HomeMy WebLinkAboutPD-39-89 DN: 19
5 (n)
TOWN OF NEWCASTLE
REPORT File
#
Res.
By-Law #
MEETING: General Purpose and Administration Committee
DATE: MONDAY, FEBRUARY 6, 1989
REPORT #: PD-39-89 FILE #:
SUB.ECT: CHARGES LAID AGAINST BUILDERS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-39-89 be received for information.
1. BACKGROUND
1.1 During the summer of 1988, a number of builders were constructing homes
without building permits and/or continued to construct in defiance of
stop work orders.
1.2 As a result, charges were laid against these builders for By-law and
Building Code infractions.
1.3 On January 17, 1989, the charges were heard in Provincial Court which
resulted in forty-six (46) convictions totalling a fine of $23,000
against these builders.
2. . .
REPORT K0.: PD-39-89 PAGE 2
_______________________________________________________________________________
2. C(MOE0TS
2.1 The Ontario Building Code charges the responsibility of issuance of
building permits and inspection to the municipality which is therefore
obliged under the legislation to cause the law to be enforced. If a
builder is constructing without a permit' it can be cuuatzmsd as a
deliberate attempt to defy the law and avoid paying building permit
fees. More importantly is the fact that building staff would have no
record of the home construction and would not be able to provide the
necessary inspections to ensure the homes are otrmztozaIIl/ sound and
built in accordance to the Building Code. Without the required
inspections, staff were unable to provide occupancy permits tboe
causing a lot of unnecessary inconvenience for the home Dorobaoezo.
2.2 Charges laid against builders for by-law and building code infractions
are Dart of the day-to-day works of the Building Division. Qoua are
the laissez-faire attitude which is now replaced by proactive approach
in building enforcement; and staff will continue this approach to
establish the credibility of the Town.
Respectfully submitted, Recommended for presentation
to the Committee
__/--_-----~_ --______-_-_
Franklin Wu, M.C.I.P. Lawrence E./ geff
Director of Planning 6 Development Chief Administrative Officer
IW*cc
*Attach.
January 19/ 1989