HomeMy WebLinkAboutPD-112-82 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO 1_013 1 JO TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 28, 1982
REPORT NO. : PD-112-82
SUBJECT: PROCEDURES RESPECTING THE PROPERTY
STANDARDS BY-LAW 82-63
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-112-82 be received; and
* 2. That the attached Procedures respecting the
Property Standards By-law 82-63 be approved.
BACKGROUND:
Pursuant to the provisions of Section 43 of The Planning
Act, on May 10, 1982, Council adopted By-law 82-63, entitled
the Property Standards By-law. As well , Council will be
adopting a By-law to appoint a Property Standards Officer
and has already taken the necessary steps to establish a
Property Standards Committee.
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Report No: PD-112-82 . . ./2
Attached to this Report is a procedure which outlines the
steps to be followed in the event of a complaint made under
the provisions of By-law 82-63, and which defines the roles
and responsibilities of the Property Standards Officer, the
Secretary to the Property Standards Committee, and the
Property Standards Clerk.
For the Committee's convenience, a summary of the procedures
is given below:
1 . A written complaint or a written request for a
Certificate of Compliance is received by the Property
Standards Officer;
2. The Property Standards Officer investigates the
property;
3. If the property is found to comply with the standards of
By-law 82-63, the Officer may issue a Certificate of
Compliance. In the case of a complaint, the file is
closed;
4. If the property is found not to comply with the By-law,
the Officer issues a Notice of Non-Conformity to the
owner(s) , and specifies the time and place of a Hearing
with the Property Standards Officer;
5. If, during the Hearing, the owner(s) agrees to bring the
property into conformity with the By-law, the Property
Standards Officer will specify the date by which the
necessary repairs or alterations must be made.
Report «o: PD-112-82 . . ./3
If the property complies with the By-law at the end of
the specified period, the Officer may issue a
Certificate of Compliance.
If the property does not comply with the By-law at the
end of the specified period, the Officer will serve the
Owner with an Order;
6. If the owner does not attend the Hearing or, if during
the Hearing he indicates he is not willing to bring the
property into conformance with the By-law, the Property
Standards Officer shall issue an Order to the owner
specifying the nature of the repairs required to make
the property conform, and the final date of appeal to
the Property Standards Committee. The Order is
registered against the title to the property;
7. In the event of an appeal to the Order, the Property
Standards Committee will hear the appeal within 30 days
of the receipt of the appeal ;
8. The Municipality or anyone affected by the decision of
the Property Standards Committee may appeal that
decision to the County Court;
9 The Judge will hear the appeal and his decision will be
final and binding on all parties;
10 Whether or not an appeal to the Order was registered, if
the property is not brought into conformity with the
By-law, the Municipality may take further action
including the laying of charges in Provincial Court or
the passing of a By-law authorizing the repair or
demolition of the property;
Report No: PD-112-82 .. ./4
11 When the Order is eventually complied with, the Order is
discharged.
It is recommended that Council approve the attached
procedures.
Respectil] submitted,
T. T. Edwards, M.C.I.P.
Director of Planning
JAS*TTE*mjc
June 17, 1982
PROPERTY STANDARDS PROCEDURES
PURPOSE: To provide a step-by-step procedure to be followed in
processing complaints made under the provisions of By-law
82-63 of The Corporation of the Town of Newcastle, being a
By-law for prescribing standards for the maintenance and
occupancy of property within the Town of Newcastle.
PROCEDURE:
1 ) All complaints and requests for a Certificate of
Compliance are to be in writing and directed to the
Property Standards Officer.
2) When a complaint is received, the Property Standards
Clerk checks the Assessment Rolls for Lot and Plan
Numbers, Name and Address of Owner(s) and Tenants, if
applicable.
3) The Property Standards Officer shall conduct an
investigation to determine if the subject property
complies with the standards prescribed by By-law Ho.
82-63.
a) If, in the opinion of the Property Standards
Officer, the property is in conformity with the
standards of the By-law, the Officer may, and upon
request of the owner shall , issue to the owner a
Certificate of Compliance subject to the payment of
the prescribed fee. In the case of a complaint,
the case file shall be closed.
4) If, in the opinion of the Property Standards Officer,
the property is not in conformity with the standards of
the By-law, the Officer then prepares a written report
documenting the infractions under the By-law and
indicates the Section(s) purported to be violated.
5) The Property Standards Officer then initiates a Title
Search to determine the Owner(s) of the property on the
proper form (Form 001 , Appendix "A") .
6) Upon receiving the information from the Title Search,
the Property Standards Officer prepares a formal Notice
of Non-Conformity (Appendix "B"), pursuant to Section
4.2.1 . of the By-law.
7) The Property Standards Clerk types the Notice on the
proper forms (Forms 002/1 ,2,3,4) . The Property
Standards Officer then checks the Notice of
Non-Conformity for error or omissions and returns it to
the Property Standards Clerk without signing.
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a) The Property Standards Clerk shall collate the
Notice of Non-Conformity in the following manner:
Page One: Form 002/. .1
Page Two: Form 002/. .2
Page Three: Form 002/. .3
Schedule "A" : Form 002. . .4
8) Prior to the Property Standards Officer signing the
documents, the Property Standards Clerk will make
copies for File, if applicable.
9) The Property Standards Officer will then sign the
original document from which the Property Standards
Clerk will make copies to be sent by Registered Mail or
to be delivered by personal service to the Owner(s) of
the property and all persons shown by the records of
the Registry Office, Land Titles Office and Sheriff's
Office to have any interest therein, with the original
copy being sent to the Owner(s) of the property, and
may supply all occupants with a copy of such notice. A
copy will be kept for file.
If the property is to be placarded, the Property
Standards Officer will then personally place a placard
consisting of the original copy of the Notice of
Non-Conformity in a conspicuous place on the property.
An Affidavit (Appendix "C" ) shall be completed and
witnessed by a person commissioned to take affidavits
and attached to a personally signed copy of the Notice
and placed in the file.
The Property Standards Clerk shall then record on file
the registered date of mailing and the date and time of
"Hearing".
10) The Hearing is conducted in the Office of the Property
Standards Officer in the presence of the Owner(s) and
their agent, as well as others indicated in the Notice.
The Property Standards Clerk is also present to record
the minutes of the Hearing which are typed and placed
in the file.
a) If, during the Hearing, the Owner(s) agrees to
bring his property into conformity with the
standards of By-law 82-63, the Property Standards
Officer shall specify a period within which the
property must be made to conform.
i
3 -
If, upon the expiration of the specified period,
the Property Standards Officer is satisfied that
the property conforms with the By-law, he may issue
a Certificate of Compliance in the same manner as
described in Procedure 3a) . If the Officer is not
satisfied that the property has been made to
conform, he shall prepare an "Order" as described
in Procedure 11 .
b) If the Owner does not appear for the Hearing or if
during the Hearing he states he is unwilling to
bring his property into compliance with By-law
82-63, the Property Standards Officer shall prepare
an "Order" as described in Procedure 11 .
11 ) After the time afforded for the Hearing, the Property
Standards Officer shall prepare an "Order" (Appendix
"D") pursuant to the provisions of Section 4.2.2 of
By-law 82-63 for typing by the Property Standards
Clerk. The Property Standards Officer then checks the
Order for errors or omissions and returns it to the
Property Standards Clerk without signing.
The Property Standards Clerk shall collate the Order in
the following manner:
Page One: Form 003/. .1
Page Two: Form 003/. .2 or 003A/. .2
Page Three: Form 003/..3
Schedule "A": Form 003/. .4
Notice of Appeal
Backing Sheet for Order of the Property Standards
Officer.
12) Prior to the Property Standards Officer signing the
documents, the Property Standards Clerk will make
two copies, if applicable.
13) The Order shall be prepared by the Property Standards
Officer and the Property Standards Clerk for delivery
in the same manner as for the Notice contained in
Procedure 9.
If the property is to be placarded the Property
Standards Clerk shall follow Procedure 9 as previously
outlined, using Form 002/. .1 as Notice of Placard
(Appendix "B").
vacs
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The Property Standards Clerk shall also prepare an
Affidavit of Subscribing Witness (Appendix "E" , 2
copies) and attach in front of backing sheet of two
personally signed copies of the Order which the
Property Standards Officer will register on title to
the property.
(Note: The Property Standards Officer's signature on
the Order 'to be registered must be witnessed and both
signatures then witnessed by a Commissioner for taking
Affidavits. )
It is essential that the Order be sent by Registered
Mail and the registry date be the same as the date that
the Order was signed by the Property Standards Officer.
(Note: The Final Date for Appeal appearing on Page 3 of
the Order shall be fifteen days from the service of the
Order, being the date that the Order is registered in
the Post Office and including that day. )
14) The Property Standards Clerk will ensure that the
information contained in the Order is recorded on file,
which shall include date the Order was mailed, date for
compliance with the Order, last date for appeal , and in
the event the property is placarded, the date of
placarding, as well as recording the date the order was
registered on title.
15) In the event there is an appeal to the Order of the
Property Standards Officer to the Property Standards
Committee, the Secretary of the Committee shall :
a) notify the Officer that an appeal has been filed
against his Order and will request a copy of the
Order together with a list of persons, by copy of
an affidavit, to whom the Order was sent (names and
addresses) and the day on which the Order was
served together with a list of occupants to whom a
copy of the Notice of Non-Conformity was sent;
b) determine whether the appeal is properly filed
within the prescribed time period and whether the
appellant is legally entitled to appeal .
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(Note: The Secretary shall advise the appellant by
phone and in writing should the appeal not be
properly filed and again, if not "too late",
indicate the last possible date of appeal . In this
regard, the signed appeal must be received by
registered mail or delivered in person within
fourteen (14) days of the serving of the Order).
c) establish a date for the appeal hearing before the
Property Standards Committee which shall be not
less than seven (7) days and not more than thirty
(30) days from the date of receipt of the appeal .
15) The material received from the Officer will be attached
to the letter of appeal and a number assigned to the
file. The appeal number will correspond with the
Officer's file number.
17) The Secretary will prepare a Notice of Hearing (Form
005/. .i , Appendix "F") and mail a copy to each person
who received a copy of the Officer's Order, with copies
going to the Officer and each member of the Committee.
In all cases, Notice of Hearing shall be sent by
regular mail or served personally by the Secretary or
his appointee, not less than seven (7) calendar days
prior to the hearing.
18) A mail declaration (Form 005/. .2, Appendix "F") shall
be prepared and placed in the file showing the names
and addresses of all persons notified of the hearing
and the date on which the notice was mailed.
19) The Secretary will prepare an agenda prior to the
hearing listing the appellant's name, address of the
subject land, file number, and any remarks.
20) Prior to the date for attending at the Appeal, the
Property Standards Officer arranges to have the
property reinspected and notes any changes or
improvements that may have been made to the property.
21 ) The Property Standards Officer prepares his evidence by
written summary and supporting documentation and
photographs and attends the Property Standards Appeal
Committee Hearing to defend his position.
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22) When the Committee reaches a decision on an appeal , a
"Notice of Decision" shall be prepared by the Secretary
(Form 006/. .1 , Appendix "G") and a copy of the Decision
and the "Notice of Decision" sent to all persons who
received a copy of the "Notice of Hearing".
23) The "Notice of Decision" will include information
concerning appeals to the County Court Judge, together
with a clear indication respecting the last day of
appeal . An appeal form (Form 007, Apendix "H") will be
supplied for this purpose.
24) A "Flail Declaration" (Form 006/. .2, Appendix "G") shall
be completed, signed and witnessed as sufficient
evidence of proper notice.
25) Should the "Decision" of the Property Standards
Committee not be acceptable to the Municipality or
anyone affected by the "Decision", and they exercise
their further right of appeal to the County Court, the
Property Standards Officer in association with the Town
Solicitor, shall appear before the Judge of the County
Court to defend the position taken by the Order of the
Property Standards Officer.
26) Assuming that no appeal to the Order has been
registered, the Property Standards Officer shall
monitor the subject property to ensure conformance with
the By-law and the Order and record date of all
inspections and his findings on the reference sheet
attached to the file.
a) In the event the property has not been brought into
conformity with the By-law and Order within the
specified time period, the Property Standards
Officer must review the matter with the Owner(s)
and recommend the action to be taken to obtain
compliance which could result in:
i ) charges being laid against the Owner(s) in
Provincial Court;
ii ) demolition of the property;
iii extension of time in which to comply, or;
iv) that the Town repair or demolish the property
by By-law.
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27) When the Order is eventually complied with, the
Property Standards Officer directs that the Property
Standards Clerk prepare a "Discharge of Order"
(Appendix "I") collated in the following manner:
Page One: Discharge of Order Form 008/. .1
Backing Sheet for Discharge of Order
The registered copy of the Order returned from
the Registry Office
The Discharge of Order must be signed by the Town Clerk
and duly witnessed and include the Corporation Seal .
The Town Solicitor then submits the document to the
Registry Office for proper discharge and the Property
Standards Clerk is directed to close the Case File and
record.
(dote: The discharged Order is returned by the Registry
Office and put to file. )
APPENDIX "A"
FILE NO.
THE CORPORATION OF THE TOW11 OF NEWCASTLE
TO: TOWN SOLICITOR RE:
DATE: RETURN TO THE ATTENTION OF:
REQUEST FOR SEARCH OF TITLE
We are instituting proceedings under the Property Standards By-law
No. 82-53 of The Corporation of the Town of Newcastle against lands
and premises known municipally as
, being
in the Town of Newcastle and shown on the Assessment Roll as owned
by
Would you please search the title of the above-noted property to
determine the names and addresses of the Owner or Owners, Mortgagees
and other Encumbrancers, together with registration particulars of
the pertinent documents. Would you also please search in the
Sheriff's Office for executions registered against the above lands.
Thank you in advance for your attention to this matter.
FORM 001
APPENDIX "B"
FILE NO.
THE CORPORATION OF THE TOWN OF NEWCASTLE
TAKE NOTICE THAT
SUB-STANDARD PROPERTY
This Property, described in the attached Notice or Order, has been
found not to be in conformity with the standards established by
Property By-law Number 82-63.
The attached Notice or Order is a true copy of the Notice or Order
issued under said By-law. Any person who pulls down or defaces this
placard is liable to a penalty not exceeding $500.
Dated at Newcastle this day of 19
Property Standards Officer
FORM 002/. .1
„B
FILE NO.
IN THE MATTER OF The Planning Act, R.S.O.
1980, Section 43, as amended;
AND IN THE MATTER OF By-law 82-63 of The
Corporation of the Town of Newcastle, being
a By-law for prescribing standards for the
maintenance and occupancy of property within
the Town of Newcastle;
AND IN THE MATTER OF lands and premises known
municipally as
, being
in the Town of Newcastle, in the Regional
Municipality of Durham.
NOTICE OF NON-CONFORMITY
TO:
AND TO:
TAKE NOTICE that the property owned by you or in which you
have an interest, known municipally as
, being
in the Town of Newcastle, in the Regional Municipality of Durham, and
more particularly described above, does not conform to the standards
prescribed in By-law 82-63 of The Corporation of the Town of
Newcastle, which defects are set out in Schedule "A” annexed hereto;
AND TAKE FURTHER NOTICE that the Property Standards Officer
has reserved , the day of , 19
at the hour of o'clock in the noon at the following
location:
Office of the Property Standards Officer
Town of Newcastle
Municipal Offices
HAMPTON, Ontario
for the purpose of considering whether an Order that the property be
brought into conformity with the standards of the said By-law should
FORM 002/. .2
11B
FILE NO:
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be issued, and, at that time, you or your representative are entitled
to appear before the Officer and to make such representations and to
present such evidence as you so desire;
AND FURTHER TAKE NOTICE that in the event you do not appear
before the Property Standards Officer at the appointed time, a
decision may be made by him in your absence;
AND FURTHER TAKE NOTICE that an Order may be made by the
Property Standards Officer requiring you, within a specified time, to
repair such defects, OR requiring you, within a specified time, to
clear the property of ail buildings, structures, debris and refuse
and leave the property in a graded and levelled condition. The Order
may further provide that if such repair or clearance is not done
within the specified time, the Municipality may carry out the repair
or clearance at the expense of the Owner and may recover that expense
in like manner as taxes or by action on a debt;
AND FURTHER TAKE NOTICE that you have the right to appeal
any Order made by the Property Standards Officer by sending a Notice
of Appeal by registered mail or in person to:
Secretary of the Property Standards Corimittee
Town of Newcastle
Municipal Office
HAMPTON, Ontario
LOB 1JO
within fourteen (14) days after service of the Order and that, in the
event no appeal is taken, the Order shall be deemed to have been
confirmed.
DATED at Newcastle, Ontario, this day of 19
H. G. Wight,
Property Standards Officer
Town of Newcastle
Municipal Office
HAMPTON, Ontario
LOB 1JO
COPIES FOR THE INFORMATION OF:
FORM 002/. .3
11B11
FILE NO.
SCHEDULE "A"
To the Notice of Non-Conformity given pursuant
to By-law 82-63 of The Corporation of the Town
of Newcastle, being a By-law for prescribing
standards for the maintenance and occupancy of
property within the Town of Newcastle;
re: lands and premises known municipally as
, being
in the Town of Newcastle, in the Regional
Municipality of Durham.
PARTICULARS OF NON-CONFORMITY
FORM 002/. .4
APPENIDIX "C"
FILE N0.
IN THE MATTER OF The Planning Act, R.S.O.
1980, Section 43, as amended;
AND IN THE MATTER OF By-law 82-63 of The
Corporation of the Town of Newcastle,
being a By-law for prescribing standards
for the maintenance and occupancy of
property within the Town of Newcastle;
AND IN THE MATTER OF lands and premises
known municipally as
, being
in the Town of Newcastle, in the
Regional Municipality of Durham.
AFFIDAVIT
I , of the Town of
Newcastle in the Judicial District of Durham, hereby make oath and
say as follows:
1 . I am the Property Standards Officer for The Corporation
of the Town of Newcastle, being duly appointed by
By-law No. and as such have knowledge of the
matters hereinafter deposed to.
2. I did on the day of 19 at
approximately o'clock in the noon
affix in a prominent position on lands and premises
known municipally as
, being
in the Town of Newcastle,
in the Regional iunicipality of Durham, a placard
stating that such property does not conform to the
minimum standards set out in By-law No. 82-63 of The
Corporation of the Town of Newcastle, and in what
particulars it fails to conform to the standards, a
copy of which is annexed hereto and marked Exhibit "A"
to this my affidavit.
3. I make this Affidavit believing the facts contained
herein to be true to the best of rqy knowledge.
SWORN before me at the )
Town of Newcastle in the )
Regional Municipality of )
Durham this day )
of 19 )
A Commissioner for taking Affidavits, etc.
„c„
DATED:
I14 THE MATTER OF The Planning Act, R.S.O. 1900,
Section 43, as amended;
AND IN THE MATTER OF By-law 82-63 of The
Corporation of the Town of Newcastle, being a
By-law for prescribing standards for the
maintenance and occupancy of property within the
Town of Newcastle;
AND IN THE PLATTER OF lands and premises known
municipally as
, being
in the Town of Newcastle, in the Regional
Hunicipality of Durham.
FILE NO.
AFFIDAVIT
H. G. Wight
Property Standards Officer
Town of Newcastle
Municipal Office
HAMPTON, Ontario
LOB UO
APPENDIX "D"
FILE NO.
IN THE MATTER OF THE Planning Act, R.S.O.
1980, Section 43, as amended;
AND I14 THE MATTER OF By-law 82-63 of The
Corporation of the Town of Newcastle, being
a By-law for prescribing standards for the
maintenance and occupancy of property
within the Town of Newcastle;
AND IN THE MATTER OF lands and premises known
municipally as
being
in the Town of Newcastle in the Regional
Municipality of Durham.
ORDER OF THE PROPERTY STANDARDS OFFICER
TO:
AND TO:
WHEREAS a Notice of Non-Conformity was served upon you on the
day of 19 stating that the property known
municipally as
being in the Town of
Newcastle in the Regional Municipality of Durham, does not conform to
the standards prescribed in By-law 82-63 of The Corporation of the
Town of Newcastle, which defects were set out in Schedule "A" annexed
thereto;
AND WHEREAS you were given the opportunity to meet with the
Property Standards Officer on , the day of
19 at the hour of o'clock in the noon at:
The Office of the Property Standards Officer
Town of Newcastle
Municipal Office
HAMPTON, Ontario
LOB UO
for the purpose of considering whether an Order that the property be
brought into conformity with the standards of the said By-law should
be issued and, at that time, you or your respresentative were
entitled to appear before the Officer to make such representations
and present such evidence as you so desired;
FORM 003/. .1
- 2 - "D"
FILE 140.
AND WHEREAS you were notified that in the event you did not
appear before the Property Standards Officer at the appointed time, a
decision might be made by him in your absence;
AND WHEREAS you failed to appear before the Property
Standards Officer at the appointed time;
AND WHEREAS the Property Standards officer, on the basis of
the information available to him, has decided that the property is
not in conformity with the standards of the said By-law, which
defects are set out in Schedule "A" annexed hereto;
IT IS ORDERED THAT the said property known municipally as
, being
in the Town of Newcastle, in the Regional Municipality of Durham, be
brought into conformity with the said By-law in the following
manner:
(a) the defects set forth in Part 1 of Schedule "A"
annexed hereto be repaired on or before the day
of 19 , such repairs to be effected as
set forth in Part 2 of Appendix "A" annexed hereto.
OR
(b) the site be cleared of all buildings, structures,
debris or refuse and left in a graded and levelled
condition on or before the day of
19
AND IT IS ORDERED that the demoliton of the premises and/or
the repair of the premises in accordance with the requirements herein
be in compliance with the provisions of The Ontario Building Code
Act, and other applicable municipal by-laws and Provincial by-laws
and statutes and only after the receipt of the appropriate permits.
AND IT IS ORDERED that the said property is not to be used
until it conforms to the standards of the said By-law;
AND TAKE NOTICE that in the event you fail , within the time
prescribed, to repair such defects OR to clear the site of all
buildings, structures, debris and refuse and leave the site in a
graded and levelled condition, this matter will be referred to The
Corporation of the Town of Newcastle, which Corporation may carry out
the repair or clearance of the property at the expense of the Owner,
and may recover that expense in like manner as taxes or by action on
a debt.
FORM 003/. .2
i
- 3 - "D"
FILE NO.
AND TAKE FURTHER NOTICE that you have the right to appeal
any Order made by the Property Standards Officer by sending a Notice
of Appeal by registered mail or in person to:
Secretary of the Property Standards Committee
Town of Newcastle
Municipal Office
HAMPTON, Ontario
LOB 1JO
by the day of 19 and that, in the
event no appeal is taken, the Order shall be deemed to have been
confirmed.
DATED at Newcastle, Ontario, this day of 19
H. G. Wight
Property Standards Officer
Town of Newcastle
Municipal Office
HAMPTON, Ontario
LOB lJO
FORM 003/. .3
"D"
FILE NO.
SCHEDULE "A"
To the Order of the Property Standards Officer given
pursuant to By-law 82-63 of The Corporation of the Town
of Newcastle, being a By-law for prescribing standards
for the maintenance and occupancy of property within
the Town of Newcastle,
re: lands and premises known municipally as
, being
in the Town of Newcastle, in the Regional P9unicipality
of Durham.
PARTICULARS OF NON-CONFORMITY AND REMEDIES
FORM 003/. . .4
- 2 - "D"
FILE NO.
AND WHEREAS you or your representative did appear at the
said meeting before the Officer and made such representations and
presented such evidence as you so desired;
AND WHEREAS the Property Standards officer, on the basis of
the information available to him, has decided that the property is
not in conformity with the standards of the said By-law, which
defects are set out in Schedule "A" annexed hereto;
IT IS ORDERED THAT the said property known municipally as
, being
in the Town of Newcastle, in the Regional Municipality of Durham, be
brought into conformity with the said By-law in the following
manner:
(a) the defects set forth in Part 1 of Schedule "A"
annexed hereto be repaired on or before the day
of 19 , such repairs to be effected as
set forth in Part 2 of Appendix "A" annexed hereto.
OR
(b) the site be cleared of all buildings, structures,
debris or refuse and left in a graded and levelled
condition on or before the day of
19
AND IT IS ORDERED that the demoliton of the premises and/or
the repair of the premises in accordance with the requirements herein
be in compliance with the provisions of The Ontario Building Code
Act, and other applicable municipal by-laws and Provincial by-laws
and statutes and only after the receipt of the appropriate permits.
AND IT IS ORDERED that the said property is not to be used
until it conforms to the standards of the said By-law;
A14D TAKE NOTICE that in the event you fail , within the time
prescribed, to repair such defects OR to clear the site of all
buildings, structures, debris and reTuse and leave the site in a
graded and levelled condition, this matter will be referred to The
Corporation of the Town of Newcastle, which Corporation may carry out
the repair or clearance of the property at the expense of the Owner,
and may recover that expense in like manner as taxes or by action on
a debt.
FORM 003A/. .2
°D
FILE NO.
IN THE MATTER OF THE Planning Act, R.S.Q.
1980, Section 43, as amended;
AND IN THE MATTER OF By-law 82-63 of The
Corporation of the Town of Newcastle, being
a By-law for prescribing standards for the
maintenance and occupancy of property
within the Town of Newcastle;
AND IN THE MATTER OF lands and premises known
municipally as
being
in the Town of Newcastle in the Regional
Municipality of Durham.
NOTICE OF APPEAL
I/WE
of
being the Owner/Occupant of or having an interest in lands and
premises known municipally as
being
in the Town of Newcastle, in the Regional Municipality of
Durham, hereby appeal the Order of the Property Standards
Officer, File No. for the following reasons:
DATED at this day of 19
SIGNATUR
D
DATED:
IN THE MATTER OF The Planning Act, R.S.O. 1980,
Section 43, as amended;
AND IN THE "BATTER OF By-law 82-63 of The
Corporation of the Town of Newcastle, being a
By-law for prescribing standards for the
maintenance and occupancy of property within the
Town of Newcastle;
AND IN THE 14ATTER OF lands and premises known
municipally as
, being
in the Town of Newcastle, in the Regional
Municipality of Durham.
FILE NO.
TO:
AND TO:
ORDER OF THE
PROPERTY STANDARDS OFFICER
H. G. Wight
Property Standards Officer
Town of Newcastle
Municipal Office
HAMPTON, Ontario
LOB UO
FiPPLNDIX "Ei1
DYE & DURHAM CO. LIMITED
AFFIDAVIT OF SUBSCRIBING WITNESS FORM NO. 114
I,
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
'see footnote
'tine footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred to in
the instrument.
SWORN before me at the
this day of 19
A COMMISSIONER FOR TAKING AFFIDAVITS. ETC.
" Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add"after the instrument had been read to
him and he appeared fully to understand it".Where executed under a power ofattorney insert"(name ofattorney)as attorney for(name ofparty)";and for next
clause substitute 7 verily believe that the person whose signature I witnessed was authorized to execute the instrument as attorney for(name)
AFFIDAVIT OF SUBSCRIBING WITNESS
I,
of the
in the
make oath and say:
I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
'See footnote
'See footnote
I verily believe that each person whose signature I witnessed is the party of the same name referred to in
the instrument.
SWORN before me at the
this day of 19
A COMMISSIONER FOR TAKING AFFIDAVITS. ETC.
" Where a party is unable to read the instrument or where a party signs by making his mark or in foreign characters add"after the instrument had been read to
him and he appeared fully to understand it".Where executed under a power ofattorney insert"(name ofattorney)as attorney for(name of party)';and for next
clause substitute*7 verily believe that the person whose signature I witnessed was authorized to execute the instrument as attorney for(name)".
l a 0
APPENDIX "F"
PROPERTY STANDARDS COtvMITTEE
SECRETARY
NOTICE OF HEARING
TO:
Date of Sending:
i
Address of Property Appealed Against:
TAKE NOTICE that a sitting of the Property Standards Committee will
be held on at o'clock,
in
for the purpose of hearing an appeal against an Order of the Property
Standards Officer pursuant to the Town of Newcastle Property
Standards By-law No. 82-63.
Prior to this meeting date, the Property Standards Office may contact
you to review your present situation.
If an appellant fails to appear at the hearing after having been
given the required seven days notice, the Committee may consider the
Officer's ORDER without further delay.
Secretary
Copies sent to:
FORM 005/. .1
i
11F
PROPERTY STANDARDS COMMITTEE
SECRETARY
MAIL DECLARATION
IN THE MATTER OF the transmitting of notices of a public hearing of
The Town of Newcastle Property Standards Committee held on
' 19 , in accordance with the provisions of
Section o e Plann ng Act, R.S.O. 1980, as amended.
I, , of the Town of Newcastle,
in the Regional Municipality of Durham, Secretary of the Property
Standards Committee;
DO SOLEMNLY DECLARE that on the
day of , 19 notice was given to
each of the persons listed e ow o a sitting of the Property
Standards Committee in response to an appeal lodged against an ORDER
of the Property Standards Officer, concerning property known
municipally as
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath and by virtue of "The Canada Evidence Act".
DECLARED before me at the Town )
of Newcastle, in the Regional )
Municipality of Durham, this )
dayof 19 )
)
A Commissioner, etc.
FORM 005/. .2
- ,9,6)
"Gs1
Appeal No
TOWN OF NEWCASTLE Municipal Offices
HAMPTON, Ontario
LOB 1JO
Phone: (416) 263-2231
PROPERTY STANDARDS COMMITTEE
SECRETARY
HAIL DECLARATION
IN THE MATTER OF the transmitting of decisions made by The Town of
Newcastle Property Standards Committee at or following the hearing
held on , 19 in accordance with the
provisions of Section 43 of The Planning Act, R.S.O. 1980, as
amended.
I, , of the Town of Newcastle in the
Regional Municipality of Durham, Secretary of the Property Standards
Committee:
DO SOLEMNLY DECLARE that on the day of
, 19 notice was dispatched by prepaid
registered mail to each of the persons listed below of the decision
of the Property Standards Committee in response to an appeal lodged
against an ORDER of the Property Standards Officer concerning
property known municipally as
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be
true and knowing that it is of the same force and effect as if made
under oath and by virtue of "The Canada Evidence Act".
DECLARED before me at the Town
of Newcastle, in the Regional
Municipality of Durham, this
day of 19
A Commissioner, etc.
FORM 006/. .2
APPENDIX "H"
NOTICE OF APPEAL
The Clerk of the County Court
Judicial District of Durham
605 Rossland Road East
WHITBY, Ontario
L1N 5S4
Dear Sir:
I/WE
of
being the Owner/Occupant of or having an interest in lands and
premises known municipally as
being
in the Town of Newcastle, in the Regional Municipality of Durham,
hereby appeal the Decision of the Property Standards Committee,
Appeal No. for the following reasons:
Attached hereto are:
(i ) copy of the ORDER from the Property Standards Officer;
copy of the decision reached by the Property Standards
Committee.
N.B. Copy to be sent to Town Clerk.
signature
address
FORM 007
APPENDIX "I"
FILE NO.
IN THE MATTER OF THE Planning Act, R.S.O.
1980, Section 43, as amended;
AND IN THE MATTER OF By-law 82-63 of The
Corporation of the Town of Newcastle,
being a By-law for prescribing standards
for the maintenance and occupancy of
property within the Town of Newcastle;
AND IN THE MATTER OF lands and premises
known municipally as
, being
in the Town of Newcastle, in the
Regional Municipality of Durham.
DISCHARGE OF ORDER
I,
of the
in the
Clerk of The Corporation of the Town of Newcastle, am advised that
and do verily believe that the lands and premises known municipally
as
being
in the Town of Newcastle, in the Regional
Municipality of Durham, and more particularly described in Schedule
"A" annexed hereto complies with the Order of the Property Standards
Officer dated the day of 19 , and registered
in the Registry Office for the Registry Division of Newcastle (No.
10) on the day of 19 , at minutes past
o'clock in the noon, as Instrument Number ,
and accordingly, the said Order is HEREBY DISCHARGED.
DATED at Newcastle, Ontario, this day of 19
SIGNED, SEALED AND DELIVERED )
In the presence of }
}
}
CLERK
FORM 008/. .1
I
DATED:
IN THE MATTER OF The Planning Act, R.S.O. 1980,
Section 43, as amended;
AND IN THE MATTER OF By-law 82-63 of The
Corporation of the Town of Newcastle, being a
By-law for prescribing standards for the
maintenance and occupancy of property within the
Town of Newcastle;
AND IN THE MATTER OF lands and premises known
municipally as
, being
in the Town of Newcastle, in the Regional
Municipality of Durham.
FILE NO.
DISCHARGE OF ORDER
H. G. Wight
Property Standards Officer
Town of Newcastle
Municipal Office
HAMPTON, Ontario
LOB UO
APPENDIX "G°
Appeal No
TOWN OF NEWCASTLE Municipal Offices
HAMPTON, Ontario
LOB 1J0
Phone: (416) 263-2231
PROPERTY STANDARDS COME}IITTEE
SECRETARY
NOTICE OF DECISION
registered mail
Please be advised that the attached DECISION was given by the
Property Standards Committee which sat on
to deal with an appeal by
against an ORDER of the Property Standards Officer made pursuant to
the Town of Newcastle Property Standards By-law No. 82-63 with
respect to property known municipally as
If you wish this decision may be appealed to a Judge of the County
Court within 14 days of the date of nailing of this NOTICE OF
DECISION. The appeal must be addressed to and received by the Clerk
of the County Court for the Judicial District of Durham, 605 Rossland
Road East, Whitby, Ontario, L1N 5S4 before
19 . The appeal must be filed with the Clerk of the County Court,
together with:
(a) copy of this letter with attached DECISION; and
(b) copy of the Property Standards Officer' s ORDER.
A copy of your appeal must also be forwarded to the Town Clerk of the
Town of Newcastle at 40 Temperance Street, Bowmanville, Ontario, L1C
3A6. For your convenience, an appeal form is enclosed.
cretary
DATED this day of 19
FORM 006/. .1
act