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Copyright © 2001
Being a by-law to provide for powers of entry on land for the purpose of carrying out inspections.
WHEREAS section 436 the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that the City has the power to pass by-laws providing that the City may enter on land at any reasonable time for the purpose of carrying out an inspection;
AND WHEREAS section 438 of the Municipal Act, 2001 provides that the City has the power to pass by-laws providing that the City may undertake inspections pursuant to orders issued under section 438;
AND WHEREAS sections 435 and 437 of the Municipal Act, 2001 set out certain additional powers and restrictions governing the powers of entry;
NOW THEREFORE the Council of the Corporation of the City of London enacts as follows:
1.1 This by-law may be cited as the “Inspections By-law”.
2.1 For the purpose of this by-law:
“City” means The Corporation of the City of London;
“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, or any predecessor Municipal Act;
“Officer” means an employee, officer or agent of the City whose duties include conducting inspections and/or enforcing the City’s by-laws, and a police officer with London Police Services;
3.1 This by-law applies to all by-laws passed under authority of the Municipal Act.
4.1 An Officer, and anyone under the Officer’s direction, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether the following are being complied with:
4.2 For the purposes of an inspection under this by-law, the Officer may:
4.3 (a) A sample taken under subsection 4.2(d) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities.
(b) If a sample is taken under subsection 4.2(d) and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.
(c) A receipt shall be provided for any document or thing removed during an inspection and the document or thing shall be promptly returned after the copies or extracts are made.
(d) Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.
5.1 An Officer may enter on lands for the purpose of carrying out an inspection pursuant to an order issued by a provincial judge or justice of the peace under section 438 of the Municipal Act.
5.2 An Officer may apply for an order under section 438 of the Municipal Act in the following circumstances:
5.A INSPECTION FEE
5.A1 An inspection fee, as stated in the Fees and Charges By-law, may be imposed when an Officer conducts an inspection in which there is a failure to remedy a by- law violation by the date of compliance set out in a written notice or Order or when an Officer conducts an inspection where there is a repeat by-law violation.
6.0 Unless otherwise provided in the Municipal Act, in an order under section 438 of the Municipal Act, or in a warrant under section 439 of the Municipal Act, the following conditions apply to a power of entry under this by-law:
7.1 Despite any provision of this by-law, a person exercising a power of entry shall not enter or remain in any room or place actually being used as a dwelling unless:
8.1 Effective date
This by-law shall come into force and effect on the day that it is passed. PASSED in Open Council on November 3, 2008.
Anne Marie DeCicco-Best
First Reading - November 3, 2008
Second Reading - November 3, 2008
Third Reading – November 3, 2008
|By-Law No.||Date Passed at Council|
|A-30||November 3, 2008|
|A-30-10001||May 3, 2010|