HomeMy WebLinkAboutPD-251-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: PERFOR.GPA
REPORT
Meeting: General Purpose and Administration Committee File # Ifi)._96916111L
#
Date: Monday, November 18, 1991 Res.
By-Law#
Repc)rt#: =1== File#: DEV
Subject:
Requirement of Performance Bond for Demolition Permit
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-251-91 be received for information.
1. BACKGROUND
1. 1 At it's meeting held on September 9 , 1991, the General Purpose and
Administration Committee directed Staff to examine the possibility
of requiring a performance bond to be posted with the Town prior
to the issuance of a demolition permit for larger projects.
2. COMMENTS
2 . 1 In an earlier report, PD-206-91, staff pointed out that
requirements of a performance bond as a condition for demolition
permits poses several problems, both legally and administratively.
Subsequent to the Committee's direction to investigate the
feasibility for larger projects, staff re-examined the issue and
consulted the Town's solicitor on the subject matter. The
solicitor's comments are summarized as follows.
2 . 2 The Ontario Building Code Act does not establish qualifications
which must be met by any persons who applies for a demolition
permit. The Code also does not provide the posting of a
REPORT PD-251-91 PAGE 2
performance bond or other security to provide assurance to the
municipality that the demolition will be conducted in an orderly
and expeditious manner. The Town's solicitor concluded that the
Town cannot require a performance bond prior to the issuance of a
demolition permit for any project, large or small, under the
authority of the Ontario Building Code Act.
2 . 3 The recourse of a municipality where demolition is not proceeding
in an orderly and expeditiously manner would be for the
municipality to take action, including the prosecution for
violation of the Town's property standard by-law and the waste by-
law. In case a fire hazard results from the demolition in
progress, prosecution can commence under the Ontario Fire Code.
If the demolition results in the building becoming unsafe, the
municipality can, under Section 210 (171) of the Municipal Act, pass
a by-law for pulling down the building at the expense of the owner
by reason of it's ruinous dilapidated state.
2 . 4 Based on the foregoing comments, staff is satisfied that there are
sufficient remedies available to the municipality to ensure any
building demolition is carried out in an orderly manner. Moreover,
the lack of legislative authority to require a performance bond for
building demolition is a major determining factor for the
municipality not to impose such a requirement.
Respectfully submitted, Recommended for presentation
to the Committee
1Wn
Franklin Wu, M.C. I.P. Lawrence Kotseff
DIrector of Planning Chief Ad i istrative
and Development Officer j
FW*ld
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*Attach
28 October 1991
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