City of Nepean Act, 1995
The purpose of the Bill is to allow The Corporation of the City of Nepean to collect fees for inspections carried out in the enforcement of its maintenance and occupancy standards by-law.
An Act respecting the
City of Nepean
The Corporation of the City of Nepean, referred to in this Act as the Corporation, 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:
1. In this Act,
"owner" means the owner of real property and includes a manager of the property or other agent of the owner and a lessee who, under the terms of a lease, is required to repair and maintain the real property;
"real property" includes buildings or structures, mobile homes or structures, outbuildings, fences and erections.
By-laws respecting inspection fees
2. (1) The council of the Corporation may pass by-laws prescribing fees, including administrative costs, for the inspection and monitoring of real property in respect of maintenance and occupancy standards prescribed by by-law of the Corporation, where an owner has failed to comply with a final order given under that by-law.
(2) The by-law may require the owner of the property to pay the fees prescribed for each inspection that reveals that one or more items in the final order have not been complied with within the time prescribed in that order.
3. (1) Before carrying out the first inspection of each real property for which fees are payable under section 2, the Corporation shall give the owner of the property a written notice setting out the fees payable.
(2) After the notice under subsection (1) has been given, no further notice is required for subsequent inspections of the same property relating to the final order.
Method of service
(3) The notice may be included as a statement in the notice of violation or final order requiring an owner of real property to conform with the maintenance and occupancy standards or it may be separately delivered by personal service upon the person to whom it is directed or by sending it by registered or certified mail to that person.
4. (1) The Corporation shall have a lien for the amount of the fees payable by the owner under section 2 on the real property to which the fee relates.
(2) The certificate of the clerk of the Corporation or the clerk's delegate as to the total amount of the fees payable is admissible as proof, in the absence of evidence to the contrary, of the total amount of fees payable.
(3) Before the certificate of the clerk or the clerk's delegate is issued, an interim certificate of the clerk or the clerk's delegate shall be delivered by personal service or sent by registered mail or certified mail to the owner of the property that is subject to the lien and to all mortgagees and other encumbrancers.
(4) The affected owner, mortgagees or other encumbrancers may, within two weeks from the date of receipt of the interim certificate, appeal the amount shown on it to the property standards committee of the Corporation by sending a notice of appeal by registered or certified mail or delivering it personally to the secretary of the committee.
Fees deemed correct
(5) If no appeal is taken under subsection (4), the amount of fees set out in the interim certificate shall be deemed to be correct.
Recovery of fees
(6) The fees payable may be recovered by the Corporation in like manner as municipal taxes.
5. If the final order is served by placing a placard on the real property as authorized by the Planning Act, the notice under section 3 and the interim certificate under section 4 may be served by placing a placard containing the terms of the notice or interim certificate on the real property.
6. This Act comes into force on the day it receives Royal Assent.
7. The short title of this Act is the City of Nepean Act, 1995.