City of Kingston Act, 1996

EXPLANATORY NOTE

The purpose of the Act is to authorize the council of the City of Kingston to pass by-laws requiring the owners and occupants of commercial property in those areas of the City that are designated by by-law as improvement areas to clean away garbage and other debris from the sidewalks abutting their land.

Bill Pr591996

An Act respecting the City of Kingston

Preamble

The Corporation of the City of Kingston, referred to in this Act as the Corporation, has applied for special legislation in respect of the matters set out in this Act.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

By-laws respecting removal of garbage and debris

1. (1) The council of the Corporation may pass by-laws with respect to commercial property within any area in the City of Kingston that is designated as an improvement area by a by-law passed under section 220 of the Municipal Act,

(a) requiring the owners and occupants of land to clear away and remove garbage and other debris from the sidewalks abutting their land, except the portions used for motor vehicle traffic;

(b) authorizing the council to direct owners or occupants of land to do the things described in clause (a);

(c) exempting one or more classes of owners or occupants from doing the things described in clauses (a) and (b).

Notice

(2) No steps shall be taken to enforce a by-law passed under clauses (1) (a) and (b) until the owners or occupants of the land have been given a written notice requiring compliance with the by-law within the time specified in the notice but no sooner than 72 hours after the giving of the notice.

Service

(3) The notice may be given by personal service upon the person to whom it is directed or by sending it by certified mail to that person.

Same

(4) A notice sent by certified mail shall be sent to the last known address of the person to whom it is directed and it shall be deemed to have been given on the day it is delivered to that address.

Default

2. (1) If the owners or occupants of land fail to comply with a by-law passed under clauses 1 (1) (a) and (b) within the time specified in the notice given under subsection 1 (2), the Corporation may do the work or arrange for the work to be done.

Recovery of costs

(2) The Corporation may recover all expenses, including administrative fees, from the owners or occupants by action or it may collect them in like manner as municipal taxes.

Highway right of way

3. Nothing in this Act affects any right or duty of the Corporation with respect to any highway right of way.

Commencement

4. This Act comes into force on the day it receives Royal Assent.

Short title

5. The short title of this Act is the City of Kingston Act, 1996.