Ottawa Act (Consolidation of Special Acts), 2001, City of Guzzo, Garry J. — Private Bill PR21 (37th Parliament, 2nd Session)

Bill PR21, 37-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill PR21, Ottawa Act (Consolidation of Special Acts), 2001, City of

Guzzo, Garry J.

Please select

View bill

Status

Original

As Amended by Standing Committee

Royal Assent

[37] Bill 21 Royal Assent (PDF)

Bill Pr21 2001

An Act respecting

the City of Ottawa

Preamble

The council of the City of Ottawa 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:

PART I

DEFINITIONS

Definitions

1. In this Act,

"city" means the municipal corporation known as the City of Ottawa or the

geographic area of the City of Ottawa, as the context requires;

"city council" means the council of the City of Ottawa.

PART II

GARBAGE REMOVAL, GRASS

AND WEEDS ON BOULEVARDS

By-laws respecting garbage removal,

grass and weeds on boulevards

(1) City council may pass

by-laws,

(

a) requiring the owners of land to clear away and remove garbage or other

debris at their own expense from the highways abutting their land, except the

portions of the highways used for motor vehicle traffic;

(

b) prescribing standards for the cutting of grass or weeds on highways,

except the portions of the highways used for motor vehicle traffic;

(

c) requiring the owners of land to cut the grass and weeds at their own

expense on the highways abutting their land, except the portions of the

highways used for motor vehicle traffic, in accordance with the standards

prescribed under clause (b), whenever the growth of grass or weeds exceeds 10

centimetres in height or such greater height as the by-law may provide, and

to remove the cuttings at their own expense;

(

d) exempting one or more classes of owners from doing the things

described in clauses (

a) and (c); and

(

e) authorizing the city to direct an owner of land to do the things

described in clauses (

a) and (c).

Different standards and requirements may apply

(2) A by-law passed under subsection (1) may provide that

different standards and requirements apply to different areas of the city or

to different highways or parts of highways or that any provision of the

by-law does not apply to any area of the city or to any highway or part of a

highway.

Notice

(3) Before passing a by-law under subsection (1), city council

shall give public notice of its intention to do so in a form and in the

manner and at the times that city council considers adequate to give

reasonable notice.

Notice

(1) No step shall be taken to

enforce a by-law passed under

section 2 until the owner of the land has been

given a written notice requiring compliance with the by-law within the time

specified in the notice but no sooner than 72 hours after the giving of the

notice.

Service

(2) The notice may be given by personal service upon the person

to whom it is directed or by sending it by certified mail to that person.

Same

(3) A notice sent by certified mail shall be sent to the last

known address of the person to whom it is directed and it shall be deemed to

have been given on the day it is delivered to that address.

Default

4. If an owner of land fails to comply with a

by-law passed under

section 2 within the time specified in the notice given

under

section 3, the city may do the work or arrange for the work to be done

and the city may recover all expenses, including administrative fees, from

the owner by action or it may collect them in like manner as municipal

taxes.

Highway right of way

5. Nothing in this Part affects any right or

duty of the city with respect to any highway right of way.

PART III

GENERAL ENFORCEMENT OF BY-LAWS

General enforcement of by-laws

(1) Any police officer, police

cadet, municipal law enforcement officer or any person authorized by by-law

to enforce a by-law passed by city council who has reason to believe that any

object or vehicle has been placed or abandoned on the property of the city,

including a highway, in contravention of the by-law may cause the object or

vehicle to be moved and stored in a suitable place.

Removal and storage

(2) Before causing the object or vehicle to be moved and stored

in a suitable place, the police officer, police cadet, municipal law

enforcement officer or any person authorized by by-law to enforce the by-law

may, after producing appropriate identification and informing the person, if

any, in charge of the object or vehicle that it is placed or abandoned

contrary to the by-law and upon giving a receipt for it to that person, cause

the object or vehicle to be moved and stored in a suitable place.

Lien

(3) Subject to subsections (4) and (5), all costs and charges

for the removal, care and storage of any object or vehicle under the by-law

are a lien upon it that may be enforced by the city in the manner provided by

the Repair and Storage Liens Act .

Objects or vehicles not claimed

(4) An object or vehicle moved and stored in accordance with

subsection (1) and not claimed by the owner within 60 days is the property of

the city and may be sold and the proceeds shall form part of the general

funds of the city.

Perishable objects

(5) Despite subsection (4), any perishable object is the

property of the city upon being moved in accordance with subsection (1) and

may be destroyed or given to a charitable institution.

Limitation

(6) Subsection (1) does not apply to motor vehicles displaying

valid number plates issued under the authority of the Highway Traffic

Act or the law of another jurisdiction.

PART IV

HERITAGE PROPERTIES

Definitions

7. In this Part,

"building permit" means a building permit issued under

section 8 of the

Building Code Act, 1992 ;

"designated property" means designated property as defined in

section 26

of the Ontario Heritage Act ;

"heritage conservation district" means an area designated as a heritage

conservation district under

section 41 of the Ontario Heritage

Act ;

"owner" means, with respect to property, the person registered on title in

the proper land registry office as owner.

Application to demolish, etc., on designated

properties

(1) City council may refuse an

application made under subsection 34 (1) of the Ontario Heritage Act

to demolish or remove a building or structure on a designated property and

may prohibit any work being done to demolish or remove the building or

structure, and may do so despite

section 34 of the Ontario Heritage

Act .

Notice of decision

(2) Within 90 days after receiving the completed application or

within such longer period as the applicant and city council may agree upon,

city council shall,

(

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

city.

Deemed consent

(3) If city council does not give the owner notice of its

decision in accordance with clause (2) (a), city council shall be deemed to

have consented to the application.

Requirements for demolition

(4) If city council refuses the application, the owner shall

not demolish or remove the building or structure or do any work or permit any

work to be done to demolish or remove it 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 city council's decision under

subsection (1) to refuse the application.

Same, transition

(5) If, before this

Part comes into force, city council has

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

Act and has prohibited any work to be done to demolish or remove any

building or structure on a property for the period of time specified under

clause 34 (2) (

b) of that Act, the owner shall not do any work or permit any

work to be done after this

Part 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 city council's decision under

clause 34 (2) (

b) of that Act to refuse the application.

Same, work has commenced

(6) Subsection (5) applies even if work has begun on the

demolition or removal of a building or structure before this

Part comes into

force.

Same

(7) Subsections (4), (5) and (6) apply despite subsection 34

(4) of the Ontario Heritage Act .

Requirement re new building

(8) An owner who demolishes or removes a building or structure

under the authority of subsection (4) or (5) or who permits it to be

demolished or removed under that authority shall substantially complete the

required new building on the site within two years after the demolition or

removal has begun.

Application to demolish, etc., in heritage conservation

districts

(1) City council may refuse an

application made under

section 43 of the Ontario Heritage Act to

demolish or remove a building or structure within a heritage conservation

district and may prohibit any work from being done to demolish or remove the

building or structure, and may do so despite sections 42 and 43 and

subsection 44 (2) of the Ontario Heritage Act .

Notice of decision

(2) Within 90 days after receiving the completed application or

within such longer period as the applicant and city council may agree upon,

city council shall give notice of its decision under subsection (1) to the

owner.

Deemed consent

(3) If city council does not give the owner notice of its

decision in accordance with subsection (2), city council shall be deemed to

have consented to the application.

Requirements for demolition

(4) If city council refuses the application, no person shall

demolish or remove the building or structure or do any work or permit any

work to be done to demolish or remove it 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 city council

under subsection (1) to refuse the application.

Same, transition

(5) If, before this

Part comes into force, city council has

refused an application under subsection 43 (2) of the Ontario Heritage

Act , no person shall do any work or cause any work to be done after this

Part 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 city council's decision under

subsection 43 (2) of that Act to refuse the application.

Same, work has commenced

(6) Subsection (5) applies even if work has begun on the

demolition or removal of a building or structure before this

Part comes into

force.

Same

(7) Subsections (4), (5) and (6) apply despite

section 42 and

subsection 44 (2) of the Ontario Heritage Act .

Requirement re new building

(8) A person who demolishes or removes a building or structure

under the authority of subsection (4) or (5) or permits it to be demolished

or removed under that authority shall substantially complete the required new

building on the site within two years after the demolition or removal has

begun.

Application for relief re new building

(1) If, under subsection 8

(8) or 9 (8), a person is required to substantially complete a new building

within two years after beginning the demolition or removal of a building or

structure, the person may apply to city council for relief from that

requirement,

(

a) if the applicant considers that it is not po

Document details

Collection	Ontario — Bills
Citation	Bill PR21, 37-2
Type	bill
Volume / chapter	p37 s2 bill pr21 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b8c6095da3014275dfa046efc48523b471c9f277

Source file is stored in the law ingest library (html).