BYLAW - Right of Entry onto Adjoining Land - 20150929 - 575415THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5754-15
BEING A BY-LAW to regulate
the access of adjoining land
for the purpose of making
repairs and alterations to
property.
WHEREAS subsection 132(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended (the "Act"), provides that a local municipality may pass by-laws to authorize
the owner or occupant of land to enter adjoining land, at any reasonable time, for the
purpose of making repairs or alterations to any building, fence or other structures on
the land of the owner or occupant but only to the extent necessary to carry out the
repairs or alterations;
AND WHEREAS subsection 132(2) of the Act provides that the following apply to a
power of entry under a by-law under section 132: (a) the power of entry may be
exercised by an employee or agent of the owner or occupant of land; (b) a person
exercising the power of entry must display or, on request, produce proper
identification; (c) nothing in a by-law under this section authorizes entry into a
building; (d) the owner or occupant shall provide reasonable notice of the proposed
entry to the occupier of the adjoining land; and (e) the owner or occupant of land
shall, in so far as is practicable, restore the adjoining land to its original condition and
shall provide compensation for any damages caused by the entry or by anything
done on the adjoining land;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS A BY-LAW AS FOLLOWS:
1. DEFINITIONS
1.1 As used in this by-law, the following terms shall have the following meanings:
(a) "Act" shall mean the Municipal Act, 2001, S.O. 2001, c. 25, as
amended;
(b) "adjoining land" shall mean the land abutting or adjoining the subject
land;
(c) "alteration" shall include, but shall not be limited to, a modification or
structural change to an existing building, fence, or other structure
located on land;
(d) "business day" shall mean Monday to Friday inclusive, and excludes
Saturday and Sunday and any statutory holiday recognized in Ontario;
(e) "building" shall mean an enclosed structure with a roof and walls that
is located on or attached to land, and shall also include the definition of
"building" as contained in section 1 of the Building Code Act, 1992, S.O.
1992, c. 23, as amended;
(f) "Council" shall mean the Council of the Town;
(g) "owner" shall mean the lawful owner or occupant of land, and includes
the owner's authorized agents and employees;
(h) "repair" shall mean the upkeep, fixing, or mending of any building,
structure, or fence on land, and shall also include any regular,
seasonal, or unusual maintenance to be carried out on such building,
structure, or fence on land; and
(i) "Town" shall mean The Corporation of the Town of Aurora.
By-law Number 5754-15
Page 2 of 4
2. RIGHT OF ENTRY
2.1 The owner of any land may enter onto adjoining land for the purpose of
making repairs or alterations to any building, fence, or other structure on the
land of the owner but only to the extent necessary to carry out the repairs or
alterations. Unless the owner of the adjoining land has given prior consent to
the entry for the requested purposes, then such entry onto adjoining land by
the owner shall only be carried out if the owner seeking entry onto adjoining
land has taken the necessary steps as required under this by-law to obtain
such entry.
2.2 The right of entry onto adjoining land by an owner may be exercised by an
employee or agent on behalf of the owner, acting in accordance with this by-
law.
2.3 If a building, fence, or structure on the land poses an immediate danger to the
health or safety of any person, the owner of such land may enter onto
adjoining land without prior consent and without providing written notice as
required in subsection 3.1 of this by-law to conduct such repairs or alterations,
but only to the extent necessary to eliminate or alleviate the immediate
danger. Other than the requirement for notice, all other terms and provisions
of this by-law shall apply to the owner seeking entry onto adjoining land.
2.4 Following an entry onto adjoining land pursuant to subsection 2.3 of this by-
law, and no later than five (5) business days following such entry, the owner
exercising the right of entry shall serve or send written notice to the owner of
the adjoining land on which the right of entry was exercised, in accordance
with subsections 3.2, 3.3, and 3.4 of this by-law.
3. NOTICE REQUIREMENT AND SERVICE
3.1 Except with the prior consent of the owner of the adjoining land, an owner
seeking to enter onto adjoining land for the purpose of making repairs or
alterations to any building, fence, or structure on the land of the owner shall
provide the owner of the adjoining land with written notice of the owner's
intention to enter at least three (3) business days prior to such entry.
3.2 The written notice required in subsection 3.1 of this by-law shall, at a
minimum, include or specify the following:
(a) the name and address of the owner seeking entry onto the adjoining
land;
(b) the proposed date of entry;
(c) a description of the proposed repairs or alterations to be performed;
(d) the length of time that it will be necessary to enter upon the adjoining
land; and
(e) a copy of this by-law.
3.3 Service of the written notice under this by-law is sufficiently given to an
adjoining land owner, other than where the adjoining land is vacant or
unoccupied, by:
(a) hand delivery to a person ordinarily residing at, or occupying, the
adjoining land;
(b) by posting the written notice in a conspicuous manner on the door or
entryway of a building on such adjoining land; or
(c) sending the written notice by prepaid registered mail to the owner of the
adjoining land as recorded in the Town's assessment rolls, in which
case service shall be effective after five (5) business days.
By-law Number 5754-15
Page 3 of 4
3.4 Service of the written notice under this by-law is sufficiently given to an
adjoining land owner of vacant or unoccupied land by sending the written
notice by prepaid registered mail to the owner of the adjoining land as
recorded in the Town's assessment rolls, in which case service shall be
effective after five (5) business days.
4. LIMITATIONS ON THE RIGHT OF ENTRY
4.1 An owner entering onto adjoining land pursuant to this by-law:
(a) shall comply with all other by-laws, statutes, and regulations that may
apply to the conduct of such repairs or alterations;
(b) shall not remain on the adjoining land for a time period longer than is
reasonably necessary required to complete the work as set out in the
notice under section 3 of this by-law;
(c) shall not conduct any other activities on the adjoining land other than for
the proposed repairs or alterations as described in the notice under
section 3 of this by-law;
(d) shall not enter into any building located on the adjoining land;
(e) shall not restrict the access into or out of any building located on the
adjoining land where such building is being occupied by the owner of
the adjoining land; and
(f) shall display or, on request, produce proper identification.
4.2 Nothing in this by-law shall be interpreted to affect, expand, limit, or alter any
rights of entry a person or government agent might have pursuant to any other
by-law, legislation, court order, or warrant.
4.3 In the event of any breach of this by-law, the right to enter and/or remain on
the adjoining land shall be deemed to be terminated and any person present
on the adjoining land without the prior consent of the owner of the adjoining
land shall immediately restore the adjoining land, in so far as is practicable, to
its original condition, remove any equipment or articles brought onto the
adjoining land, and vacate the adjoining land.
4.4 Nothing in this by-law affects the right to bring a civil action for damages (or
otherwise) arising out of the entry by an owner onto adjoining land.
5. CONDITION OF ADJOINING LAND
5.1 Every owner who exercises his or her rights to enter onto adjoining land
pursuant to this by-law shall, in so far as practicable, restore the adjoining land
to its original condition and shall provide compensation for any damages
caused by the entry or by anything done on the adjoining land.
6. LIABILITY OF THE OWNER AND INDEMNIFICATION OF THE TOWN
6.1 The provisions of this by-law shall not be so construed as to relieve or limit the
responsibility or liability of any owner who, through the owner's actions or
through the actions of someone on the owner's behalf, causes any injury, loss
or damage to any person, land, building, fence, or structure as a result of
exercising the right of entry conferred herein.
6.2 The Town, its officers, employees, servants, or agents, shall be saved
harmless from any claims associated with any injury, loss, cost, or damage to
any person, land, building, fence, or structure as a result of an owner
accessing or entering onto adjoining land for purposes of making repairs and
alterations to an owner's land, as set out in this by-law.
By-law Number 5754-15
Page 4 of 4
6.3 The Town, its officers, employees, servants, or agents, shall not be
responsible or liable for any injury, loss, cost, or damage to any person, land,
building, fence, or structure as a result of the accessing or entering onto
adjoining land for purposes of making repairs and alterations to an owner's
land, as set out in this by-law.
6.4 Any person who exercises the right of entry onto adjoining land pursuant to
this by-law shall be deemed to undertake to indemnify, and shall indemnify,
the Town, its officers, employees, servants and agents for any claims, losses,
costs, or damages that arise as a result of such entry or anything done on the
adjoining land as result of such entry.
7. INTERPRETATION
7.1 In this by-law, unless the context otherwise requires, words importing the
singular number shall include the plural and words importing the masculine
gender shall include the feminine.
8. SEVERABILITY
8.1 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid, ultra vires, or to be of no force and effect,
it is the intention of the Town in enacting this by-law that such provision or part
of a provision shall be severable, and such a decision shall not affect the
validity of the remaining sections, subsections, clauses, or phrases of this by-
law.
9. SHORT TITLE
9.1 This by-law shall be known and may be cited as the "Right of Entry onto
Adjoining Land By-law".
10. EFFECTIVE DATE
10.1 This by-law comes into full force and effect on the date of final passage
hereof.
READ A FIRST AND SECOND TIME THIS 2e DAY OF SEPTEMBER, 2015.
READ A THIRD TIME AND FINALLY PASSED THIS 29th DAY OF SEPTEMBER,
2015.
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STEPHEN W.A. HUYCKE, TOWN CLERK