Registration of Accessory Apartments No. 2012 ... - Town of Georgina

THE CORPORATION OF THE TOWN OF GEORGINAIN THEREGIONAL MUNICIPALITY OF YORKBY-LAW 2012-0076 (PWE-1)BEING A BY-LAW TO REQUIRE THE REGISTRATIONOF ACCESSORY APARTMENTS IN THE TOWN OFGEORGINAWHEREAS the Council of the Town of Georgina may, pursuant toSection 11 (2) of the Municipal Act, 2001, S. 0. 2001, c. 25, asamended, pass by-laws regarding the health, safety and well-being ofpersons and for the protection of persons and property, includingconsumer protection.BE IT THEREFORE ENACTED BY THE COUNCIL OF THE TOWNOF GEORGINA:1. DEFINITIONSAccessory Apartment means a self-contained dwelling unit within asingle family dwelling, semi-detached dwelling or townhouse dwelling.An accessory apartment must comply with Zoning By-law 500, asamended, and be registered in accordance with this By-law.Applicant means a person applying for Registration under this By-lawand such person shall be the owner(s) of the property or a personauthorized by the owner(s) of the property;Application means an application form provided by the Planning andBuilding Department or Clerk's Division.Deputy Registrar means the Licensing Co-ordinator of the Town ofGeorgina.Inspector means a Building Inspector, a By-law Enforcement Officer,or a Fire Prevention Officer appointed by the Town of Georgina, or anInspector appointed by the Electrical Safety Authority.Owner means the person, persons or company registered on title for agiven property.Registrar means the Town Clerk of the Town of Georgina, or in theabsence of a Town Clerk the Deputy Clerk may act as the Registrar, orthe Registrar may appoint any Town employee to administer this Bylaw.Single Family Dwelling means one completely detached dwellingcontaining one dwelling unit and may contain one accessoryapartment, provided the accessory apartment complies with ZoningBy-law 500, as amended, and is registered in accordance with this Bylaw.Semi-Detached Dwelling means a dwelling that is divided vertically

-Page 2 of By-law 2012-0076 (PWE-1)-into two dwelling units and each dwelling unit may contain oneaccessory apartment, provided the accessory apartment complies withZoning By-law 500, as amended, and is registered in accordance withthis By-law.Townhouse Dwelling means a dwelling containing three or moreattached dwelling units divided vertically, each of which has anindependent entrance directly from the front yard or side yard in thecase of an end unit and each dwelling unit may contain one accessoryapartment, provided the accessory apartment meets Zoning By-law500, as amended, and is registered in accordance with this By-law.2. PROHIBITIONNo person shall establish, operate or permit the occupancy of anaccessory apartment within a single family dwelling, semi-detacheddwelling unit, or townhouse dwelling unit, unless the accessoryapartment is registered in accordance with this By-law.3. REGISTRATION(a) Every owner of a single family dwelling, semi-detached dwellingunit, or townhouse dwelling unit containing an accessoryapartment must register the accessory apartment with theRegistrar in accordance with this By-law.(b) The onus of providing proof that an accessory apartment meetsthe requirements for registration in accordance with this By-lawis on the owner.(c) Prior to registration:An owner of an accessory apartments created prior toNovember 16, 1995 shall:(i) provide acceptable documentation that theaccessory apartment was created prior to November16, 1995; and,(ii) ensure the accessory apartment was inspected by aninspector to ensure that it complied with all relevantstandards set out in the Ontario Fire Code, asamended, Ontario Electrical Code, as amended andwhere necessary, the Ontario Building Code, asamended. Written documentation from an Inspectorthat confirms the accessory apartment complies withthe relevant standards is required.An owner of an accessory apartment created on or afterNovember 16, 1995 shall:(i) obtain a building permit under the Ontario BuildingCode, as amended, for an accessory apartment withsatisfactory final inspections completed. Theaccessory apartment must comply with the relevantprovisions set out in Zoning By-law 500.

-Page 4 of By-law 2012-0076 (PWE-1)-8. OTHER APPLICABLE LAWSNotwithstanding any provision in this By-law, it is the owner'sresponsibility to comply with all applicable Codes and By-laws.9. INSPECTION(a) The Town may enter on a lot at any reasonable time for thepurpose of carrying out an inspection to determine whether ornot the following are being complied with:(i)(ii)(iii)the provisions of this By-law;an order issued under this By-law; or,an order made under Section 431 of the MunicipalAct, 2001, S.O. 2001, c. 25 as amended.(b) Where an inspection is conducted by the Town, the personconducting the inspection may:(i)(ii)(iii)(iv)require the production for inspection of documentsor things relevant to the inspection;inspect and remove documents or things relevantto the inspection for the purpose of making copiesor extracts;require information from any person concerning amatter related to the inspection including theirname, address, phone number and identification;and,alone or in conjunction with a person possessingspecial or expert l

-Page 5 of By-law 2012-0076 (PWE-1)-(i)(ii)(iii)(iv)upon a first conviction, to a fine of not less than$100.00 and not more than $50,000.00;upon a second or subsequent conviction for the sameoffence, to a fine of not less than $400.00 and notmore than $100,000.00;upon conviction for a continuing offence, to a fine ofnot less than $100.00 and not more than $10,000 foreach day or part of a day that the offence continues.The total of the daily fines may exceed $1 00,000.00;and,upon conviction of a multiple offence, for each offenceincluded in the multiple offence, to a fine of not lessthan $100.00 and not more than $10,000.00. The totalof all fines for each included offence is not limited to$100,000.00.(e)For the purposes of this By-law, "multiple offence" means anoffence in respect of two or more acts or omissions each ofwhich separately constitutes an offence and is acontravention of the same provision of this By-law.For the purposes of this By-law, an offence is a second or subsequentoffence if the act giving rise to the offence occurred after a convictionhad been entered at an earlier date for the same offence.READ a first, second and third time and finally passed this 20 1 h dayof August, 2012.~~~Rebecca Mathewson:eptJt)ICierk