HomeMy WebLinkAboutBy-law No. 2011-136 - Amend c.640 - Heat in Rented Dwellings
BY-LAW NUMBER
~\l- r 3ft:,
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 640 of The City of
Kitchener Municipal Code with respect to Heat in Rented
Dwellings).
WHEREAS it is deemed expedient to amend Chapter 640 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Article 1 is hereby amended by deleting section 640.1.1 and substituting the
following therefor:
"Section 640.1.1
"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).
"Corporation" shall mean The Corporation of the City of Kitchener.
"Officer" shall include the Director of Enforcement, a by-law officer, a municipal
law enforcement officer, or any person appointed by the Corporation whose
duties include the enforcement of this Chapter,"
2. Article 2 is hereby amended by adding the following section thereto:
"Section 640.2.2
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."
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3. Article 3 is hereby amended by deleting section 640.3.1 and substituting the
following therefor:
"Section 640,3,1
(a) An Officer may enter on land at any reasonable time for the purpose of.
carrying out an inspection to determine whether or not the following are
being complied with:
(i) this Chapter;
(ii) a direction or order of the Corporation made under this Chapter; or
(iii) an order made under section 431 of the Municipal Act, 2001, S.O.
2001, c.25.
(b) For the purposes of conducting an inspection pursuant to section 640.3.1
of this Chapter, an Officer may, in accordance with the provisions of
section 436 of the Municipal Act, 2001, S.O. 2001, c.25:
(i) require the production for inspection of documents or things
relevant to the inspection;
(ii) inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
(iii) require information from any person concerning a matter related to
the inspection; and
(iv) 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.
(c) Entry to any place actually being used as a dwelling unit shall be subject
to the requirements of the Municipal Act, 2001, S,Q. 2001, c.25."
4. Article 4 is hereby amended by adding the following sections thereto:
"Section 640.4.2
Where a person who is directed or required to do a matter or thing in accordance
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/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
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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.
Section 640.4.3
Where a person who is directed or required to do a matter or thing in accordance
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 T en 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.
Section 640.4.4
Where a matter or thing is done in accordance with Section 640.4.2 or 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."
PASSED at the Council Chambers in the City of Kitchener this
f q e<<:- day
of
, A.D. 2011.
~Jjr
Mayor
6
Clerk