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HomeMy WebLinkAboutChapter 553 - Lodging House LICENCE Chapter 553 LODGING HOUSE Article 1 INTERPRETATION 553.1.1 Dwelling unit-defined 553.1.2 Household-defined 553.1.3 Lodging house-defined 553.1.4 Lodging unit-defined Article 2 GENERAL PROVISIONS 553.2.1 General provisions-Chapter 500 553.2.2 Fees-Chapter 501 553.2.3 Schedule`A' -Business Licence Procedure 553.2.4 Operation-without licence-prohibited 553.2.5 Applicable-all ocations-within-outside-City 553.2.6 Application-information-requirements 553.2.7 Fee-first time licence-non-refundable 553.2.8 Inspection-authority-at any reasonable time 553.2.9 Licence-location specific-maximum occupancy 553.2.10 Licence issue-use other than licensed-prohibited 553.2.11 Licence-posted-prominent-inside main entrance 553.2.12 Maximum-occupancy 553.2.13 Lodging units-increase-approval required 553.2.14 Register-maintained-information requirements 553.2.15 Residents-to register-before occupancy KITCHENER 553.1 JANUARY 2005 LODGING HOUSE 553.2.16 Inspection-register-at all reasonable times 553.2.17 On-site person-contact number-required 553.2.18 Licence renewal-investigation of impact 553.2.19 Condition of licence-compliance Article 3 ENFORCEMENT 553.3.1 Fine-for contravention-person 553.3.2 Fine-for contravention-corporation Article 4 VALIDITY 553.4.1 Severability Article 5 REPEAL-ENACTMENT 553.5.1 By-law-previous 553.5.2 Effective date SCHEDULE Schedule`A' -Business Licence Procedure WHEREAS it is deemed expedient to exercise the powers conferred on Council by the Municipal Act, 2001, S.0. 2001, c. 25; AND WHEREAS Council has determined that licensing lodging houses protects consumers and contributes to their safety as there is the ability to require that certain minimal standards with respect to fire and building safety have been met; AND WHEREAS Council has determined that lodging houses that are not located in accordance with zoning requirements or that are not prop- erly managed are likely to cause a nuisance to surrounding property own- ers; JANUARY 2005 553.2 KITCHENER 553.1.1 LODGING HOUSE 553.1.3 AND WHEREAS Council has determined that canvassing surrounding property owners for comments allows staff,fto address concerns related to the lodging house at an early stage and to thereby minimize nuisance to surrounding property owners; AND WHEREAS Council has determined that having a record qflicence holders and the ability to require legal and honest operation Qfsuch busi- nesses and to hold licensees responsible when the business is not con- ducted in accordance with the law or with integrity encourages licensees to comply with the by-law; AND WHEREAS notice of public meeting was given by advertisement in a local newspaper on October 8, 2004; AND WHEREAS a public meeting was held on October 18, 2004 to al- low any person attending to make representations with respect to this by-law. Article I INTERPRETATION 553.1.1 Dwelling unit-defined "dwelling unit"means a room or suite of habitable rooms which: (a) is located in a building; (b) is occupied or designed to be occupied by a household as a sin- gle,independent and separate housekeeping establishment; (c) contains both a kitchen and a bathroom for the exclusive com- mon use of the occupants thereof, and (d) has a private entrance leading directly from outside the building or from a common hallway or stairway inside the building. 553.1.2 Household-defined "household" means one or more persons living together as a single non-profit,independent housekeeping unit,sharing all areas of the dwelling unit. 553.1.3 Lodging house-defined "lodging house"means a dwelling or part thereof containing one or more lodging units which lodging unit or units are designed to accommodate four or more residents in total. The residents may share common areas of the dwelling other than the lodging units, and do not appear to function as a household.This shall not include a hotel,motel,group home,nursing home, hospital or any residential care facility licensed, approved, or supervised under any general or specific Act. KITCHENER 553.3 JANUARY 2005 553.1.4 LODGING HOUSE 553.2.6 553.1.4 Lodging unit-defined "lodging unit"means a room or set of rooms located in a lodging house or other dwelling designed or intended to be used for sleeping and living ac- commodation,which: (a) is designed for the exclusive use of the resident or residents of the unit; (b) is not normally accessible to persons other than the resident or resident of the unit; and (c) may contain either a kitchen or a bathroom but does not contain both for the exclusive use of the resident or residents of the unit. Article 2 GENERAL PROVISIONS 553.2.1 General provisions- Chapter 500 The provisions of Chapter 500 of the City ofKitchener Municipal Code shall apply to this Chapter. In the event of any conflict, the provisions of this Chapter shall apply. 553.2.2 Fees-Chapter 501 The fees for a licence under this Chapter shall be as set out in Chapter 501 of the City of Kitchener Municipal Code. 553.2.3 Schedule `A' -Business Licence Procedure The provisions of Schedule`A'hereto shall form a portion of this Chapter. 553.2.4 Operation-without licence-prohibited No person shall own,operate or permit to be operated a lodging house with- out having made application and having received a licence issued in the name of Council by the Manager of Licensing or his/her delegate. 553.2.5 Applicable-all locations-within-outside-City The provisions of this Chapter apply to any trade, occupation, calling or business described herein that is carried on either wholly or partly within the City even if the business is being carried on from a location outside the City. 553.2.6 Application-information-requirements Every applicant for a lodging house licence shall provide to the Manager of Licensing: (a) the full name, street address, mailing address and telephone number of the registered owner; (b) whether the applicant is a sole proprietorship, partnership or corporation; JANUARY 2005 553.4 KITCHENER 553.2.7 LODGING HOUSE 553.2.12 (c) where the applicant is a sole proprietorship or partnership,the full name,street address and mailing address of the individual comprising the sole proprietorship or of each individual who is a member of the partnership; (d) where the registered owner is a corporation,a copy of the Cer- tificate of Incorporation,a copy of the last annual information return filed,the full name,street address and mailing address of each officer and director of the corporation; (e) the municipal address of the lodging house; (f) the number of residents proposed to be accommodated; (g) the number of lodging units;and (h) the name,address and telephone numbers of the on-site person responsible for the day to day operations of the lodging house if other than the registered owner. 553.2.7 Fee-first time licence-non-refundable The fee for a lodging house licence obtained for the first time for a particular property shall be non-refundable. 553.2.8 Inspection- authority-at any reasonable time The signature of the registered owner on the application form shall be deemed to be permission for inspectors to enter the premises named on the application at any reasonable time in order to carry out necessary inspections. 553.2.9 Licence-location specific-maximum occupancy Every licence issued pursuant to this Chapter applies only with respect to the specified location and for the number of residents stated therein. 553.2.10 Licence issue-use other than licensed-prohibited Where a lodging house licence has been issued under this Chapter no person shall use the lodging house for other than the purpose for which such licence was issued and in accordance with the terms and provisions of the licence. 553.2.11 Licence-posted-prominent-inside main entrance Every person holding a lodging house licence shall display the lodging house licence in a prominent location inside the main entrance of the lodging house. 553.2.12 Maximum-occupancy Every person holding a lodging house licence shall prohibit the occupancy of more lodgers than the number for which the premises are licensed. KITCHENER 553.5 JANUARY 2005 553.2.13 LODGING HOUSE 553.2.19 553.2.13 Lodging units-increase-approval required No person holding a lodging house licence shall increase the number of lodging units without obtaining the approval of the Development and Tech- nical Services Department and an amended licence from the Manager of Licensing. 553.2.14 Register- maintained-information requirements Every person holding a lodging house licence shall maintain a register in which shall be separately entered the name and last address of every occu- pant or resident who occupies the premises, including the description or number of the room occupied by said resident and the date and time ofregis- tration and departure. 553.2.15 Residents-to register-before occupancy Every person holding a lodging house licence shall require each resident to register before occupying the lodging house. 553.2.16 Inspection-register-at all reasonable times Every person who has received a licence shall allow the Licensing Inspector and any emergency services personnel to inspect at any reasonable time the register kept pursuant to Section 553.2.14. 553.2.17 On-site person-contact number-required Every person holding a lodging house licence shall ensure that there is an on-site person responsible for the day to day operations of the lodging house and that the Manager of Licensing is provided with the contact information for this person. 553.2.18 Licence renewal-investigation of impact When a licensee requests renewal of a licence, City staff will solicit com- ments on the operation and impact of the lodging house from owners,occu- pants,and tenants of properties within 60 metres(196.8 feet)of the property on which the lodging house is located.In addition to the grounds set out in Schedule`A'hereto,the Manager of Licensing may refer an application or a licence to Council or a Committee of Council where the City receives unfa- vourable comments on the operation of lodging house in response to such a mailing. 553.2.19 Condition of licence- compliance No person shall violate any condition that Council places on a licence issued under this Chapter. JANUARY 2005 553.6 KITCHENER 553.3.1 LODGING HOUSE 553.5.2 Article 3 ENFORCEMENT 553.3.1 Fine-for contravention-person Every person other than a corporation who contravenes any provision of this Chapter and every director or officer of a corporation who concurs in such contravention by the corporation is guilty of an offence and is liable,upon conviction, to a fine not exceeding Twenty-Five Thousand Dollars ($25,000). 553.3.2 Fine-for contravention-corporation Every corporation that contravenes any provision of this Chapter is guilty of an offence and is liable,upon conviction,to a fine not exceeding Fifty Thou- sand Dollars($50,000). Article 4 VALIDITY 553.4.1 Severability It is hereby declared that each and every of the foregoing sections of this Chapter is severable and that,if any provisions of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall re- main in full force and effect. Article 5 REPEAL-ENACTMENT 553.5.1 By-law-previous By-law 2000-190, section 18 of By-law 2000-228, section 12 of By-law 2001-224,section 20 of By-law 2001-239,section 14 of By-law 2001-233, section 15 of By-law 2001-241,section 21 of By-law 2002-233 and the con- tents oftheprevious Chapter 553 are hereby repealed as of January 1,2005. 553.5.2 Effective date This Chapter comes into force and effect on January 1, 2005. By-law 2004-250, 6 December,2004. KITCHENER 553.7 JANUARY 2005 LODGING HOUSE SCHEDULE Schedule `A' -Business Licence Procedure 1. Upon receipt of a complete licence application the Manager of Li- censing shall either issue or renew a licence hereunder or shall refer the matter to Council or a Committee of Council where appropriate under the provisions of this Chapter or any otherby-law of Council. 2. Save as otherwise provided herein,every licence issued or renewed pursuant to this Chapter shall be issued in the name of Council by the Manager of Licensing. 3. The Manager of Licensing shall not process an application where that application is incomplete. An application will be deemed in- complete where: (a) required information has not been provided on the application form; (b) information or documentation required by the Manager of Licensing as part of the application process has not been provided; (c) the prescribed licence fee is unpaid; or (d) the Manager of Licensing has received an unsatis- factory report regarding an investigation carried out pursuant to Chapter 500 of the City of Kitchener Municipal Code or any other by-law of the City and the conditions causing the report to be unsatisfactory have not been remedied. 4. Where the Manager of Licensing receives an incomplete applica- tion,the Manager of Licensing shall,where an address or other con- tact information has been provided, notify the applicant that the application is incomplete and of the steps required to complete the application. 5. Where the Manager of Licensing decides an application is incom- plete, the applicant shall have the right to appeal that decision to Council or a Committee of Council. 6. If the Manager of Licensing is unable to determine whether an appli- cation is incomplete, he/she may refer the matter to Council or a Committee of Council for consideration. JANUARY 2005 553.8 KITCHENER LODGING HOUSE 7. The Manager of Licensing may refer an application or a licence to Council or a Committee of Council where: (a) the applicant or licensee does not meet the require- ments of this Chapter or any other applicable law or by-law; (b) there are reasonable grounds for belief that an ap- plication or other document provided to the Man- ager of Licensing by or on behalf of an applicant or licensee contains a false statement or provides false information; (c) the past or present conduct of any person,including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with hon- esty and integrity; (d) without limiting the generality of Section 7(c),any person, including the officers, directors, employ- ees or agents of a corporation,has contravened this Chapter or any other by-law or federal or provin- cial statute or regulation while engaged in or conducting the business; (e) any special conditions placed on a former or cur- rent licence of the applicant or licensee under this Chapter have not been met; or (f) the provisions of this Chapter provide grounds not to issue or renew in the circumstances. 8. When any matter has been referred or appealed to Council or a Commit- tee of Council,the applicant or licensee shall be given reasonable notice of the time and place of the hearing and shall be invited to make submissions. 9. When any matter has been referred or appealed to Council or a Commit- tee of Council,after due consideration of the application or licence and after Council or a Committee of Council has heard such representations as the applicant or licensee and staff may care to make,Council may di- rect that the licence be issued or renewed, or may refuse,suspend,re- voke or add conditions to a licence where: KITCHENER 553.9 FEBRUARY 2006 LODGING HOUSE (a) the applicant or licensee does not meet the require- ments of this Chapter or any other applicable law or by-law; (b) information or documentation required by the Manager of Licensing as part of the application process has not been provided; (c) the application is incomplete or the prescribed licence fee is unpaid; (d) the Manager of Licensing receives an unfavour- able report regarding an investigation carried out pursuant to Chapter 500 of the City of Kitchener Municipal Code or any other by-law of the City; (e) there are reasonable grounds for belief that an ap- plication or other document provided to the Man- ager of Licensing by or on behalf of an applicant or licensee contains a false statement or provides false information; (f) the past or present conduct of any person,including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with hon- esty and integrity; (g) without limiting the generality of Section 9(f),any person, including the officers, directors, employ- ees or agents of a corporation,has contravened this Chapter or any other by-law or federal or provin- cial statute or regulation while engaged in or conducting the business; (h) any special conditions placed on a former or cur- rent licence of the applicant or licensee under this Chapter have not been met; (i) the provisions of this Chapter provide grounds not to issue or renew in the circumstances; or JANUARY 2005 553.10 KITCHENER LODGING HOUSE (j) the applicant or licensee has consented to the re- fusal, suspension, revocation or adding of condi- tions to the licence. 10. Where a licensee is convicted of an offence under any federal orprovin- cial Act,any regulation made thereunder, or any by-law of the City in relation to or during the carrying on of the trade,calling,business or oc- cupation licensed hereunder, the licence may be suspended forthwith by Council until such time as the matter can be heard and finally deter- mined by Council.By-law 2004-250,6 December,2004;Schedule`A'; By-law 2006-46, 13 February,2006. KITCHENER 553.11 FEBRUARY 2006