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