4006 To prohibt and regulate the fortification and protective elements to land within the Town of TillsonburgTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4006
A By-law to Prohibit and Regulate the Fortification and Protective Elements to
Land within the Town of Tillsonburg.
WHEREAS the Council ("Council") of The Corporation of the Town of Tillsonburg (the "Town")
deems it to be in the interest of public health, safety and well-being to regulate fortification and
protective elements with respect to land, and particularly to ensure that such fortification and
protective elements do not hinder the lawful access to and egress from land, building and
structures by law enforcement officers, emergency services personnel and the public;
AND WHEREAS lawful access to and escape from land, buildings and structures by law
enforcement officers, emergency services personnel and the public may limit danger and
damage to persons and property during emergency situations;
AND WHEREAS the Town is responsible for the enforcement of the Building Code Act, 1992,
S.O. 1992, c. 23, as amended (the "Building Code Act'), pursuant to section 3 of the Building
Code Act,
AND WHEREAS the Town may enact by-laws to deal with fortification and protective elements
in respect of land and land use, including by regulation or prohibition, pursuant to 8 -11 and 133
of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Municipal Act');
AND WHEREAS the Chief Building Official shall refuse to issue a building permit pursuant to s.
8 of the Building Code Act if the proposed building, construction or demolition will contravene
applicable law, and a by-law passed under s. 133(4) of the Municipal Act is applicable law
pursuant to subclause 1.4.1.3.(1)(b)(iv) of 0. Reg. 332/12 as amended (the "Building Code");
AND WHEREAS the Town may enact by-law provisions that (without limitation) create offences,
impose fines, authorize orders to achieve compliance or discontinue contraventions, authorize
inspections, authorize remedial work and provide for the collection of remediation costs,
pursuant to Part XIV of the Municipal Act, including sections 425, 429, 435 -438, 441.1 and
444-446;
AND WHEREAS Council deems the process herein of considering, granting and refusing
exemptions under this by-law to be a minor and administrative matter, and wishes to delegate
such tasks to the Chief Building Official or his or her deputies or designates pursuant to Part I of
the Municipal Act, including particularly sections 23.1, 23.2 and 23.5, particularly since Council
may revoke such delegation at any time, and since the exemptions provided for would be limited
to particular properties and limited in their impact on the duties of law enforcement officers and
emergency services personnel;
NOW THEREFORE Council enacts as follows:
1.0 SHORT TITLE
1.1 This By-law may be cited as the "Fortification By-law."
2.0 DEFINITIONS AND INTERPRETATION
In this by-law, unless the context otherwise requires:
2.1 "Application" means:
(a) the application, erection, installation, deployment or placement of one or
more Elements on or to Land; or
(b) the application, erection, installation, deployment or placement of one or
more Elements on or to one or more Structures;
2.2 "Building Code" means Ontario Regulation 332/12, as amended, or any
successor regulation;
2.3 "Building Code Acf' means the Building Code Act, 1992, S.O. 1992, c 23, as
amended;
2.4 "Chief Building Official" means the chief building official appointed by Council
pursuant to Section 3(2) of the Building Code Act;
2.5 "Construct" means to do anything in the erection, installation, extension or
material alteration or repair of a Structure, including (without limitation):
(a) the Application of Elements on or to Land or Structures;
(b) "construction" as defined in the Building Code Act; and
(c) the installation of a Structure fabricated or moved from elsewhere; and
has a corresponding meaning;
2.6 "Council" means the Council of the Town;
"Construction
2.7 "Element" means a feature, component, material, device, product or contrivance,
whether natural or artificial, and includes (without limitation) Protective Elements
and Excessive Protective Elements;
2.8 "Emergency Services Personnel" means personnel who respond in cases
of specific or general emergency and may require access to or egress from
Land while acting under statutory or common law duty or authorization, and
includes (without limitation):
(a) emergency response or law enforcement personnel acting in the
employment or under the authority of a municipal, provincial, or federal
organization or Crown agency, regardless of its ordinary location of
operation, and including (without limitation) the following organizations or
agencies:
i. any police service;
ii. any emergency medical or paramedic service;
iii. Oxford County Emergency Services; and
iv. any fire protection service (whether volunteer or not);
(b) emergency response or law enforcement personnel acting under a mutual
or automatic aid agreement with an organization covered by (a) above; and
(c) any person acting under the direction of personnel otherwise covered by this
definition;
2.9 "Excessive Fortification" means Fortification that has the purpose or
plausible effect of hindering, restricting, obstructing or prohibiting Lawful access
to or from Land or Structures, including (without limitation) the following:
(a) the Application of any steel plate, steel bar, bullet-resistant shutter or
wire mesh exceeding 10 gauge on any window or other opening of a
Structure, but not including steel bars on a basement window or basement
opening;
(b) the Application of one or more bricks or concrete blocks, or of other
masonry or similar Elements, with the purpose or effect of obstructing any
doorway, window or other exterior entrance or egress to Land or a
Structure, whether such obstruction is partial or complete;
(c) the Application of steel sheeting or one or more plates or similar Elements
to interior or exterior walls of a Structure, designed or intended to protect
against firearms, artillery, explosives, vehicle impact and the like;
(d) the Application of bullet-resistant or bullet-proof Elements, including (without
limitation) glass, to windows or doors;
(e) the Application of armor-plated or reinforced doors, whether exterior or
interior, designed or intended to resist against firearms, artillery,
explosives, battering rams, vehicle impact or the like; or
(f) the Construction (including the Application) of pillars, cones, barriers out of
concrete, steel, or other solid building material, that are designed or
intended to damage a conventional motor vehicle or to block access to any
Land or Structure by conventional motor vehicle at ordinary points of entry
for such vehicles;
2.10 "Excessive Protective Element" means any Protective Element used,
maintained, Constructed or designed for surveillance purposes, or with a purpose
or plausible effect of hindering, restricting, obstructing or prohibiting Lawful
access to or egress from Land, and includes (without limitation) the following:
(a) an electronic or other form of perimeter warning device or system designed
to warn of entry onto the perimeter of Land from adjoining Land or
roadways, including (without limitation) "laser eyes";
(b) electrified fencing or any similar barrier;
(c) a weapon, or any other thing that is likely to cause death or serious
injury when activated by entry onto Land or into a Structure, whether by
design or otherwise, including (without limitation) traps, electrified doors or
windows, land mines and other explosive devices;
(d) chemical or toxic agents placed or used with the purpose or plausible
effect of hindering, restricting, obstructing or prohibiting access to or exit
from Land or a Structure, including (without limitation) a device that,
when triggered, releases a chemical, odour, or contaminant tending to
cause discomfort or harm;
(e) noxious plants that are planted, used or maintained with the purpose or
plausible effect of hindering, restricting, obstructing or prohibiting access to
or exit from Land or a Structure, including (without limitation) stinging
nettles, giant hogweed and wild parsnip; and
(f) devices that will deflate the tires of vehicles if driven over or otherwise
activated, including (without limitation) "tiger teeth strips";
2.11 "Fire Chief' means the fire chief appointed by Council pursuant to section 6
of the Fire Protection and Prevention Act, or his or her deputy or designate;
2.12 "Fire Code" means Ontario Regulation 213/07, as amended, or any
successor regulation;
2.13 "Fire Protection and Prevention Acf' means the Fire Protection and
Prevention Act, 1997, S.O. 1997, c.4, as amended;
2.14 "Fortification" means the use, maintenance or Construction of Structures
or Elements in a manner that has the purpose or plausible effect of
hindering, restricting, obstructing, or prohibiting certain access to or egress
from Land or a Structure, and includes Excessive Fortification, and "Fortify"
has a corresponding meaning;
2.15 "Land" means "land" as defined at section 133 of the Municipal Act;
2.16 "Law Enforcement Officer'' or "Officer'' includes:
(a) a Police Officer as defined in Section 2 of the Police Services Act, R.S.O.
1990, c. P. 15, as amended;
(b) a Municipal By-Law Enforcement Officer appointed by Council or its
designate pursuant to subsection 15(1) of the Police Services Act, R.S.O.
1990, c. P. 15, as amended, including (without limitation) a Property
Standards Officer;
(c) the Chief Building Official, or designate appointed under subsection 3(2) of
the Building Code Act;
(d) an Inspector appointed under subsection 3(2) of the Building Code Act, and
(e) the Fire Inspector, including the Fire Marshal, assistant to the Fire Marshall
or a Fire Chief as provided for under Part VI, section 19( 1) of the Fire
Protection and Prevention Act;
2.17 "Lawful" means in accordance with the common law, statutes and regulations
of Canada and Ontario, the by-laws of the County of Oxford and the by-laws
of the Town other than this By-law;
2.18 "Municipal Act' means the Municipal Act, 2001, S.O. 2001, c. 25;
2.19 "Occupant" means a person residing on or in immediate possession of Land
or a part of Land;
2.20 "Owner" means a Person who has registered title to Land, and includes
the heirs, executors, administrators or successors and assigns of such Person;
2.21 "Person" means an individual, firm, corporation, association or partnership;
2.22 "Protective Elements" means any Element used, Maintained, Constructed
or designed with a purpose or plausible effect of hindering, restricting,
obstructing or prohibiting certain access to or egress from Land, and includes
(without limitation) Excessive Protective Elements;
2.23 "Structure" means any structure, building, erection or physical barrier on Land,
or attachment thereto, and includes (without limitation) mobile homes, mobile
buildings, mobile structures, outbuildings and fences; and
2.24 "Town" means The Corporation of The Town of Tillson burg.
3.0 Nothing in this By-Law shall be interpreted to prevent compliance with the other
requirements which may apply to Land or Structures pursuant to the statutes and
regulations of Canada and Ontario, including (without limitation) building, fire or electrical
safety codes under Provincial law.
4.0 GENERAL PROHIBITIONS
4.1 No Person shall:
(a) Construct, cause or permit the Excessive Fortification of any Land or
Structure; or
(b) Construct, cause or permit Excessive Protective Elements on any Land or
Structure.
4.2 For greater clarity, the prohibition at subsection 4.1 above includes (without
limitation) Excessive Fortification or Excessive Protective Elements already
existing on the day this By-law is passed.
4.3 No Person shall:
(a) hinder, restrict, obstruct or prohibit any Law Enforcement Officer or other
Person exercising a power or performing a duty under this By-law or any
Persons assisting such Officers, including (without limitation) Emergency
Services Personnel;
(b) attempt any of the conduct described in subclause 4.3(a) above; or
(c) permit another Person to perform or attempt any of the conduct described
in subclause 4.3(a) above.
5.0 GENERAL EXEMPTIONS
5.1 Subsections 4.1 and 4.2 above do not apply to:
(a) any Land or Structure owned or occupied by any department or agency of
the Government of Ontario or the Government of Canada, including
(without limitation) detention centres;
(b) any Land or Structure occupied exclusively as shelters for abused
Persons, or similar charitable or non-profit aid agencies, if the Chief
Building Official is satisfied in his or her sole discretion that security of the
occupants is essential to the charitable purpose or aid;
(c) any Land or Structure owned and occupied by the Town or by the County
of Oxford;
(d) any Land or Structure owned or occupied by a police service, including
(without limitation) the Ontario Provincial Police and the Royal Canadian
Mounted Police, or to Lawful the activities of such police services,
including (without limitation) the monitoring carried out by the Ontario
Provincial Police with Town consent;
(e) the Lawful use of Land or a Structure in accordance with a special
exemption or approval granted pursuant to this By-law, including all
applicable conditions;
(f) the Lawful operation of a financial institution listed in Schedule I, II or Ill of
the Bank Act, S.C. 1991, c. 46, as amended;
(g) the use of electrified fencing by agricultural operations for the purpose of
controlling the movement of livestock;
(h) the use by public authorities of bollards or similar barriers at entrances to
recreational trails or other recreational or public Lands, to limit access by
motor vehicles;
(i) the establishment and use of a single panic room in a residential dwelling
unit, provided that:
i. the room is interior to the building, without either use of exterior
walls or direct access to the exterior of the building;
ii. the room does not exceed an interior area of 10 square meters;
and
iii. the room does not contain any fuel fired appliances or plumbing
fixtures, and otherwise complies with the Building Code;
0) the Application or use of commercially marketed household security
devices designed and Applied for the purpose of providing reasonable
protection from theft or other criminal activity against the Person or
property of an individual;
(k) the Application or use of electronic or other forms of warning device or
system, inCluding (without limitation) "laser eyes", on windows or doors for
the purpose of providing reasonable warning to Occupants or to alert
Emergency Services Personnel of criminal entry to Land or a Structure;
(I) alterations or renovations that are common, purely aesthetic and Lawful;
(m) alterations or renovations required for compliance with the Building Code
or Fire Code;
(n) the installation of protective or warning devices for the detection of
smoke, carbon dioxide gas, carbon monoxide gas or fire pursuant to the
Building Code or Fire Code or to provide early notice or in response to
smoke, gas or fire conditions, or to alert Emergency Services Personnel
to one or more such conditions;
( o) the securing or closing of any openings of a vacant building or that of a
building which has sustained fire or other accidental structural damage as
required under the Town's Property Standards By-Law, or by an order
issued under the Fire Protection and Prevention Act, or
(p) any normal farm practice carried on as part of an agricultural operation
pursuant to the Farming and Food Protection Act, 1998, S.O. 1998, c. 1.
6.0 APPLICATION FOR SPECIAL EXEMPTION
6.1 The Owner of Land, or an Occupant with the Owner's consent, may apply for a
partial or complete exemption from subsections 4.1 and 4.2 above by submitting
a complete application in the form prescribed by the Chief Building Official.
6.2 The application referred to in subsection 6.1 above shall include (without
limitation) the following, with respect to all affected Lands and Structures:
(a) the Applicant's name, business address, phone number, fax number and
email address;
(b) if the Applicant is a corporation or partnership, the name, residential
address, phone number and email address of each Person who is a
director, officer or partner;
(c) if the applicant is an Occupant but not the Owner, the signed consent of
the Owner and each other Occupant of the Land;
(d) the applicable fees set out in the Town's Rates & Fees By-Law;
(e) legal description and municipal address;
(f) zoning status, current use and intended use (if different from current use);
(g) a survey prepared within the last five years;
(h) all consents and contact information necessary to allow the Town to
attend and inspect the Lands and Structures in assessing the application
or compliance with this By-law, including (without limitations) all conditions
of any special exemption;
(i) a detailed, scaled plan of all proposed Fortifications and Protective
Elements; and
OJ the nature of the special exemption requested and the reasons for the
request.
7.0 REVIEW OF APPLICATIONS BY CHIEF BUILDING OFFICIAL
7.1 The Chief Building Official shall review all complete applications under section 6.
7.2 The Chief Building Official may require additional information that shall be
provided at the effort and expense of the applicant, including (without limitation):
(a) requests for further details or documentation from the applicant;
(b) requiring the provision of any further or other documents considered to be
necessary or relevant to the investigation of the application;
(c) making inquiries of any department of local, provincial or federal
government considered necessary and/or relevant to the investigation of
the application; and
(d) making inquiries and requesting input from local fire, police and
ambulance services or any other department that may have an interest,
issue or concern with the application.
7.3 When considering an application for a special exemption from subsections 4.1
and 4.2, the Chief Building Official shall have regard for the following factors
(without limitation):
(a) the provisions of any applicable site plan agreement;
(b) special circumstances or conditions which currently apply to the Land or
Structure are being proposed within the application;
(c) whether strict application of the provisions of this By-law would result in
difficulties, unnecessary or undue hardship for the applicant that would be
inconsistent with the objectives of this By-law; and
(d) whether granting the requested special exemption would maintain the
general intent and purpose of this By-law.
7.4 The Chief Building Official may in his or her sole discretion issue a partial or
complete exemption from subsections 4.1 and 4.2 to certain Lands, Structures or
uses thereof, provided that:
(a) the Chief Building Official has reviewed a complete application;
(b) the nature and extent of the special exemption does not exceed
that which is rationally proven, to the satisfaction of the Chief Building
Official reviewing the application, to be necessary;
(c) the special exemption will not unreasonably interfere with access to or
egress from the Lands or Structures in question by Emergency Services
Personnel; and
(d) the Chief Building Official has determined that the special exemption is
not likely to result in a contravention of the Building Code.
7.5 Subject to subsection 7.6, the Chief Building Official may impose time limits or any
other reasonable conditions on a special exemption as the Chief Building Official
deems appropriate in his or her sole discretion.
7.6 In addition to any conditions specified by the Chief Building Official, the following are
deemed conditions of any approval of a special exemption under this By-law:
(a) all authorized Fortifications and Protective Elements must be Constructed and
maintained Lawfully, and in accordance with the plans and specifications
approved by the Chief Building Official;
(b) inspections are allowed as reasonably required to confirm that the
authorized Fortifications and Protective Elements comply with the approval
conditions and all provisions of this By-law;
(c) the exemption applies only to the Land or Structures specified therein, and
is not transferrable to other Lands or Structures;
(d) the applicant must advise and provide details to any new Owner or Occupant
of the Land or Structure about the exemption and features of the authorized
Fortifications and Protective Elements;
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(e) the exemption expires upon any change of the primary use of the Land or
Structure; and
(f) the exemption shall in no way be construed or interpreted as an
exemption, limitation or excuse from a Person's requirement to comply
with the statutes and regulations of Canada and Ontario, the by-laws of the
County of Oxford or the by-laws of the Town.
7.7 Council hereby delegates decision-making authority to the Chief Building Official with
regard to the issuance or denial of exemptions under this By-law, as Council is of the
opinion that the delegated powers are of a minor nature. '
8.0 APPROVED SPECIAL EXEMPTIONS
8.1 Upon deciding to grant or refuse a special exemption, the Chief Building Official
shall:
(a) provide notice to the applicant; and
(b) promptly forward the exemption form and application materials, including
the approved plans and designs, to the Chief of Police or the District
Commander of the Tillsonburg branch of the Ontario Provincial Police, the
Fire Chief and the Director of Emergency Services of the County of
Oxford, and to such other agencies or organizations that the Chief
Building Official deems appropriate.
8.2 A granted special exemption shall be documented in the form prescribed by the
Chief Building Official, shall make reference to this By-law and shall bear the
signature of the Chief Building Official.
8.3 The Chief Building Official may revoke a special exemption if:
(a) it was issued on mistaken, false or incorrect information;
(b) one or more conditions of the special exemption has not been complied
with;
(c) it was issued in error;
(d) there has been a material change in the circumstances, conditions or
facts upon which the original exemption was based; or
(e) the holder requests in writing that it be revoked.
9.0 NOTICE
9.1 Any notice pursuant to this By-law may be given in writing in any of the following
ways and is effective:
(a) on the date on which a copy is delivered to the Person to whom it is
addressed;
(b) on the fifth day after a copy is sent by registered mail to the Person's last
known address;
(c) upon the conclusion of the transmission of a copy by facsimile to the
Person's last known facsimile number; or
(d) upon the sending of a copy by email transmission to the Person's last
known email address.
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1 0.0 APPEAL OF DECISIONS
10.1 A Person who considers themself aggrieved by an order or decision made by the
Chief Building Official or a designate may appeal the order or decision to the
Superior Court of Justice within 20 days after the order or decision is made,
pursuant to section 25 of the Building Code Act.
11.0 ADMINISTRATION AND ENFORCEMENT
11.1 The Chief Building Official is authorized to administer and enforce this By-law,
including the taking of such steps, arranging assistance or work by Town staff or
agents, and for the issuance of orders and imposition of conditions as necessary
to ensure compliance with this By-law, for arranging for the obtaining of court
orders or warrants as may be required, and for commencing such actions on
behalf of the Town to recover costs or restrain contravention of the By-law as are
deemed necessary.
11.2 The Chief Building Official may assign Officers to enforce this By-law who shall
have the authority to carry out inspections, make directions, orders to discontinue
contravening activities or to do work to correct contraventions, to give immediate
effect to any order and otherwise enforce this By-law, and the Chief Building
Official may assign duties or delegate tasks under this By-law to be carried out in
the Chief Building Official's absence or otherwise, and may request the
assistance of police officers for enforcement including obtaining orders for entry
as may be required.
11.3 Subject to sections 435 and 437 of the Municipal Act, including the provision of
notice to an Occupant when required and production of the Officer's identification
when requested, an Officer may enter Land or a Structure at any reasonable time
for the purpose of carrying out an inspection to determine whether or not the
following are being complied with:
(a) this By-law;
(b) a direction, authorization, requirement, condition or order made under this
By-law; or
(c) an order made under section 431 of the Municipal Act, 2001 in respect of
a contravention of this By-law.
11.4 No Person shall remove an order, notice or direction posted on Land or a
Structure indicating it was posted under this By-law, except an Officer.
11.5 An Officer may, for the purposes of an inspection under this By-law:
(a) require the production for inspection of documents or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any Person concerning a matter related to the
inspection, including (without limitation) requiring expert or other
examinations, testing, reports or as Constructed plans to be obtained and
provided; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
11.6 A receipt shall be provided for any document or thing removed under subsection
11.5 and the document or thing shall be promptly returned after copies or extracts
are made.
11.7 Any sampling done during an inspection shall be done in accordance with
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subsections (3) and (4) of section 436 of the Municipal Act.
11.8 An inspection requirement, direction or order made to a Person under this
section may be given verbally, but where the town intends to act upon such
matter at the expense of the Person, the requirement, direction or order shall be
made in writing and provided to the Person in accordance with the notice
provisions of this By-law.
11.9 An Officer may undertake an inspection pursuant to an order of a court issued
under section 438 of the Municipal Act, provided however that in the case of an
order authorizing an inspection of a room or place actually being used as a
dwelling the Occupant is given notice concerning when the inspection will be
carried out.
11.10 For the purposes of appeal, any order made by an Officer other than the Chief
Building Official will be deemed to be an order of the Chief Building Official.
12.0 ORDER TO DISCONTINUE ACTIVITY
12.1 Without limiting the orders that the Chief Building Official or designate may make
pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-
law has occurred, the Officer may make an order requiring the Person who
contravened the By-law or who caused or permitted the contravention or who is
the Owner or Occupant of the Land or Structure on which the contravention
occurred to discontinue the contravening activity.
12.2 An order under this section shall set out:
(a) reasonable particulars adequate to identify the contravention to be
discontinued and the location of the Land or Structure on which the
contravention occurred; and
(b) the deadline for compliance.
12.3 An order under this By-law shall be delivered in accordance with the notice
provisions of this By-law.
13.0 WORK ORDER
13.1 Without limiting the orders that the Chief Building Official or designate may make
pursuant to this By-Law, if an Officer is satisfied that a contravention of this By-
law has occurred, the Officer may make an order requiring the Person who
contravened the By-law or who caused or permitted the contravention or who is
the Owner or Occupant of the Land or Structure on which the contravention
occurred to do work to correct the contravention.
13.2 Subject to subsection 13.3, an order under this section shall set out:
(c) reasonable particulars adequate to identify the contravention to be
discontinued and the location of the Land or Structure on which the
contravention occurred;
(d) the deadline for compliance; and
(e) the work to be done, which may include obtaining all permits and
inspections required by law.
13.3 An order under this By-law may be issued even though the facts constituting the
contravention of this By-law were present on the day this By-law came into force,
provided however that in such circumstances the order made in respect of such
pre-existing Fortifications or Protective Elements shall provide not less than three
(3) months to complete the work.
13.4 An order under this By-law shall be delivered in accordance with the notice
provisions of this By-law.
14.0 FAILURE TO COMPLY AND COST RECOVERY
14.1 Where a Person defaults in complying with a direction, requirement or order
under this By-law to do a matter or thing, the Chief Building Official may cause an
Officer or agent on behalf of the Town, with such assistance from others as may
be required, to enter the Land on which the contravention occurred at any
reasonable time, and to carry out such direction, requirement or order at the
Person's expense.
14.2 The Town may recover the costs from the Person directed, required or ordered to
do a matter or thing under this section, by action or by adding the costs to the tax
roll and collecting them in the same manner as property taxes, and such costs
shall include interest at an annual rate of 15 per cent.
14.3 For the purposes of subsection 14.3, interest shall be calculated for the period
commencing the day the Town incurs the costs and ending on the day the costs
including the interest are paid in full.
14.4 The Chief Building Official may give immediate effect to any direction,
requirement or order to be carried out under this section where the costs of
carrying out the direction, requirement or order do not exceed $20,000, inclusive
of HST. Where the estimated costs exceed $20,000, the work shall be carried out
only where directed by a Person with the authority to approve such expense, or
by Council.
14.5 The amount of the Town's costs incurred plus interest to the date payment is
made in full, constitutes a lien upon the Land, upon the registration of a notice of
lien upon the Land.
14.6 Pursuant to s. 441 of the Municipal Act, 2001, if any part of a fine for a
contravention of this by-law remains unpaid after the fine becomes due and
payable under s. 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended, including any extension of time for payment ordered under that
section, the Director may give the person against whom the fine was imposed a
written notice specifying the amount of the fine payable and the final date on
which it is payable, which shall be not less than twenty one (21) days after the
date of the notice.
14.7 If the fine remains unpaid after the final date specified in the notice, the fine shall
be deemed to be unpaid taxes for the purposes of s. 351 of the Municipal Act.
14.8 In accordance with sections 441.1 and 446 of the Municipal Act, any part of a fine
or cost owing pursuant to this by-law or a related provincial offence may be
added to the tax roll for any property in the Town of Tillsonburg for which all of
the owners are responsible for paying the fine or cost, and collect such fine or
cost in the same manner as municipal taxes.
15.0 OFFENCES AND PENALTY
15.1 Subject to subsection 15.2, any Person who contravenes a provision of this By-
law, or an officer or director of a corporation in the event of a contravention by the
corporation, is guilty of an offence and upon conviction is liable to a fine or
penalty as follows:
(a) for a first offence, a maximum of $20,000.00;
(b) for a second offence, a maximum of $50,000.00; and
(c) for a third or subsequent offence, a maximum of $100,000.00.
15.2 Any Person who contravenes any order made under this By-law, or an officer or
director of a corporation in the event of a contravention by the corporation, is
guilty of a continuing offence and upon conviction is liable to a daily fine or
penalty of a maximum of $10,000.00 for each day or part of a day that the
offence continues, and despite subsection 15.1 the total of all the daily fines
imposed for an offence is not limited by the maximums listed in subsection 15.1.
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16.0 CONFLICT AND SEVERABILITY
16.1 It is intended by Council that this By-law provide a higher level of public health,
safety and well-being and limit danger and damage to persons and property
during emergency situations, rather than conflict with other law or Town by-laws.
16.2 In the event of conflict between this By-law and the Building Code, the Building
Code prevails, and further an exemption under this By-law does not preclude any
requirement under the Building Code Act or Building Code including the
requirement for a permit under the Building Code Act.
16.3 Should a court of competent jurisdiction declare a part of whole of any provision
of this by-law to be invalid or of no force and effect, the provision or part is
deemed severable from this By-law and it is the intention of Council that the
remainder survive and be applied and enforced in accordance with its terms to
the extent possible under law.
17.0 ENACTMENT
This By-law shall come into force and effect upon the date of final passing thereof.
READ A FIRST AND SECOND TIME THIS 11TH DAY OF APRIL, 2016.
D FINAL TIME AND PASSED THIS 25TH DAY OF APRIL, 2016.
Town Clerk-Donna Wilson
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