Loading...
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 I *Attach 28 October 1991 I