The URL can be used to link to this page

Home My WebLink AboutChapter 640 - Heat in Rented Dwellings PROPERTY MAINTENANCE Chapter 640 HEAT IN RENTED DWELLINGS Article 1 INTERPRETATION 640.1.1 Adequate and suitable heat- defined 640.1.2 Corporateion - defined 640.1.3 Officer- defined Article 2 ADEQUATE AND SUITABLE 640.2.1 Duty of landlord- to provide 640.2.2 Space heaters -user-restriction Article 3 AUTHORITY MUNICIPAL LAW ENFORCEMENT OFFICER 640.3.1 Inspection of premises - authority 640.3.2 Inspection - documents - information - obtained 640.3.3 Entry- dwelling - authority 640.3.4 Obstruction -prohibited Article 4 ENFORCEMENT 640.4.1 Fine- for contravention 640.4.2 Order issued- non-compliance-remedy-director 640.4.3 Order issued-non-compliance-remedy- Council KITCHENER 640.1 OCTOBER 2011 640.1.1 HEAT IN RENTED DWELLINGS 640.2.2 640.4.4 Remedy by City-recovable as taxes Article I INTERPRETATION 640.1.1 Adequate and suitable heat- defined ,.adequate and suitable heat'means that the minimum temperature of the air in the accommodation which is available to the tenant or lessee is 21 degrees Celsius(70 degrees Fahrenheit). 640.1.2 Corporation- defined "Corporation"shall mean The Corporation of the City of Kitchener. 640.1.3 Officer-defined "officer"shall include the Director of Enforcement,a by-law officer,a mu- nicipal law enforcement officer,or any person appointed by the Corporation whose duties include the enforcement of this Chapter.By-law 2011-136,19 September,2011. Article 2 ADEQUATE AND SUITABLE 640.2.1 Duty of landlord-to provide That every building or part of a building within the City which is rented or leased as dwelling or living accommodation and which,as between the ten- ant or lessee and the landlord,is normally heated by or at the expense of the landlord shall be provided with adequate and suitable heat by or at the ex- pense of the landlord. By-law 87-181, 17 August, 1987. 640.2.2 Space heaters-use-restriction Space heaters may not be used as a heat source for the purpose of obtaining compliance with the provisions of this by-law except: (a) on a temporary basis as reasonably necessary;and (b) where powered solely by electricity. OCTOBER 2011 640.2 KITCHENER 640.3.1 HEAT IN RENTED DWELLINGS 640.3.4 Article 3 AUTHORITY MUNICIPAL LAW ENFORCEMENT OFFICER 640.3.1 Inspection of premises-authority An officer may enter on land at any reasonable time for the purpose ofcarry- ing out an inspection to determine whether or not the following are being complied with: (a) this Chapter; (b) a direction or order of the Corporation made under this Chapter; or (c) an order made under section 431 of the Municipal Pict, 2001, S.O.2001,c.25. 640.3.2 Inspection-documents-information-obtained For the purposes of conducting an inspection pursuant to Section 640.3.1,an Officer may,in accordance with the provisions of section 436 of the Munici- palAct, 2001, S.O.2001,c. 25: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspec- tion for the purpose of making copies or extracts; (c) require information from any person concerning a matter re- lated to the inspection;and (d) alone or in conjunction with a person possessing special or ex- pert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 640.3.3 Entry-dwelling-authority Entry to any place actually being used as a dwelling unit shall be subject to the requirements of theMunicipalAct,2001.By-law 2011-136,19 Septem- ber,2011. 640.3.4 Obstruction-prohibited No person shall obstruct,hinder,delay or prevent the Municipal Law En- forcement Officer or any person acting under his/her direction or instruc- tions in the exercise of any power conferred or the performance of any duty imposed by this Chapter.By-law 87-181,17 August 1987;By-law 95-97,19 June, 1995. KITCHENER 640.3 OCTOBER 2011 640.4.1 HEAT IN RENTED DWELLINGS 640.4.4 Article 4 ENFORCEMENT 640.4.1 Fine-for contravention Every person who contravenes any provision of this Chapter is guilty of an offence and is liable,upon conviction,to a fine not exceeding Five Thousand Dollars($5,000.00),exclusive of costs,for each offence,recoverable under the Provincial Offences Pict. By-law 91-188, 13 May, 1991. 640.4.2 Order issued-non-compliance-remedy-Director Where a person who is directed or required to do a matter or thing in accor- dance with the provisions of this Chapter does not do so and in the opinion of the Director of Enforcement the costs associated with such matter or thing are not anticipated to exceed Ten Thousand Dollars($10,000),the Director of Enforcement or his or her designate is hereby delegated the authority to cause the matter or thing to be done and for this purpose to enter or cause the Corporation's employees or agents together with persons accompanying them who are under their direction from time to time to enter in and upon land at any reasonable time for the purpose of causing the matter or thing to be done in accordance with the requirements of this Chapter. 640.4.3 Order issued-non-compliance-remedy-Council Where a person who is directed or required to do a matter or thing in accor- dance with the provisions of this Chapter does not do so and in the opinion of the Director of Enforcement the costs associated with such matter or thing are anticipated to exceed Ten Thousand Dollars($10,000), Council of the Corporation may cause the matter or thing to be done and for this purpose the Corporation's employees or agents together with persons accompanying them who are under their direction from time to time may enter in and upon land at any reasonable time for the purpose of causing the matter or thing to be done in accordance with the requirements of this Chapter. 640.4.4 Remedy by City-recoverable as taxes Where a matter or thing is done in accordance with Section 640.4.2 or Sec- tion 640.4.3,it shall be done at the expense of the person directed or required to do it and the Corporation may recover the costs by action or by adding them to the tax roll and collecting them in the same manner as property taxes. By-law 2011-136, 19 September,2011. OCTOBER 2011 640.4 KITCHENER