minutes of all
decisions respecting those applications, and section 74 of the
Municipal Act applies with necessary modifications to the
minutes and records.
(8) Rules of Procedure and Oaths. The
committee may, subject to subsection (9), adopt its own rules
of procedure and any member may administer oaths.
(9) Where Committee Required to Give
Notice. The committee shall give notice or direct that
notice be given of the hearing of an appeal to such person as
ilie committee considers advisable.
15.7..(1) Emergency Order. If upon inspection of a
property the officer is satisfied that there is non-conformity . _
with the standards in a by-law passed under section 15.1 to
such extent as to pose an immediate danger to the health or
safety of any person, the officer may make an order
containing particulars of the non-conformity and requiring
remedial repairs or other work to be carried out immediately
to terminate the danger.
(2) Service. The order shall be served on the owner
of the property and such other persons affected thereby as the
officer determines and a copy shall be posted on the property.
(3) Emergency Powers. After making an order
under subsection (1), the officer may, either before or after
the order is served, take any measures necessary to terminate
the danger and, for this purpose, the municipally may,
through its employees and agents, at any time ente~ the
property in respect of which the order was made Without a
warrant.
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(b) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(c) each habitable room shall be separated from the fuel fired heating unit or
other similarly hazardous equipment by a suitable fire separation and
approved under the Ontario Building Code;
(d) access to each habitable room shall be gained without passage through a
furnace room, boiler room, or storage room.
PART IV
VACANT LANDS AND BUILDINGS
VACANT LAND
4.01 All vacant land shall he kept clean and free from:
(1) rubbish or debris and objects or conditions that might create a health, fire,
or accident hazard;
(2) wrecked, dismantled, discarded, inoperative or abandoned machinery,
vehicles, trailers, boats and/or their component parts unless it is necessary
for the operation of a business enterprise lawfully situated on the property;
(3) long grass, brush, undergrowth and overgrown trees, which may cause a
hazard;
(4) dilapidated, collapsed or partially constructed structures;
(5) injurious insects, termites, rodents, vermin or other pests; and
(6) dead, decayed or damaged trees or other natural growth.
4.02 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
VACANT BUILDINGS
4.03 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall
have all water, electrical and gas services turned off except for those services that
are required for the security and maintenance of the property.
4.04 The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Officer by covering all openings through
which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet
plywood painted a colour compatible with the surrounding walls and securely
fastened.
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6.15 Upon receipt of the Notice of Appeal the Secretary shall determine a date, time
and place for the hearing of the Appeal which shall take place not less than seven
days and not more than thirty days from the date of receipt of the aforementioned
Notice of Appeal and shall give notice of the date, time and place of the appeal to
the Applicant, the Committee members and the Officer.
6.16 Where an Appeal has been taken, the Committee shall hear the Appeal and shall
have all the authority and functions of the Officer and may confirm, modify, or
rescind the Order, or may extend the time period for compliance provided that, in
the opinion of the Committee, the general intent of the By-law and of the Official
Plan or policy statement are maintained.
APPEAL TO ONTARIO COURT
6.17 The Municipality or any owner or occupant or other person affected by a decision
of the Committee may appeal to a judge of the Ontario Court (General Division) by
notifying. the Clerk of the Corporation in writing and by applying to the Ontario
Court (General Division) for an appointment within fourteen days after1he sending
of a copy of the Decision.
6.18 A judge of the Ontario Court (General Division) shall appoint, in writing, a time and
place for the hearing of the appeal and may direct in the appointment the manner
in which and upon whom the appointment is to be served. On the appeal. the
judge has the same powers and functions as the Committee.
(
PENALTY
6.19 Every owner or occupant of property shall comply with a Property Standards Order
as confirmed or modified. Should the owner or occupant fail to demolish or repair
the property in accordance with an Order as confirmed or modified, the
municipality in addition to other remedies,
(a)
shall have the right to demolish or repair the property accordingly and for
this purpose with its servants and agents from time to time to enter in and
upon the property; and
(b)
shall not be liable to compensate such owner, occupant or another person
having interest in the property by reason of anything done by or on behalf of
the municipality under the provisions of this article;
(c)
may cause a prosecution to be brought against any person who is in breach
of such an Order and upon conviction such person shall forfeit and pay at
the discretion of the convicting Provincial Judge or Justice of the Peace
acting within his/her territorial jurisdiction. a penalty in accordance with the
provisions of section 36 of the Building Code Act, SO. 1992, c.23.
VALIDITY
6.20 If an article of this by-law is for any reason held to be invalid, the remaining articles
shall remain in effect until repealed.
10 "130