DATE: January 12, 2016 REPORT NO. CD TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ]

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1 DATE: January 12, 2016 REPORT NO. CD TO: FROM: Chair and Members Committee of the Whole Community Services Gregory Dworak, General Manager Community Services 1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ] 2.0 TOPIC Vacant Building Registry Bylaw (Bylaw ) [Financial Impact None] (CD ) 3.0 RECOMMENDATION THAT Staff Report CD Vacant Building Registry Bylaw (Bylaw ) BE RECEIVED. 4.0 PURPOSE This report has been prepared to provide background information to City Council regarding Bylaw (Vacant Building Registry Bylaw). 5.0 BACKGROUND At its meeting held on December 21, 2015, City Council deferred consideration of Bylaw , which is a bylaw to regulate vacant buildings within the City. The reason for this deferral is that Council wished to have the background related to this Bylaw before it is enacted. The following is the background information related to this Bylaw. Building Staff prepared Report CD titled Review of Vacant and Unoccupied Buildings. This report is attached as Appendix A. This report was initiated in response to the following resolution adopted by City Council at its meeting held on January 23, 2012: THAT staff BE DIRECTED to undertake a comprehensive review of the issue of vacant buildings and enforcement mechanisms available under the Property Standards Bylaw.

2 Report CD January 12, 2016 Page 2 Report CD outlined four options that deal with the issue of vacant buildings in the City. Of the four options, staff recommended the following two Options: Option #2 that would amend the City s Property Standards Bylaw to require vacant buildings to be returned to their original appearance by having windows and doors reinstalled as required as minimum standards in the Ontario Building Code. Option #3 that would result in the enacting of a new bylaw passed pursuant to the Municipal Act requiring owners of vacant buildings to register their properties with the City. The registration of these vacant buildings would require the owners to provide important details such as the contents and structural condition of their property. When Report CD was considered by City Council the following resolution was adopted at its meeting held on June 23, 2014: A. THAT Staff Report CD dealing with vacant and unoccupied buildings BE RECEIVED; and B. THAT Option #2 Amendment to the Property Standards Bylaw Appearance, as outlined in Staff Report CD BE APPROVED; and C. THAT Option #3 Passage of Municipal Act By-law requiring Vacant Building Registry, as outlined in Staff Report CD BE APPROVED; and D. THAT staff BE DIRECTED to present the necessary by-laws to City Council for adoption. The bylaw required to implement Option #3 is complex in nature and took a considerable amount of time to prepare. A copy of Bylaw is attached as Appendix B. Over the past year, staff in the Bylaw Enforcement Division has been advising property owners of the anticipated enactment of the Vacant Building Registry Bylaw. This is to provide notice to these property owners of the requirements that would be in place for their vacant building. The bylaw required to implement Option #2 was intended to follow the enacting of the Option #3 bylaw. Staff is currently working on drafting the bylaw necessary for Option #2, which will be presented to City Council at its meeting scheduled for February or March.

3 Report CD January 12, 2016 Page CORPORATE POLICY CONTEXT N/A 7.0 INPUT FROM OTHER SOURCES Input was received from Clerk s, and Legal and Real Estate Services Departments. 8.0 FINANCIAL IMPLICATIONS As noted in Staff Report CD , the costs to manage and enforce the implementation of a vacant building registry will be offset by fees collected from vacant buildings within the City. 9.0 CONCLUSION This report is in response to City Council direction to provide background information resulting in the deferral of Bylaw by City Council at its meeting held on December 21, Bylaw is consistent with Option #3 as outlined in the original resolution adopted by City Council in June A separate Bylaw for Option #2 as outlined in the original resolution will be brought forward for Council s consideration in February/March. Garry J. Anderson, CPSO, CMMIII Manager, Property Standards & Bylaws Gregory Dworak, MCIP, RPP General Manager, Community Services Attachments: Appendix A Staff Report CD Review of Vacant and Unoccupied Buildings Appendix "B" Bylaw In adopting this report, is a bylaw or agreement required? If so, it should be referenced in the recommendation section. Bylaw required [ x ] yes [ ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ ] yes [ x ] no Is the necessary by-law or agreement being sent concurrently to Council? [ x ] yes [ ] no

4 APPENDIX "A" DATE: March 3rd, 2014 REPORT NO. CD TO: FROM: Chair and Members Committee of the Whole - Community Services Gregory Dworak, General Manager, Community Services 1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [X] 2.0 TOPIC Review of Vacant and Unoccupied Properties 3.0 RECOMMENDATION A. That Report CD BE RECEIVED, and B. THAT staff BE DIRECTED to prepare a bylaw to establish a vacant building registry in the City of Brantford and to present said bylaw to Council for formal approval. 4.0 PURPOSE The purpose of this report is to provide Council with options on how to effectively deal with complaints received regarding the appearance of vacant and abandoned buildings within the City of Brantford. A comprehensive best practices review of several Ontario municipalities was undertaken, and further consultation was held with the Legal Department. 5.0 BACKGROUND City Council adopted the following resolution at its meeting held January 23, 2012:

5 Report No. CD March 3, 2014 Page 2 THAT staff BE DIRECTED to undertake a comprehensive review of the issue of vacant buildings and enforcement mechanisms available under the Property Standards Bylaw. 6.0 CORPORATE POLICY CONTEXT The report was reviewed within the context of the Municipal Strategic Plan Goal #2 Long Term Desired Outcomes where Brantford will be recognized as a safe, healthy community one that promotes and enables the well-being of its citizens. 7.0 INPUT FROM OTHER SOURCES A best practices review of several Ontario Municipalities, including Ajax, Cambridge, Clarington, Collingwood, Hamilton, London, Niagara Falls, Norfolk County, Oshawa, Waterloo and Woodstock, was undertaken by the Building Department. Consultation was also held with the Planning, Economic Development, Fire Prevention, Police, Finance and Legal Departments and through the Bylaw Enforcement Review Team. 8.0 ANALYSIS Vacant and unoccupied buildings that are not maintained contribute to the decline of our neighbourhoods, have negative effects on property values, and detract from further investment. Vacant and derelict buildings are often referred to as blights in neighbourhoods because of their unkempt exteriors and their propensity to be accessed by trespassers. In the most dangerous examples of deteriorated vacant/derelict buildings, structural deficiencies can develop and progress to severe structural failures resulting in full building collapses. These instances of severe deterioration, although relatively rare, can put in jeopardy the health and safety of nearby residents and the general public at large. In such instances, the (Ontario) Building Code Act, 1992 (the Building Code Act ) outlines the procedures that the Chief Building Official is authorized to take to demolish such unsafe structures. This process is separate and distinct from the Property Standards Bylaw Enforcement mechanism. The Building Code Act is the prevailing legislation relative to property standards enforcement. Section 15.1(3) of the Building Code Act allows the Council of a municipality to pass a bylaw that prescribes standards for the maintenance and occupancy of property within a defined area. Those standards are established at the discretion of each municipal Council, including setting the standards for vacant and unoccupied properties. The City of Brantford has a Property Standards Bylaw, being Chapter 465 of the City of Brantford Municipal Code (the Property Standards Bylaw ).

6 Report No. CD March 3, 2014 Page Property Standards Bylaw Currently, the Property Standards Bylaw regulates vacant properties in the following manner; Article 26 Vacant Properties Entry prevented owner-responsible-protection The owner of any vacant or unoccupied building shall protect such building against the risk of fire, accident, damage or other danger thereto or to adjoining premises by effectively preventing the entry thereto by all unauthorized persons Openings boarded up Without restricting the generality of Section , protection may include the boarding up of all openings to the building with: (a) tight fitting plywood; (b) rigid, composite panels; or (c) sheathing boards Boarding-maintained-weather-resistant All materials used for boarding up vacant or unoccupied buildings shall be covered and maintained with a preservative which is similar in colour to the exterior finish of the building and reasonably compatible in design with adjoining decorative finishing material. All such boarding shall be installed within the reveal of the exterior cladding and securely fastened to every doorway, window or wall opening that constitutes a means of access or hazard Disconnection-unnecessary utilities-90 days Where a building remains vacant or unoccupied for a period of more than ninety days, the owner shall ensure that all utilities serving the building, that are not required for the safety or security thereof, are properly disconnected or otherwise secured to prevent risk of fire, accident, damage or other danger to the property or adjoining premises. 8.2 Fire Prevention The City of Brantford also currently relies on Chapter 533 Fire Prevention of the Brantford Municipal Code to regulate unoccupied properties. It firstly defines a building as; means a structure which is entirely or partially unoccupied or unused or, in the case of a structure which is under construction means a structure on which work has been suspended or abandoned in the opinion of a Property Standards Officer for the City of Brantford.

7 Report No. CD March 3, 2014 Page 4 This particular Bylaw further stipulates; Satisfaction-of Property Standards Officer The owner of a building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry can be obtained. Such covering shall be securely fastened by screws or nails and shall be maintained and replaced as required in order to secure the building against entry Unsatisfactory-notice-compliance-time limit When a building is not boarded up pursuant to Section of this Chapter, the Property Standards Officer shall send a notice by registered mail to the registered owner of the building at his last known address requiring him or her to board up the building within seven days after the mailing of such notice Non compliance-owner expense Where a notice has been sent by the Property Standards Officer pursuant to Section of this Chapter and the requirements of the notice have not been complied with, the Property Standards Officer shall cause the building to be boarded up at the expense of the owner and may maintain and replace any coverings as required without further notice to the owner and the Corporation may recover any and all expenses incurred by action or in like manner as municipal taxes Removal-building-part-boarding not possible The Property Standards Officer may cause to be removed any parts of the building which because of their condition, cannot be satisfactorily boarded up. This particular bylaw is also enforced reactively on a complaint basis by Building Department staff. There is no appeal mechanism to this bylaw and all associated costs are submitted for recovery on municipal taxes. The Ontario Fire Code requires vacant buildings to be secured against unauthorized entry. When a vacant building that is not secured is brought to the attention of the Fire Department, it is their policy to notify the Building Department. The Ontario Fire Code is primarily a Life Safety Code. If a house is vacant, with all services disconnected, then there is no source of ignition. With no source of ignition and no persons living on site, a life safety issue is deemed not to exist. The Fire Department has advised that the laying of charges in Provincial Offences Court remains an enforcement option, however this practice has proven to be both lengthy and at times unsuccessful. A court conviction does not necessarily bring compliance, which remains the ultimate goal.

8 Report No. CD March 3, 2014 Page The Property Standards Enforcement Process The Property Standards Bylaw is enforced reactively to complaints received by Building Department staff. This practice is standard in most Ontario municipalities. When at full complement, the Building Department employs eight (8) Building Inspector/Property Standards Officers, enforce the Property Standards Bylaw reactively in the City of Brantford. Property standards enforcement practices include the issuance of a preliminary letter to the owner detailing the bylaw deficient requirements. Should compliance not be forthcoming, a Property Standards Order is issued, and copied to all those having a legal interest registered on title. As per the Building Code Act, a Property Standards Order is subject to appeal to the local Property Standards Committee, who has the authority to confirm, modify or rescind such Orders. A second appeal process to Superior Court is also provided for in the legislation. Once an Order is confirmed, either by the Committee or by not being appealed, the City then has the authority to remediate the property to the bylaw standards, and/or pursue legal action in the local Provincial Offences Court. Section 15.4(1) of the Building Code Act provides as follows; If an order of an officer under subsection 15.2(2) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly. The option to repair or demolish in accordance with the Order is therefore available to the municipality, but only where an Order has not been complied with. 8.4 Current practice with respect to unoccupied properties Currently, the Building Department responds to complaints regarding vacant and unoccupied properties. Should this investigation reveal evidence of unauthorized entry by persons or vandalism, the Building Department initiates correspondence with the owner to require compliance with the bylaw. Should compliance not be gained pursuant to an Order, the Building Department retains the services of a private contractor to board the property in accordance with the Property Standards Bylaw. Utility services, including hydro, gas and water, are then notified to disconnect service. All associated costs, plus an additional 25% administration fee, is then added to the tax roll. Periodic monthly inspections are then made to ensure the subject property remains secured against such unauthorized entry. For the most part, these protocols have been effective in dealing with these concerns. It is evident that the actions taken to secure a building against access do not provide protection against possible continued deterioration.

9 Report No. CD March 3, 2014 Page 6 The City of Brantford Police Department was also consulted. Similarly, the concerns relate to ensuring the property is kept secure from unauthorized entry, and thus negate a possible trespass issue. Property damage is a further concern, which is presently referred to the Building Department for follow-up. The Provincial Government s Places to Grow legislation encourages and mandates intensification from within. As such, vacant greyfield properties should be a priority in the pursuit of development by the municipality. In discussions held with the Economic Development Department, efforts are made to encourage the use of pre-existing vacant industrial and commercial properties. This has met with mixed reaction from the development community, who prefer newer dedicated development areas. This may be due to the cost of remediation. 8.5 Best practices review of other municipalities A best practices review was undertaken by the Building Department to compare other municipal enforcement practices for vacant and unoccupied properties in their respective property standards bylaws. The municipalities surveyed included Ajax, Brampton, Cambridge, Clarington, Collingwood, Hamilton, Kitchener, Niagara Falls, Oshawa, Toronto, Waterloo and Woodstock. These municipalities utilize similar enforcement policies and bylaws as undertaken here in Brantford. The practice is to ensure the vacant property is secured from entry and the utilities are disconnected to remove the threat of fire or ignition from within Ajax, Oshawa and Collingwood Property Standards Bylaw Regulation Three municipalities, namely Ajax, Oshawa and Collingwood, contained somewhat different strategies outlined in their Property Standards Bylaw. The Town of Ajax and the City of Oshawa amended their respective Property Standards Bylaws to require buildings that have been boarded up for a period exceeding 2 years to be demolished. This section of their Property Standards Bylaw only applies to residential properties, and when contacted, they advised that they have only issued a few such Orders and have chosen to pursue legal action in the courts by laying charges. Once that process commenced, in each case, the owner demolished the site accordingly. They advise that no such Order has been appealed or challenged. The Town of Collingwood amended their Property Standards Bylaw to require partially or completely vacant buildings to be made fit for occupancy as permitted in their Zoning Bylaw within 60 days of being initially boarded up. When contacted, the Town of Collingwood Bylaw Enforcement Department advised that only one (1) such action has been pursued, and the owners demolished voluntarily. The Town has only a few vacant buildings and they require property owners to either remediate the building for occupancy or demolish it. The Town itself has not demolished a building as per this section.

10 Report No. CD March 3, 2014 Page 7 The afore-mentioned amendments undertaken by the municipalities of Ajax, Oshawa, and Collingwood are somewhat inconsistent with most Ontario municipalities. These municipalities require demolition of buildings that are merely vacant, and may not be structurally unsound. Structural integrity issues remain the primary reasons outlined in the Building Code Act for the required demolition of buildings, not simply a lack of occupancy Brampton Property Standards Bylaw Regulation The City of Brampton further requires property owners to maintain liability insurance on vacant buildings, provide a Professional Engineers report commenting on the building s structural integrity, ensure that all combustible materials are removed and to further install security measures or devices Hamilton and London: Municipal Act Vacant Buildings Registry On October 13 th, 2010 the City of Hamilton passed a Municipal Act Bylaw to effectively deal with the issue of vacant building in their municipality. The author recently attended a forum wherein this bylaw and its operation were further discussed. When initiated in 2008, the City of Hamilton had approximately 80 identified vacant buildings, and today has identified approximately 430. Vacant Buildings are defined as; Means a building that is not completely or not substantially completely occupied by the owner or a person authorized by the owner for more than 90 consecutive days, but does not include a building; (a) Containing 1,2 or 3 dwelling units provided that each dwelling unit is fit for an individual or individuals to live in, in accordance with all applicable statutes, regulations and bylaws; (b) Occupied by the owner or a person authorized by the owner on a seasonal basis; (c) A building, except a dwelling unit, on property used as a farm; or (d) That is City owned. The City of Hamilton undertook proactive enforcement to gain information to form an inventory of vacant buildings. Assistance from other regulatory enforcement agents including staff from Police, Fire and Ministry of the Environment was gained to assist with this inventory. This initial phase created a substantial burden on staff resources, which would need to be taken into consideration.

11 Report No. CD March 3, 2014 Page 8 Once a building is determined to be vacant, the owners are required to register their property with the City. This applies to all buildings, including industrial, commercial and residentially zoned buildings. A detailed application process then ensues resulting in annual inspections to ensure each registered property remains in compliance with all applicable laws and bylaws. Floor plans and inventories relative to toxic materials can also be required to be submitted to assist the Fire Department should they be required to attend on a fire suppression incident. Fees to register include a one-time administrative fee of $ and yearly registration fees of $614 are then required. Administrative fees/penalties are then assessed should a building be found in violation of any applicable law. Fees collected in 2012 totaled $419,000, resulting in a 100 per cent cost recovery. Hamilton has found success with this program, resulting in changed and safer neighbourhoods using a revenue neutral model. City of Hamilton staff has advised that the program motivates owners, identifies responsible parties, defrays costs and generates revenue. In 2009, the City of London passed a similar bylaw to the one passed by the City of Hamilton. The City of London requires that the owner of every vacant building ensure that the building is secure from unauthorized entry, maintains liability insurance, and protects the building from risk of fire, accident or other danger. Among other things, the City may also require property owners to provide floor plans to the Chief Building Official and the Fire Chief and to remove all combustible materials. 8.7 Options to be Considered 1. Status quo This option would result in no change to current practices and no amending bylaw. The Building Department would therefore continue to respond to concerns relative to vacant and unoccupied properties on a complaint basis. The action taken would continue to require the appropriate boarding and disconnection or utility services. Building Department staff would continue to monitor boarding security of identified buildings to ensure access continues to be denied. This action would not require a funding source and is therefore in line with current Council direction. The laying of charges for failing to comply with an Order contrary to the Ontario Building Code Act, 1992 always remains an option.

12 Report No. CD March 3, 2014 Page 9 Amendment of Property Standards Bylaw - Demolition This option would require the amending of the Property Standards Bylaw to further require property owners of derelict vacant and abandoned properties to repair the properties within a set period of time or clear the land. If the property owners fail to comply with the Property Standards Order, the City may move forward with the demolition of such buildings. The issuance of such Property Standards Orders is however subject to appeal, both to the local Property Standards Committee, and further to the local Superior Court. Should such an Order be confirmed at these appeal levels, the City of Brantford can then undertake a demolition of these properties for failing to comply with a Property Standards Order contrary to the Building Code Act. The laying of charges for failing to comply with an Order contrary to the Ontario Building Code Act, 1992 always remains an option. 2. Amendment of Property Standards Bylaw - Appearance The prevailing issue relative to abandoned and boarded up buildings, from complainants, appears to be aesthetic appearance and resultant loss of property value. As outlined earlier, the current City of Brantford Property Standards Bylaw requires vacant buildings to be boarded up to prevent access. With a view to lessening the aesthetic impact of boarding windows and doors, the Property Standards Bylaw could be amended to require boarding as a temporary repair remedy (i.e. 30 days), but further requiring that the damaged windows and doors be repaired with windows and doors as prescribed in the Ontario Building Code Act. This requirement would then mitigate the need for continued boarding of entry points, thereby returning the property to its original appearance. 3. Passage of Municipal Act Bylaw requiring Vacant Building Registry The Municipal Act, 2001 provides municipalities with broad authority to pass bylaws for, among other things, the health, safety, and well-being of the public, and for the protection or persons and property. It also provides municipalities with the power to regulate public nuisances or things that, in Council s opinion, could become or cause public nuisances. This option allows Council to pass a bylaw under the Municipal Act, 2001 requiring identified vacant buildings to be registered with the City and provide detailed information as to condition and content of buildings. This bylaw would apply to residential, commercial and industrial properties. A building audit or inventory would be required to be undertaken and a fee structure established to ensure cost recovery for this initiative. Consultation would be held with the Legal Department on the development of such a bylaw. It is recommended that this bylaw be administered by the Building Department.

13 Report No. CD March 3, 2014 Page Expropriation The expropriation of properties to be demolished remains a further option for Council to consider, but will only apply in a limited set of circumstances. Through this process, the City would obtain ownership of the property and the vacant buildings on the property. Buildings could then be demolished, thus removing the aforementioned blight from such neighbourhoods. Staff would be required to present information to Council authorizing the expropriation of the subject property. A budget would then have to be established wherein fair market value would have to be provided as compensation to the owner. Secured interests registered on title would also require financial compensation or satisfaction. Additionally, there are appeal mechanisms whereby the property owner can appeal Council s decision to take the property. Council s decision to expropriate must be fair, sound and reasonably necessary in the achievement of the objectives of Council. This option is not recommended due to the excessive financial and legal implications. Other issues may present themselves with this option, including bad faith and the targeting of certain property owners and/or neighbourhoods. Such an option could prove an overwhelming burden on staff resources, as expropriation proceedings are subject to lengthy appeals. Appraisals, real estate services are legal proceedings may require the services of outside professionals. Funds would have to be established and allocated to secure the property in the City s possession, pending any future legal actions or appeals. 9.0 FINANCIAL IMPLICATIONS Not at this time, however should staff be directed to prepare a bylaw to implement a vacant building registry program, this will result in increased costs with respect to the management and enforcement of the program established CONCLUSION Report CD provides information, analysis and options to deal with the issue of vacant and unoccupied properties within the City of Brantford. In researching this issue, the City of Hamilton has experienced great success with the implementation of a Vacant Building Registry Bylaw. With a view to creating a Building Registry Bylaw, that Building Department staff be further directed to consult with the Legal Department in the creation and implementation of such a bylaw. Such a bylaw should include required documentation relative to building contact information, condition, floor plan and content of toxic materials. A fee structure is also to be established to ensure a cost recovery model is developed to administer this bylaw.

14 Report No. CD March 3, 2014 Page 11 _ Garry J. Anderson CPSO, CMMIII Gregory Dworak MCIP, RPP Manager, Property Standards & Bylaws General Manager, Community Services In adopting this report, is a by-law or agreement required? If so, it should be referenced in the recommendation section. Bylaw required [X ] yes [ ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ ] yes [ X ] no Is the necessary by-law or agreement being sent concurrently to Council? [ ] yes [ X ] no

15 APPENDIX "B" BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF BRANTFORD Being A By-law to Regulate Vacant Buildings within the City of Brantford. WHEREAS sections 8, 9, and 10 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended (the Municipal Act, 2001 ) 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, 2001 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, 2001 authorizes municipalities to pass bylaws providing that a person who contravenes a by-law passed by the municipality under the Municipal Act, 2001 is guilty of an offence; AND WHERAS the Municipal Act, 2001 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 City of Brantford is of the opinion that vacant buildings that are not secured against unauthorized entry constitute public nuisances by attracting vandals and creating various fire and safety hazards; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF BRANTFORD ENACTS AS FOLLOWS: PART 1 SHORT TITLE 1.1 This By-law may be referred to as the Vacant Buildings Registry By-law. PART 2 INTERPRETATION For the purposes of this By-law:

16 APPENDIX "B" 2.1 Definitions in the Building Code Act, 1992, S.O. 1992, c. 23, as amended and the Building Code shall be used with respect to matters pertaining to buildings unless otherwise defined in this By-law. 2.2 Definitions in the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and the Fire Code shall be used with respect to matters pertaining to fire prevention and fire safety unless otherwise defined in this By-law. 2.3 Building Code shall mean Ontario Regulation 332/12, as amended, and any successor regulation; 2.4 Building Code Act, 1992 shall mean Building Code Act, 1992, S.O. 1992, c. 23, as amended; 2.5 Building Damaged By Fire shall include a building partially or completely damaged by fire to the extent that it requires repairs to permit use or occupancy, or requires demolition because it is unsafe. 2.6 Building means all or part of: (i) (ii) a structure occupying an area greater than ten (10) square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto; or a structure occupying an area of ten (10) square metres or less that contains plumbing, including the plumbing appurtenant thereto; 2.7 Building Department means the Building Department of the City; 2.8 City means The Corporation of the City of Brantford and, where context allows, shall include its agents and employees; 2.9 City of Brantford means the geographic region known as the City of Brantford, within the Province of Ontario; 2.10 Council shall mean the Council for The Corporation of the City of Brantford; 2.11 Officer means a Municipal Law Enforcement Officer/Property Standards Officer of the City; 2.12 Owner includes, but is not limited to: (i) (ii) the registered owner of the Property on which the Building is situated; the owner of a Building;

17 APPENDIX "B" (iii) (iv) (v) (vi) the Person managing or receiving the rent for a Building, or the Property on which a Building is situated, or who would receive the rent if the Property or Building were let, whether on the Person s own account or as agent or trustee or receiver of any other Person; a vendor of a Building under an agreement for sale who has paid any municipal taxes on the building after the effective date of the agreement; the Person receiving instalments of the purchase price if a Building were sold under an agreement for sale; a lessee or occupant of the Property on which a Building is situated who, under the terms of a lease, is required to repair and maintain the Building; and (vii) an owner as defined by the Condominium Act, 1998; 2.13 Person includes a corporation and its directors and officers, and the heirs, executors, assignees and administrators; 2.14 Property means the land on which a Building is situated and includes the Building; 2.15 Registration Fee shall have the meaning given to it in section of this By-law; and 2.16 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, is open to the elements and in a state such that there is little to no control over unauthorized entry, but does not include: (i) (ii) (iii) a dwelling unit occupied by the Owner on a seasonal basis but otherwise maintained throughout the year; a Building, except a dwelling unit, on Property used as a farm; or a Building that is owned by the City. PART 3 REGISTRATION OF VACANT BUILDING 3.1 Every Owner of a Vacant Building that has been vacant for at least sixty (60) consecutive days shall register the Vacant Building in accordance with this By-law. 3.2 A registration expires: (i) on the one (1) year anniversary date of the date on which it is issued, if the registration is not renewed before its expiry;

18 APPENDIX "B" (ii) (iii) (iv) when the registration is revoked under this By-law; when the Vacant Building is sold or otherwise transferred to a new Owner; or when the Officer is satisfied, as set out in a written notice to the Owner of the Vacant Building, that the Building is no longer vacant To register a Vacant Building or to renew a registration, the Owner of a Vacant Building shall: (i) (ii) complete and submit to the Officer a completed and signed application form, which form shall be developed and maintained by the City, for each Vacant Building proposed to be registered. The Officer may require additional information where he/she deems necessary; and submit the Registration Fee or the Renewal Fee, as the case may be Every applicant and every Owner, as the case may be, shall ensure the information provided on the application form, or required by the Officer, is complete and accurate. It is the responsibility of the Owner to immediately notify the Officer in writing when any such information changes, or when there is a signed agreement for the sale of the Property or Vacant Building The Officer shall refuse an application for registration if, in his or her opinion, the application is incomplete or contains false or misleading information. 3.6 Where a Property contains more than one Vacant Building, the Owner shall submit a separate application for each Vacant Building. PART 4 DUTIES OF OWNER 4.1. Every Owner of a Vacant Building shall: (i) (ii) (iii) (iv) ensure that the Vacant Building is registered in accordance with this By-law; ensure that the Property complies with all applicable statutes, regulations and bylaws, including, but not limited to, the Building Code Act, 1992, the Fire Protection and Prevention Act, 1997 and the Property Standards By-law; ensure that the Vacant Building is secured against unauthorized entry; maintain liability insurance on the Vacant Building;

19 APPENDIX "B" (v) (vi) (vii) provide inspection/monitoring of the Vacant Building no less than on a monthly basis by a person or company familiar and qualified with matters pertaining to this By-law; protect the Vacant Building against the risk of fire, accident or other danger; provide to the City a floor plan of the Vacant Building; (viii) provide to the City an inventory of all combustible materials and flammable liquids stored on site, and; (ix) where a Vacant Building or Building Damaged By Fire is boarded or required to be boarded: a. boarding materials shall be installed and maintained in good order; b. boarding materials shall be installed to exclude precipitation and wind from entering the Building, and to secure the Building from unauthorized entry, and shall be installed within the reveal of the opening frame of cladding, where feasible; c. unless inherently resistant to deterioration, boarding materials shall be treated with a protective coating of paint or equivalent weather resistant material; and d. boarding materials shall be selected, coated, coloured, and installed to match surrounding door/window frames and exterior wall finishes. 4.2 Where a Vacant Building has been designated or registered under the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, it shall be the responsibility of the Owner to notify the City of said designation or registration and provide the City with all relevant information pertaining to the designation or registration of the Vacant Building, to ensure compliance with all other laws or by-laws pertaining to the Building. 4.3 Where a Vacant Building remains vacant for more than ninety (90) consecutive days, the Owner shall ensure that all utilities servicing the Vacant Building are properly disconnected, shut off, capped, or terminated, as the case may be, unless said utilities are necessary for the safety or security of the Vacant Building or required by law to remain connected. 4.4 Every Owner of a Building Damaged By Fire shall immediately notify the Chief Fire Official for the City, or a representative of the Fire Department for the City, and shall ensure that the Building Damaged By Fire is secured against unauthorized entry within twenty-four (24) hours of regaining access to the Property by the authority having jurisdiction over the site.

20 APPENDIX "B" PART 5 ADMINISTRATION AND ENFORCEMENT 5.1 The Building Department is authorized to administer and enforce this By-law including, but not limited, to prescribing the format and content of any forms or other documents required pursuant to this By-law. 5.2 One or more Officers may enter a Property at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (i) (ii) this By-law; a direction or order made under this By-law. 5.3 For the purposes of an inspection under Section 5.2, an Officer may: (i) (ii) (iii) (iv) require the production of documents or things relevant to the inspection; remove documents or things relevant to the inspection for the purpose of making copies or extracts, which shall be returned within forty-eight (48) hours after removal; require information in writing, or otherwise as required by the Officer, from any Person concerning a matter related to the inspection; or 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. 5.4 No person shall obstruct the Officer from inspecting the Property or Building or both, or withhold, destroy, conceal or refuse to furnish any information or thing required by the Officer inspecting for the purpose of the inspection. 5.5 Any cost incurred by the City in exercising its authority to inspect pursuant to this Bylaw, including, but not limited to, the cost of any examination, test, sample or photograph necessary for the purposes of the inspection, shall be paid by the Owner of the Building where the inspection takes place. 5.6 An Officer may undertake an inspection pursuant to an order issued by a provincial judge or justice of the peace under Section 438 of the Municipal Act, 2001, where he or she has been prevented or is likely to be prevented from carrying out an inspection under Sections 5.2 and 5.3 of this By-law. 5.7 Where, in the reasonable opinion of the Officer, allowing a Vacant Building to remain unsecured for even a short period of time presents an unacceptable safety risk, the City may cause said Vacant Building to be secured against unauthorized entry and no prior

21 APPENDIX "B" notice or order to the Owner shall be required. Notice of the action taken in these circumstances shall be posted at the Property or sent by regular mail to the Owner of the Property or Building or both, as the case may be, in a reasonable time thereafter. PART 6 ORDER 6.1 If an Officer is satisfied that a contravention of this By-law has occurred, he or she may make an order requiring the person who contravened the By-law, or who caused or permitted the contravention, or the Owner of the Property on which the contravention occurred, to discontinue the contravening activity. 6.2 An order under Section 6.1 shall set out: (a) (b) reasonable particulars of the contravention sufficient to identify the contravention and the location of the Property on which the contravention occurred; and, the date or dates by which there must be compliance with the order. 6.3 If an Officer is satisfied that a contravention of this By-law has occurred, he or she may make an order requiring the Person who contravened the By-law, or who caused or permitted the contravention, or the Owner of the Property on which the contravention occurred, to do work to correct the contravention. 6.4 An order under section 6.3 shall set out: (a) (b) (c) reasonable particulars of the contravention adequate to identify the contravention and the location of the Property on which the contravention occurred; the work to be completed; and, the date or dates by which the work must be completed. 6.5 Where a Person does not comply with a direction, an order, or a requirement under this By-law to do a matter or thing, the Officer, with such assistance by others as may be required, may carry out such direction, order, or requirement at the Person's expense. 6.6 The City may recover the costs of doing a matter or thing under Section 6.5 by action and collecting them in like manner as property taxes and such costs shall include an interest rate of 15 percent (15%) per year commencing on the day the City incurs the costs and ending on the day the costs, including all applicable interest, are paid in full. PART 7 SERVICE 7.1 An order to discontinue contravening activity made under Section 6.1, or an order

22 APPENDIX "B" to do work made under Section 6.3, may be served personally or by registered mail to the last known address of: (a) (b) the Owner of the Property where the contravention occurred; and, such other Persons affected by it as the Officer making the order determines. Service by registered mail shall be deemed to have taken place five (5) business days after the date of mailing. 7.2 In addition to service given in accordance with section 7.1, an order to discontinue contravening activity made under Section 6.1, or an order to do work made under Section 6.3, may be served by an Officer placing a placard containing the order in a conspicuous place on the Property where the contravention occurred. 7.3 Where service cannot be given in accordance with Section 7.1, sufficient service shall be deemed to have taken place when given in accordance with Section 7.2. PART 8 PENALTY 8.1 Every Person who contravenes any provision of this By-law is, upon conviction, guilty of an offence and is liable: (i) on a first conviction, to a fine of not more than ten thousand dollars ($10,000); and, (ii) on any subsequent conviction, to a fine of not more than twenty five thousand dollars ($25,000). 8.2 Despite Section 8.1, where the Person convicted is a corporation: (i) the maximum fine in Subsection 8.1(i) shall be fifty thousand dollars ($50,000); and, (ii) the maximum fine in Subsection 8.1(ii) shall be one hundred thousand dollars ($100,000). 8.3 Where a Person has been convicted of an offence, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed by this By-law, make an order prohibiting the continuation or repetition of the offence by the Person convicted.

23 APPENDIX "B" PART 9 FEES 9.1 A one-time Registration Fee of two hundred and seventy dollars ($270.00) shall be submitted to the City along with every application for registration of a Vacant Building. 9.2 Each year following the year of registration of the Vacant Building, a Renewal Fee of six hundred dollars ($600.00) shall be paid to the City along with every application for renewal. 9.3 If there is more than one (1) Vacant Building on the same Property, the Owner shall submit the Registration Fee and Renewal Fee, as the case may be, for each Vacant Building. PART 10 GENERAL PROVISIONS 10.1 Any section of this By-law, or any part thereof, that is found by a court of competent jurisdiction to be invalid shall be severable, and the remainder of the By-law shall continue to be valid In this By-law, unless the context otherwise requires, words imparting the singular number shall include the plural, and words imparting the masculine gender shall include the feminine and further, the converse of the foregoing also applies where the context so requires. PART 11 ENACTMENT 11.1 This By-law comes into force on the date of its passing. READ A FIRST TIME: December 21, 2015 READ A SECOND TIME: December 21, 2015 PASSED: December 21, 2015 MAYOR CITY CLERK