BYLAW - Vacant Building Registry Bylaw - 20180724 - 611418The Corporation of the Town of Aurora
By-law Number 6114-18
Being a By-law to regulate vacant buildings
within the Town of Aurora.
Whereas sections 8, 9, and 10 of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended (the "Municipal Act") provides municipalities with broad powers, including the
ability to pass by-laws that the municipality deems necessary or desirable for municipal
purposes, and, in particular, paragraphs 5, 6, 8, and 10 of subsection 10(2) of the
Municipal Act, 2001, authorize municipalities to pass by-laws respecting the economic,
social, and environmental well-being of the municipality; the health, safety, and well-
being of persons; the protection of persons and property; and structures.
And whereas section 128 of the Municipal Act, provides that a local municipality may
prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become or cause public nuisances;
And whereas section 425 of the Municipal Act authorizes municipalities to pass by-laws
providing that a person who contravenes a by-law passed by the municipality under the
Municipal Act, 2001 is guilty of an offence;
And whereas the Municipal Act further permits municipalities to establish a system of
fines for offences under a by-law of the municipality passed under that Act;
And whereas the Council of The Corporation of the Town of Aurora (the "Town") is of
the opinion that vacant buildings that are not secured against unauthorized entry
constitute public nuisances;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts
as follows:
1. Definitions
1.1 In this by-law, the following words have the following meanings:
(a) "agent" means a person who is authorized to act for another (the agent's
principal) through employment, by contract or apparent authority;
(b) "Building" means a structure occupying an area greater than ten (10)
square metres and consisting of a wall, roof and floor, or a structural
system serving the function thereof, and every part of the structure that is
attached thereto;
(c) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.
23, as amended, or successor thereto;
(d) "Council" means the Council of the Town;
(e) "Dangerous Item" means any item or items that may cause harm to
persons or property, and it includes, but is not limited to, combustible
materials and flammable liquids and any hazardous materials;
By-law Number 6114-18 Page 2 of 11
(f) "Director" means the Director responsible for the Bylaw Services division
of the Town or his/her designate;
(g) "Dwelling Unit" means one or more rooms used or intended to be used
by one or more persons as a single, independent and separate
housekeeping establishment that is subject to the following conditions:
(i) food preparation and sanitary facilities are provided for the
exclusive use of such person or persons, and
(ii) there is a private entrance to the dwelling unit from the outside of
the building or from a common hallway or stairway inside the
building.
(h) "Fire Official" means any official, marshal, chief, firefighter or inspector
employed by Central York Fire Services authorized to enforce the Fire
Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended or
successor legislation thereof, and its associated regulations;
(i) "Heritage Attribute" means as defined in the Town's Property Standards
By-law, as amended or replaced from time to time;
0) "Municipal Act" means the Municipal Act, 2001, S.O. 2001, C.25, as it
may be amended or replaced from time to time
(k) "Municipal Law Enforcement Officer" means any Municipal
Enforcement Officer appointed by Council for the purposes of
administering and enforcing Town by-laws;
(I) "Occupancy" means the use or intended use of a building or part of a
building for the shelter or support of persons, animals or property;
(m) "Owner" means, with respect to a building the registered owner of the
land on which the building is located or, if the building i·s owned separately
from the land on which the building is located, the owner of the building;
(n) "Person" means a human person and also includes an individual, firm,
corporation, association or partnership;
(o) "Property" means a property, lot or parcel of land described in a deed or
other document legally capable of conveying land or shown as a lot or
block on a registered plan of subdivision;
(p) "Public Authority" means the Government of Canada, the Province of
Ontario, the Town, The Regional Municipality of York, the Lake Simcoe
Region Conservation Authority and the Toronto and Region Conservation
Authority and includes any commission, committee, school board,
department or agency of the aforementioned entities;
( q) "Qualified Person" means a person who holds a license, limited license
or temporary license under the Professional Engineers Act, R.S.O. 1990,
c. P .28, as it may be amended from time to time, and/or any person or
entity approved by the Director;
(r) "Report" means a document provided by a Qualified Person that is in a
format and to the satisfaction of the Town;
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(s) "Town" means The Corporation of the Town of Aurora;
(t) "Vacant Building" means any Building that is or appears to be vacant,
partially vacant, or unoccupied, or that, by reason of its unfinished or
dilapidated condition appears to be in a state such that there is little or no
control over unauthorized entry, but does not include:
(i) a dwelling unit occupied by the Owner on a seasonal basis but
otherwise maintained throughout the year and kept compliant with all
applicable statutes, regulations and Town by-laws, including the
Property Standards By-law, as amended or replaced from time to
time;
(ii) a detached Building or structure which is naturally and normally
incidental, subordinate, and devoted to another Building located on
the same Property that is, or appears to be, occupied;
(iii) a Building that is owned by a Public Authority.
2. Interpretation
2.1 Undefined words shall have their natural and ordinary meaning.
2.2 The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this by-law. This by-law is to
be interpreted without reference to such headings.
2.3 Where there is a conflict of the provisions between this by-law and any other by-
laws of the Town with respect to regulation and registration of vacant buildings,
the provisions of this by-law shall prevail.
3. Administration of this by-law
3.1 The Director is responsible for administering this by-law and shall be delegated
the authority to:
(a) receive applications and fees established under this by-law;
(b) enter into agreements on behalf of the Town pursuant to this by-law;
(c) prescribe the format and content of any forms or other documents required
under this by-law; and
( d) request information and impose conditions on registrations in accordance
with this by-law.
3.2 The Director and Municipal Law Enforcement Officers of the Town are hereby
delegated the authority to enforce this by-law, including the authority to conduct
inspections pursuant to this by-law, the Municipal Act, as amended, and any
other enacted applicable by-law or legislation.
3.3 The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
By-law Number 6114-18 Page 4 of 11
4. Application, Exemptions and Presumptions
4.1 Except as otherwise provided in this by-law, the provisions of this by-law apply to
all buildings within the boundaries of the Town of Aurora.
4.2 Nothing in this by-law shall be deemed to grant relief from the requirements of
any other Town by-law, the Building Code Act, 1992, the Building Code, the Fire
Protection and Prevention Act, 1997, or the Fire Code, all as amended or
successor legislation thereof.
4.3 The provisions of this by-law do not apply to:
(a) a building, except a dwelling unit, on a property used as a farm;
(b) a building under construction with an open or active building permit; or
(c) a building that is owned by a Public Authority.
4.4 Notwithstanding subsection 1.1, a Building shall be deemed to be a Vacant
Building where the Owner applies for, or receives, a vacant unit rebate pursuant
to the Municipal Act with respect to the entire Building.
4.5 A Building shall be presumed to be vacant for ninety (90) days if, based on visual
inspections of the exterior over that period,
(a) it appears to be vacant, partially vacant, or unoccupied, or
(b) by reason of its unfinished or dilapidated condition appears to be in a state
such that there is little or no control over unauthorized entry,
notwithstanding any intermittent or temporary periods of vacancy or occupancy
within that inspection period. This presumption may be rebutted by evidence to
the contrary on a balance of probabilities.
4.6 An Owner of a Building or the land on which a Building is located shall be
presumed to have carried out, caused or permitted a Building to become a
Vacant Building, which presumption may be rebutted by evidence to the contrary
on a balance of probabilities.
5. Duties of Owners
5.1 Every Owner of a Building that is, or is deemed or presumed to be, a Vacant
Building for a period of ninety (90) days or more, shall register such a Building
with the Town pursuant to this by-law.
5.2 Every Owner of a Vacant Building shall:
(a) ensure that the Vacant Building and the Property on which the Vacant
Building is located, including any other Buildings or structures on such
Property, are maintained and comply with all applicable statutes,
regulations and Town by-laws, including the Property Standards By-law,
as amended or replaced from time to time;
(b) if applicable, ensure the building's Heritage Attributes are maintained;
By-law Number 6114-18 Page 5 of 11
(c) maintain liability insurance on the vacant building; and
( d) effectively prevent the entrance of all unauthorized persons into the
Vacant Building.
5.3 Every Owner of a Vacant Building shall provide a Report when requested by the
Director, a Municipal Law Enforcement Officer or a Fire Official.
5.4 Every Owner shall ensure the information provided on a Vacant Building
registration or required by the Director, a Municipal Law Enforcement Officer or a
Fire Official is complete and accurate.
6. Registration of Vacant Buildings
6.1 To register a Vacant Building or to renew a registration, the Owner shall:
(a) complete and submit an application for registration provided by the Town
for each Vacant Building, and such application shall include the following:
(i) address of the Building;
(ii) name, address and current telephone number of the Owner;
(iii) secondary contact information of a person who is able to attend
the Vacant Building in person within forty-eight (48) hours'
notice;
(iv) the date the Building is expected to be occupied;
(v) a Report dated within fifteen (15) days of the application date;
(vi) contact information of a person or company responsible for
maintenance of the property on which the Vacant Building is
located and a schedule of intended maintenance activities;
(vii) certificate of insurance showing coverage of the Vacant
Building; and
(viii) statutory declaration in a form prescribed by the Director.
(b) provide to the Town an inventory of any Dangerous ltem(s) stored on site;
(c) upon request by the Town, provide a floor plan of the Building;
(d) submit the registration or renewal fee at the time of the application; and
( e) provide any other information requested by the Director.
6.2 An Owner must update a registration of a Vacant Building within fifteen (15) days
of any change to the information required in accordance with Section 6.1.
6.3 Registration of a Vacant Building is non-transferrable and in case of a transfer of
ownership of a Vacant Building, the new Owner of the Building shall register it as
a Vacant Building within fifteen (15) days of the transfer of ownership.
By-law Number 6114-18 Page 6 of 11
6.4 Registration and other fees under this by-law shall be as set out in Schedule "A"
of this by-law. Any fees pursuant to this by-law are non-refundable.
6.5 The Owner of a Vacant Building shall post, or cause to be posted, an emergency
contact sign in a prominent place in/at the front lobby or entrance of such a
building. The following shall apply to such a sign:
(a) the sign shall be maintained and visible throughout the time that the
building is a Vacant Building;
(b) the sign shall indicate, in lettering not less than 12. 7 millimetres in height,
the current name and telephone number of the owner, manager or other
person responsible for the property and, if different from aforementioned,
the name and telephone number of an authorized person to be contacted
in the case on a twenty-four-hour (24) basis in case of an emergency;
(c) the telephone numbers listed on the sign shall be numbers that do not
require the caller to incur any charges beyond the user's standard
telephone service subscription fee;
( d) any change in the information displayed on the sign shall be revised to
reflect such a change within one (1) week of the change.
6.6 Every registration of a Vacant Building expires:
(a) on the one year anniversary date of the date on which it is issued;
(b) when the registration is revoked under this by-law;
(c) when the Vacant Building is sold or otherwise transferred to a new owner;
or
(d) when the subject Building has been granted re-occupancy pursuant to this
by-law.
6.7 Where a Property contains more than one Vacant Building, the Owner shall
register each Vacant Building as required under this by-law.
6.8 The Director may revoke a registration of a Vacant Building under this by-law if it
was based on mistaken, false or incorrect information.
7. Re-Occupancy
7.1 An Owner intending to occupy a Vacant Building, prior to occupying such a
Building, shall:
(a) notify the Town of the intention to occupy at least ten (10) days before the
intended date of occupancy;
(b) schedule an inspection, pay the Re-Occupancy Inspection Fee as set out
in Schedule A and complete a re-occupancy inspection by the Town to
ensure compliance with this by-law and all relevant Town by-laws within
ten (10) days before the intended date of occupancy;
By-law Number 6114-18 Page 7 of 11
(c) provide any documents or reports requested by the Town; and
(d) obtain approval from the Town for occupancy.
7.2 For the purposes of conducting an inspection and considering whether approval
for occupancy of a Vacant Building should be granted by the Town under
subsection 7 .1 , the Town may:
(a) require a Report to be provided to the satisfaction of the Director prior to
occupancy,
(b) require that work be done prior to occupancy to bring the Building to a safe
condition and into compliance with Town by-laws,
(c) require that approval for occupation be provided by a Fire Official prior to
occupation.
7.3 Any inspection or approval for occupancy by the Town does not relieve the
Owner of a Building from ensuing compliance with the requirements of any other
Town by-laws, the Building Code Act, 1992, the Building Code, the Fire
Protection and Prevention Act, 1997, or the Fire Code, all as amended or
successor legislation thereof, or any civil liability or responsibility over the
Building or the associated property. Notwithstanding any approval of occupancy
granted by the Town, Owners of Buildings are responsible for ensuring and
satisfying themselves, prior to occupancy, that occupation of a Building is safe
and not in violation of any applicable law.
8. Power of Entry, Inspections, Prohibitions
8.1 The Town may at any reasonable time enter upon any land for the purpose of
carrying out an inspection to determine whether the following are being complied
with:
(a) this by-law;
(b) any direction or order under this by-law;
(c) any condition on a registration issued under this by-law; or
( d) an order issued under section 431 of the Municipal Act.
8.2 Where an inspection is conducted pursuant to this section, the Town may:
(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 and extracts;
(c) require information from any person concerning a matter related to the
inspection; 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 purpose of the inspection.
By-law Number 6114-18 Page 8 of 11
8.3 No person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
8.4 No person shall contravene any order or direction issued by the Town pursuant
to this by-law or the Municipal Act.
8.5 Where an authorized officer has reasonable grounds to believe that an offence
has been committed by any person, the authorized officer may require the name,
address and proof of identity of that person, and the person shall supply the
required information.
8.6 No person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town pursuant to
this by-law.
8.7 No person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
9. Order
9.1 Where the Director or any Municipal Law Enforcement Officer is satisfied that a
contravention of this by-law has occurred, such Director or Municipal Law
Enforcement Officer may make an order requiring that the person who caused or
permitted such contravention, or the owner or occupier of the land on which the
contravention occurred, to discontinue the contravening activity and/or to do work
to correct the contravention.
9.2 An order pursuant to subsection 9.1 shall set out the following:
(i) the municipal address and/or the legal description of the land or premises
on which the contravention occurred;
(ii) reasonable particulars of the contravention;
(iii) what is required of the person subject to the order;
(iv) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done;
(v) if any work is required to be done, a statement that if such work is not
done in compliance with the order and within a specified time period, the
Town will have the work done at the expense of the person directed or
required to do it; and
(vi) information regarding the Town's contact person.
9.3 An order pursuant to subsection 9.1 shall be deemed to have been received
upon:
(i) personal service of the order to the person being served;
(ii) the day after posting a copy of the order on the land on which the
contravention took place; or
By-law Number 6114-18 Page 9 of 11
(iii) the fifth (5th) day after the order is sent by registered mail to the last known
address of the owner of the land on which the contravention took place or
the last known address of any other person in contravention of this by-law.
1 O. Remedial Action and Cost Recovery
10.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any person within a specified time period, in default
of it being done by the person directed or required to do it, the action may be
taken under the direction of the Director or a Municipal Law Enforcement Officer
at that person's expense and the Town may recover the costs incurred through a
legal action or by recovering the costs in the same manner as taxes.
10.2 For the purposes of taking remedial action under subsection 10.1, the Town, its
staff and/or its agents may enter, at any reasonable time, upon any lands on
which a default .to carry out a required thing or matter occurred.
10.3 When the Town attends a property to conduct an inspection pursuant to this by-
law, the Town may charge the Owner of such property an Inspection Fee as set
out in Schedule A.
11. Offence
11 .1 Every person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act
R.S.O. 1990, c. P. 33.
11.2 Pursuant to subsection 429(2) of the Municipal Act, all contraventions of this by-
law or orders issued under this by-law are designated as multiple offences and
continuing offences. A multiple offence is an offence in respect of two (2) or more
acts or omissions each of which separately constitutes an offence and is a
contravention of the same provision of this by-law.
11.3 In addition to fines under this section, a person convicted of an offence under this
by-law may be liable to a special fine in the amount of the economic advantage
or gain that such a person obtained from the contravention of this by-law.
12. Indemnity
12.1 An Owner of a Vacant Building, regardless of whether compliant with the
provisions of this by-law, shall be deemed to undertake to, and shall, save
harmless and indemnify the Town, its officers, employees, servants or agents
from any claims associated with any injury, loss or damage to any person or
property, that occurs within a Vacant Building or as a result of a Building being a
Vacant Building.
13. General Provisions
13.1 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid 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.
By-law Number 6114-18 Page 10 of 11
13.2 The following Schedules attached to this by-law form and are part of this by-law;
(a) Schedule "A" Fees.
13.3 This by-law shall be referred to as the "Vacant Building Registry By-law".
Enacted by Town of Aurora Council this 24th day of July, 2018.
~~-~awe, Mayor
Mi ~nd, Town Clerk
By-law Number 6114-18 Page 11 of 11
Schedule "A" -Fees
Zoning Designation to be determined as per The Zoning By-law of the Town of Aurora
1.
2.
3.
Vacant Building Initial Registration Fees
Buildings on a Property Zoned as Residential
Buildings on a Property Zoned as Commercial
Buildings on a Property Zoned as Institutional
Buildings on a Property Zoned as Industrial
Buildings on a Property Zoned as Promenade
Vacant Building Renewal Registration Fees
Buildings on a Property Zoned as Residential
Buildings on a Property Zoned as Commercial
Buildings on a Property Zoned as Institutional
Buildings on a Property Zoned as Industrial
Buildings on a Property Zoned as Promenade
Inspection Fees
Inspection Fee (per hour)
Re-Occupancy Inspection Fee
$175.00
$200.00
$200.00
$200.00
$200.00
$250.00
$300.00
$300.00
$300.00
$300.00
$110.00
$50.00