Richmond Hill Act, 1998, Town of Klees, Frank — Private Bill PR23 (36th Parliament, 2nd Session)

Bill PR23, 36-2

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Bill PR23, Richmond Hill Act, 1998, Town of

Klees, Frank

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Bill Pr23 1998

An Act respecting The Corporation of the

Town of Richmond Hill

EXPLANATORY NOTE

The purpose of the Bill is to enable the

council of the Town of Richmond Hill to exercise greater control over the

issuance of demolition permits for buildings on properties designated under the

Ontario Heritage Act or located

in an area defined as a heritage conservation district under that Act.

Bill Pr23 1998

An Act respecting The Corporation of the

Town of Richmond Hill

Preamble

The Corporation of the Town of Richmond Hill has applied for special legislation in respect of the matters set out in

this Act.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the

advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

building permit" means a building

permit issued under

section 8 of the Building

Code Act, 1992\;

Corporation" means The Corporation of

the Town of Richmond Hill;

council" means the council of the

Corporation;

designated property" means designated

property as defined in

section 26 of the Ontario Heritage Act\;

heritage conservation district" means

an area designated as such under

section 41 of the Ontario Heritage Act\;

owner" means the person registered on

title in the proper land registry office as owner.

Application in respect of designated

properties

(1) Despite

section 34 of the Ontario Heritage Act , in considering an

application under subsection 34 (1) of that Act to demolish or remove a

building or structure on a designated property, the council may refuse the

application and prohibit any work being done to demolish or remove the building

or structure.

Notice of decision

(2) The council shall within 90 days of receipt

of the completed application or such longer period as is mutually agreed upon

by the applicant and the council,

(

a) give notice of its decision under

subsection (1) to the owner and to the Ontario Heritage Foundation; and

(

b) publish its decision in a newspaper

having general circulation in the municipality.

Deemed consent

(3) If the council fails to notify the owner

under clause (2)(a), it shall be deemed to have consented to the application.

Requirements for demolition

(4) Despite subsection 34 (4) of the Ontario Heritage Act , if a council has

under subsection (1) refused an application under subsection 34 (1) of the Ontario Heritage Act , the owner of the

property shall not demolish or remove the building or structure or do any work

or cause or permit any work to be done in the demolition or removal of the

building or structure unless,

(

a) the owner has obtained a building permit

to erect a new building on the site of the building or structure sought to be

demolished or removed; and

(b) 180 days have elapsed from the date of

the decision of the council under subsection (1).

Same, transitional

(5) Despite subsection 34 (4) of the Ontario Heritage Act , if the council has,

before the coming into force of this Act, refused an application and prohibited

any work to demolish or remove any building or structure on a property for the

period of time provided for under clause 34 (2) (

b) of that Act, the owner of

the property shall not do any work or cause or permit any work to be done after

the date this Act comes into force to demolish or remove the building or

structure unless,

(

a) the owner has obtained a building permit

to erect a new building on the site of the building or structure sought to be

demolished or removed; and

(b) 180 days have elapsed from the date of

the refusal by the council of the application under clause 34 (2) (

b) of that

Act.

If work commenced

(6) Subsection (5) applies even if any work

has been commenced on the demolition or removal of a building or structure

before the coming into force of this Act.

Requirement respecting new building

(7) An owner who is refused by the council

under subsection (1) or, if before the coming into force of this Act, under

clause 34 (2) (

b) of the Ontario Heritage

Act , and who subsequently demolishes or removes or causes or

permits to be demolished or removed the building or structure in accordance

with subsection (4) or (5) shall, within two years of the commencement of the

demolition or removal, substantially complete the new building to be erected on

the site.

Application respecting buildings in heritage

conservation districts

(1) Despite sections 42 and 43 and subsection 44

(2) of the Ontario Heritage Act , in

considering an application under

section 43 of that Act to demolish or remove a

building or structure within a heritage conservation district, the council may

refuse the application and prohibit any work from being done to demolish or

remove the building or structure.

Notice of decision

(2) The council shall, within 90 days of

receipt of the completed application or such longer period as is mutually

agreed upon by the applicant and the council, give notice of its decision under

subsection (1) to the owner and, if the council fails to so notify the owner,

it shall be deemed to have consented to the application.

Requirements for demolition

(3) Despite clause 42 (

c) and subsection 44

(2) of the Ontario Heritage Act ,

if the council has under subsection (1) refused an application under

section 43

of the Ontario Heritage Act and

prohibited any work from being done to demolish or remove a building or

structure, no person shall demolish or remove the building or structure or do

or cause any work to be done in the demolition or removal of the building or

structure or any part thereof unless,

(

a) the owner has obtained a building permit

to erect a new building on the site of the building or structure sought to be

demolished or removed; and

(b) 180 days have elapsed from the date of

the decision of the council under subsection (1).

Same, transitional

(4) Despite

section 42 and subsection 44

(2) of the Ontario Heritage Act , if

the council has, before the coming into force of this Act, refused an

application under subsection 43 (2) of that Act, no person shall do any work or

cause any work to be done after the date this Act comes into force to demolish

or remove the building or structure unless,

(

a) the owner has obtained a building permit

to erect a new building on the site of the building or structure sought to be

demolished or removed; and

(b) 180 days have elapsed from the date of

the refusal by the council of the application under subsection 43 (2) of that

Act.

If work commenced

(5) Subsection (4) applies even if any work

has been commenced on the demolition or removal of a building or structure

before the coming into force of this Act.

Requirement respecting new building

(6) A person who is refused by the council

under subsection (1) or, if before the coming into force of this Act, under

subsection 43 (2) of the Ontario Heritage

Act , and who subsequently demolishes or removes or causes or

permits to be demolished or removed the building or structure in accordance

with subsection (3) or (4) shall, within two years of the commencement of the

demolition or removal, substantially complete the new building to be erected on

the site.

Relief from time restriction

(1) A person who has been refused by the council

under subsection 2 (1) or 3 (1) of this Act, or under clause 34 (2) (

b) or

subsection 43 (2) of the Ontario Heritage

Act , may apply to the council for relief from the requirement

imposed by subsection 2 (7) or 3 (6) if that person considers that,

(

a) it is not possible to complete a new

building within the two-year period specified in subsection 2 (7) or 3 (6); or

(

b) the construction of a new building has

become not feasible on economic or other grounds.

Notice

(2) Notice of the application under

subsection (1) shall be sent by registered mail to the clerk of the Corporation

not less than 45 days before the expiry of the two-year period within which the

new building is to be substantially completed.

Relief

(3) If the council extends the time under

section 5 for completion of the new building, the applicant may apply for

relief from the extended completion time if the applicant considers that,

(

a) it is not possible to complete a new

building in the extended time; or

(

b) the construction of a new building has

become not feasible on economic or other grounds.

Notice

(4) Notice of the application under

subsection (3) shall be sent by registered mail to the clerk of the Corporation

not less than 90 days before the expiry of the extended completion time.

Council may grant relief

(1) The council shall consider an application under

section 4 and may,

(

a) extend the time for completion of the

new building; or

(

b) relieve the applicant from the

requirement of constructing the new building.

Where time extended

(2) If time is extended under clause (1)

(a), the applicant shall complete the new building within the extended time.

Where relief granted

(3) If relief is granted under clause (1)

(b), the applicant shall thereafter be deemed not to have contravened this Act

by failing to substantially complete the new building.

Appeal to OMB

(1) Any person who has made application under

section 4 may appeal to the Ontario Municipal Board,

(

a) from the decision of the council; or

(

b) from the refusal or neglect of the

council to make a decision within 30 days after the receipt by the clerk of the

application.

Same

(2) An appeal under subsection (1) shall be

made within 20 days after the mailing of the notice of decision or after the

expiration of the 30-day period set out in clause (1) (

b) and the Board shall

hear the appeal and the Board on the appeal has the same powers as the council

has under

section 5.

Decision final

(3) The decision of the Board is final.

Extension of time

(4) If an appeal has been made to the Board

under subsection (1), the two-year period within which the new building is to

be substantially completed shall be deemed to be extended to the date of the

Board's decision.

Dismissal of appeal

(5) If the Board dismisses an appeal from a

decision of the council under subsection (1), the Board may extend the time for

completing the new building for such further period as the Board considers

reasonable and the decision of the Board is final.

Where time extended

(6) If the Board has extended the time for

completion of the new building under subsection (2) or (5), the applicant shall

substantially complete the new building within the extended time.

Service

(1) Any notice required to be given, delivered or

served under this Act is sufficiently given, delivered or served if delivered

personally or sent by registered mail addressed to the person to whom delivery

or service is required to be made at that person's last known address.

Same

(2) If service is made by mail, the service

shall be deemed to be made on the seventh day after the day of mailing unless

the person on whom service is being made establishes that the notice was not

received until a later date through absence, accident, illness or other cause

beyond that person's control.

Publication

(3) Any notice required to be published in a

newspaper having general circulation in the municipality shall be published in

that newspaper once for each of three consecutive weeks.

Offence

(1) Subject to subsection (2), every person who

knowingly furnishes false information in any application under this Act or in

any statement, report or return furnished under this Act and every director or

officer of a corporation who knowingly concurs in the contravention is guilty

of an offence and on c

Document details

Collection	Ontario — Bills
Citation	Bill PR23, 36-2
Type	bill
Volume / chapter	p36 s2 bill pr23 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1baafe6448918135176958c896f671bae14f86fc

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