HomeMy WebLinkAboutVienna By-Laws 1987 •
Vienna Village
By , Laws
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By-Laws
# 817— 833
1987
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THE CORPORATION OF THE VILLAG=E OF VIENNA
BY-LAW NO . 817
BEING A BY-LAW to confirm all actions of
the Council of the Village of Vienna for
year commencing December 1 , 1905 to
November 30 , 1986 .
BE IT ENACTED by the Municipal Council of the Corporation of
the Village of Vienna that all actions by the said Council
by by-laws and resolutions for the year commencing
December 1 , 1985 to November 30 , 19 86 be and the same
are hereby approved and confirmed .
REAL) a FIRST , SECOND AND THIRD TIME and FINALLY PASSED this
8th day of January , 1987 .
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REEVE
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CLERK ye_
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THE CORPORATION OF THE VILLAGE OF VIENNA
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BY- LAW NO . 817
BE I NG A BY-LAN to confirm all actions of
the Council of the Village of Vienna for
year commencing December 1 , 1985 to
November 30 , 1986 .
BE IT ENACTED by the Municipal Council of the Corporation of
the Village of- Vienna that all actions by the said Council
by by-laws and resolutions for the year commencing
December 1 , 1985 to November 30 , 1986 be and the same
are hereby approved and confirmed .
READ a FIRST , SECOND AND THIRD TIME and FINALLY PASSED this
8th day of January , 1987 .
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 817
BEING A BY-LAW to confirm all actions of
the Council of the Village of Vienna for
year commencing December 1 , 1985 to
' November 30 , 1986 .
BE IT ENACTED by the Municipal Council of the Corporation of
the Village of Vienna that all actions by the said Council
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by by- laws and resolutions for the year commencing
December 1 , 1985 to November 30 , 19 86 be and the same
are hereby approved and confirmed .
• REAL) a FIRST , SECOND AND THIRD TIME and FINALLY PASSED this
8th day of January , 1987 .
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REEVE
CCK
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 818
BEING A BY-LAW to
appoint Laurie Monk as an employee of the
Corporation of the Village of Vienna .
WHEREAS Sections 77 , 79 and 87 of The Municipal Act ,
R . S . O . 1980 , c . 302 , requires the Council to appoint a Clerk ,
Treasurer and Tax Collector ;
NOW THEREFORE BE IT ENACTED by the Municipal Council of the
Village of Vienna as follows :
1 . THAT Laurie Monk be and is hereby appointed Clerk-Treasurer
and Tax Collector and Licence Issuer ' of the Corporation .
2 . In addition to the duties required to be performed under
and statute , Laurie Monk shall perform such other duties
as may , from time to time , be assigned to the Clerk-Treasurer
by by-law of the Council .
3 . The Clerk-Treasurer and Tax Collector and Licence Issuer
shall be paid a salary of $ 550 . 00 for the year 1987 and
thereafter until such time as a new salary is established .
4 . That in consideration of the use of the Clerk-Treasurer ' s
own vehicle for municipal business purposes , a car allowance
of $ 50 . 00 per month be paid to the aforementioned Clerk -
Treasurer .
5 . By-Law Number 811 , being a by-law to appoint Lia-Mai
Barras as an employee for the Corporation of the Village
of Vienna is hereby repealed .
6 . This by-law shall take effect on the 1st day of May , 1987 .
READ a FIRST , SECOND and THIRD TIME this 9th day of April , 1987 .
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REEVE
CLERK
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TME CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 818
i, BEING A BY-LAW to
appoint Laurie Monk as an employee of the
Corporation of the Village of Vienna .
WHEREAS Sections 77 , 79 and 87 of The Municipal Act ,
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R . S . O . 1980 , c . 302 , requires the Council to appoint a Clerk ,
1 Treasurer and Tax Collector ;
i NOW THEREFORE BE IT ENACTED by the Municipal Council of the
Vi l lace of Vienna as follows
111 :
1 . THAT Laurie Monk be and is hereby appointed Clerk-Treasurer
and Tax 'Collector and Licence Issuer ' of the Corporation .
2 . In addition to the duties required to be performed under
and statute , Laurie Monk shall perform such other duties
as may , from time to time , be assigned to the Clerk-Treaaurlr
by by-law of the Council .
3 . The Clerk-Treasurer. ani Tax Collector and Licence Issuer
shall be paid a polary of $ 550 . 00 for the year 1987 and
thereafter until such time as a new salary is established ,
4 . That in consideration of the use of the Clerk-Treasurer ' s
own vehicle for municipal business purposes , a car allowance
of $ 50 . 00 per month be paid to the aforementioned Clerk
Treasurer .
5 . By-Law Number 811 , being a by-law to appoint Lia-Mai
Barras as an employee for the Corporation of the Village
of Vienna is hereby repealed .
6 . This by-law shall take effect on the 1st day of May , 1987 .
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READ a FIRST , SECOND and THIRD TIME this 9th day of April , 1987 .
L„,
CLERK
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 818
BEING A BY-LAW to
appoint Laurie Monk as an employee of the
Corporation of the Village of Vienna .
WHEREAS Sections 77 , 79 and 87 of The Municipal Act ,
R . S .O . 1980 , c . 302 , requires the Council to appoint a Clerk ,
Treasurer and Tax Collector :
NOW THEREFORE BE IT ENACTED by the Municipal Council of the
410 Village of Vienna as follows :
1 . THAT Laurie Monk be and is hereby appointed Clerk-Treasurer
and Tax Collector and Licence Issuer ' of the Corporation .
2 . In addition to the duties required to be performed under
and statute , Laurie Monk shall perform such other duties
as may , from time to time , be assigned to the Clerk-Treasurer
t by by-law of the Council .
3 . The Clerk-Treasurer ani Tax Collector and Licence Issuer
shall be paid a phcary of $ 550 . 00 for the year 1987 and
thereafter until such time as a new salary is established .
4 . That in consideration of the use of the Clerk-Treasurer ' s
own vehicle for municipal business purposes , a car allowance
of $ 50 . 00 per month be paid to the aforementioned Clerk -
Treasurer .
5 . By-Law Number 811 , being a by-law to appoint Lia-Mai
Barras as an employee for the Corporation of the Village
of Vienna is hereby repealed .
6 . This by-law shall take effect on the 1st day of May , 1987 .
READ a FIRST , SECOND and THIRD TIME this 9th day of April , 1987.
REEVE
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CLERK
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LUl 10. S19
Being a By-law to Regulate the Use of Land , Buildings and
Structures on Lots 13 , 14 , 15 , 16 and 17 Bast of Union
Street , Lots 7 , 8 , 9 , 18 and 11 North of Fulton Street and
Part of Pine Street , Plan 54 .
p WHEREAS the Cs:
ouncil of the Cor oration of the Villa a of Vienna
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has deemed it advisable to develop zoning standards for certain
properties n the municipality ;
N I THEREFORE , the Counci l of the Corporation of the Village of
Vienna enacts as follows :
SECTION 1 - INTERPRETATION AND ADMINISTRATION
1 . 1 APPLICATION
The provisions of this By-law shall apply to all lands ,
buildings and structures within the boundaries of Lots
13 , 14 , 15 , 16 and 17 East of Union Street , Lots 7 , 8 ,
9 , 10 and 11 North of Fulton Street and part of Pine
Street , Plan 54 , in the Village of Vienna as shown on
Schedule ' A ' attached to and forming part of this
By- law .
1 . 2 SCOPE
No lands shall be used and no buildings or structures
shall be erected or used within the boundaries of Lots
13 , 14 , 15 , 16 and 17 East of Union Street , Lots 7 , 8 ,
9 , 10 and 11 North of Fulton Street and Part of Pine
Street , Plan 54 except in conformity with the
provisions of this By-law .
1 . 3 ADMINISTRATION
This By- law shall be administered by the Building
Inspector or other such persons as the Council of the
Village of Vienna designates .
1 . 4 REPEAL OF EXISTING BY-LAWS
All previous by-laws applying to the lands described in
this By- law and passed by the municipality under the
Planning Act , or a predecessor thereof , are hereby
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repealed except to the same extent that any of the said
by- laws prohibit the use of any land , building , or
structure for a purpose that is also prohibited by this
By- law .
1 . 5 APPLICATION OF OTHER BY-LAWS
Nothing in this By- law shall serve to relieve any
person from the obligation to comply with the require-
ments of any other By- law of the Municipality in force
from time to time or the obligation to obtain any
licence , permit , authority , or approval required under
any By- law of the Municipality .
1 . 6 VALIDITY
Should any section , clause or provision of this By-law
be held by a court of competent jurisdiction to be
invalid , the validity of the remainder of the By- law
shall not be affected .
SECTION 2 - DEFINITIONS
2 . 1 ACCESSORY , shall mean a use , a building , or structure
tFT normally incidental , subordinate , and exclus-
ively devoted to a main use , building , or structure and
that is located on the same lot as the main use ,
building or structure .
2 . 2 BUILDING , shall include any structure whether temporary
or permanent , used or intended for sheltering any use
or occupancy but shall not include a boundary wall ,
fence , travel trailer , camping trailer , truck camper ,
motor home or tent .
2 . 3 BUILDING INSPECTOR , shall mean the officer or employee
of the Municipality for the time being charged with the
duty of enforcing the provisions of this By- law .
2 . 4 COVERAGE , shall mean in the case of a residential
building or structure that portion or percentage of the
area of any lot upon which buildings or structures are
erected or permitted to be erected on the lot ( not in-
cluding an outdoor swimming pool ) measured at the level
of the lowest storey containing habitable rooms , and in
the case of a non- residential building or structure
that portion or percentage of the area of buildings or
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structures erected or permitted to be erected on the
lot ( not including an outdoor swimming pool ) measured
at the level of the lowest storey above grade , includ -
ing in both cases all porches , verandahs , balconies ,
steps , cornices , eaves , bay windows and chimneys but
excluding uncovered terraces .
2 . 5 DWELLING , shall mean a building , occupied or capable of
being occupied exclusively as a home , residence or
sleeping place by one or more persons , but shall not
include hotels , boarding houses , rooming houses ,
motels , institutions , mobile homes , caretaker quarters ,
or similar accessory living quarters .
2 . 6 DWELLING , APARTMENT , shall mean a dwelling , consisting
o f four or more dwelling units which units have a
common entrance from the street level and the occupants
o f which have the right to use , in common , halls and/or
stairs and/or elevators and yards .
2 . 7 DWELLING , SINGLE-FAMILY DETACHED , shall mean a com-
pletely detached dwelling unit designed , and intended
for occupancy by one family but which does not include
mobile homes .
2 . 8 DWELLING UNIT , shall mean one or more habitable rooms
occupied or capable of being occupied by an individual
o r family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary
facilities are provided for the use of such individual
or family , with a private entrance from outside the
building or from a common hallway or stairway inside
the building .
2 . 9 ERECT , shall include build , construct , reconstruct ,
alter and relocate and , not to limit the generality of
the foregoing , shall be taken to include any prelimin-
ary physical operation such as excavating , grading ,
piling , cribbing , filling or draining , and the
structural alteration of any existing building or
structure by an addition , deletion , enlargement or
o xtension .
2 . 10 EXISTING , shall mean existing as of the date of passing
of this by- law .
2 . 11 GRADE , shall mean when used with reference to a
building , the average elevation of the finished surface
o f the ground where it meets the exterior of the front
o f such building and when used with reference to a
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structure means the average elevation of the finished
grade of the ground immediately surrounding such
structure , exclusive in both cases of any artifical
embankment or entrenchment and when used with reference
to a road means the elevation of the road established
by the authority having jurisdiction .
2 . 12 HEIGHT , when used with reference to a building or
structure shall mean the vertical distance between the
horizontal plane through grade level and a horizontal
plane through :
a ) the highest point of the roof assembly in the case
of a building with a flat roof or a deck roof ;
b ) the average level of a one slope roof , between the
ridge and the eaves , provided that such roof
having a slope of less than twenty ( 20 ) degrees
with the horizontal shall be considered a flat
roof ;
c ) the average level between eaves and ridges in the
case of a roof type not covered in subsections a )
and b ) immediately preceding .
The height regulations shall not apply to any
ornamental dome , skylight , chimney , tower , storage
silo , elevator enclosure , flag pole or antennae ,
cupola , steeple , or church spire .
2 . 13 INSTITUTIONAL USE , shall mean the use of land ,
buildings or other structures for some public or social
purpose but not for commercial purposes . These uses
may include governmental , religious , educational ,
charitable , philanthropic , or other similar but
non-commercial uses and notwithstanding the generality
o f the foregoing , institutional uses may include :
museums , schools , churches , municipal offices , a post
o ffice , hospitals , and libraries .
2 . 14 LOT , shall mean a parcel of land , described in a
✓ egistered deed or other document legally capable of
conveying land or shown as a lot or block on a
registered plan of subdivision including any of its
parts which are subject to a right- of -easement but does
not include a lot or a block on a registered plan of
subdivision which has been deemed not to be a
registered plan of subdivision by a by- law passed
pursuant to the Planning Act , as amended or revised
from time to time .
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2 . 15 LOT AREA , shall mean the total horizontal area within
the lot lines of a lot , except in the case of a corner
lot having street lines rounding at the corner with a
radius of six ( 6 . 0 ) metres , or less , where the lot area
of such lot shall be calculated as if the lot lines
were projected to their point of intersection .
2 . 16 LOT DEPTH , shall mean the horizontal distance between
the front and rear lot lines . If these lines are not
parallel , it shall be the length of a line joining the
mid -points of the front and rear lot lines . When there
is no rear lot line , lot depth means the length of a
straight line joining the middle of the front lot line
with the apex of the triangle formed by the side lot
lines .
2 . 17 LOT FRONTAGE , shall mean the horizontal distance
between the side lot lines of a lot measured at right
angles , but where such lot lines are not parallel , the
lot frontage shall be measured perpendicularly to the
line joining the centre of the front and the centre of
the rear lot lines at a point six ( 6 ) metres back from
the front lot line , and where such lot lines meet , the
lot frontage shall be measured perpendicularly to the
line joining the apex of the triangle formed by the
side lot lines and a point six ( 6 ) metres back from the
front lot line .
2 . 18 LOT LINES , shall mean the boundary lines of a lot
defined as follows :
a ) Front lot lines shall mean , except in the case of
a corner lot , the line dividing the lot from the
street ; in the case of a corner lot the shorter
boundary line abutting the street shall be deemed
the front lot line and the longer boundary line
abutting the street shall be deemed the side lot
line , in case each of such lot lines should be of
equal length the front lot line shall be deemed to
be the front lot line as established in the block
by prior construction .
b ) Rear lot line shall mean the lot line farthest
from or opposite to the front lot line . In the
case of lots abutting streets on more than two
sides , the rear lot line shall mean the rear lot
line as established by prior construction .
c ) Side lot line shall mean a lot line other than a
front or rear lot line .
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2 . 19 MAIN WALL , shall mean the exterior front , side , or rear
wall of a building , and all structural members essen-
tial to the support of a fully enclosed space or roof ,
but shall not include structures which are otherwise
permitted as encroachments in yards , unless such
structures require a foundation below grade .
2 . 20 MAIN USE , BUILDING , OR STRUCTURE , shall mean the use ,
building or structure designed or used as the
111 principal use , building , or structure on the lot .
2 . 21 MUNICIPALITY , shall mean the Corporation of the Village
of Vienna
2 . 22 NON-COMPLYING , shall mean that which does not conform ,
comply or agree with the regulations of this By- law as
of the date of passing .
2 . 23 NON-COMFORMING , shall mean a use , building or structure
which is not a use , building or structure permitted in
the zone in which the said use , building or structure
is situated .
2 . 24 PARKING LOT , shall mean an area provided for the
temporary parking of two or more motor vehicles and may
include aisles , parking spaces and related entrance and
exit lanes , but shall not include any part of a public
street .
2 . 25 PARKING SPACE , shall mean an area enclosed in a
principal building , in an accessory building , or
unenclosed , having an area of not less than fifteen
( 15 ) square metres , exclusive of aisles or driveways
and accessible to a street or lane and set aside for
the purpose of the temporary parking or storage of a
motor vehicle .
2 . 26 PERMITTED , shall mean permitted by this By-law .
2 . 27 RESIDENTIAL USE , shall mean the use of a building or
structure or parts thereof as a dwelling .
2 . 28 STREET or ROAD , shall mean a provincial highway , a
county road , a village road or improved street which
affords the principal means of access to abutting lots
but does not include a lane or a private right-of-way .
2 . 29 STREET LINE , shall mean the limit of the street
allowance and is the dividing line between a lot and a
street .
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2 . 30 STRUCTURE , shall mean any material , object , or work
erected as a unit or constructed or put together of
connected or dependent parts or elements whether
located under , on , or above the surface of the ground ,
but does not include a sign , a fence or an outdoor
swimming pool .
2 . 31 USE , when used as a noun , shall mean the purpose for
which any land , building or structure is designed ,
110 arranged or intended to be occupied or used , or for
which it is occupied , used or maintained .
2 . 32 WATER SUPPLY SYSTEM , MUNICIPAL , shall mean a publicly-
owned and operated system whereby water is piped to
more than one dwelling .
2 . 33 YARD , shall mean an open space on the same lot with a
main building or structure unoccupied and unobstructed
except as otherwise provided in this .
a ) FRONT YARD , shall mean a yard extending across
the full width of the lot between the front lot
line and the nearest wall of the main building on
such lot . The depth of any front yard shall be
deemed to be the perpendicular distance measured
in a horizontal plane between a point in the front
lot line and the nearest part of the main building
or structure .
b ) REAR YARD , shall mean a yard extending across the
full width of the lot between the rear lot line
and the nearest wall of the main building on such
lot . The depth of any rear yard shall be deemed
to be the perpendicular distance measured in a
horizontal plane between a point in the rear lot
line and the nearest part of the main building or
structure .
c ) SIDE YARD , shall mean a yard between a building or
structure and the side lot line which constitutes
an area of the lot that is not otherwise defined
as a front yard or rear yard by this By- law. The
depth of any side yard shall be deemed to be the
perpendicular distance measured in a horizontal
plane between a point in the side lot line and the
nearest point of the main building or structure .
�--� d ) SIDE YARD , EXTERIOR , shall mean a side yard
immediately adjacent to a public street .
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2 . 34 ZONE , shall mean an area delineated on a Zoning Map or
Schedule , and identified by a Zone Symbol within which
a specific use or group of uses are permitted by this
" "1 SECTION 3 - ZONES AND ZONING MAP
111 3 . 1 ESTABLISHMENT OF ZONE
For the purpose of this By- law the map hereto attached
as Schedule "A" shall be referred to as the " Zoning
Map" for Lots 13 , 14 , 15 , 16 and 17 East of Union
Street , Lots 7 , 8 , 9 , 10 and 11 North of Fulton Street
and Part of Pine Street , Plan 54 in the Village of
Vienna and will include the following zones :
ZONE SYMBOL
Residential -First Density Ri
Residential -Second Density R2
3 . 2 USE OF ZONE SYMBOL
The symbols listed in subsection 3 . 1 shall be used to
refer to land , buildings , and structures and the uses
thereof permitted by this By- law in the said zones .
3 . 3 APPLICATION OF REGULATIONS
No person shall within the zones established by this
By- law use any land or erect , build , construct ,
reconstruct , relocate , excavate for , alter , add to ,
enlarge , extend or use any building or structure ,
except in conformity with this By-law for the zone in
which such land , building , structure or use is located .
3 . 4 INTERPRETATION OF ZONE BOUNDARIES
The boundary of the zones is as shown in heavy solid
lines on the Zoning Map hereto attached as Schedule " A"
which schedule forms part of this By- law .
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SECTION 4 - RESIDENTIAL - FIRST DENSITY ( R1 ) ZONE REGULATIONS
4 . 1 PERMITTED USES
a ) residential uses
b ) home occupations
c ) accessory uses
4 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) one single- family detached dwelling on one lot
b) accessory buildings and structures for the
permitted uses
4 . 3 MINIMUM LOT AREA
1 , 000 square metres
4 . 4 MINIMUM LOT FRONTAGE
24 metres
4 . 5 MINIMUM LOT DEPTH
33 metres
4 . 6 MAXIMUM BUILDING COVERAGE
25 percent
4 . 7 MINIMUM FLOOR AREA
80 square metres
4 . 8 MINIMUM FRONT YARD
7 metres
4 . 9 MINIMUM SIDE YARD
a ) Where a garage or carport is attached , the minimum
width shall be 1 . 5 metres plus 0 . 5 metres for each
additional or partial storey above the first
storey on each side of the combined building .
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b ) Where no garage or carport is attached , the
minimum width shall be 1 . 5 .metres plus 0 . 5 metres
for each additional or partial storey above the
first storey on one side of the main building and
a minimum of 3 metres on the other side of the
main building .
c ) On a corner lot , the side yard abutting a public
street shall be on a minimum of 3 . 5 metres and the
side yard on the other side of the main building
shall be a minimum of 1 . 5 metres .
4 . 10 MINIMUM REAR YARD
7 metres
4 . 11 REGULATIONS FOR ACCESSORY BUILDINGS
a ) Except as provided in paragraph b) of this clause ,
no accessory building shall be located within 1 . 5
metres of a side or rear lot line .
b ) Notwithstanding the provisions of paragraph a ) , no
accessory building shall be located within 6
metres of a public street .
c ) Maximum Height - 3 . 5 metres .
d ) Maximum Floor Area - 18 . 5 square metres .
SECTION 5 - RESIDENTIAL - SECOND DENSITY ( R2 ) ZONE REGULATIONS
5 . 1 PERMITTED USES
a ) residential uses
b ) home occupations
c ) accessory uses
5 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) dwelling , apartment on one lot
b) accessory buildings and structures for the
permitted uses
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5 . 3 MINIMUM LOT AREA
3400 square metres
5 . 4 MINIMUM LOT FRONTAGE
58 metres
5 . 5 MINIMUM LOT DEPTH
60 metres
5 . 6 MAXIMUM BUILDING COVERAGE
25 percent
5 . 7 MINIMUM FLOOR AREA PER DWELLING UNIT
a ) 45 square metres for a one bedroom dwelling unit
( 485 sq . ft . )
b) 55 square metres for a two bedroom dwelling unit
( 592 sq . ft . )
5 . 8 MINIMUM FRONT YARD
20 metres
5 . 9 MINIMUM SIDE YARD
a ) 10 metres on the east side
b) 9 metres on the west side
c ) 2 metres on the north side
5 . 10 MINIMUM REAR YARD
10 metres
5 . 11 REGULATIONS FOR ACCESSORY BUILDINGS
a ) No accessory building shall be located within 1 , 5
metres of a side or rear lot line .
b ) Maximum height - 3 , 5 metres
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c) Maximum Floor Area - 18 . 5 square metres
THIS By-law comes into force :
( a ) where no notice of objection has been filed with
the Village ' s Clerk within the time prescribed by
the Planning Act 1983 and regulations pursuant
thereto , upon the expiration of the prescribed
time ; or
( b ) where notice of objection has been filed with the
Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant
thereto , upon the approval of the Ontario
Municipal Board .
ROAD a FIRST time this 13th day of May, 1987 .
READ a SECOND time this 13th day of May, 1987 .
READ a THIRD time and FINALLY PASSED this 13th day of May, 1987 .
4/.,L la,t4esit-V
REEVE CLERK
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. VILLAGE OF VIENNA SCHEDULE "A"
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This is Schedule "A" to By- law No . 819
passed the 13th day of May 98
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Reeve Clerk 9 100� � Feet
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FORM 1
PLANNING ACT , 1983
100 NOTICE OF THE PASSING
OF A ZONING BY-LAW BY
THE CORPORATION OF
411 THE VILLAGE OF VIENNA
TAKE NOTICE THAT THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF
VIENNA PASSED BY- LAW NO . 819 ON THE 13TH DAY OF MAY , 1987 UNDER
SECTION 34 OF THE PLANNING ACT , 1983 .
AND TAKE NOTICE THAT ANY PERSON OR AGENCY MAY APPEAL TO THE
ONTARIO MUNICIPAL BOARD IN RESPECT OF THE BY -LAW BY FILING WITH
THE CLERK OF THE VILLAGEOF VIENNA NOT LATER THAN THE 17TH DAY OF
JUNE , 1987 , A NOTICE OF APPEAL SETTING OUT THE OBJECTION TO THE
BY-LAW AND THE REASONS IN SUPPORT OF THE OBJECTION .
AN EXPLANATION OF THE PURPOSE AND EFFECT OF THE BY- LAW , DESCRIB-
ING THE LANDS TO WHICH THE BY-LAW APPLIES , AND A KEY MAP SHOWING
THE LOCATION OF THE LANDS TO WHICH THE BY- LAW APPLIES ( OR , ALTER-
NATIVELY , AN EXPLANATION AS TO WHY A KEY MAP IS NOT PROVIDED ) ARE
ATTACHED . THE COMPLETE BY-LAW IS AVAILABLE FOR INSPECTION IN MY
OFFICE DURING REGULAR OFFICE HOURS .
DATED AT THE VILLAGE OF VIENNA THIS 19TH DAY OF MAY , 1987 .
MRS . LORI MONK
CLERK
VILLAGE OF VIENNA
BOX 13
VIENNA , ONTARIO
NOJ 1ZØ
EXPLANATORY NOTE
The purpose of By- law No . 819 is to establish zoning regulations
pursuant to the Planning Act , on Lots 13 , 14 , 15 , 16 and 17 East
of Union Street , Lots 7 , 8 , 9 , 10 and 11 North of Fulton Street
and Part of Pine Street , Plan 54 in the Village of Vienna , all as
shown on the key map below .
The effect of the By- law will be twofold . It will permit the
conversion of the existing elementary school building on Fulton
11 Street into apartment dwellings , and , it will also permit the
establishment of five single family detached dwellings along the
east side of Union Street between Ann and Fulton Streets ,
pursuant to the process of severance and conveyance .
KEY MAP
IVILLAGE OF VENNA
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A
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 819
Being a By-law to Regulate the Use of Land , Buildings and
Structures on Lots 13 , 14 , 15 , 16 and 17 East of Union
Street , Lots 7 , 8 , 9 , 1$ and 11 North of Fulton Street and
Part of Pine Street , Plan 54 .
WHEREAS the Council of the Corporation of the Village of Vienna
has deemed it advisable to develop zoning standards for certain
properties in the municipality ;
NOW THEREFORE , the Council of the Corporation of the Village of
Vienna enacts as follows :
SECTION 1 - INTERPRETATION AND ADMINISTRATION
1 . 1 APPLICATION
The provisions of this By- law shall apply to all lands ,
buildings and structures within the boundaries of Lots
13 , 14 , 15 , 16 and 17 East of Union Street , Lots 7 , 8 ,
9 , 10 and 11 North of Fulton Street and part of Pine
Street , Plan 54 , in the Village of Vienna as shown on
Schedule ' A ' attached to and forming part of this
By- law .
1 . 2 SCOPE
No lands shall be used and no buildings or structures
shall be erected or used within the boundaries of Lots
13 , 14 , 15 , 16 and 17 East of Union Street , Lots 7 , 8 ,
9 , 10 and 11 North of Fulton Street and Part of Pine
Street , Plan 54 except in conformity with the
provisions of this By- law .
1 . 3 ADMINISTRATION
This By- law shall be administered by the Building
Inspector or other such persons as the Council of the
Village of Vienna designates .
1 . 4 REPEAL OF EXISTING BY-LAWS
All previous by- laws applying to the lands described in
this By- law and passed by the municipality under the
Planning Act , or a predecessor thereof , are hereby
2
repealed except to the same extent that any of the said
by- laws prohibit the use of any land , building , or
structure for a purpose that is also prohibited by this
By- law .
1 . 5 APPLICATION OF OTHER BY-LAWS
111 Nothing in this By- law shall serve to relieve any
person from the obligation to comply with the require-
ments of any other By- law of the Municipality in force
from time to time or the obligation to obtain any
licence , permit , authority , or approval required under
any By- law of the Municipality .
1 . 6 VALIDITY
Should any section , clause or provision of this By- law
be held by a court of competent jurisdiction to be
invalid , the validity of the remainder of the By- law
shall not be affected .
SECTION 2 - DEFINITIONS
2 . 1 ACCESSORY , shall mean a use , a building , or structure
that is normally incidental , subordinate , and exclus-
ively devoted to a main use , building , or structure and
that is located on the same lot as the main use ,
building or structure .
2 . 2 BUILDING , shall include any structure whether temporary
o r permanent , used or intended for sheltering any use
or occupancy but shall not include a boundary wall ,
fence , travel trailer , camping trailer , truck camper ,
motor home or tent .
2 . 3 BUILDING INSPECTOR , shall mean the officer or employee
o f the Municipality for the time being charged with the
duty of enforcing the provisions of this By- law .
2 . 4 COVERAGE , shall mean in the case of a residential
building or structure that portion or percentage of the
area of any lot upon which buildings or structures are
e rected or permitted to be erected on the lot ( not in-
cluding an outdoor swimming pool ) measured at the level
of the loOest storey containing habitable rooms , and in
the case of a non- residential building or structure
that portion or percentage of the area of buildings or
3
structures erected or permitted to be erected on the
lot ( not including an outdoor swimming pool ) measured
at the level of the lowest storey above grade , includ -
ing in both cases all porches , verandahs , balconies ,
steps , cornices , eaves , bay windows and chimneys but
excluding uncovered terraces .
2 . 5 DWELLING , shall mean a building , occupied or capable of
being occupied exclusively as a home , residence or
sleeping place by one or more persons , but shall not
include hotels , boarding houses , rooming houses ,
motels , institutions , mobile homes , caretaker quarters ,
or similar accessory living quarters .
2 . 6 DWELLING , APARTMENT , shall mean a dwelling , consisting
o f four or more dwelling units which units have a
common entrance from the street level and the occupants
o f which have the right to use , in common , halls and/or
stairs and/or elevators and yards .
2 . 7 DWELLING , SINGLE-FAMILY DETACHED , shall mean a com-
pletely detached dwelling unit designed , and intended
for occupancy by one family but which does not include
mobile homes .
2 . 8 DWELLING UNIT , shall mean one or more habitable rooms
occupied or capable of being occupied by an individual
o r family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary
facilities are provided for the use of such individual
or family , with a private entrance from outside the
building or from a common hallway or stairway inside
the building .
2 . 9 ERECT , shall include build , construct , reconstruct ,
alter and relocate and , not to limit the generality of
the foregoing , shall be taken to include any prelimin-
ary
relimin-
ary physical operation such as excavating , grading ,
piling , cribbing , filling or draining , and the
structural alteration of any existing building or
structure by an addition , deletion , enlargement or
extension .
2 . 10 EXISTING , shall mean existing as of the date of passing
of this by- law .
2 . 11 GRADE , shall mean when used with reference to a
building , the average elevation of the finished surface
o f the ground where it meets the exterior of the front
o f such building and when used with reference to a
4
structure means the average elevation of the finished
grade of the ground immediately surrounding such
structure , exclusive in both cases of any artifical
embankment or entrenchment and when used with reference
to a road means the elevation of the road established
by the authority having jurisdiction .
2 . 12 HEIGHT , when used with reference to a building or
structure shall mean the vertical distance between the
horizontal plane through grade level and a horizontal
plane through :
a ) the highest point of the roof assembly in the case
of a building with a flat roof or a deck roof ;
b ) the average level of a one slope roof , between the
✓ idge and the eaves , provided that such roof
having a slope of less than twenty ( 20 ) degrees
with the horizontal shall be considered a flat
✓ oof ;
c ) the average level between eaves and ridges in the
case of a roof type not covered in subsections a )
and b ) immediately preceding .
The height regulations shall not apply to any
ornamental dome , skylight , chimney , tower , storage
silo , elevator enclosure , flag pole or antennae ,
cupola , steeple , or church spire .
2 . 13 INSTITUTIONAL USE , shall mean the use of land ,
buildings or other structures for some public or social
purpose but not for commercial purposes . These uses
may include governmental , religious , educational ,
charitable , philanthropic , or other similar but
non-commercial uses and notwithstanding the generality
of the foregoing , institutional uses may include :
museums , schools , churches , municipal offices , a post
o ffice , hospitals , and libraries .
2 . 14 LOT , shall mean a parcel of land , described in a
✓ egistered deed or other document legally capable of
conveying land or shown as a lot or block on a
registered plan of subdivision including any of its
parts which are subject to a right- of-easement but does
not include a lot or a block on a registered plan of
subdivision which has been deemed not to be a
registered plan of subdivision by a by- law passed
pursuant to the Planning Act , as amended or revised
from time to time .
d
• 5
2 . 15 LOT AREA , shall mean the total horizontal area within
the lot lies of a lot , except in the case of a corner
lot having street lines rounding at the corner with a
radius of six ( 6 . 0 ) metres , or less , where the lot area
of such lot shall be calculated as if the lot lines
were projected to their point of intersection .
ko
2 . 16 LOT DEPTH , shall mean the horizontal distance between
the front and rear lot lines . If these lines are not
410 parallel , it shall be the length of a line joining the
mid - points of the front and rear lot lines . When there
is no rear lot line , lot depth means the length of a
straight line joining the middle of the front lot line
with the apex of the triangle formed by the side lot
lines .
2 . 17 LOT FRONTAGE , shall mean the horizontal distance
between the side lot lines of a lot measured at right
angles , but where such lot lines are not parallel , the
lot frontage shall be measured perpendicularly to the
line joining the centre of the front and the centre of
the rear lot lines at a point six ( 6 ) metres back from
the front lot line , and where such lot lines meet , the
lot frontage shall be measured perpendicularly to the
line joining the apex of the triangle formed by the
side lot lines and a point six ( 6 ) metres back from the
front lot line .
2 . 18 LOT LINES , shall mean the boundary lines of a lot
defined as follows :
a ) Front lot lines shall mean , except in the case of
a corner lot , the line dividing the lot from the
street ; in the case of a corner lot the shorter
boundary line abutting the street shall be deemed
the front lot line and the longer boundary line
abutting the street shall be deemed the side lot
line , in case each of such lot lines should be of
equal length the front lot line shall be deemed to
be the front lot line as established in the block
by prior construction .
b ) Rear lot line shall mean the lot line farthest
from or opposite to the front lot line . In the
case of lots abutting streets on more than two
sides , the rear lot line shall mean the rear lot
line as established by prior construction .
c ) Side lot line shall mean a lot line other than a
411 front or rear lot line .
r
•
• 6
2 . 19 MAIN WALL , shall mean the exterior front , side , or rear
wall of a building , and all structural members essen-
tial to the support of a fully enclosed space or roof ,
but shall not include structures which are otherwise
permitted as encroachments in yards , unless such
structures require a foundation below grade .
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include aisles , parking spaces and relaedtemporary parking of two or more motor ehicles and may
entrance and
exit lanes , but shall not include any part of a public
street .
2 . 25 PARKING SPACE , shall mean an area enclosed in a
principal building , in an accessory building , or
unenclosed , having an area of not less than fifteen
( 15 ) square metres , exclusive of aisles or driveways
and accessible to a street or lane and set aside for
the purpose of the temporary parking or storage of a
motor vehicle .
2 . 26 PERMITTED , shall mean permitted by this By-law .
2 . 27 RESIDENTIAL USE , shall mean the use of a building or
structure or parts thereof as a dwelling .
2 . 28 STREET or ROAD , shall mean a provincial highway , a
county road , a village road or improved street which
affords the principal means of access to abutting lots
but does not include a lane or a private right-of-way .
2 . 29 STREET LINE , shall mean the limit of the street
allowance and is the dividing line between a lot and a
street .
1
7
2 . 30 STRUCTURE , shall mean any material , object , or work
erected as a unit or constructed or put together of
connected or dependent parts or elements whether
located under , on , or above the surface of the ground ,
but does not include a sign , a fence or an outdoor
swimming pool .
2 . 31 USE , when used as a noun , shall mean the purpose for
which any land , building or structure is designed ,
arranged or intended to be occupied or used , or for
which it is occupied , used or maintained .
2 . 32 WATER SUPPLY SYSTEM , MUNICIPAL , shall mean a publicly -
owned and operated system whereby water is piped to
more than one dwelling .
2 . 33 YARD , shall mean an open space on the same lot with a
main building or structure unoccupied and unobstructed
except as otherwise provided in this .
a ) FRONT YARD , shall mean a yard extending across
the full width of the lot between the front lot
line and the nearest wall of the main building on
such lot . The depth of any front yard shall be
deemed to be the perpendicular distance measured
in a horizontal plane between a point in the front
lot line and the nearest part of the main building
or structure .
b ) REAR YARD , shall mean a yard extending across the
full width of the lot between the rear lot line
and the nearest wall of the main building on such
lot . The depth of any rear yard shall be deemed
to be the perpendicular distance measured in a
horizontal plane between a point in the rear lot
line and the nearest part of the main building or
structure .
c ) SIDE YARD , shall mean a yard between a building or
structure and the side lot line which constitutes
an area of the lot that is not otherwise defined
as a front yard or rear yard by this By- law . The
depth of any side yard shall be deemed to be the
perpendicular distance measured in a horizontal
plane between a point in the side lot line and the
nearest point of the main building or structure .
d ) SIDE YARD , EXTERIOR , shall mean a side yard
immediately ad3acent to a public street .
- 8
2 . 34 ZONE , shall mean an area delineated on a Zoning Map or
Schedule , and idbntified by a Zone Symbol within which
a specific use or group of uses are permitted by this
SECTION 3 - ZONES AND ZONING MAP
3 . 1 ESTABLISHMENT OF ZONE
111
For the purpose of this By- law the map hereto attached
as Schedule "A" shall be referred to as the " Zoning
Map" for Lots 13 , 14 , 15 , 16 and 17 East of Union
Street , Lots 7 , 8 , 9 , 10 and 11 North of Fulton Street
and Part of Pine Street , Plan 54 in the Village of
Vienna and will include the following zones :
ZONE SYMBOL
Residential -First Denpity R1
Residential -Second Density R2
3 . 2 USE OF ZONE SYMBOL
w
The symbols listed in subsection 3 . 1 shall be used to
refer to land , buildings , and structures and the uses
thereof permitted by this By- law in the said zones .
3 . 3 APPLICATION OF REGULATIONS
No person shall within the zones established by this
By- law use any land or erect , build , construct ,
reconstruct , relocate , excavate for , alter , add to ,
enlarge , extend or use any building or structure ,
except in conformity with this By-law for the zone in
which such land , building , structure or use is located .
3 . 4 INTERPRETATION OF ZONE BOUNDARIES
The boundary of the zones is as shown in heavy solid
lines on the Zoning Map hereto attached as Schedule "A"
which schedule forms part of this By- law .
SECTION 4 - RESIDENTIAL - FIRST DENSITY ( R1 ) ZONE REGULATIONS
4 . 1 PERMITTED USES
a ) residential uses
b) home occupations
c ) accessory uses
111
4 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) one single- family detached dwelling on one lot
b ) accessory buildings and structures for the
permitted uses
4 . 3 MINIMUM LOT AREA
1 , 000 square metres
4 . 4 MINIMUM LOT FRONTAGE
24 metres
4 . 5 MINIMUM LOT DEPTH
33 metres
4 . 6 MAXIMUM BUILDING COVERAGE
25 percent
4 . 7 MINIMUM FLOOR AREA
80 square metres
4 . 8 MINIMUM FRONT YARD
7 metres
4 . 9 MINIMUM SIDE YARD
a ) Where a garage or carport is attached , the minimum
width shall be 1 . 5 metres plus 0 . 5 metres for each
additional or partial storey above the first
storey on each side of the combined building .
{
10
b ) Where no garage or carport is attached , the
minimum width shall be 1 . 5 metres plus 0 . 5 metres
for each additional or partial storey above the
first storey on one side of the main building and
a minimum of 3 metres on the other side of the
main building .
c ) On a corner lot , the side yard abutting a public
street shall be on a minimum of 3 . 5 metres and the
side yard on the other side of the main building
shall be a minimum of 1 . 5 metres .
4 . 10 MINIMUM REAR YARD
7 metres
4 . 11 REGULATIONS FOR ACCESSORY BUILDINGS
a ) Except as provided in paragraph b ) of this clause ,
no accessory building shall be located within 1 . 5
metres of a side or rear lot line .
b ) Notwithstanding the provisions of paragraph a ) , no
accessory building shall be located within 6
metres of a public street .
c ) Maximum Height - 3 . 5 metres .
d ) Maximum Floor Area - 18 . 5 square metres .
SECTION 5 - RESIDENTIAL - SECOND DENSITY ( R2 ) ZONE REGULATIONS
5 . 1 PERMITTED USES
a ) residential uses
b ) home occupations
c ) accessory uses
5 . 2 PERMITTED BUILDINGS AND STRUCTURES
a ) dwelling , apartment on one lot
b ) accessory buildings and structures for the
permitted uses
•
11
5 . 3 MINIMUM LOT AREA
3400 square metres
5 . 4 MINIMUM LOT FRONTAGE
58 metres
5 . 5 MINIMUM LOT DEPTH
60 metres
5 . 6 MAXIMUM BUILDING COVERAGE
25 percent
5 . 7 MINIMUM FLOOR AREA PER DWELLING UNIT
a ) 45 square metres for a one bedroom dwelling unit
( 485 sq . ft . )
b) 55 square metres for a two bedroom dwelling unit
( 592 sq . ft . )
5 . 8 MINIMUM FRONT YARD
20 metres
5 . 9 MINIMUM SIDE YARD
a ) 10 metres on the east side
b) 9 metres on the west side
c ) 2 metres on the north side
5 . 10 MINIMUM REAR YARD
10 metres
5 . 11 REGULATIONS FOR ACCESSORY BUILDINGS
a ) No accessory building shall be located within 1 . 5
metres of a side or rear lot line .
b ) Maximum height - 3 . 5 metres
4
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s
12
c ) Maximum Floor Area - 18 . 5 square metres
THIS By- law comes into force :
( a ) where no notice of objection has been filed with
the Village ' s Clerk within the time prescribed by
the Planning Act 1983 and regulations pursuant
thereto , upon the expiration of the prescribed
time ; or
( b ) where notice of objection has been filed with the
Village ' s Clerk within the time prescribed by the
Planning Act 1983 and regulations pursuant
thereto , upon the approval of the Ontario
Municipal Board .
READ a FIRST time this 13th day of May , 1987 .
READ a SECOND time this 13th day of May, 1987 .
READ a THIRD time and FILIALLY PASSED this 13th day of May, 1987 .
4115611...400 ? .
RE
CLERK
4
VILLAGE OF VIENNA SCHEDULE " A "
ANN SI REED
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This is Schedule "A" to By- law No . 819
411
passed the 13th day of May,464,1
4(1<tint,e-t4-0- , o ioo zoa
eve Clerk Feet
f
THE CORPORATION OF THE VILLAGE OF VIENNA
• BY-LAW NO . 820
BEING A BY-LAW to levy and collect a portion
of the Realty and Business Taxes for the
Year 1987 before the adoption of the estimate
for the year 1987 .
WHEREAS Section 159 of the Municipal Act , R . S .O . 1980
authorizes a municipality in any year before the adoption of
the estimates for that year , to levy on the whole of the
assessment for property and business assessment according to
the last revised assessment roll a sum not exceeding 50 percent
of that which would be produced by applying to such assessment
the total rate .for all purposes levied in the preceding year
on residential real property and business assessment of public
school supporters ;
11
AND WHEREAS pursuant to the said Section , the provision of
The Assessment Act with respect to the levy of the yearly rates
and Collection of taxes apply mutatis mutandis to the levy of
rates and the collection of taxes thereunder ;
AND WHEREAS the Council of the Corporation of the Village
of Vienna deems it expedient to make the levy authorized by
the said Section 159 in the year 1987 .
AND WHEREAS the said rate for all purposes levied in the
year 1986 on residential real property of public school
supporters in the Village of Vienna was 255 . 792 mills ;
AND WHEREAS the said rate for all purposes levied in the
year 1986 on business assessment of public school supporters
in the Village of Vienna was 300 . 931 mills ;
AND WHEREAS the whole of the assessment made under the
Assessment Act according to the last revised assessment roll is
approximately 540256 .
THEREFORE the Council of the Corporation of the Village of
Vienna ENACTS AS FOLLOWS :
1 . A rate of tax of 130 mills and 150 mills on the dollar is
hereby rated , levied and imposed upon the whole of the
assessment for property and business assessment respectively
according to the last revised assessment roll of the Village
of Vienna .
2 . The dates for payment of taxes on real and business
assessment under this by-law shall be as follows and
in two equal or approximately equal instalments :
April 16 , 1987 and June 18 , 1987 .
3 . In default of payment of the first instalment of taxes or
any part thereof by the day named therein for the payment
thereof , the remaining instalment or instalments shall
forthwith become payable .
4 . A percentage charge of 14% shall be imposed as a penalty
for non-payment of every tax instalment or part thereof
on the first day of default and on the first day of each
calendar month thereafter in which default continues , but ti
not after the end of the year in which the taxes were levied .
5 . It shall be the duty of the Tax Collector immediately after
the several dates named in Section 2 to collect at once by
distress or otherwise under the provisions of the Statutes
in that behalf all such tax instalments or parts thereof as
shall not have been paid on or before the respective dates
provided aforesaid , together with the said percentage
charges as they are incurred .
/ . . . . 2
•
- 2
.
6 . The Tax Collector not later than 14 days prior to the date
that the first instalment is due , shall mail or cause to be
mailed to the address of the residence or place of business
of each person taxed a notice setting out the payments
required to be made pursuant to this by-law , the respective
dates by which they are to be paid to avoid penalty and the
particulars of the penalties imposed by this by-law for
late payment .
7 . Taxes shall be payable to the Corporation of the Vil],age of
Vienna . All taxes are payable at the office of the Tax
Collector or at the Tri-County Credit Union , Tillsonburq
and Vienna Branches .
8 . The Collector and Treasurer be and are hereby authorized
to accept part payment from time to time on account of any
taxes due and to give a receipt for such part payment
provided that acceptance of any such part payment shall not
affect the collection of any percentage charge imposed and
collectable under Section 4 in respect t to non-payment of taxes
or of any instalment thereof .
9 . When tenants of lands owned by the Crown or in which the
Crown has an interest are liable for payment of taxes
and where any such tenant has been employed either within
or outside the Municipality by the same employer for not
less than thirty days , such employer shall pay over to the
Collector or Treasurer on demand out of any wages , salary
or other remuneration due to such employee the amount then
payable for taxes under this by-law and such payment shall
relieve the employer of any liability to the employee for
the amount so paid .
READ a FIRST and SECOND TINE this 11th day of June , 1987 .
REVE
cir-r14^-.1
CLERK-TREASURER
READ a THIRD TINE and FINALLY PASSED this 11th day of June , 1987 .
7
AO 41114r
R EVE
r--)"") 61‘.‘„i
CLERK-TREASURER
.
— g p •
a •
THE CORPORATION OF THE VILLAGE OF VIENNA
• i BY-LAW NO . 820
BEING A BY-LAW to levy and collect a portion
of the Realty and Business Taxes for the,
Year 1987 before the adoption of the estimate
for the year 1987 .
It
WHEREAS Section 159 of the Municipal Act , R . S . O . 1980
authorizes a municipality in any year before the adoption of
the estimates for that year , to levy on the whole of the
g, assessment for property and business assessment according to
the last revised assessment roll a sum not exceeding 50 percent
of that which would be produced by applying to such assessment
the total rate for all purposes levied in the preceding year
on residential real property and business assessment of public
school supporters ;
411 AND WHEREAS pursuant to the said Section , the provision of
The Assessment Act with respect to the levy of the yearly rates
and Collection of taxes apply nnuta tis mutandis to the levy of
rates and the collection of taxes thereunder ;
AND WHEREAS the Council of the Corporation of the Village
40 of Vienna deems it expedient to make the levy authorized by
• the said Section 159 in the year 1987 .
E
e
AND WHEREAS the said rate for all purposes levied in the `
year. 1986 on res identical. real property of public school
supporters in the Village of Vienna was 255 . 792 mills ;
AND WHEREAS the said rate for all purposes levied in the
year 1986 on business assessment of public school supporters
in the Village of Vienna was 300 . 931 mills ;
AND WHEREAS the whole of the assessment made under the
Assessment Act according to the last revised assessment roll is
► approximately 540256 .
THEREFORE the Council of the Corporation of the Village of
Vienna ENACTS AS FOLLOWS :
1 . A rate of tax of 130 mills and 150 mills on the dollar is
hereby rated , levied and imposed upon the whole of the
assessment for property and business assessment respectively
according to the iaet revised assessment roll of the Village
of Vienna .
P
[ 2 . The dates for payment of taxes on real and business
assessment under this by-law shall be as follows and
in two equal or approximately equal instalments :
April 16 , 1987 and June 18 , 1987 .
,
3 . In default of payment of the first instalment of taxes or
any part thereof by the day named therein for the payment
thereof , the remaining instalment or instalments shall
forthwith become payable .
0 • 4 . A percentage charge of i shall be imposed as a penalty
for non-payment of every tax instalment or part thereof
on the first day of default and on the first day of each
calendar month thereafter in which default continues , but
not after the end of the year in which the taxes were levied .
atey ce fy. hehevbe heesymed tn xiletcoilec
E distress or otherwise under the provisions of the Statutes
in that behalf all such tax instalments or parts thereof as
shall not have been paid on or before the respective dates
provided aforesaid , together with the said percentage
charges as they are incurred . _
•
/ . 4. • . 2 .
if
.' 4
I
P
t �
e ti
C . 7-1c Tax Collector not later than 14 days rrior to the date
that the first instalrrent is due , sha 11 mail or cause to be
mailed to the address of the residence or rlace of business
of each person taxed a notice setting out the payments
r enuired to be made pursuant to this hy- law , the respective
dates by which they are to be paid to avoid penalty and the
particulars of the penalties imposed by this by-law for
late payment .
7 . Taxes shall he pa7 'able to the Corporation of the ViUU,age of
Vienna . All taxes are payable at the office of the Tax
Collector or at the Tri -County Credit Union , Tillsonburq
and Vienna i?r anches .
p . 'T": f. Collector and Treasurer he and are hereby al: thorized
to accept part payment from time to time on account of any
taxes due and to give a receipt for such part payment
rrovided that acceptance of an" " such nart payment shall not
affect the collection of any rercen tacre charge imposed and
collectable under Section 4 in respect to non-payment of taxes
or of any instalment thereof .
9 . When tenants of lands owned by the Crown or in which the
Crown has an interest are liable for navtnent of taxes
and where any such tenant has been ennloyed either within
or outside the Munic ipa li ty by the same employer for not
less than thirty days , such employer shall pay over to the
Collector or Tr easprertt on demand out of any wages , salary
or other remuneration due to such ennlo"jee the amount then
-wFable for taxes under this by-law and such pa` ment shall
relieve the employer of any liabiIiter to the errnloyee for
the amount so paid .
?E. ..0 a FIRST and SECOND Till this 11C- c? a . , of June , 1987 .
.41(•CE‘44-"4
T EE
c41 .001J
C EEB K--TrI E:.S L E 7_
1E ).) a THIRD mI ? E and FIiL \LLY P/'. SF :) t '- is 11V- day of June , 1987 .
•
# 4."
RE r
oJc: .
CLERK:17 : ,.Str:E:
•
1
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 821
BEING A BY-LAW to appoint signing officers
for and on behalf of the municipality .
WHEREAS the provisions of The Municipal Act require all
cheques issued by the municipality shall be signed by the
Treasurer and some other person designated by By-Law .
NOW THEREFORE the Council of the Corporation of the Village
of Vienna ENACTS AS FOLLOWS :
1 . The persons duly appointed to the following offices
are hereby designated as cheque signing officers for
the Corporation of the Village of Vienna :
The Municipal Treasurer or during her absence the
person designated as Acting Treasurer
AND
The Head of Council or. the Finance Chairman .
2 . The names of the persons designated in Clause 1 of this
By-Law shall be established from time to time by
resolution of Council .
3 . The persons designated in Clause 2 of this By-Law are
hereby authorized to act as signing officers for all
cheques issued by the treasurer to such persons and in
such manner as the laws of Ontario and By-Laws or
resolutions of the Council direct for and in the name
of the Corporation of the Village of Vienna from time
to time and until further notice to the Tri-County
Credit Union , Ti l lsonburg and Vienna Branches .
r
READ a FIRST TIME this 11th day of June , 1987 .
REE
CLER K-TREA SURER
READ a SECOND TIME this 11th day of June , 1987 .
REEVE
(ti71/-1,14j .
CLERK-TREASURER
READ a THIRD TIME and FINALLY PASSED THIS 11th day of June , 1987 ,
f'' .
. /
RE
t4Adj
CLERK-TREASURER
r
•
s
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 821
I BEING officers
G A BY-LAW to appoint signing officers
11 4bt for and on behalf of the municipality .
J
tII WHEREAS the provisions of Thefunic iP a l Act require all
q
1 cheques issued by the municipality shall be signed by the
lit Treasurer and some other person designated by By-Law .
NOW THEREFORE the Council of the Corporation of the Village
11 of Vienna ENACTS AS FOLLOWS :
411 ,
li 1 . The persons duly appointed to the following offices
4 are hereby designated as cheque signing officers for
the Corporation of the Village of Vienna :
11 The Municipal Treasurer or during her absence the
person designated as Acting Treasurer
1 AND
The Head of Council or the Finance Chairman .
#
't
.
2 . The names of the persons designated in Clause 1 of this
By-Law shall be established from time to time by
resolution of Council .
3 . The persons designated in Clause 2 of this By-Law are
j
t hereby authorized to act as signing officers for all
cheques issued by the treasurer to such persons and in
such manner as the laws of Ontario and By-Laws or
resolutions of the Council direct for and in the name
of the Corporation of the Village of Vienna from time
to time and until further notice to the Tri-County
Credit Union , Tillsonburg and Vienna Branches .
READ a FIRST TIME this 11th day of June , 1987 .
/.
4
.,..of i # i
RE
11 i'-)'"1--‘ Oetvi
1 CLERK-TREASURER
READ a SECOND TIME this 11th day of June , 1987 .
1 ‘r.,---e --L-e-wrz,.C.--i
!II , REE
, LL-101S
II CLERK-
TREASURER
TREASURER
{} READ a THIRD TIME and FINALLY PASSED THIS 11th day of June , 1987 .
Ide-gif-4"414 -
,1 REE
• (teLe-11003?
.
CLER K-TREASURER
1
I
r THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 822
BEING A BY-LAW to establish an interest rate
on tax arrears
WHEREAS under the provisions of The Municipal Act ,
R . S . Q . Councilestablish 1980 , may pass a by-law to es tabllsh the
rate of interest on unpaid taxes at one and one quarter
per cent ( 14% ) per month ;
AND WHEREAS the Council of the Corporation of the Village
of Vienna deems it expedient to impose an interest charge on
110 outstanding tax arrears ;
NOW THEREFORE the Council of the Village of Vienna ENACTS
AS FOLLOWS :
1 . THAT tax arrears are taxes that are due and unpaid after
December 31st of the year in which they were levied ;
•
2 . THAT the Treasurer be and is hereby authorized and shall
add to the amount of all tax arrears interest at the rate
of 14% per month or frac tion thereof from the day this
by-law comes into force until the taxes are paid .
3 . THAT BY-LAW shall come into force and take effect on the
11 th day of June 1987
READ a FIRST , SECOND and THIRD TIME and FINALLY PASSED
this 11th , day of June 1987 .
REE
L44r10Yf
CLERK-TREASURER
0
I
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 822
t
BEING A BY-LAW to establish an interest rate
on tax arrears
WHEREAS under the provisions of The Municipal Act ,
}
R . S . O . 1980 , Council may pass a by-law to establish the
rate of interest on unpaid taxes at one and one quarter
per cent ( i¼% ) per month ;
AND WHEREAS the Council of the Corporation of the Village
Vienna of deems
e a it expedient to impose an interest charge on
411 outstanding tax arrears ;
NOW THEREFORE the Council of the Village of Vienna ENACTS
AS FOLLOWS :
1 . THAT tax arrears are taxes that are due and unpaid after
{ December 31st of the •
year in Which they were levied ,
i ed ,
2 . THAT the Treasurer be and is hereby authorized and shall
add to the amount of all tax arrears interest at the rate
of 11/414 per month or Fraction thereof from the day this
by-law comes into force until the taxes are paid .
3 . THAT BY-LAW shall come into force and take effect on the
11 th day of ' June 1967
•
READ a FIRST , SECOND and THIRD TIME and FINALLYPASS D
this Ilth_ day of June 1987 .
R‘ f
f
•
CLERK-TREASURER
11/
i;
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ti
_ . _
}
,� 3
A
THE CORPORATION OF THE VILLAGE OF - VIENNA:
1 EsBY-LAW NO . 823
A BY-LAW of the Corporation of the Village
of Vienna -- to regulate and control noise .
WHEREAS it is expedient to exercise the power conferred
upon the Council by The Environmental Protection Act , 1980 , as
amended , and other statutory authority ; and
•
WHEREAS a recognized body of scientific and technological .
knowledge exists by which sound and vibration may, be substantially.
reduced ; and
411
WHEREAS the people have a right to and should be ensured
an environment free from unusual , unnecessary or excessive sound
or vibration which may degrade the quality and tranquillity of
their life or cause nuisance ; and
WHEREAS it is the policy of the Council to reduce and .
control such sound or vibration ;
NOW THEREFORE , the Council of the Corporation of the Village
of Vienna enacts as follows :
1 . Interpretation
In this by- law ,
411 ( a ) Construction
" construction " includes erection , alteration , repair ,
dismantling , demolition , structural maintenance , painting,
moving , land clearing , earth moving , grading , excavating ,
the laying of pipe and conduit whether above or below
ground level , street and highway building , concreting ,
equipment installation and alteration and the structural
installation of construction compenents and materials in
any form or for any purpose , and includes any work in
connection therewith ;
( b ) Construction Equipment
" construction equipment " means any equipment or device
designed and intended for use in construction , or
material handling , including but not limited to , air
compressors , pile drivers , pneumatic or hydraulic tools ,
bulldozers ; tractors , excavators , trenchers , cranes ,
derricks , loaders , scrapers , pavers , generators , of f -
highway haulers or trucks , ditchers , compactors and
rollers , pumps , concrete mixers , graders , or other
material handling equipment ;
( c ) Conveyance
" conveyance " includes a vehicle and any other device
employed to transport a person or persons or goods from
place to place but does not include any such device or
vehicle if operated only within the premises of a person ;
( d ) Council
" Council " means the Council of the Corporation of the
Village o f Vienna ;
. . . /2
. , .
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1 . Interpretation - Continued
( e ) Highway
" Highway " includes a common and public highway , street ,
avenue , parkway , driveway , square , place , bridge , viaduct
or trestle designed and intended for , or used by , the
general public for the passage of vehicles ;
( f ) Minister
" Minister " means Minister of the Environment ;
( g ) Ministry
"Ministry " means Ministry of the Environment ;
,
( h ) Motor Vehicles
"Motor vehicles " includes an automobile , Motorcycle ,
and any other vehicle propelled or driven otherwise
than by muscular power ; but does not include the cars
of electric or steam railways , or other motor vehicles
running only upon rails , or a motorized snow vehicle ,
traction engine , farm tractor , self-propelled implement
of husbandry or road- building machine within the meaning
of The Highway Traffic Act ;
( i ) Motorized Conveyance
"Motorized conveyance " means a conveyance propelled or
driven otherwise than by muscular , gravitational or
wind power ;
( j ) Municipality
"Municipality" means the land within the geographic
limit of The Corporation of the Village of Vienna ;
( k ) Noise
"Noise " means unwanted sound ;
( 1 ) Point of Reception
" Point Df Reception " means any point on th :: premises cf
a person where sound or vibration originating from
other than those premises , is received ;
(m ) Premises
" Premises " means building and lands appurtenant thereto ;
( n ) Zones
In this by- law ,
( i ) Residential Area
" Residential Area " means those areas of the
municipality specified as follows : .
" Any zone designated as " Residential " by a By-Law
passed pursuant to the Planning Act , more parti-
cularly set out in By -Law 777 of The Corporation
of the Village of Vienna ;
( ii ) Agricultural Area
"Agricultural Area " means those areas of the
municipality being used for a bonified agri -
cultural purpose " .
•
t
h '
2 . General Prohibitions
No person shall emit or cause or permit the emission of
sound resulting from an act listed herein , and which sound
is clearly audible at a point of reception :
1 . Racing of any motorized conveyance other than in
a racing event regulated by law .
2 . The operation of a motor vehicle in such a way
that the tires squeal .
3 . The operation of any combustion engine or pneumatic
device without proper exhaust or intake muffling devices
meeting . specifications of the manufacturer in good
working order and in constant operation .
4 . The operation of a vehicle or a vehicle with
a trailer resulting in banging , clanking ,
squealing or other like sounds due to im-
properly secured load or equipment , or in-
adequate maintenance .
5 . The operation of an engine or motor in , or on ,
any motor vehicle or item of attached auxiliary
equipment for a continuous period exceeding
five minutes , while such vehicle is stationary
in a Residential Area unless :
( i ) the original equipment manufacturer
specifically recommends a longer idling
period for normal and efficient operation
of the motor vehicle in which case such
recommended period shall not be exceeded ;
or ,
( ii ) operation of such engine or motor is
essential to a basic function of the
vehicle or equipment , including but not
limited to , operation of ready-mixed
concrete trucks , lift platforms and
refuse compactors ; or ,
( iii ) weather conditions justify the use of
heating or refrigerating systems powered
by the motor or engine for the safety and
welfare of the operator , passengers or
animals , or the preservation of perishable
cargo , and the vehicle is stationary for
purposes of delivery or loading ; or ,
( iv ) prevailing low temperatures make longer
idling periods necessary immediately after
starting the motor or engine ; or ,
( v ) the idling is for the purpose of cleaning
and flushing the radiator and associated
circulation system for seasonal change of
anitfreeze , cleaning of the fuel system ,
carburetor or the like , when such work isis
performed other than for profit .
6 . The operation of a motor vehicle horn or other warning
device except where required or authorized by law or in
P q
accordance with good safety practices .
7 . The operation of any item of construction equipment in
a Residential Area without proper •
muffling devices meeting specifications of the manu-
facturer in good working order and in constant
operation .
. . . /4
1.
tt
. .
- 4 -
3 . Prohibitions by Time and Place
No person shall emit or cause or permit the emission of
sound resulting from any act listed in Schedule " A" to
this ByLaw , if clearly audible at a point of reception
located in an area of the municipality indicated within
a prohibited time shown for such an area .
4 . Exemption
Public Safety
Notwithstanding any other provision of this by- law , it
shall be lawful during an emergency to emit or cause or
permit the emission of sound or vibration in connection
411 with emergency measures :
( a ) for the immediate health , safety or welfare of
the inhabitants or any of them ; or ,
( b ) for the preservation or restoration of property ;
unless such sound or vibration is clearly of a longer
duration or nature more disturbing , than is reasonably
necessary for the accomplishment of such emergency
purpose .
5 . Grant of Exemption by Council
( 1 ) Application to Council
Notwithstanding anything contained in this by- law ,
any person may make application to Council to be
granted an exemption from any of the provisions of
this by-law with respect to any source of sound or
vibration for which he might be prosecuted and
Council , by resolution , may refuse to grant any
exemption or may grant the exemption applied for
or any exemption of lesser effect and any exemption
granted shall specify the time period during which
it is effective and may contain such terms and
conditions as Council sees fit .
( 2 ) Decision
In deciding whether to grant the exemption , Council
shall consider the application and any written sub-
mission then received by Council and made by the
applicant and the Council may consider such other
matters as it sees fit .
( 3 ) Breach
Breach by the applicant of any of the terms or
conditions of any exemption granted by Council
shall render the exemption null and void .
ilk 6 . Exemption of Traditional , Festive or Religious Activities
Notwithstanding any other provision of this by- law , this
by- law does not apply to a person who emits or causes or
permits the emission of sound or vibration in connection
with any of the listed traditional_ , festive , religious and
other activities :
( 1 ) Any activities as may be necessary for the
construction and maintenance of any public works .
( 2 ) Any activity sponsored or approved by the
Vienna Community Centre & Recreation Board ;
( 3 ) Any activity of a Service Club that is operating
for fund raising purposes for community benefit '
as may be approved by Council .
. . . / 5
{
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7 . Severability
If a court of competent jurisdiction should declare any
section or part of a section of this by- law to be invalid ,
such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the
remainder of the by-law and it is hereby declared that the
remainder of the by- law shall be valid and shall remain
in force .
8 . Penalty •
Every person who contravenes any of the provisions of this
by-law is guilty of an offence and shall , upon conviction
thereof , forfeit and pay a penalty of not less than $ 50 . 00
nor more than $ 1 , 000 . 00 for the first offence and not less
than $ 100 . 00 and not more than $ 1 , 000 . 00 for a second or
subsequent offence , exclusive of costs and every such fine
is recoverable under The Summary Convictions Act .
9 . THIS BY-LAW is passed pursuant to the Environmental
Assessment Act , R . S . O . 1980 Chapter 141 , Section 138
and shall come into full effect on the approval of the
Ministry of the Environment .
READ a FIRST , SECOND and THIRD TIME and FINALLY PASSED
this lith day of June , 1987 .
REEvsr.t/:e :"Jt40-4re41VLJ
CLERK-TREASURER
5'
0
I
•
I . •
SCHEDULE " A" TO BY-LAW NO . 823
PROHIBITIONS BY TIME AND PLACE
( Section 3 )
Ii!:
PROHIBITED PERIOD OF TIME
} ;± Quiet Zone . Residential Area
At all times , exce t
1 . The detonation of fireworks At a l l times
, • P
ctoria
or explosive devices not fireworks onVictoria
l
Day & Canada Day
• used in construction .
2 . Discharge of firearms . At all times At all times
411 3 . The operation of a corp-
bustion engine which , At all times At all times
g
( i ) is , or
( ii ) is used in , or
( iii ) is intended for use in
a toy or a model or replica
of any device , which model
or replica has no function
other than amusement and
which is not a conveyance .
4 . The operation of any elect- At all times 21 : 00 hours one day
ronic device or group of to 07 : 00 the next
connected electronic devices day
incorporating one or more
loudspeakers or other electro -
410 mechanical transducers , and
intended for the production ,
reproduction or amplification
of sound .
5 . The operation of any and i - At all times 21 : 00 hours one day
tory signalling device , to 07 : 00 the next
including but not limited to day and
' the ringing of bells or gongs all day Sunday and
and the blowing of horns or ^ statutory holidays
sirens or whistles , or the
productions , reproduction
or amplification of any
similar sounds by electronic
means except where required
or authorized by law or in a
accordance with good safety
practices .
6 . The operation of any At all times 21 : 00 hours one day
motorized conveyance other to 07 : 00 the next
than on a highway or other day
place intended for its
operation .
411
7 . Persistent barking , calling , At all times 21 : 00 hours one day
or whining or other similar to 07 : 00 the next
persistent noise making by day
any domestic pet , or any
other animal kept or used for
any purpose other than
• agriculture .
,. 8 . Excessive yelling , shouting, At all times 23 : 00 hours one day
hooting , whistling or to 07 : 00 the next
singing . day
9 . All selling or advertising At all times All day Sunday and
by shouting or outcry or statutory holidays
amplified sound . and
19 : 00 hours one day
to 07 : 00 the next
day
•
I
• I •
•
PROHIBITED PERIOD OF TIME
Quiet Zone Residential Area
10 . Loading , unloading , de- 19 : 00 hours 21 : 00 hours one day
livering , packing , un- one day to to 07 : 00 next day
packing , or otherwise 07 : 00 next day
handling any containers ,
products , materials , or
refuse , whatsoever , unless
necessary for the main-
tenance of essential ser -
vices or the moving of
private household effects .
11 11 . The operation of any 21 : 00 hours 21 : 00 hours one day
equipment in connection one day to to 07 : 00 next day
with construction . 07 : 00 next day
12 . The operation or use of 21 : 00 hours 21 : 00 hours one day
any tool for domestic one day to to 07 : 00 next day
purposes other than snow 07 : 00 next day
removal .
f
...77.1
7
THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 824
BEING A BY-LAW to adopt the current
estimates and strike the rates of taxation
for the year 1987 .
WHEREAS the Council of the Village of Vienna in accordance
with The Municipal Act considered the estimates of the
Municipality and of the Boards thereof and by virtue of The
Municipal Act , The Ontario Unconditional Grants Act and The
Education Act , R . S . O 1980 , it is necessary that the following
sums be raised by means of taxation for the year 1987 :
GENERAL MUNICIPAL PURPOSES $ 73 , 319
COUNTY PURPOSES 15 , 120
PUBLIC SCHOOL PURPOSES 25 , 066
SEPARATE SCHOOL PURPOSES-ELEMENTARY 769
SEPARATE SCHOOL PURPOSES-SECONDARY 555
SECONDARY SCHOOL PURPOSES 20 , 782
TOTAL $ 135 612
AND WHEREAS all real property and business assessment
rolls made for the year 1987 on which the 1987 taxes are to
be levied have been returned revised and duly certified
by the Regional Registrar of The Assessment Review Court .
AND WHEREAS the Residential and Farm Assessment as defined
in ection 7 of The Ontario Unconditional Grants Act , R . S . O .
1980 . and the Commercial Assessment as defined in Section 1
of the said Act have been determined on the basis of the
aforementioned real property and business assessment rolls .
NOW THEREFORE the Council of the Corporation of the
Village of Vienna hereby ENACTS AS FOLLOWS :
. . . . /2
1t
i
•
2 _
I . There shall be levied and collected upon all rateable land ,
building and business assessment of the Corporation of the
Village of Vienna the following rates of taxation :
RESIDENTIAL COMMERCIAL
& FARM & BUSINESS
GENERAL MUNI C IP A L
ASSESSMENT 385 , 916 88 505
MILL RATE 14 9. 6193 176 . 0227
TAXATION $ 57 740 $ 15 , 579
r
COUNTY
ASSESSMENT 385 916 88 , 505 ,
MILL RATE 30 . 8548 3 6 . 2998
TAXATION $ 11 , 907 $ 3 . 213
PUBLIC SCHOOLS
ASSESSMENT 372 576 87 585
MILL RATE 52 . 7024 62 . 0029
TAXATION $ 19 , 635 $ 5 , 431
ELEMENTARY SEPARATE SCHOOLS
ASSESSMENT 13 . 340 920
MILL RATE 53 . 3200 62 . 7294
TAXATION $ 711 $ 58
SECONDARY SEPARATE SCHOOLS
ASSESSMENT 131340 920
MILL RATE 38 . 4819 45 . 2729
TAXATION $ 513 $ 42
SECONDARY SCHOOLS
ASSESSMENT 385 , 916 88 , 505
MILL RATE 42 . 4096 49 . 8936
TAXATION $ 16 367 $ 4 , 416
ASSESSMENT
RESIDENTIAL FARM 385 , 916
COMMERCIAL & BUSINESS 88 , 505
TOTAL $ 106 873 $ 28 739
$ 135 612
I
I
3
CLASSIFICATION MILL RATES
RES . & FARM COM ' L & BUS .
PUBLIC SCHOOL SUPPORTERS
GENERAL MUNICIPAL 149 . 6193 176 . 0227
COUNTY 30 . 8548 36 . 2998
PUBLIC SCHOOL 52 . 7024 62 . 0029
SECONDARY SCHOOL 42 . 4096 49 . 8936
275.:5.13A1 324 . 2190
TOTAL CONSOLIDATED
PUBLIC SCHOOL RATE
SEPARATE SCHOOL SUPPORTERS
GENERAL MUNICIPAL 149 . 6193 176 . 0227
COUNTY 30 . 8548 36 . 2998
SEPARATE SCHOOL 53 . 3200 62 . 7294
SECONDARY SCHOOL 38 . 4819 45 . 2729
272 . 2760 320 . 3248
TOTAL CONSOLIDATED
SEPARATE SCHOOL RATE
COMPUTATION OF TAXATION
GENERAL MUNICIPAL S 73 319
COUNTY 15 . 120
PUBLIC SCHOOL 25 , 066
SEPARATE SCHOOL 769
SECONDARY SCHOOL 20 , 782
SEPAJIATE SECONDARY SCHOOL 555
TOTAL $ 135 612
2 . NOTWITHSTANDING the provisions of Clause 1 of this by- law ,
any additional taxes payable as, a result of additions to the
- nil pursuant to section 83 cE The Assessment Act ,
R . S . O . 1980 , shall be that portion of the amount of taxes
which would have been levied for the current year if the
assessment had been made in the usual way , ancl that portion
shall he in the ratio that the number of months remaininrT
in the current year after the month in which the notice
provided for herein , is delivered or sent , bears to the
} nnmher twelve , and shall he entered in the Collector ' s R c 11
and collected in the same manner as if the assessment har
hren made in the usual way and more particularly descrihc�r!
V R
a follows :
a ) If the assessment has been added to the Collector ' s
Roll after June 30 , the taxes shall be due and payabl r
in one instalment on the 25th day of the month fo l low i. no
the entry of the assessment in the Collector ' s Roll :
and ,
. . . . 4
1
- 4 -
b ) If the business assessment has been added to the
Collector ' s Roll after June 30 , the business tax shall
be due and payable in one instalment on the 25th day
of the month following the day of entry of the
assessment on the Collector ' s Roll .
3 . The taxes shall be due and payable in two equal instalments
as follows :
SEPTEMBER 15, 1987
NOVEMBER 17, 1987
4 . The Collector is hereby authorized to mail , deliver and
cause to be mailed or delivered , the notice of taxes due
to the address of the residence or place of business of
the person to whom such notice is required to be given .
5 . Taxes shall be payable at par to the Corporation of the
Village of Vienna at the Clerk ' s Office or by mail to
P . O . Box 133 , Vienna , Ontario , NOJ 1ZO or at the Tri -County
Credit Union , Ti l lsonburg or Vienna Branches .
6 . There shall be imposed as a penalty for non-payment of
taxes or any class or instalment thereof on the due date
as specified in Clause 3 of this by-law , as the case may be ,
a percentage charge of one and one quarter percent ( 14% )
on the first day next after the appropriate due date , which
shall be the first day of default and an additional penalty
of one and one quarter percent ( 11/4% ) shall be added on the
first day of each calendar month thereafter in which
default continues , but in no event shall any penalty be
added under this clause after the year 19
7 . The Clerk-Treasurer and Collector of Taxes ( and a Bank
specified under Section 386 ( 8 ) ) be and the same are hereby
authorized to accept part payment from time to time on
account of any taxes due and to give a receipt for such
payment provided that acceptance of any such payment
shall not affect the collection of any percentage charge
imposed and collectable under Clause 6 hereof in respect of
non-payment of any taxes or any class of taxes or of any
instalment thereof .
1 . . . 6
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8 . In respect to the payment of taxes by tenants of lands
owned by the Crown or in which the Crown has an interest
4
provision is hereby provided that where any such tenant has
been employed either within or outside the municipality
by the same employer for not less than thirty ( 3 0 ) days ,
such employer shall pay over to the Treasurer or Collector
on demand out of any wages , salary or other remuneration
due to such employee the amount then payable for taxes "
4i0 1 under this by- law and any such payment shall relieve the
employer from any liability to the employee fov- the amount
so paid .
9 . This by- law shall come into force and take effect on the
day it receives final approval .
READ a FIRST and SECOND TIME , this 9th day of July , 1987 .
REEVE
CLERK
READ a THIRD TIME and FINALLY PASSED this 9th day of July , 1987 .
Af . •
REEVE
c(4LAJ
CLERK
f_
I
THE CORPORATION OF THE VILLAGE OF VIE :T1:.
BY- LAW NO . 824
BEING A BY-LAW to adopt the current
estimates and strike the rates of taxat : :� r.
for the year 1987 .
WHEREAS the Council of the Village of Vien. n - in accordance
with The Municipal Act considered the es tima tcy of the
Municipality and of the Boards thereof and by vi ' tue of The
Municipal Act , The Ontario Unconditional Grants of and The
Education Act , R . S . O 1980 , it is necessary that the following
sums be raised by means of taxation for the year 1987 :
GENERAL MUNICIPAL PURPOSES $ 73 , 319
COUNTY PURPOSES 15 , 120
PUBLIC SCHOOL PURPOSES 25 066
SEPARATE SCHOo1 PURPOSES -ELEMENTARY 769
SEPARATE SCHOOL PURPOSES -SECONDARY 555
SECONDARY SCHOOL PURPOSES 20 , 782
TOTAL $ 135612
AND WHEREAS all real property and business ssessment
rolls made for the year 1987 on which the 1987 tz- xes are to
be levied have been returned revised and duly certified
by the Regional Registrar of The Assessment Review Court .
AND WHEREAS the Residential and Farm Assessment as defined
in gection 7 of The Ontario Unconditional Grants tic t , R . S . O .
1980 and the Commercial Assessment as defined i : Section 1
of the said Act have been determined on the basi ,- of the
{
aforementioned real property and business assessr..ent rolls .
NOW THEREFORE the Council of the Corporation of the
Village of Vienna hereby ENACTS AS FOLLOWS :
4,
. . . . / 2
c f
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f
1 . There shall be levied and collected upon a l l rateable land ,
building and business assessment of the Corporation of the
Village of Vienna the followinc: rates of ta.:�: tion :
RESIDENTIAL COMMERCIAL
& FARM & BUSINESS
GENERAL MUNICIPAL
ASSESSMENT 385 . 916 88 505
MILL RATE 14 9. 6193 176 . 0227
TAXATION $ 57 740 S15 , 579
11/
COUNTY
ASSESSMENT
385 916 88 , 505
MILL RATE 30 . 8548 36 . 2998
1 TAXATION "" $11 , 907$11 , 907 $ 3 , 213 .
I
PUBLIC SCHOOLS
ASSESSMENT
372 . 576 87 585
MILL RATE 52 . 7024 62 . 0029
TAXATION $ 19 , 635 $ 5 , 431
ELEMENTARY SEPARATE SCHOOLS
ASSESSMENT 13 340 920
MILL RATE 53 . 3200 62 . 7294
TAXATION $ 711 $ 58
$
SECONDARY SEPARATE SCHOOLS
ASSESSMENT 13 , 340 920
MILL RATE 38 . 4819 45 . 2729
TAXATION $ 513 S 42
SECONDARY SCHOOLS
ASSESSMENT 385 , 916 88 , 505
MILL RATE 42 . 4096 49 . 8936
TAXATION $ 16 367 $ 4 , 416
I
I
ASSESSMENT
RESIDENTIAL FARM 385 , 916
COMMERCIAL & BUSINESS 88 , 505
�{ 'E TOTAL $ 106 873 $ 28 739
.2.1. :; 5 612
M r_
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CLASSIFICATION MILL !z :'+. TFS
RES . & FARM COWL & BUS .
PUBLIC SCHOOL SUPPORTERS
r,ENERAL MUNICIPAL 149 . 6193 176 . 0227
COUNTY 30 . 8548 36 . 2998
PUBLIC SCHOOL 52 . 7024 62 . 0029
SECONDARY SCHOOL 42 . 4096 49 . 8 9 E
275 . 586 ). 324 . 2190
TOTAL CONSOLIDATED
PUBLIC SCHOOL RATE
SEPARATE SCHOOL SUPPORTERS
GENERAL MUNICIPAL 149 . 6193 176 . 0227
COUNTY 30 . 854E 36 . 2998
SEPARATE SCHOOL 53 . 3200 62 . 7294
SECONDARY SCHOOL 38 . 4919 45 . 2729
272 . 2760 320 . 3248
TOTAL CONSOLIDATED
SEPARATE SCHOOL RATE
{ COMPUTATION OF TAXATION
GENERAL MUNICIPAL S 73 319
COUNTY ? 5 120
PUBLIC SCHOOL ' 5 , 066
SEPARATE SCHOOL 769
SECONDARY SCHOOL
SEPAL ATE SECONDARY SCHOOL ,.�.�555
TOTAL $ 135 612
•
2 . NOTWITHSTANDING the provisions of Clause 1 of this by- law ,
any additional taxes payable as ! a result of additions to the
roll pursuant to section 83 of The Assessment Act ,
R . S . O . 1980 , shall be that portion of the amount of taxes
which would have been levied for the current Year if the
assessment had been made in the usual way , and that portion
shall he in the ratio that the number of months remaininri
in the current year after the month in which the notice
provided for herein , is delivered or sent , bears to the
f nnnmher twelve , and shall he entered in the Collector ' s Roll
and collected in the same manner as if the assessment had
hPen made in the usual way and more par ticular ly described
an follows :
a ) If the assessment has been added to the Collector ' s
Roll after June 30 , the taxes shall be dur and payable
in one instalment on the 25th day of the month following
the entry of the assessment in the Collector ' s Roll ;
and ,
/ . . . . 4
h ) If the business assessment has been added to the
Collector ' s Roll after June 30 , the business tax shall
be due andP Y a able in one instalment on the 25th day
of the month following the day of entry of the
assessment on the Collector ' s Roll .
3 . The taxes shall be due and payable in two eco ua 1 instalments
As follows :
SEPTEMBER 15 , 19 87
NOVEMBER 17 , 19 87
4 . 'she Collector is hereby authorized to mail , deliver and
cause to be mailed or delivered , the notice of taxes due
f • •
to the address of the residence or place of business of ,.
the person to whom such notice is required to be given .
y
1 !
5 . Taxes shall be payable at par to the Corporation of the
village of Vienna at the Clerk ' s Office or by mail to
P . O . Box 133 , Vienna , Ontario , NOJ 120 or at the Tri -County
Credit Union , Tillsonburg or Vienna Branches .
}
I
6 . There shall be imposed as a penalty for non -payment of
taxes or any class or instalment thereof on the due date
as specified in Clause 3 of this by- law , as the case may be ,
-1 percentage charge of one and one quarter pAr_ cc nt ( 114% )
on the first day next after the appropriate glue date , which
shall be the first day of default and an additional penalty
of one and one quarter percent ( 1¼%) shall he added on t h e
fir. st day of each calendar month thereafter in which
default continues , but in no , etrent shall nn " penalty be
added under this clause after the year 19
7 . The Clerk -Treasurer and Collector of Taxes ( and a Bank
specified under Section 386 ( 8 ) ) be and the same are hereby
Authorized to accept part payment from time to time on
account of any taxes due and to give a receipt for such
n wrens nt provided that acceptance of any such payment
shall not affect the collection of any percentage charge
imposed and collectable under Clause 6 hereof in respect of
non -payment of any taxes or any class of taxes or of any
4 nsta1ment thereof .
/ . . . 6
4
4
{
I
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V
1
6 _
I
8 . In respect to the payment of taxes by tenants of lands 1
owned by the Crown or in which the Crown has an interest
provision is hereby provided that where any such tenant has
been employed either within or outside the municipality
by the same employer for not less than thirty ( 3 0 ) days ,
such employer shall pay over tz^ the Tr pp c rem ^r - ,�-
on demand out of any wages salary or other remurierati.cic
due to such employee the amount then payable for taxes
under this by- law and any such payment shall relieve the
•
employer from any liability to the employee for the
amount so paid .
I
9 . This by- law shall come into force and take effect on
the day it receives final approval .
READ a FIRST and SECOND TIME this day of ,i. L Y• 1987 .
ti
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R
441. cryL4e
CLERK-TREASURER
READ a THIRD TIME and FINALLY PASSED this 1 day of -77: 1- Y
19R7 .
R E �
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CLERK-TREASURER
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THE CORPORATION OF THE VILLAGE OF VIE
BY-LAW NO . 824
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BEING A BY-LAW to adopt the current
• estimates and strike the rates of taxation
for the year 1987 .
WHEREAS the Council of the Village of Vienne. in accordance
• A
110 , with The Municipal Act considered the estimates of the
Municipality and of the Boards thereof and by virtue of The
Municipal Act , The Ontario Unconditional Grants . ct and The
Education Act , R . S . 0 1980 , it is necessary that the following
•
sums be raised by means of taxation for the year 1987 :
. • •
GENERAL MUNICIPAL PURPOSES $ 73 , 319
COUNTY PURPOSES 15 , 120
PUBLIC SCHOOL PURPOSES 25 , 066
SEPARATE SCHOOL PURPOSES -ELEMENTARY 769
SEPARATE SCHOOL PURPOSES -SECONDARY 555
SECONDARY SCHOOL PURPOSES 202
TOTAL $ 135 612
a
AND WHEREAS all real property and buslness a s sess m
ant
rolls made for the year 1987 on which the 1987 taxes are to
be levied have been returned revised and duly c c r of jed
by the Regional Registrar of The Assessment Review Court .
AND WHEREAS the Residential and Farm Assessment as defined
in Sec tion 7 of The Ontario Unconditional Grants \ct , R . S . O .
1980 and the Commercial Assessment as defined ir. Section 1
of the said Act have been determined on the bas i of the
aforementioned real property and business assess ,cnt rolls .
NOW THEREFORE the Council of the Corporatio ; • of the
Village of Vienna hereby ENACTS AS FOLLOWS :
r '1
11 j 1
1
li . ' • I
1
- 2
t 1t 1 . There shall be levied and collected upon all rateable land ,
rt building and business assessment of the Corporation of the
i
Village of Vienna the following rates of t3 : tion :
{
RESIDENTIAI COMMERCIAL
& FARM & BUSINESS
GENERAL MUNICIPAL
* ASSESSMENT 385 , 916 88 505
MILL RATE 14 9. 619 3 176 . 0227
i` TAXATION $ 57 `140 $ 15 , 579
11
V I COUNTY
,
ASSESSMENT 385 916 88 , 505MILL RATE 30 . 8548 36 . 2998
TAXATION ' . v. $ 11 . 907 $ 3 , 213
4
PUBLIC SCHOOLS
ASSESSMENT 372 576 87 585
It
1 MILL RATE 52 . 7024 62 . 0029
!
TAXATION $ 19 , 635 $ 5 , 431
; ELEMENTARY SEPARATE SCHOOLS
I ASSESSMENT 13 340 920
MILL RATE 53 . 3200 62 . 7294
1 TAXATION $ 711 $ 58
I SECONDARY SEPARATE SCHOOLS
j ASSESSMENT 13 , 340 920
I MILL RATE 38 . 4819 45 . 2729
TAXATION $ 513 $ 42
!
SECONDARY SCHOOLS
ASSESSMENT 385 , 916 88 , 505
[
MILL RATE 42 . 4096 49 . 8936
TAXATION $ 16 367 $ 4 , 416
ASSESSMENT
RESIDENTIAL FARM 385 , 916
COMMERCIAL & BUSINESS 88 , 505
TOTAL $ 106 871 $ 28 739
$ 1 1 � l2
1
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{ •
3 -
CLASSIFICATION MILL RATES
RES . & FARM COM ' L & BUS .
PUBLIC SCHOOL SUPPORTERS
nENERAL MUN CIPAL 149 . 6193 176 . 0227
I
COUNTY 30 . 8548 36 . 2998
PUBLIC SCHOOL 52 . 7024 62 . 0029
SECONDARY - SCHOOL 42 . 4096 .11.121.6
,275 . 5.$Q1 3 24 . 2190
TOTAL CONSOLIDATED
PUBLIC SCHOOL RATE
SEPARATE SCHOOL SUPPORTERS
GENERAL MUNICIPAL 149 . 6193 176 . 0227
COUNTY 30 . 8548 36 . 2998
SEPARATE SCHOOL 53 . 3200 62 . 7294
SECONDARY SCHOOL • • 38 . 4819 45 . 2729
272 . 2760 320 . 3248
TOTAL CONSOLIDATED
SEPARATE SCHOOL RATE
t
COMPUTATION OF TAXATION
GENERAL MUNICIPAL $ 73 319
COUNTY ' 5 120
PUBLIC SCHOOL " 5 066
SEPARATE SCHOOL 769
SECONDARY SCHOOL
SEPAtA'T'E SECONDARY SCHOOL 555
TOTAL $ 135 612
2 . NOTWITHSTANDING the provisions of Clause 1 of this by- law ,
any additional taxes payable as, a result of additions to the
moll pursuant to section 83 of The Assessment Act ,
R. S . O . 1980 , shall be that portion of the amount of taxes
which would have been levied for the current year if the
assessment had been made in the usual way , anti that portion
shall be in the ratio that the number of months remaininn
in the Current year after the month in which the notice
provided for herein , is delivered or sent , hr ! rs to the
nmmher twelve , and shall he entered in the Collector ' s Roll
and collected in the same manner as if the a , eSsment had
hr,en made in the usual way and more par ticulnr iv describAri
a -- follows :
a ) If the assessment has been added to the Collector ' s
Roll after June 30 , the taxes shall be dur' and payable
in one instalment on the 25th day of the nonth following
the entry of the assessment in the Collector ' s Roll :
and ,
i(
1
- 4
h ) If the business assessment has been added to the
Collector ' s Roll after June 30 , the business tax shall
be due and payable in one instalment on the 25th day
of the month following the day of entry of the
assessment on the Collector ' s Roll .
3 . me taxes shall be due and payable in two eaual instalments
=Is follows :
SEPTEMBER 15 , 1987
NOVEMBER 17 1987
I 4 . The Collector is hereby authorized to mail , deliver and
cause to he mailed or delivered , the notice of taxes due
, . .
to the address of the residence or place of business of
the person to whom such notice is required to be given .
5 . Taxes shall be payable at par to the Corporation of the
village of Vienna at the Clerk ' s Office or by mail to
P . O . Box 133 , Vienna , Ontario , NOJ 1Z0 or at the Tri -County
Credit Union , Ti l lsonburg or Vienna Branches .
6 . There shall be imposed as a penalty for non -payment of
taxes or any class or instalment thereof on the due date
as specified in Clause 3 of this by - law , as the case may be ,
a percentage charge of one and one quarter percent ( 11/41t )
on the first clay next after the appropriate due date , which
1 01a l l he the first dayof default and an additional penalty
t
� y
nf one and oneuar ter percent ( 1 ¼% ) shall he added on the
q
first day of each calendar month thereafter in which
default continues , but in no ,e' ent shall an " penalty be
added under this clause after the year 19
7 . The Clerk -Treasurer and Collector of Taxes ( and a Bank
specified under Section 386 ( 8 ) ) be and the same are hereby
authorized to accept part payment from time to time on
account of any taxes due and to give a receipt for such
payment provided that acceptance of any such payment
, hall not affect the collection of any percentage charge
imposed and collectable under Clause 6 hereof in respect of
non -payment of any taxes or any class of taxes or of any
nstalment thereof .
/ . . . 6
t
'.l .1
I
9 . In respect to the payment of taxes by tenants of lands
owned by the Crown or in which the Crown has an interest
provision is hereby provided that where any such tenant has
?
been employed either within or outside the municipality
by the same employer for not less than thirty ( 30 ) days ,
such employer shall pay over to the Treasurer or Collector
on demand out of any wages , salary or other r emuner a tl�
,3ue to such employee the amount then payable for taxes
under this by- law and any such payment shall relieve the
employer from any liability to the employee for the
i amount so paid .
1
9 . This by- law shall come into force and take effect on
the day it receives final approval .
READ a FITS ST and SECOND TIM•tE this94-4 day of -Ti..- s. y 1987 .
'I ,
REEVE
° A1:: .
CLERK-TREASURER
94-4
READ a THIRD TIME and FINALLY PASSED this day of 4-`1
1987 .
t
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R EVE
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CLERK-TREASURER
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THE CORPORATION OF THE VILLAGE Or VIENNA
BY-LAW NO . 825
A By-law to regulate the supply of water
and the price thereof from the communal
water system in the Village of Vienna .
WHEREAS Section 8 , 12 & 21 of the Public Utilities Act R . S . O .
1980 Chapter 423 authorizes the Corporation to pass by-laws
to regulate the supply of water and affix the prices to be
paid therof ,;
AND WHEREAS tinder By-law No . 719 the Corporation of the Village
of Vienna on September 23 , 1975 entered into an agreement with
Her Majesty the Queen in right of Ontario as represented by
the Minister of the Environment for the supply of water to the
municipality;
AND WHEREAS the Council of the Corporation of the Village of
Vienna on November 131 1980 passed By-law No . 772 which
innoses water rates on all users of the water system ;
AND WHEREAS it is deemed expedient by the Council of the
Corporation of the Village of Vienna that said water
By-law No . 790 be rescinded and new water rates based on
metered water consumption be imposed against each user of the
system provided with water service ;
NOW THEREFORE pursuant to Sections 8 , 12 & 27 of the Public
Utilities Act , R . S . O . 1980 , Chanter 423
THE COUNCI1 of the Corporation of the Village of Vienna
enacts as follows :
1 . A water rate is hereby imposed upon the owners or occupants
of lands which ar supplied with water as a consecTuence of
the entering intqlthe above mentioned agreement .
2 . A water rate shall he charged against each user of the
water system , at a water consumption rate of :
a ) For domestic users in the Vi 1 ll.. age of Vienna ;
$5 . 00 per 1 , 000 imperial gallons of metered water
consumption with a minimum charge of $ 15 . 00 per month ;
h ) For commercial users in the Village of Vienna ;
$ 5 . 60 ger 1 , 000 imperial gallons of metered water
consumption with a minimum charge of $ 16 . 80 per month ;
c ) For domestic users outside the Corporation limits of
the Village of Vienna ; $5 . 43 per 1 , 000 imperial gallons
of metered water consumption with a minimum charge of
$ 16 . 29 per mon th ;
d ) For commercial users outside the Corporation limits of
the Village of Vienna ; $6 . 01 Der 1 , 000 imperial gallon
of metered water consurnr tion with a minimum charge of
$18 . 03 per month .
3 . Payment for the supply of water shall be made at bi-
monthly intervals for users and shall be due when billed .
A ten ( l0% )percent penalty shall be charged on al account -
not paid in full on or before the 20th day after the date
upon which accounts are billed .
4 . A service charge of $ 15 . 00 shall be levied for connection ,
or shutting off any water service .
. . . /2
4
A •
t _ 2 -
5 . BY-LAW NO . 790 passed April 12th 1984 is hereby repealed .
ner call
6 . A service charge of $ 15 . 004 be levied for collecting unpaid
water bills .
7 . An application fee of $ 3 . 00 be levied for registering new
water meters with the Municipality .
8 . A water meter charge of $ 125 . 00 be levied for new meters
installed .
I
9 . THIS BY-LAW SHALL BE EFFECTIVE FOR THE SEPTEMBER , 1987
BILLING .
READ a FIRST , SECOND and THIRD TIME and FINALLY PASSED on the
9th day of July 1987 .
/ 1 0i
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(jde'lt/K.17
CLERK
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THE CORPOR'.ATION OF THE VILLAGE OF VIENNA
4Y-LAW NO . 825
A By-law to regulate the supply of water
and the price thereof` from the communal
water system in the Vil ' a0e of Vienna .
WHEREAS Section 8112 & 21 of the Public Utilities Act R . S . O .
1980 Chapter 423 authorizes the Corporation to pass by-laws
to regulate the supply of water and affix the prices to be
paid therof ;
AND WHEREAS under Dy-law NO . 719 the Corporation of the Vill acre
of Vienna an September 23 , 1975 entered into an agreement with
Her Majesty the Queen in right of Ontario as represented by
11 the Minister of the Environment for the supply of water to the
municipality;
AND WHEREAS the Council of the Corporation of the Village of
Vienna on November 13 , 1980 passed By-law No . 772 which
imposes water rates on all users of the water system ;
AND WHE7EAS it is deemed e::pedient by the Council of the
Corporation of the Village of Vienna that said water
3y-law No . 790 be rescinded and new water rates based on
metered water consumption be imposed against each user of the
system provided with water service ;
NOW THEREFORE Pursuant to Sections 8 , 12 & 27 of the Public
Utilities Act , R . S . O . 1980 , Chapter 423
THE COU1 11 of the Corporation of the Vit. ' arcs of Vienna
enacts as follows :
1 . A water rate is hereby im osed upon the owners or occumantr;
of lands which aresupplied with water as a consequence of
the entering int the above mentioned agreement .
2 . A water rate shall he cel arc;ed against each user of the
water system , at a water .consumption rate of :
a ) For domestic users in the Village of Vienna ;
$ 5 . 00 per 1_ , 000 irmerial gallons of metered water
consumption with a minimum charge of $ 15 . 00 per month ;
For commercial users in the Village of Vienna ;
$ 5 . 60 per 1 , 000 imperial gallons of metered water
consumption with a minimum charge of $ 16 . 80 per month ;
c ) For domestic users outside the Corporation limits of
• the Village of Vienna ; $ 5 . 43 Per 1 , 000 imperial gallons
of metered water consumption with a minimum charge of
$16 . 29 per month ;
d ) or commercial users offside the Corporation limits of
the Vil ' ace of Vienna ; $6 . 01 mer 1 , 000 imperial gallons
of metered water consumption with a minimum charge of
$ 18 . 03 per month .
3 . Payment for the supply of water shall be made at bi-
monthly intervals for users and shall be due when billed .
A ten ( l0% ) percent penalty shall be charged on all accounts
not paid in full on or before the 20th day after the date
upon which accounts are billed .
4 . A service charge of $15 . 00 shall be levied for connection ,
or shutting off any water service .
. . . /2
j.
I
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• 11
!`
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5 . BY-LAW NO . 790 r,a:: ::er-' Anri1• 12th 1014 is hereby repealed .
1 per
call
E . A service charge c $ 5 . 0D e levie l for collecting unpaid
water bills .
I
1 7 . An an l is a t ion fee of $ 3 . 00 be levied for registering new
ll water meter's with the ? .iinisina1_itit . t
i
S . A water teeter chart-Are of $ 125 . 00 be l rvicd for new Teeters
} installed .
n . .T.rS BY-LAW SHALL '1E E+')'ECTIVE EOR SIE SEPTEMBER 19R7 .
. .
.141 TITT, '•TNG .
j . i I
ti R :A') n ?'?RST , SECOND n - e. TT-TIfD TIME anr3 FINALLY PASSED on the
il ' 1- -' 7-17t of JUly ' 1937 .
ii
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 826
BEING A BY-LAW to authorize the Reeve and
Clerk to sign a new leasd agreement with
the County of Elgin for the r en tai l of the
Vienna Library .
Read a First , Second and Third Time this 20th day of
July 1987 .
/ag
REEVE
01161K
410 '
•
1
4
•
THE CORPORATIOU OF THE VILLAGE 01? V L l2L\
BY--LAW DU . 825
BEING A BY-LAW to authorize the Reeve and
Clerk to sign a new leasd agreement with
the County of Elgin for the rental of the
Vicnna L.ib.-airy ..
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Read a
First , and and Third Time this 20th day t , ec of
Jul 1987 .y
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RLE E
AZ444-17-M1-9
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4 SCHEDULE " A "
'is Page 2lib �.
THE CORPORATION OF THE VILLAGE OF VIENNA
11 ,
. BY-LAW No , 826 !
I
11
# BEING A DY-LAW to authorize the Reeve and li
11
Clerk to sign a new leas agreement with ';
1the County of Elgin for the rental of the :I
if Vienna Library . h
1
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410
Read a First , Second and Third Time this 20th day of . I'll'
July ] 937 .
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STANDARD ELGIN COUNTY LIBRARY MUNICIPAL LEASE
THIS LEASE :
Made in Triplicate this day of , 19 .
In Pursuance of the Short Forms Leases Act :
BETWEEN :
CORPORATION OF THE VILLAGE OF VIENNA
hereinafter called the ' Municipality '
of the FIRST PART
411
A N D
THE COUNTY OF ELGIN
( for their Library Purposes )
hereinafter called ' The County '
of the SECOND PART
WHEREAS the Municipality owns or leases certain lands and premises
in the Village of Vienna ; in the County of Elgin .
AND WHEREAS the Municipality deems it expedient to lease area in
said building to the County of Elgin ( for Library purposes ) ; subject to
the terms and conditions hereinafter set forth .
NOW THEREFORE THIS LEASE WITNESSETH that in consideration of the
covenants and agreements hereinafter reserved and contained herein on the
part of the County , the Municipality doth demise and lease to the County
( for Library purposes ) ; its successors and assigns , all those certain
premises hereinafter called the " Leased Premises " which consist of a
mutually agreed 888 square feet for calculation purposes of this
lease ; and which are more particularly shown on Schedule " A " attached
hereto and forming part of this Lease and which leased premises form the
Library portion of a building on the lands which are more particularly
described in Schedule " B " attached hereto and forming part of this Lease .
Together with :
( a ) The right to use in common with the municipality and its staff a
portion of the building shown outlined in red on Schedule " A " ;
( b ) The right to pass and repass through that part of the Municipality ' s
�►
portion of the building shown outlined in green on Schedule we ;
( c ) A right -of -way for persons and vehicles at all times over the lands
more particularly described in Schedule " C " .
To have and to hold the leased premises together with the right
described herein above for the term of five years to be computed from the
date of effectiveness of this lease ; mutually agreed as the 1s ._ of
November , 1987 .
The County reserves the right and the Municipality agrees to allow ;
the County the option of renewal for a further five year term with all
conditions contained herein in force .
R
- 2 -
nillIllimimlimimiIllmillimilli..mll.I.MIMMIMIMMM11.1.IMIMIMIMIIIIIIIIIIIIMIMIMIIIIIII.II.I.111.IIIII. Termination of this lease is mutal . y agreed to require two years
notice in writing delivered by " Registered Letter " to the other Party by
either signing authority .
Yielding and paying therefore ; $ 7 , 00 per square foot for square feet
( as previously agreed ) ; annually ; in quarterly installments , during the
term of this Lease .
The first payment for the annual lease shall become due and payable
on the 1st of March annually with quarterly installments following on the
1st of June ; September and December immediately following the commence -
ment date of the lease term .
Said sum of $ 7 . 00 per square foot shall not decrease during the term
111 of this Lease and may be upwardly adjusted if recommended by the County
Library Committee and adopted by a vote of County Council following an
annual review in May of each year .
The Municipality mutually agrees to be bound by any such review by
the County and acknowledges their representation on County Council as
their required consent to any such changes .
It is mutually agreed and understood that the agreed sum of $ 7 . 00
per square foot to be paid to the Municipality annually by the County
shall include allowances for all custodian , janitorial , heating and
utilities and maintenance costs for the leased premises , and that the
Municipality is solely responsible for same .
The Municipality reserves the right to implement any cost savings
measure it deems advisable providing said are compatible to Library
functioning and without limiting the generality of the foregoing the
Municipality shall cover :
( a ) The cost of all fuel , oil , gas , electricity and water supplied to
the leased premises for heating , lighting and all other purposes ;
( b ) The total salaries , wages and other payments made by the
Municipality to its janitors and custodians or to any other persons or
corporations with whom the Municipality contracts for the operation ,
maintenance and repair of the building and leased premises ;
( c ) The cost of premiums paid by the Municipality for insurance on the
building ; leased premises and its municipal operation ;
( d ) The cost of all cleaning and maintenance supplies and of all mater -
ials and things required to operate , maintain and repair the building ,
but excluding the following : ( which are County Library responsibilities )
1 . The cost of any furniture and interior fittings required
• for Library purposes .
2 . The cost for Library purposes ; as requested in writing by
County Council , of any salaries , wages and other payments
required by the Municipality ; other than those persons ox.
corporations in ( b ) above ; and
3 . The cost of repairing any damage to the building and leased
premises caused by the negligence of the County or its agents ,
servants or invitees .
Nothing in ( 1 ) above shall relieve the County from the payment of any
amount hereinafter agreed to be paid by the County to the Municipality .
- 3 -
The County covenants and agrees with the Municipality as follows :
( a ) To pay the rent referred to above ;
( b ) To use the leased premises in a tenant - like manner and to leave the
leased premises in a clean and tidy condition ;
( c ) To use the building ; excluding the leased premises ; and the grounds
surrounding the building and to cause its agents , servants and invitees
to use same in accordance with the rules and regulations from time to
time established by the Municipality for the use of such areas by all
persons ;
( d ) Not to permit anything to be done on the leased premises which may
be deemed tc be a nuisance or by which the insurance on the building will
411 be increased ;
( e ) Not to use the leased premises except as part of the County Library
system ;
( f ) To pay ` for any loss or damage to the Municipality ' s contents within
the building or for any loss or damage to the building including the
leased premises when any such loss or damage is caused by its negligence
or that of its agents , servants or invitees ;
( g ) Not to allow any refuse , garbage or other loose or objectionable
material to accumulate in or about the building including the leased
premises and on the grounds surrounding same ;
( h ) Not to injure or remove any shade trees , shrubbery , hedges or any
other trees or plants which may be in or on the lands surrounding the
building and leased premises ;
( i ) To give the Municipality immediate verbal then written notice of any
accident or defect in the water pipes , gas pipes or heating apparatus ,
electrical lights or other wires within the leased premises ;
( j ) That if the County shall be in default in respect to any of its
covenants and such default shall continue for ninety ( 90 ) days after
written notice by " Registered Letter " of such default to the County ; the
Municipality may , at its option , repossess the leased premises and the
said lease shall thereupon terminate ; and
( k ) Not to assign or sublet except with consent of the Municipality
which shall not be unreasonably withheld if the sub - tenant or assignee is
a Public Library Authority established under a General or Special Act .
The Municipality covenants and agrees with the County as follows :
( a ) As soon as the leased premises are reasonably fit for occupancy to
41pIcause the Clerk of the Municipality to send notice in writing to such
effect to the County ;
( b ) To provide sufficient heating and airconditioning of the leased
premises to maintain a reasonable temperature therein at all times during
normal business hours , except during the making of repairs to the heating
and airconditioning equipment ;
( c ) To give free use to the County and all persons designated by the
County and all persons in common with the Municipality and all persons
designated by it , of all stairways , hallways , entrances and common areas
used by the public within the building for all Library purposes and for
providing ingress to and egress from the leased premises ;
• - 4 _
( d ) To supply hot and cold water to the washrooms and sinks in the
leased premises ;
( e ) To provide adequate toilet facilities for male and female employees
to comply with the requirements of The Industrial Safety Act , 1980 and
any other provincial requirements or regulations or municipal by- laws and
to permit the County , its servants and agents , to use the said toilet
facilities and to keep them in good working order ;
( f ) To supply the leased premises with electric power ;
( g ) To remove snow and ice from the sidewalks and driveways ad j acer t tc
and leading to the building and to reasonably maintain the grounds around
the building ;
41/ ( Iwo, promptly repair and keep the building , including the leased
premises and every part thereof , in good repair , order and condition .
Whenever any structural repair is required to any part of the building ,
to consult with the County as to the nature and need for such repair
before making the same .
If upon ninety ( 90 ) days after written notice by the County such repairs
are not commenced the County may authorize same and deduct such costs
from future rent ;
( i ) To supply janitor service to the leased premises ; where applicable ,
per Schedule " D " Guideline attached ;
( j ) To obtain and maintain , at all times , insurance as follows :
( i ) Insurance against loss or damage to the building by
fire , lightning or tempest with the usual additional perils as
covered by extended coverage and to the full insurable value of
the building on a replacement cost basis with loss payable to
the Municipality and the County as their interests may appear
and the Clerk of the Municipality shall cause a statement of
endorsement to be sent to the County Clerk and Librarian yearly ;
( ii ) General public liability insurance in an amount satis -
factory to the Municipality and the County against claims for
personal injury , death or damage to property occurring upon or
in or about the building including the leased premises with the
Municipality and the County named as the insureds ; and
( iii ) Pressure vessels and other apparatus which may be in ,
about or upon the building in such amount or amounts as the
Municipality and the County may agree upon a replacement cost
basis with loss payable to them as their interests may appear .
410 ( 1 ) To pay for any loss or damage to the County ' s contents within the
building or for any loss or damage to the leased premises when any such
loss or damage is caused by its negligence or that of its agents , ser -
vants or invitees .
If the leased premises are totally destroyed by fire or other cause
for which the Municipality is insured , the Municipality may at its option
replace the building according to plans approved by the Municipality and
the County . If the Municipality elects to replace such building , the
proceeds payable under the insurance policy or policies shall be used for
such purposes . If the building is not replaced thereupon this Lease
shall terminate .
5 -
If the leased premises are partially destroyed by fire or other
cause for which the Municipality is insured , the Municipality may at its
option repair the damaged portion of the building according to plans
approved by the Municipality and the County .
The Municipality covenants with the County for quiet enjoyment .
PROVIDED that the County may remove its fixtures brought by it to
the leased premises provided that it makes good any damage in so doing .
PROVIDED that the County shall have the privilege of affixing such
signs as do not permanently disfigure the building and as may be approved
by the Municipality in writing and such approval shall not be unreason-
ably withheld .
411 If the , County should hold over after the original term , or after any
renewal thereof , such holding over shall be construed to be a tenancy
from year to year only , and shall have no greater affect , any custom ,
statute , law or ordinance to the contrary , notwithstanding . Such year to
year tenancy shall be governed by the terms and conditions of this Lease ,
notwithstanding any statutory provisions or rules of law with respect to
the incidents of the year to year tenancy , and shall be subject to
termination upon six ( 6 ) months ' notice in writing .
Any notice required by this Lease shall be sent or any notice
requesting a renewal of covenant or any notice as to changing the address
to which notices , statements or estimates are to be sent , shall be sent
by prepaid registered mail and when the notice is to the Municipality , it
shall be addressed as follows :
The Corporation of the Village of Vienna
Highway # 19
P . O . Box 133
Vienna , Ontario NOJ 1Z0
And where such notice or statement is to the County , it shall be
addressed as follows :
The Corporation of the County of Elgin
450 Sunset Drive
ST . THOMAS , Ontario
N5R 5V1 .
The Parties agree that the Lease shall be registered against the
lands described in Schedule " B " attached hereto .
This Lease shall enure to the benefit of and be binding upon the
successors and assigns of the Parties hereto .
' INITIAL IMPLEMENTATION CLAUSE "
( a ) Where existing " B " Leases are in place they may be replaced by this
Lease upon the mutual consent of Elgin County Council and the Municipal
Council by means of the passing of by - laws authorizing the necessary
signing officers .
It is acknowledged that upon implementation of this leasing agree-
ment that all prior existing leases , covenants and conditions are null
and void .
( b ) Where existing " A " Leases are in place they may be replaced by this
Lease upon the mutual consent of Elgin County Council and the Municipal
Council by means of the passing of by- laws authorizing the necessary
*signing officers .
•
- 6 -
• As a condition of implementation the signing Municipality agrees and
acknowledges that a County of Elgin grant previously awarded in the
amount of $ Nil shall upon signing of this document become repayable in
full to the County of Elgin .
Said sum shall then constitute an interest free loan owed to the
County of Elgin .
The total amount of $ Nil shall be repaid in ten equal annual
installments of $ Nil and said installments shall be deducted at source
as quarterly payments from the Lease funds payable to the Municipality
under the conditions of this leasing agreement .
411 It is acknowledged that upon implementation of this leasing agree -
ment that all prior existing leases , covenants and conditions are null
and void .
( c ) Where expansion of Library services are desired by the County of
Elgin and are mutually agreed upon by a member Municipality by means of
new construction , re - location or major renovation of existing premises
prior to implementation of this Lease the County of Elgin and the
Municipality may enter into an agreement by means of a " Letter of Intent "
to accommodate such expansion .
The " Letter of Intent " shall be accompanied by such plans , drawings
and construction timetables as are deemed necessary by the County of
Elgin Library Committee to accommodate a proper recommendation to County
Council .
When the " Letter of Intent " is mutually accepted by motion of
Councils a by- law will be prepared - authorizing signing officers for both
the " Letter of Intent " and this leasing agreement ( upon occupancy ) .
Upon completion of all conditions of the " Letter of Intent " and
implementation of this leasing agreement the Municipality shall receive
an interest free loan of $ 10 . 00 per square foot of leased premises as
specified for calculation purposes in this leasing agreement .
This loan in the amount of $ Nil shall be repayable under the same
conditions as apply to subsection ( b ) above affecting " A " Type lease
grant repayments .
It is acknowledged that upon implementation of this leasing agree -
ment that all prior existing leases , covenants and conditions are null
and void .
!IP
1
- 7 -
I
IN WITNESS WHEREOF the said Parties hereto have hereunto affixed
their corporate seals attested to by the hands of their proper signing
officers .
SIGNED , SEALED AND DELIVERED ) THE CORPORATION OF THE
in the presence of ) VILLAGE OF VIENNA
}
l
) Reeve
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4/7z7171.-
) G e rbc
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) THE COUNTY OF ELGIN
)
)
)
)
Warden
)
)
)
)
Clerk
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11/
- 8 -
SCHEDULES - ( It is the responsibility of the Municipality to supply these
documents and sufficient copies of same to allow the County to properly
register this Lease )
' A ' A floor plan and measurements ; ( reasonably to scale ) of building
and - leased premises ( showing mutually agreed interior useable
square footage used to establish leasing calculations ) .
' B ' The legal description and registered survey copy of entire site
and location .
!II
' e ' A site plan showing all pedestrian and vehicular access to
premises .
' p' Branch Libraries Building Cleaning Guideline .
t
� 1
•
410
• - 9 -
a
SCHEDULE ' D '
BRANCH LIBRARIES BUILDING CLEANING GUIDELINE
MINIMUM FREQUENCY
1 . Vacuum broadloom in halls , entrances and all
public areas . Twice weekly
2 . Clean entrances and exits . Daily
3 . Quarry , tile floors are to be cleaned and
maintained in accordance with manufacturer ' s
specifications . Twice weekly
4 . Floors in garbage room to be cleaned thoroughly . Twice weekly
5 . Wash down garbage chutes . Weekly
6 . Floors in electrical room , storage room must be
kept clean . As required
7 . Vinyl asbestos flooring in stairwells , landings ,
stairs to be kept clean . Twice weekly
8 . Clean public washrooms , maintenance areas ,
including sinks , toilet bowls and mirrors . Daily
9 . Dust public washrooms , fire bells and lights ,
exit signs and window ledges . Weekly
10 . Dust electrical panels , hot water tanks , pumps ,
pipes , etc . Monthly
11 . Change or clean all corridor make - up air filters
and outlets . Monthly
12 . Wash all lights . Twice yearly
13 . Replace all burned out light bulbs and tubes in
public areas . As required
14 . Steam clean all public broadloom and matting . Annually
15 . Vacuum public drapes . Monthly
16 . Spot clean door glass frames and doors ( hand
marks ) . Daily
17 . Bag all garbage into standard size garbage bags ,
spray disinfectant . Daily except Sunday
18 . Empty wastepaper baskets . Daily except Sunday
19 . Move garbage bags from garbage room on pick- up
days to street curbside prior to truck arrival . Pick-up day
20 . Thoroughly clean all windows , screens , inside
and out , and areas between windows . Spring and Fall
21 . Clean walls in corridors , stairwells , and other
public areas . Bi -monthly
22 . Clean lounge furniture , card tables , chairs ,
stove , refrigerator and sink , Weekly
23 . Sweep sidewalks ( minimum twice monthly ) . As required
24 . Keep all sidewalks clear of snow . As required
•
• •
• 10
MINIMUM FREQUENCY
25 . Spread ice removing pellets on sidewalks ,
parking lot and driveways . As required
NOTE : All equipment shall be supplied by the Municipality including :
ice removing pellets , make - up air filters , light bulbs and
fluorescent tubes , garbage bags , toilet paper , paper towels .
soap , disinfectant , deodorant and cleaning supplies .
•
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY LAW NO . 828
D
BEING A BY-LAW TO appoint Jennifer Hartmann as an
employee of the Corporation of the Village of Vienna .
WHEREAS Sections 77 79 and 87 of the Municipal Act
R . S .O . 1980 . c . 302 requires the Council to appoint a
Clerk , Treasurer and Tax Collector ;
Now Therefore Be It Enacted by the Municipal Council o f '
the Village of Vienna as follows :
1 . THAT Jennifer Hartmann br and is hereby appointed Clerk-
Treasurer
lerk-
Treasurer and Tax Collector and Licence Issurer of the
Corporation .
2 . In addition to the duties required to be performed under
and statute Jennifer Hartmann shall perform such other
duties as may , from time to time , be assigned to the Clerk-
Treasurer by by- law of the Council .
3 . The Clerk-Treasurer and Tax Calle nd Licence Issuer
shall be paid a salary of $ 550 . 0 •, for the year 1987 and
thereafter until such time as a new salary is established .
4 . That in consideration of the use of the Clerk-Treasurer ' s
own vehicle for municipal business purposes a car
allowance of $ 50 . 00 per month be paid to the aforementioned
Clerk-Treasurer .
5 . By-Law Number 818 , being a by- law to appoint Laurie Monk
as an employee for the Corporation of the Vi l l acre of
Vienna is hereby repealed .
6 . This by- law shall take effect on the ist day of September
1987 .
Read a First Second and Third Time this 27th day of August
1987 .
4
REEVE
1
• i '• r
CLE • K
,. .....
I
',a / 1 THE CORPORI .TTON of THE V I LL.GE OF VIENNA s
BY L7W NO . 828
11
Y
11
BEING i, BY-LAW TO appoint Jennifer Hartmann as an
enploy: e of the Corporation of the Village of Vienna .
iTU£RE S Scct ionE 77 79 and 87 of the Municipal Act
R . S . O . 1980 c . 302 requires the Council to apno in t a
Clerk Treasure'' and Tax Collector ;
Now Therefore Be It Enacted by the Municipal Council of
the Village of Vienna as follows :
y
It ,
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1 . THAT tir.nr fc r Nartnann he and is hereby annoin. tec' Clerk -
Treasurer and: Ta;; Collector and Licencc Issurer of the
1Corrora tier. .
2 . In adei t ion to the duties renuired to be ncrforned under
an6 statute Jennifer Hartmann shall perform such other
duties as may , from time to time , be assicmed to the- C ' crk -
T reasurur by by- law of the Council .
I
i I 3 . Thr Clrrk-Treasurer and Tax ColleaQL4pnd Licence Issucr
shall ht naic' a salary of $ 550 . 0 for thc year 19P7 and
'� - thfree ftcr unti3. such tine as a new salary is established .
i' 1 1
II i 4 . That in consideration of the use of the Clerk-Treasurer ' s
own vehicle for munic - • a . _ business purposes a ce
allowance of $ 50 . 00 rcr month he paid to thc ? foremc?ntioned
Clerk-T c•asure'h .
I
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5 . By-Lat•. Number 818 beinc a 1T7- law to appcint Laurin Monk ':.
ar E n , ,n ort r fo,- thr Corno' e tion, of the Vi 3 l -c or
Vienna is hearc,:. reocaled .
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6 . This h::•- 1 a_w siva l l take effect on the ist day of September
1987 .
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f ead- r. First areone and Third Time this 27th of t�uaust i
day
�i
f
1987 . i
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REEVE
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• ^HE CORPORATION OF THE VILLAGE OF VIENNA
,/‘ BY LAW NO . 828
TIEING A BY-LAW TO appoint Jennifer Hartnai n 7N n -
employee of the Corporation of the Vi.l. lare o f "? rna .
WHEREAS Sections 77 79 and 87 of the runicir,al - r. t.
. S . O . 1980 . c . 302 requires the Council to ' i n t 7 .
Clerk . Treasurer and Tax Collector ;
Now Therefore Be It Enacted by the r.'un ic:iral nounr i l of
the Vi 1 lace of Vienna as follows :
i 0 .
. THAT Jennifer Hartmann he and is hereby annoir.tc'r' r: l erk-
Treaeurer and Tax Collector and Licence Issud-e" n" t.`Ne
L Corporation .
'' . In addition the duties r. equir. ed to be fer'fo` nr'rl under .'
L.. .:A v ,• i►w '4.:e ‘a
`. . ....ir 1 t:J. id_(. „♦.ltA}i t 4 A %J• s . . L .+.. .. . - . .J t- .
duties as may , from time to time , be assinnerl to the ' : urk.. ',
Treasurer by by- law of the Council . F:
3 . The Clerk-Treasurer and Tax Co l l.e nd Licencr. Tssnicr
shall be Haid a salary of 5550 . 0 A or. the "(+al-► I^ `'7 ani
thereafter until such time as a new salary is f :- t7N.1.0. i. shed .
A . That in consideration of thr use of thr (7 , (:...T. `' 5''4,"'
own vehicle for mvnicinal business nurr)'1scs a rp
I allowance of $ 50 . 00 ner month )1e nai0 to t;' e n (!o-r.r.(Nntioned
C l erk-Treasure'' .
5 . Br-Law Number 818 . being a by- law to n Inr,. in t T.,l'rai.^ ' 'on}
as an employee for the Corporation of the '/j1 --r o r-'
Vienna is hereby repealed .
6 . This by-law shall take effect on the ist dny e) c ,. , .^umber
1987 . 1
1
7(!ad a First Second and Third Time this 27th 07,. . ! lr"ust
i
10 `" 7 .
PEEVE
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., THE CORPORATION OF' THE Village of - Vienna
• I. , -
• ,
BY -LAW NO . 829
A BY -LAW to provide for minimum standards for
maintenance and occupancy for all properties
in the Village of Vienna
The Municipal Council of the Corporation of the Village:
of Vienna enacts as fo lows :
Section 1 TITLE
This by- law may be cited as the " Maintenance and Occupancy By -Law . "
111
Section 2 DEFINITIONS
.
In this by - law , unless the context requires otherwise :
.
2 . 1 " Accessory Building " means a building or structure
. • • the use of which is normally incidential , subordinate
.
and exclusively devoted to the use of the main t
structure and is located on the same lot therewith .
;_ 2 . 2 " Committee " means a Property Standards Committee
i;. established under this by - law .
2 _ " Corporation " means the Corporation of the Village•
.
of Vienna .
2 . 4 " Council " means the Municipal Council of the
Corporation of the Villaae of Vienia . II
2 . 5 " Dwelling " means a building , any part of which is or is '
• f intended to be used for the purposes of human !,
habitation .
.
•
-12-1,4. " Notice " means a notice of violation or order to E
`r demolish or repair property served by an officer
e-
pursuant to this by- law . i.
2 . 7 " Occupant" means any person or% pars ons over the age
of eighteen years in possession of the property .
t
2 . 8 " Officer " means the Property Standards Officer who is i:
ii also the Building Inspector , appointed by the ,
, Corporation of the Vi 11ge `o f Vienna for the time i;
4 beingcharged with the dutyof administering and �'
g
enforcing the provisions of this by- law .
,
2 . 9 " Owner" includes the person for that time being
managing , or receiving the rent of the land or premises
in connection with which the word is used whether on 4
his own account or as agent or trustee of any other person
410 or who would so receive the rent if such land and
premises were let , and shall also include a lessee or
.
occupant of the property who , under the terms of a lease ,
is required to repair and maintain the property in
accordance with the standards as set out in this by - law . :.
2 . 10 " Property " means a building or structure or part of 1
a building or . structure , and includes the lands and t
premises appurtenant thereto and includes vacant
property .
1
1
• 2_` 11 " Repair" includes the provision of such facilities and
the making of additions or alterations or the taking
of such action as may be required so that the property
shall conform to the standards prescribed in this by - law ,
. and " Repairs " and " Repaired" have a corresponding mean -
ing .
4
Si.• 2
2 . 12 " Standards " means the standards of physical condition
and of occupancy prescribed for property by this
by- law .
2 . 13 " Structure " means anything constructed or erected , the
use of which requires location on or in the ground , or
attached to something having location on the ground
and , without limiting the generality of the foregoing ,
includes a vehicle as defined in The Highway Traffic
Act .
2 . 14 " Yard" means the land , other than publicly owned land ,
around and appurtenant to the whole or any part of a
structure .
410
Section 3 GENERAL PROVISIONS
3 . 1 Application of By - Law
t
This by- law applies to all property in the Corporation .
} i
3 . 2 Responsibility of owner to Maintain , Repair or
Demolish Property .
The owners of property shall :
( a) Comply with all standards prescribed in this by - law .
ki
( b) Not permit any person to use or occupy any property
owned by him unless such property conforms to the
standards prescribed in this by- law . e
( c ) Repair or effect the demolition wi th'A the time and
in the manner specified in an order of The
Property Standards Officer which is final and bind- t
ing as provided in The Planning Act , 19 70 , as
amended from time to time .
PHYSICAL CONDITIONS OF YARDS AND
Section 4 ACCESSORY STRUCTURES
4 . 1 Cleanliness of Yards
All yards shall be maintained clean and free from
rubbish and other debris and from objects and con—
ditions such as holes cr excavations that might
create a health , fire or accident hazard.
4.2 Sewage and Drainage
( a ) Sewage shall be discharged into the sewage system
9 Y
acceptable to the municipality and/or Medical
Officer of Health .
( b ) Every yard shall be maintained so that storm water
shall be drained from the yard so as to prevent
excessive ponding so as not to create a health
10 hazard or the entrance of water into basement
or cellar .
4 . 3 Passageways
Steps , walks , driveways , parking spaces , and similar
areas of a yard shall be maintained so as not to
create a health , fire or accident hazard .
4 . 4 Obnoxious Plants
Ragweed and other noxious plants , such as poison ivy ,
poison oak , and poison sumac shall be eliminated
from the yard .
11
3 _
4 . 5 Accessory Buildings
( a ) An accessory building , including a fence , shall
be kept in good repair and free from health ,
fire and accident hazards .
( b) Where an accessory building or any condition in a
yard may harbour noxious insects or rodents all
necessary steps shall be taken to eliminiate the
insects or rodents .
( c ) Where an accessory building is not maintained in
accordance with these standards it shill be re-
moved from the yard , upon order of the committee ..
4 . 6 Garbage Disposal
( a ) Every dwelling and every dwelling unit within the
dwelling shall be provided with such receptacles
as may be necessary to contain all the garbage ,
rubbish , and ashes that accumulate in the yard
and in the dwelling , and this shall apply where
applicable to commercial and industrial areas .
( b ) Receptacles shall be :
( i) made of metal or plastic ,
( ii ) made of water tight construction ,
( iii ) provided with a tight fitting cover , or tie ,
( iv) maintained in a clean state .
( c ) Industrial , commerical structures ' and multiple
dwellings ' garbage , rubbish and ashes shall be
promptly stored in bins and storage areas and
removed in accordance with applicable regulations
of the Corporation .
( d ) Materials of an inflammable nature shall be safely
stored or removed at once from the property .
( e ) Garbage in gar6a e storage areas shall be kept
rodent free at ail times and methods used for
exterminating rodents or insects or both , shall
Conform with generally accepted practice .
Section 5 MAINTENANCE OF STRUCTURES
5 . 1 Pest Prevention
A structure shall be kept free of rodents and
insects at all times and methods used for exterminating
rodents or insects or both shall conform with generally
accepted practice .
5 ,,2 Structural Standard
Every part of a structure shall be maintained in a
structurally sound condition and so as to be capable
of sustaining its own weight and any additional weight.
that may be put on it through normal use and further
that all necessary steps be taken to insure the safety
of the inhabitants . •
5 . 3 When a complaint is received steps may be taken under
Section 5 . 2 to insure safety . This could occur with :
( a ) Supporting structure members that have rotted
or deteriorated .
( b) Steps or stairs in dangerous conditions .
( c) Handrails and such safety items as may effect
health and safety of inhabitant .
Section 6 ADMINISTRATION , ENFORCEMENT & PENALTIES
6 . 1 Administrator
This by - law shall be administered by the Property
Standards Officer , who is also the Building Inspector .
6 . 2 Inspection
( a ) The Property Standards Officer or his Deputy
shall not enter any room or place actually used
as a dwelling without the consent of the occupier .
( b ) The Property Standards Officer may , at all
reasonable times and upon producing proper
identification , enter and inspect either by
himself or accompanied by one assistant , any
411 property to which this by - law applies , except
the interior of a dwelling .
6 . 3 Notice of Non--Compliance
( a ) When inspection by the Officer reveals that a
property does not confirm to the standards
prescribed in the by - law , he shall serve or cause
to be served by personal service upon , or send
by prepaid registered mail to the owner of the
property and all persons shown by the records of
the Registry Office or the Land Titles Office
to have any interest therein a notice containing
particulars of the non - conformity and may , at they
same time , provide all occupants with a copy of
such notice .
(b) The Notice shall state :
( i ) That the property does not comply with the
standards prescribed by this by - law and
• .. shall specify the standards with which the 1
property does not comply ,
( ii ) that action is required to be taken to bring I
the property into compliance with the by-law
and shall specify the required action , giving
reasonable particulars . A time limit may be
imposed at the discretion of the Property
Szandards Officer .
( iii ) that the Officer may be contacted for the
purpose of requesting information and
advice or reporting what action is being or ri
will be taken to effect compliance 11th the
by - law .
6 . 4 Orders
After affording any person served with a notice
provided for by Section 6 . 3 an opportunity to appear
before the Officer and to make representations in
410 connection therewith , the officer may !rake and serve
or cause to be served upon or send by prepaid registered
mail to such person an order pursuant to Section 1 ee 7i
of The Planning Act , R . S . O . 19 70 , as arr.ended , containing ,
( a ) the municipal address or the legal description of
such property ;
( b ) reasonable particulars of the repairs to be effected
or a statement that the site is to be cleared of
all buildings , structures , debris or refuse and
left in a graded and levelled condition and the
period in which there must be a co=pl iance with
the terms and conditions of the order and notice
that , if such repair or clearance is not so done
within the time specified in the order , the
municipality may carry out the repair or clearance
at the expense of the owner; and
( c ) the final date for giving notice o-f appeal from
the order .
s
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6 . 5 Penalties
Every person who contravenes any of the provisions of
this by- law shall upon conviction , be liable to a fine
not exceeding three hundred ( $ 300 . 00 ) dollars
exclusive or costs .
6 . 6 Validity
If any section of this by - law shall for any reason
be held to be invalid the remaining sections of the
by- law shall continue to be in force .
411
6 . 7 Conflict With Other Laws
Where a provision of this by- law conflicts with another
by - law in force of the Corporation , the provision that
establishes the higher standard of the health , safety
and welfare of the general public shall prevail .
6 . 8 Property Standards Committee
( a ) There shall be and is hereby established a Property
Standards Committee of three ratepayers of the
Corporation , one of whom shall at least be 65
years of age , who shall hold office fox- three
years : provided that in making the first three
appointments to the Committee the Council shall
stipulate that one members shall hold office for
three years , one shall hold office for two years ,
and one shall hold office for one year , so that
thereafter there shall be one vacancy on the
Committee each year , and the Council will in each
year forthwith fill the vacancy which occurs .
That members of Council and employees of the
municipality or a local board thereof , are not
eligible to be a member of the Committee , but
a teacher employed by the Board of Education or
School Board , is not deemed to be an employee
for the purpose of this section .
i
• ( b ) When the owner or occupant upon whom an order
has been served in accordance with Sec-tion 6 . 4
f; is not satisfied with the terms or conditions
tJ of the order , he may appeal to the committee
by sending notice of appeal by registered mail
4 to the secretary of the committee within fourteen
days after service of the order , and , in the event
that no appeal is taken , the order shall be deemed
to have been confirmed .
( c) The Property Standards Committee may grant a
411 registered owner of a property who is the sole
occupant thereof , either by himself or with the
immediate members of the family , an extension of
not more than one year from the end of the time
specified in an Order given under Section 6 ( 4 )
within which any repairs are to be made , provided
that no extension shall be granted unless the
Committee is of the opinion that a refusal of the
application would result in undue hardship .
( d ) Council shall appoint a secretary for the Committee
whose duties shall be as required pursuant to
Section 36 of The Planning Act , R : S . O . 1970 , as
amended .
4b p
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6 - .
•
Section / AUTHORITY OF PLANNING ACT
This by - law shall be read as subject to The Planning
Act , being R . S . O . 1970 , Chapter 349 , as amended from
time to time and wherever the provisions of the
by- law conflict or are otherwise inconsistent with
the provisions of The Planning Act , the provisions
of The Planning Act shall apply and shall by Aeom+! rt
to be incorporated in this by-law .
READ a FIRST , and SECOND TIME this 10th day of
Scptembcr 19n7 .
f
//1/iv- 6 i Ova MAY O R, ec2,„)
./.27,„ CLE RSC
READ a THIRD TIME , PASSED , SIGNED , SEALED and
4
•
NUMBERED 829 this 10th day of
September , 1977 .
.
/i/ (A4
, ‘ ., - I MAYOR
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,1 / 1
/ CLE RSC
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THIS IS THE INDEX TO BY -LAW NO . P29
� s
P nabiin`g Legislation Page 1
P art 1 - General Page 1
P art 2 - Definitions Page 1- 2 - 3 - 4 - '
P art 3 - General Occupancy & Maintenance Standards Page 5
P art 4 - Maintenance of Yards & Accessory Buildings Page 5 - 6
4 . 1 Yard Page 6
4 . 2 Sewage & Drainage Page
4 . 3 Walks t Page 6
4 . 4 Safe Passage Page 6
4 . 5 Accessory Buildings ' Page 6
4 . 6 Garbage Disposal Page 6 - 7
P art 5 - MaiLtenance of Property
5 . 1 Pest Prevention Page 7
5 . 2 Basement Floors Page 7
5 . 3 Foundations Page 7
5 . 4 Structurally Sound Page 7
5 . 5 Exterior Walls and Roofs Page 7 - 8
5 . 6 Roof Page 8
5 . 7 Dampness Page 8
5 . 8 Weather Proofing Page 8
5 . 9 Stairs Page 8
5 . 10 Egress Page 8
5 . 11 Handrail Page 8
5 . 12 Walls and Ceilings Page 9
5 . 13 Floors Page 9
5 . 14 Cleanliness Page 9
5 . 15 Water Page 9
5 . 16 Sewerage System Page 9
5 . 17 Plumbing System Page 9
5 . 18 Toilet , Kitchen & Bathroom Facilities Page 9
5 . 19 Bathromm and Toilet Room Page 9
5 . 20 Kitchen Areas Page 10
5 . 21 Heating System Page 10 - 11
5 . 22 Electrical Service for Dwellings & Dwelling Page 11
Units
5 . 23 Light for Dwellings & Dwelling Units Page 12
5 . 24 Ventilation for Dwellings & Dwelling Units Page 12
5 . 25 Basement or an Unheating Crawl Space Page 12
5 . 26 Occupancy Standards Page 12 - 13
P art 6 - Reponsibi l i ty of Occupant Page 13- 14
P art 7 - Responsibilities of the Owner Page 14
Fart 8 - Duties of Property Standards Officers Page 14
rt 9 - Notice and Orders of Property Standards Officers Page 14
P art 10 - Date of Service or Mailing Notice or Order Page 14 - 15
P art 11- Town Empowered to Repair Page 15
P art 12 - Administration and Enforcement Page 15
Part 13 - Authority of Planning Act Page 16
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f THE CORPORATION OF THE Viiiac e of Vienna
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BY -LAW NO . 829
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A BY -LAW to regulate the standards for the
maintenance of the physical conditions and
occupancy of properties in the Village 7Of Vienna .
WHEREAS Section 36 of The Planning Act , being revised
Statutes of Ontario 19 70 , Chapter 349 , and amendments thereto ,
provides that a Council may pass By -Laws to :
- Prescribe standards for the maintenance and occupancy of
property ;
. - Require property to be repaired and maintained in conformity
ty
with the prescribed standards ;
.: - Prohibit the use of property that does not conform to the
prescribed standards ; and
- Require that property be cleared of all buildings or structures
that do not conform to the prescribed standards .
' AND WHEREAS it is deemed necessary and expedient to pass a
By-Law to prescribe standards for the maintenance of the
physical conditions and for the occupancy of property within
the Corporation of the Village of Vienna . .
'
THEREFORE , the Council of the Corporation of the Village
•' of Vienna' • hereby enacts as follows :
n PART 1 - GENERAL
i.
1fs 1 . 1 Short Title
.•
This by- law may be cited as The Occupancy and Maintenance
t,
. By-Law .
li
it 1-2
i•
`: In this by - law the word shall is mandatory and not
• is
• directory , words in the plural include the single number ,
f� words in the present tense include the future .
1! 1 . 3 Defined Area
The provisions of this by - law shall apply to all properties
is within the boundaries of the Corporation of the Village
11 'of Viennali
:; ;
J 1 . 4 Scope
Ri
!` No properties shall be used and no buildings or structures '
t
shall be erected , altered , enlarged , maintained or used for .
t; any purposes within the Village of :VA fl& .r except in k
1/' t
;;ii conformity with the provisions of this by - law .
= 1 . 5 Validity
is Should any section , clause or provision of this by- law !1
t be held by a court of competent jurisdiction to be in- `
valid , the . validity of the remainder of the by - law shall
not be affected . •
1'
' 1 . 6 Effective Date
1
• This by - law- law shall come into full force ann effect as of f
the data of passing hereof . .
,
r PART ' 2 - DEFINITIONS
2 . 1 " Accessory Building" shall mean any building or structure
which is separate from or attached to the main building
- on the lot on which both are located and the use of which
• is normally subordinate and incidental to that of the, main
r .
building .
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2 . 2. 'Basement" shall mean that portion of a building between
.. two floor levels which is partly below finished grade level ,
but which has at least fifty percent ( 50% ) of its height
from finished floor to finished ceiling above adjacent
grade level and in which the height from adjacent grade
level to the ceiling is less than six feet .
. I)
2 . 3 " Bathroom" means a room containing a bathtub or shower
with or without a water closet and basin .
. E
2 . 4 "Building Inspector" means the person who may f rom time to 11,{
time be appointed by the Council of the Corporation to
PP
the position of Building Inspector .
2 . 5 " Bearding House " means any house or building or portion
thereof in which the proprietor supplies for hire or gain
to three ( 3 ) or more than three ( 3 ) other persons , meals
with or without lodging .
f
2 . 6 "-By-Law" means a by - law of the Corporation of the Village 1
of f.Vienna .
2 . 7 " Cellar" shall mean that portion of a building between
two floor levels which has more than fifty percent ( 50 % )
of its height from finished floor to finished ceiling
below adjacent grade level .
2 . 8 " Clerk " means the person who may from time to time be
appointed by the Council of the Corporation to the
position of Town Clerk .
2 . 9 " Committee " means the Property Standards Committee herein
established pursuant to the authority of Section 36 of i
The Planning Act .
2 . 10 " Corporation" means The Corporation of the village ' of i
:Vienna .
2 . 11 " Council" means the elected Council of the Corporation i
of the VLl.lage of Vienna .
2 . 12 " Court" other than a court of law means an open space ,
on the same lot with a building , which is bounded on two or 1
more sides by the walls of the said building . '
2 . 13 " Crawl Space " means the space below the floor of the first
storey of a building which is not less in height than
twelve ( 12 ) inches from the underside of the floor joists
to the surface below and is not a cellar or basement as
herein defined .
i 2 . 14 " Commercial Property " means a property used for the sale
of goods and/or services and for the purposes of this
by - law shall include office buildings , halls ,
P ldin s
Y g
licensed premises and private clubs , and any building that ''
is used in conjunction with these uses . }
2 . 15 " Dwe means a building or structure or part of a
building or structure occupied or capable of being occupied ri:
in whole or in part for the purposes of human habitation and ::
ii shall include the land and premises appurtenant thereto f!
• and all accessory buildings , fences or erections thereon
or therein .
I
12 .. 16 " Dwelling Unit" means a separate set or living quarters
1designed for , or used by an individual or one family I:.
ialone , which shall include at least one room a kitchen
'and a bathroom , and which has a private entrance from
i outside , or from a common hallway or stairway inside .
r
2 . 17 . " Engineer" means the person who may from time to time
be appointed by the Council . of the Corporation to the
t position of Town Engineer .
i .
!: 2 . 18 ." Family " means ( a ) one human being , or
_�-,..n n - nr - : •' e • i nvs livin • to • e her
T!r--------,T
3 -
•
.. ' f;. as a single housekeeping unit , which unit shall not
I
', 4'y � n
:,
include more than a man or woman , the spouse of such
�; man or woman ( including a common - law spouse ) the ,hhildren
:s‘ H of either or both of such man , woman or spouse and two
i ' other h uma n beings , or .
I; ( c ) a group of not more than three
V human beings living together as a single housekeeping unit .
R
II
2 . 19 " Finished Grade Level " means the average elevation of the
V. finished surface of the ground abutting the external walls
c) . building or structure , exclusive or any embankment
li in lieu of steps .
i
2 . 20 " Fire Prevention Officer " means the person who may from
411 1 time to time be appointed by the Council of the Corporation
to the position of Fire Prevention Officer .
III2 . 21 " Fire Resistance Rating" means time in hours or parts
thereof that a material , construction or assembly will
withstand fire exposure , as determined in a fire test
'
Imade in conformity with generally accepted standards ,
or as determined by extension or interpolation or
information derived therefrom .
2 . 22 " Habitable Living Space " means any floor space in a
dwelling or dwelling unit used , or intended to be used ,
for living , sleeping , cooking or eating space .
2 . 23 " Habitable Room" means any room in a dwelling or dwelling
I unit used or intended to be used for living , sleeping ,
cooking or eating purposes .
I
2 . 24 " Herein " means in this by - law and shall not be limited to
anyparticular section of this by- law . 1
Y
4 '
2 . 25 " Industrial Property " means a property used for the 1
1 manufacturing and/or processing of goods or used for the
r storage of goods or raw materials and any property that
is used in conjuction with these uses . #
2 . 26 " Lot " means ap arcel of land which had continuous frontage .
on a street , the boundaries of which are defined in the j
last registered instrument by which legal or equitable
I title to the said parcel was lawfully and effectively
conveyed .
2 . 27 " Lot Line Front" means the lot line that divides a lot
from the street , provided that in the case of a corner lot ,
!! the shorter lot line that abuts a street shall be d seal
to be the front lot line , and the longer lot line that so
abuts shall be deeded to be the side lot line of the lot .
2 . 28 " Lot Line Rear " means the lot line opposite the front lot
line .
I/ 1, I
'1 2 . 29 " Lot Line Side " means any lot lines other than the front
; lot line and the rear lot line .
ii.
2 . 30 " Medical Officer of Health " means the Medical Officer o-f
1 Health of the County of Oxford . .
-; 2i. 3_1_ " Multiple Dwelling " means a building containing three ( 3 )
#i or more dwelling units .
f
q 2 . 32 " Motor Vehicle " means any form of transportation for
1
!' humans , designed to be propelled or driven otherwise than •
by muscular power , but does not include the cars of
electric or steam railways or other motor vehicles running
upon rails .
1, i
i'll 2 . 33 . " Non-Habitable Living Space " means any floor space in
i ...1..MONNOM.O...t a
a dwelling or dwelling unit other than a habitable living
c
space , and includes bathroom , toilet room , laundry ,
#} _ pantry , lobbycommunicating corridor , stairway , closet , i.
•
• f
boiler room or other space for service and maintenance o►
-- . - - ` - ---
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• !# . the dwelling or dwelling unit for common use and for
I' access to , and vertical travel between storeys .
I
2,_ 34 " Occupant" means any person or persons over the age of
• . • eighteen years . in possession of the property .
2 . 35 " Owner" includes the person for the time being managing
or receiving the rent of the land or premises in connection
with which the word is used whether on his own account or
as agent or trustee of any other person or who would so
receive the rent if such land and premises were let,
E and shall also include a leasee or occupant of the
I: property rty who , under the tears of a lease , is required t l
repair and ' maintain the property in accordance with the
standards for the maintenance and occupance of property ,
and includes the assessed owner and , for the purposes of
this by - law , all person shown by the records in the
1 • Registry Office , or the Land Title Office , to have an
1 interest in said property .
1 2 . 36 " Person" includes an individual , an association , a
chartered organization , a firm , a partnership or a
• I
corportation .
2 . 37 " Property Standards Officer" means any Property Standards
Officer or Assistant Property Standards Officer who may
from time to time be appointed by the Council of the
Corporation of the Vj. 1 age of Vienna • , to administer
and enforce this by - law .
2 . 38 Property" means a building or structure or part of a
building or structure , and includes the lands and premises
appurtenant thereto and all mobile homes , mobile buildings , i;
mobile structures , outbuildings , fences and erections there -
on whether heretofore or hereafter erected and includes
vacant property . c
I
2 . 39 " Public Building" means any building to which the public
has a right of access and , without limiting the generality
of the foregoing includes
g � g . •
( a) a boarding house having equipment to provide meals
for ten or more boarders ;
( b) a building occupied by a municipal , public utility
or educational body ;
( c ) food premises within the meaning of Regulation 706
of Revised Regulations of Ontario , 1970 ;
( d) an industrial establishment as defined in The
Industrial Safety Act ;
tea a hotel as defined in The Hotel Fire Safety Act ;
( f ) a lodging house having accommodation for ten or more
lodgers ;
( g ) a public hall as defined in The Public Halls Act ;
( h ) a tourist establishment as defined in The Department
of Tourism and Information Act ; and
( i ) premises , whether enclosed or not , where ,
( i ) any ' cinematograph or moving-picture machine or
similar apparatus is operated , :
( ii ) any theatrical performance , carnival , circus ,
i side show , menagerie , concert , rodeo , exhibition ,
horse race , athletic contest or other exhibition
is staged or held , or •
i ( iii ) facilities for dancing or ice skating or roller
skating are provided ,
and to which admission is granted upon payment for
1 admission . ,
" Repair " includes the provision of such facilities and
the makingof such additions or alterations as maybe .
required so that the property shall conform to the
i standards prescribed in this by - law , and " repairs and
. ' " repaired " have a corresponding n meaning . .
F g �
2.41 Residential Property" means any property that is used
or designed for use as a domestic establishment in which
one or more persons usually sleep and prepare and serve
meals , and includes any land or buildings that are
- gy f
f . .
• -Ad
1 !a
.' • •
-,.;,• appurtenant to such establishment . ,
Z ;,
2 . 42 " Sewerage System"
t ( a ) " Sanitary Sewer" means a sewer , the purpose bf which
4 . .- - •,.- 1- ••- •• is to carry sewage and to which storm and surface
i water are not intentionally admitted .
•
.
(b) " Storm Sewer" means a sewer , the purpose of which ,
as certified by the Town Engineer , is to carry
; storm and surface water and drainage , but not
swage *`
i
� c � " Sewage" means any one or any combination of sanitary
, sewage or industrial wastes or both .
( d ) " Private Disposal System" means a system designed
for the collection and disposal of sanitary sewage
• on private property and approved by the Medical
- Officer of Health .
t 1
j ( e ) " Plumbing System" means , severally and individually ,
t the water distribution system , all fixtures and
I fixture traps , drainage system , the building sewer
and private sewage disposal system , all leaders ,
together with all their devices , appurtenances and
connections .
2 . 43 " Standards " means the standards set out in Parts 3 , 4 and
5 of this by- law .
I 2 . 44 " Street " means a public highway which affords a principal
means of access to abutting lots .
2 . 45 " Toilet Room " means a room containing a water closet and
ii
wash basin .
• 2 . 46 " Walk " shall mean a route of access surfaced with gravel ,
11 stone , wood, asphalt , cement or other similar material ,
approved by the Property. Standards Officer .
2 . 47 " Wall , Main (Main Wall ) " means an outside wall of a
11 building which supports a roof and shall include a wall
under a gable end .
2 . 48 " Yard , Front ( Front Yard) " means that portion of the lot
1 extending across the full width of the lot between the
front lot line and the nearest main front wall of any
y
building or structure on the lot .
i 11
2__ 4 9 " Yard , Rear ( Rear Yard ) " means that portion of a lot
extending across the full width of the lot between the
� rear lot line and the nearest main rear wall of any )
t building or structure of the lot .
it I
ii
s 2 . 50__ " Yard , Side ( Side Yard ) " means that portion of a lot
I'
extending from the front yard to the rear yard between the
side lot line and the nearest main side wall of any
;. #
!: 11 building or structure on the lot .
I. t
2 . 51 " Yard " is the land appurtenant to any property . I
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S. 1 i
- ' PART 3 - GENERAL OCCUPANCY AND MAINTENANCE STANDARDS
,
I I.
•• ; 3 . 1 . 1 All properties shall be maintained so as not to create a !
,: a health or accident hazard . t
• I! 1
3 . 1 . 2 All properties shall be maintained free from conditions
f _ that may create a health hazard , and all properties shall
_' be kept free of rubbish or other debris .
i !;
f ':'. 3 . 1 . 3 Allro erties shall be kept free from noxious plants ,
I.
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including ragweed , poison ivy , poison oak and poison •
sumac . •
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I I I I I I I I 1 I I I I II II I I I I I 1.I II.I.I I a I I all II II III I.I.I-1 I- - .--111.M-1111.Mil I.I I.I I IMMNIMINIMMENEMImamimm----_____.s
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4" . i PART 4 - MAINTENANCE OF YARDS AND ACCESSORY BUILDINGS t
:A7Y° li .
4 . 1 Yard
li
I 4 . 1 . 1 A yard shall be kept clean and free from rubbish or other
debris and from objects or conditions that may create
10
a health , fire or accident hazard .
4 . 1 .. 2 Heavy undergrowth and noxious plants , including ragweed ,
'! dIMINalor
poison ivy , poison oak , and poison sumac shall be
11 eliminated from the yard , at the discretion of t• h '
•
Week Inspector .
ill '
4 . 1 . 3 t: o person shall permit grass or wee*s to grow to a height ri
in excess of twelve inches on any property .
i
4 . 14 No yard shall be used for the parking or storage of :
( a ) a motor vehicle which is not currently licensed '
for operation pursuant to the provisions of the
Highway Traffic Act or Amendments thereto for the
E Province of Ontario , or
( b ) a motor vehicle has had part of all of its super-
structure or source of motive power removed .
Notwiths tandin the above , this section shall not apply
4 P
to those properties commonly known as automobile wrecking
yards and which hold a current licence to operate such
business under the provisions of the applicable regulations
of the Town of Tillsonburg .
I
{ ' 4 . 2 Sewage & Dra in a e
. g
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4 . 2 . 1 Sewage shall be discharged only into a sewage system .
4 . 2 . 2 Sewage or septic tank effluent shall not be discharged on
I the surface of the ground whether into a natural or
artificial surface drainage system or otherwise .
4 . 2 . 3 No storm water or water from a roof shall be discharged
on a sidewalk , stairs , neighbouring property , or a
public highway .
4 . 2 . 4 Storm water shall be drained from a yard or walk provided
thereon so as to eliminate recurrent, ponding and/or
prevent the entrance of water into a basement or cellar .
i
4 . 3 Walks
4 . 3 . 1 Thereshall be a walk leading from the entrances of every
dwelling to the street . Such walks may lead to a }
.
• driveway or hard surfaced area provided such area leads
to a street .
•
411 4 . 4 Safe Passage
:
4 . 4 . 1 Steps , walk's , driveways , parking spaces and similar •
li
' areas of a yard shall be maintained so as to afford safe i
passage under normal use and weather conditions .
i
4 Accessory Building
4 . 5 . 1 An accessory building shall be kept free from health ,
ti. fire or accident hazards .
4 . 6 Garbage Disposal
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II: 4 . 6 . 1 Every property shall be equipped with sufficient
P = ':
receptacles to contain all garbs a rubbish and ashes .
P
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4 . 6 . 2 Receptacles for garbage shall g ,be :
( i ) made of water- tight construction
( ii ) provided with a tight fitting cover , and
t ( iii ) maintained in a cleaned state .
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4 . 6 . 3 Garbage , rubbish and ashes shall be properly stored in
.t receptacles in a location acceptable to the Medical
=
Officer of Health and made available for removal .
t 4 . 6 . 4 Approved plastic bags , when adequatelyuately secured so as to
prevent spillage, shall be considered
to be acceptable
receptacles as presecribed by Subsection 4 . 6 . 2 .
4 . 6 . 5 Paper bgs of any type shall not be considered as acceptable
receptacles : Such bags , when used to contain garbage ,
,
shall be placed in receptacles as prescribed by Sectionit
4 . 6 ;
. .
411 ! PART 5 - MAINTENANCE OF PROPERTY
5 . 1 Pest Prevention
5 . 1 . 1 All property shall be kept free of rodents , vermin and
insects at all times and methods used for exterminating
rodents , insects or vermin shall be in accordance with
the . prSol eosaptoitpaEasi nmenta 1 Protection Act ,
ended from time to time ,
pursuant
thereof .
5 . 1 . 2 A basement , ce 11 ar window or ventilator used or required
for ventilation and any other opening in a basement or
cellar that may permit the entry of rodents , shall be
screenedwith wire mesh , metal grille le orother durable
material as will effectively exclude rodents .
' 5 . 1 . 3 Where animals and pets are kept , the provisions of the
appl i ca lbe by - laws of the Corporation shall apply .
5 . 2 Basement Floors
5 . 2 . 1 A basement , cellar or crawl space which is not served by
a stairway leading from a dwelling or from outside a
dwelling may have a dirt floor provided it is covered
with a moisture-proof covering .
5 . 2 . 2 A basement or cellar in all buildings erected or altered
after the passing of this by - law which is served by a
stairway leading from a dwelling or from outside a
dwelling shall have a concrete floor .
5 . 3 Foundations
5 . 3 . 1 The foundation walls and the floor of any basement ,
cellar or crawl space shall be maintained in good
repair and structurally sound .
5 . 4 Structurally Sound
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5 . 4 . 1 Every of property shall be maintained in a
P P Y
structurally sound condition so as to be capable of
sustaining safely its own weight and any load for
which ft may be designed . Materials which show evidence
of damage , dry rot or other deterioration shall be
repaired or replaced .
1,1 5 . 5 Exterior Walls and Roofs
5 . 5 . 1 The exterior walls and their components shall be
, maintained so as torevent their deterioration due to
P
weather , insects or rodents and shall be so maintained
by the painting , restoring or repairing of the , walls ,
coping or flashing , bythe waterproofing or joints and of
P 9 g P
the walls themselves .
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5 . 5 . 2 Exterior walls , roofs and other parts of a building
shall be free from lose and unsecured objects and material '
which may create an unsafe condition . Such objects or
materials shall be removed , repaired or replaced .
5 . 5 . 3 All exterior exposed surfaces not inherently resistant
to deterioration shall be treated with a protective
coating of paint or otherwise repaired , coated , sealed
or treated to prevent deterioration .
5 . 6 Roof
1 5 . 6 . 1 A roof , including the facia board , soffit and cornice ,
shall be maintained in a watertight condition so as to
prevent leakage or water into the building .
5 . 7 Dampness
5 . 7 . 1 The interior floors , ceilings and walls shall be kept
free from dampness .
5 . 8 Weather Proofing
5 . 8 . 1 Windows , exterior doors , and basement or cellar hatchways
shall be maintained in good repair so as to prevent the
entrance of wind and rain into a building . Rotted or
damaged doors , door frames , window drames , sashes and
casings shall be renewed and defective door and window
hardware , weather- stripping and broken window glass
shall be appropriately replaced , reinstated or repaired .
5 . 9 Stairs
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5 . 9 . 1 An inside or outside stair and any porch appurenant to
such stair shall be maintained so as to be free of holes ,
cracks and other defects which may create an unsafe .
condition . All treads or risers that show excessive
wear or are broken , warped or loose and a l l supporting
structural members that are rotted or deteriorated shall
be repaired or replaced .
5 . 10 E4tress
5 . 10 . 1 Where there is one or more than one dwelling unit in a
residential property , each dwelling unit shall have
( a ) one exit that serves only the one dwelling unit ,' cot-
( b )
r( bb ) at least two separate and independent exits
( i ) both of which are common to two or more
}
dwelling units , or
( ii ) one of which is common to two or more dwelling
units and the other of which is an approved �►
• exterior stair .
5 . 10 . 2 An exit as required in Section 5 . 10 . 1 shall not pass
through ( a) an attached garage , or
( b) a room or dwelling unit not under the
immediate control of the occupants .
p s .
5 . 10 . 3 All Commerical and Industrial buildings shall be provided !
with exits of size and number so as to be in compliance
with the requirements of the Building Code Act , 1974 ,
as amended from time to time for the appropriate group
and division .
5 . 11 Handrail
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�' 5 . 11 . 1 A handrail or a balustrade shall be installed and
maintained in good repair in a stairwell and on the o • n
side of a stairway with three or more risers and on the
open side of a balcony porch or landing so as to provide
protection against accident or injury .
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5 . 12 Walls and Ceilings
5 . 12 . 1 Every wall and ceiling shall be maintained so as ' to be
free of holes ,- open cracks , loose cladding or other
coverings or other defects which would permit flame or
excessive heat to enter the concealed space .
5 . 13 Floors
5 . 13 . 1 Every floor shall be smooth and level and maintainedti
so as to be free of all loose , warped , protruding , brox. 4i
or rotted boards that may create an unsafe conditions .
Such defective floor boards and coverings shall be
repaired or replaced .
5 . 13 . 2 Where floors have been covered with linoleum or other
covering that has become worn or torn so that it retains
- dirt or may create an unsafe condition , the linoleum
- or other covering shall be repaired or replaced .
5 . 13 . 3 Every bathroom , toilet room and shower room shall have a
floor covering of water resistant material and shall have
a water resistant base moulding , except at the door
opeining , at least two inches in height .
•
5 . 14 Cleanliness
5 . 14 . 1 Every floor , wall , ceiling and fixture in all properties
shall be maintained in a clean and sanitary condition
and all properties shall be kept free from rubbish or
other debris .
. 5 . 15 Water
5 . 15 . 1 Every dwelling , dwelling unit , commercial or industrial
•: building shall be provided with an adequate supply of
1portable running water from a source approved by the
Medical Officer of Health . Every sink , wash basin , t.
g . bathtub or shower required by this by- law shall have an
• adequate supply of hot and cold running water . Adequate
running water shall be supplied to every water closet .
•
q 5 . 16 Sewerage System
0 5 . 16 . 1 The plumbing system in every building shall be maintained
in good working order and free from leaks and defects .
All water pipes and appurtenances thereto shall be
protected from freezing . All plumbing fixtures shall be
connected to the sewerage system through water seal traps
11 '
5 . 18 Toilet , Kitchen and Bathroom Facilities
5 . 18 . 1 Every dwelling unit shall contain plumbing fixtures
•# consisting of at least : ( i ) a water closet ; ( ii ) a
kitchen sink ; (iii ) a wash basin ; ( iv) a bathtub and/or
shower .
41
+► 5 . 18 . 2 Every Commerical and Industrial building shall contain
pluiinq fixtures in accordance with the appropriate
provincial legislation .
5 . 19 ' Bathroom and Toilet Room !
VV 5 . 19 . 1 All bathrooms and toilet rooms shall be located within
and accessible from within the building , and within the
dwelling unit which it serves .
L 5 . 19 . 2 All bathrooms and toilet rooms shall be fully enclosed
with permanent walls so as to provide privacy .
5 . 19 . 3 The wash basin shall be located in the same room - as the
water closet .
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5 . 20 Kitchen Areas
5 . 20 . 1 Every kitchen sink shall be provided with an adequate
impervious surfaced splash back and drain board .
5 . 20 . 2 Every kitchen shall be equipped with adequate facilities
, , for connection to approved cooking appliance .
5 . 20 . 3 All combustible materials adjacent to any cooking surf ec. ''
shall be fire re to rden t or covered with fire - resistive
material , except where the cooking appliance is,. installed Ili #
in accordance with codes and standards applying to its
manufacture and installation . In all cases. where cooking 8
eill
equipment is within I " of combustible materials such $
materials shall be covered with a minimum of 1 " asbestos
board or other equally fire - resistive material . There
shall always be at least thirty ( 30 ) inches clear space
above any exposed cooking surface of such equipment
li unless the underside of such combustible construction is
protected with with a minimum of 1 " asbestos mi 1 lboard ,
vm thanU . S gauge
covered sheet metal of not less 28 g
or other equally fire- resistive material in which case ,
the distance may be not less than twenty- four ( 24 ) inches .
5 . 21 Heating System
11 5 . 21 . 1 Every dwelling and/or dwelling unit shall be provided
with a heating system capable of maintaining a room
temperature of 70 degrees Fahrenheit at five feet
above floor level and three feet from exterior walls in
all
rooms , ba th rooms and toilet rooms .
I 5 . 21 . 2 The heating system required by Subsection 5 . 21 . 1 shall
I be maintained in good working condition so as to be i
capable of heating the dwelling and/or dwelling unit
safely to the require standard .
5 . 21 . 3 No heating appliance shall be installed or placed so as 1
to cause a fire hazard to walls , curtains and furniture , I
nor to impede the free movement of parsons within the
room where the heating appliance is located': . Under no
circumstances shall a heating appliance which is not an
integral part of a central heating system be located I
in corridors , hallways or other means of egress so as to !
impede the free movement of persons . i
i
5 . 21 . 4 Rigid connections shall be used to exhaust heating or
I cooking equipment where it is necessary to exhaust to
a chimney or flue .
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f 1 5 . 21 . 5 Rigid connections shall be installed between any equipment
I burning gaseous fuel and the supply line , except that an
411 approved flexible connection , not more than 24 inches long ,
may be installed to permit cleaning behind an appliance A
used for cooking .
5 . 21 . 6 { i } In multiple dwellings provided with a central heating '
system , the heating unit shall be located in a
11. .
separate room having walls , ceiling and doors , all
of which shkll have a fire - resistance rating of not t
less than one hour . +
( ii ) In all Commercial or Industrial buildings provided 1
with a central heating system , the heating unit i
shall be located in a separate room , having galls , ,
ceilings and doors , all of which shall have a fire- ;
!►l resistance rating of not less than that required for t
the appropriate Group and Division in the Building
Code Act , 1974 as may be amended from time to time .
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• 5 . 21 . 7 Any room which contains a heating unit for a central
heating system shall be provided with a natural qr
mechanical means of supplying combustion air for such
heating unit . The amount of combustion air will be
k determined in accordance with good practice and the
-; manufacturers specifications .
•
4
j: 5 . 21 . 8 Any heating system or p -trt thereof or any auxiliary heating
• system that is designed to burn solid or liquid fuel
!' shall be provided with a properly constructed receptacle
c for fuel storage or a place for storage located so as to
4 be free from fire or accident hazard .
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5 . 21 . 9 Any fuel burning equipment shall be properly vented to
! a duct leading to an adequate chimney or a vent flue
approved by the Building Inspector .
1. 5 . 21 : 10 Every chimney , smoke pipe and flue shall be maintained
so as to prevent gases from leaking into a building .
5 . 21 . 11 All Flues shall be kept clear of obstructions , all open
joints shall be sealed an all broken and loose masonry
shall be repaired .
5 . 21 . 12 Chimneys , flues and gas vents shall be instal led
and maintained so that under conditions of use , the
I; temperature of any combustible material adjacent thereto ,
I' insulated therefrom , or in contact therewith , does not
exceed a temperature of 160 degrees Fahrenheit .
5 . 21 . 13 Fireplaces and similar construction used or intended
to be used for burning fuels in open fires shall be
connected to approved chimneys and shall be installed
so that nearbyor adjacent combustible ma terial and/or
. structural members shall not be heated so as to exceed
a temperature of 160 degrees Fahrenheit .
1-
:75 . 12 . 14 All oil - Fired heating systems , including space heaters ,
shall conform to the Gas Utilization Code , Ontario
Regulation 166 - 66 , as amended from time to time .
g 5 . 22 Electrical Service for Dwellings and Dwelling Units
c 5 . 22 . 1 Every dwelling or dwelling unit shall be wired for
t
electricity and lighting equipment shall be installed
throughout .
''t 5 . 22 . 2 Every habitablit room shall contain at least one
electrical duplex convenience outlet where the floor
area does not exceed 120 square feet . For each additional
100 square feet the floor area or part thereof , one s
additional outlet shall be provided .
/ 1
f 5 . 22 . 3 Fuses or overload devices shall not exceed limits set
by The Hydro Electric Power Com is si on of Ontario .
5 . 22 . 4 An electrical light fixture shall be installed in every
ii bathroom , toilet room , laundry room , furnace room and
kitchen .
I
5 . 22 . 5 Extension cords which are not part of a fixture shall
not be permitted on a permanent basis .
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5 . 22 . 6 The electrical wiring and all electrical fixtures
located or used in a building shall be installed and
maintained in good working èrdcr and in conformity with
the- regulations of the Hydro Electric Power Commission ;
of Ontario .
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w f 5 . 23 Li • ht for Dwellin • s and Dweilin . Units
ii 5 . 23 . 1 Every habitable room except for a kitchen shall have a
• • 4 . window or windows , . sky- lights or translucent panels that
g face directly to the outside at least six . inches above f
f �.
;i the adjoining finished grade with an unobstructed .ight
ii transmitting area of not less than ten percent of the
1
;; floor area of such rooms . The glass area of a sash
-0
door may be considered as a portion of the required 3
Vwindow area .
li. 5 . 23 . 2 Whenever walls or other portions of structures are located
a on the outside less than three feet from a window , such
l; window shall not be deemed to face directly to the outside
;, andshall not be included as contributing to the required
minimum window area of the room.
111
5 . 23 . 3 All common halls and stairs shall be adequately lighted
at all times by the owner .
i
I 5 . 24 Ventilation For Dwellings and Dwelling Units
5 . 2 4 . 1 Except as herein provided every habitable room shall have
an opening or openings for natural ventilation from out-
side . Such opening or openings shall have a minima
aggregate unobstructed area of three square feet , d
anq
shall be located in the exterior walls or through
openable parts of skylights .
!i1
5 . 24 . 2 Except as herein provided every bathroom or room containing
a water closet shall be provided with an opening or
openings for natural ventilation lOeated in an exterior'
wall or through openable parts of ' skylights and all
1 such openings shall have a minimum aggregate unobstructed
area of one square foot .
I
! 5 . 24 . 3 Where a system of mechanical ventilation has been provided ,
an opening of natural ventil �a tion from a bathroom or
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toilet room may be omitted .
1 5 . 24 , 4 All systems of mechanical ventilation shall be
iI
maintained in working order .
5 . 24 . 5 The natural ventilation requirements prescribed in Section
I 5 . 24 . 1 and 5 . 24 . 2 may be omitted from any room where
adequate mechanical ventilation equipment which is
capable of changing the air four times each hours is
provided .
j 5 . 25 . Basement or an Unheated Crawl Space
i
5 . 25 . 1 Every basement , collar and unheated crawl space shall
i; be adequately vented to the outside air by means of
1
U windows which can be opened or by louvers with screened
I"
openings , the area of which shall not be less than one
ii percent of the floor area . Windows in basements , cellarss
4
and unheated crawl spaces shall be screened in conformance
with the requirements of Subsection 5 . 1 . 2 of this by- law .1I
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I' 5 . 26 Occupancy Standards f
1:
5 . 26 . 1 The maximum number of persons residing in a dwelling
f
or dwelling unit shall not exceed one person per
t.
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100 square feet of total floor area of habitable room
1 a or rooms .
I I.
.f i 5 . 26 . 2 For the purpose of computing the maximum number of
persons referred to in Subsection 5 . 26 . 1 , any child
under one year of age shall not be counted , and any
E child of more than one year of age but under twelve
years of age shall be deemed one -half person , persons
1 i twelve years of age or over shall be counted as one .
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5 . 26 . 3 The floor area under a ceiling which is less than seven
feet in height shall not be included for the purpose of
computing the habitable room floor area referred to in
Subsection 5 . 26 . 1 . 1
1:
5 . 26 . 4 No room in any dwelling or dwelling unit shall be used for N
_• sleeping purposes unless the room has a minimum" width
of six feet and a minimum floor area of 60 square feet .
1- At least one -half of the required minimum floor area shall
have a ceiling height of seven feet and any floor area
over which the ceiling height is less than five feet i
shall not be included for the purpose of this subsection .
l
Al/ 5 . 26 . 5 Notwithstanding any other requirement contained in this
by - law , all walls and ceilings in habitable rooms in
L dwelling and/or dwelling units shall be clad with a
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1• material giving a minimum fire endurance rating of
ii . . forty ( 40 ) minutes . All walls and ceilings in other
buildings shall be clad with a material giving a fire i
..
endurance rating as required for the appropriate Group •
and Division as contained in the Building Code Act ,
1974 as may be amended from time to time .• li
1,'
: 5 . 26 . 6 No basement or cellar space shall be used as a habitable
0 room unless in addition to the requirements of Subsection
i . h
rt# 5 . 26 . 3 and 5 . 25 . 4 , it also meets the following
requirements :
l_ ( i ) Floor and walls are so constructed as to be
.1 . impervious to underground and surface run-off
_# water and are damp-proofed . !
5 ( ii ) The habitable room meets all requirements for
= light, ventilation and ceiling height set out i
in thi l by - law .
i! ( iii ) Each habitable room shall be separated from
! ;l heating equipment , or other equally hazardous
' i equipment apartition havinga fire resistance
� ., by
. rating of at least one hour . All other walls and
` 'f ceilings in habitable rooms shall be clad with a !
• material giving a minimum fire endurance rating 1
of forty ( 4 0 ) minutes .
. ( iv ) Access to each habitable room shall be gained I
i .
without passage through a furance or boiler room .
ii
PART 6 - RESPONSIBILITY OF OCCUPANT
r
I: 6 '. 1 The occupants of a property shall insofar as that part of i
It
, the property which he occupies and controls , comply with '
I all standards prescribed in this by- law and shall :
ii
14 ( i ) limit occupancy of that part of the premises which
ii he occupies or controls to the maximum permitted
by this by- law ;
!, ( ii ) maintain all plumbing , cooking and refrigeration
oil ,
fixtures and appliances as well as other building
=i
equipment and storage facilities in that part of
the premises which he occupies or controls in a
,;
clean and sanitary condition , and shall exercise
f• reasonable care in the operation and use thereof ;
t ( iii ) maintain that part of the premises which he •
j occupies or controls in a clean , sanitary and safe
condition ;
. ( iv) keep exits from his dwelling unit clean and •
unencumbered ;
• ( v ) dispose of garbage and refuse into provided
, facilities in a clean and sanitary manner , in
•• accordance with the provisions of the applicable
by - laws of the Corporation . t
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r ( vi ) exterminate insects , rodents or other pests within
1. his dwelling ;
( vii ) maintain yards in a clean , sanitary and safe
. 11 . , condition -and free from infestation insofar as
said occupant occupies or controls said yards '
and any parts thereof .
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`PART 7 - RESPONSTBILITIES OF THE OWNER
►I
p7 . 1 The owners of property shall :
(i ) comply with all standards prescribed in this by- law .
li
( ii ) not permit any person to use or occupy any property
110
owned by him unless such property conforms to the '
i
standards prescribed in this by - law .
( iii ) repair or effect the demolition with the time and
in the manner specified in an order of The i
i Property Standards Officer which is final and binding
I as provided in The Planning Amendment Act , 1972 , as
I amended from time to time . i
I
+;PART 8 - DUTIES OF PROPERTY STANDARDS OFFICERS
.
i .
8 . 1 Property Standards Officers shall : •
( i ) Enforce the provisions of this by- law .
( ii ) Perform all duties and shall have such powers and
responsibilities as are contained and outlined
in The Planning Admentments Act, 19721 as amended
from time to time .
L . 2 Placarding - Where a Property Standards Officer has placed
I a placard in accordance with the provisions
of The Planning Amendment Act , 1972 , no person ,
excepting a Property Standards Officer shall
I remove any such placard from the said property .
I
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ART 9 - NOTICE AND ORDERS OF PROPERTY STANDARDS OFFICERS
19 . 1 Property Standards Officers may serve or cause to be
served notices of violation of this by- law in accordance
with the provisions of The , Planning Amendment Act , 1972 ,
as amended from time to time and all persons served with
such notice shall have ten days to appear before the
Property Standards Officer and make representation as
provided in the said Act .
19 . 2 Property Standards Officers may , eleven days after
service of the notice as provided in Section 9 . 1 herein
make an order or orders as provided in The Planning
Amendment Act , 1972 , as amended from time to time .
19 . 3 The order of the Property Standards Officer shall provide
that the owner and/or occupant shall make the repairs
IIII or effect the demolition in the manner specified f ied
i p in the
I order within thirty days of service of the said order on
the owner and/or occupant .
9 . 4 The order , as issued by a Property Standards Officer ,
shall be deemed to have been confirmed within the time and
in the matter outlined in The Planning Amendment Act , 1972,
r as amended from time to time and shall be final and s
I binding upon the owner and occupant who shall make the t
repair or effect the demolition within the time and in
the manner specified within the order .
R
'OP" 9 . 5
Any owner who fails to repair or to effect the demolition
i within the time and in the manner specified in the order ,
OF i shall be liable , on summary convictions , to be fine of
not less then $ 15 . 00 and not more than $ 500 . 00 for each t
day that he is in contravention of an order that is final
Ok
and binding . , '
LPART 10' - DATE OF SERVICE OR MAILING NOTICE OR ORDER
111 1110 . 11 When a notice or order ' has been served by a Property
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^ A. .. .. a .. A _ ace ; �.ti,., Aa .-r, of cartri ra► c1, A 1 1 VIP deemed
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• ' to be the date upon which :
( i ) The Notice or Order is delivered for registe,,xed
mailing at a Post Office in the 1iage - of Vienne -� -
( i i ) The Notice or Order . is personally served by a
C Property Standards Officer upon any person , or
( iii ) The date of placarding of a property as provided
in The Planning Admendment Act , 1972 , as amended
r:
from time to time .
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PART 11 - CORPORATION EMPOWERED TO REPAIR
1:
q1 . 1 Upon the default of the owner or occupant to repair or
1' effect the ' demoli tion within the time and in the manner
i' specified in an order which is final and binding , the
11 Corporation of the Village of Vietirtie may , upon giving
ten ( 10 ) days notice of its intention to the owner and/or
occupant , enter upon the lands and premises affected by
the order and do the work directed to be done in the
said order at the expense of the said owner and/or 4
IIoccupant .
E
11 . 2 All expenses incurred by the Corporation of the Tillage
of Vienna in doing said works , including but without
limiting the generality of the foregoing , materials
1 labour , equipment , administration and legal expenses ,
shall be paid by the owner and /or occupant of the
tj lands and premises and shall be charged against the
property and recoverable in a likemanner as Municipal
l
Taxes , or by action in any competent court .
11 . 3 The expenses , as aforesaid , shall bear interest from
the date incurred at the rate of 1% per month until paid .
PART 12 - ADMINISTRATION AND ENFORCEMENT
i12 . 1 No person shall use or occupy , or being the owner thereof
or his agent , shall allow to be used or occupied , any
1 building on any property unless such property conforms to
I the standards prescribed herein , nor shall the owner or his
agent permit the accumulation of debris or xubbish on
yards , as herein defined , in contravention of the
I standards prescribed in this by- law .
1
12 . 2 No person shall use or permit anyone to use any property
that does not conform to the standards of this by- law .
12 . 3 No person shall , being the owner of any property fail
to maintain such property to conform to the standards
of this by - law .I!1i ,
! 12 . 4 The administration and enforcement of this by - law is the
!". responsibility of The Property Standards Officer who
i shall be the Building Inspector of The Corporation of
the " Vi it age of Vienna together with such assistants
11 as Council may provide .
i
12 . 5A Property Standards Committee to be known as the Property '
Standards Committee for the - Village of Vienna is hereby
j established and shall consist of three ratepayers of the
Town to be appointed at the pleasure of Council .
H12 . 6 The officers of the Property Standards Committee
!i shall be a Chairman and Vice-Chairman who shall be
designated annually as such by Council . The Council shall I
also designate a secretaryfor the use of the Committee .
[ 1.—a2 ..7._7_ Subject to the provisions of Part 9 , Section 9 . 5 , any
person who contravenes any provision of this by - law
t! is guilty of an offense any may be liable , upon summary
L conviction , to a fine not to exceed $ 300 . 00 exclusive
q of costs .
h
'•; 12 . 8 Where a provision of this by - law conflicts with the
: provision of any other by - law in force in the Town , the
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provisions that establish the higher standards of
protection' folr the health , safety and welfare of the
general . public shall prevail .
!: PART 13 - AUTHORITY OF PLANNING ACT I
I �
This By-Law shall be read as subject to The Planning
R . S . O .
1970 , Chapter 349 , as amender from
Act , beingP
time to time and wherever the provisions of this by-;w
11 conflict or are otherwise inconsistent with the provisions
of The Planning Act , the provisions of The Planning Act
shall apply and shall be deemed to be incor 'orated in this
PP y P
by - law .
By -Law Number azx 764 of The Corporation of the
Village of vAilti na _ be and the same is hereby repealed .
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_ A d . _ MAYOR
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CLERK ,t
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CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW 830
Moved by : Councillor R . Thurston
Seconded by : Councillor D . Brackenbury
Being a by-law `to appoint a Standards Committee of
Hugh Ferris for a term of three years , Marilyn Fletcher
for a term of two years add Wayne Parker for a term of one
year as outlined in By-Law 829 .
Read a first , second and third time and passed this 10th
day of September 1987 .
45.4/1Www
987 .
u
REEVE
erk
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CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW 830
Moved by : Councillor R . Thurston
Seconded by : Councillor D . Brackenbury
Being a by-law to appoint a Standards Committee of
Hugh Ferris for a term of three years , Marilyn Fletcher
for a term of two years add Wayne Parker for a term of one 0
year as outlined in By-Law 829 .
Read a first , second and third time and passed this 10th
day of September 1987 .
REEvianov08741 impw
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CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW 830
Moved by : Councillor R . Thur s ton
Seconded by : Councillor D . Brackenbury
Being a briblami to appoint a Standards Committee of
Hugh Parris for a this of three year_ s , Marilyn Fletcher
for a tars of two years add Wayne Parker for a term of one
year as outlined in By-Law 829 .
Read a first , second and third time and passed this 10th
day of september 1987 .
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REEVE
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 831
Being a By- law to appoint Municipal Officers
for the Year 1988 .
THEREFORE BE IT ENfCTED by the Municipal Council of the
Municipality of the Vzl1are of Vienna :
I
1 . THAT the Municipal Officers for the year 1988 be as
follows :
Clerk-Treasurer J . L . Hartmann
Tax Collector J . L . Hartmann
Hail Manager Frank Ma tec j ek
Weed Control Edward Beattie
Roads Superintendent Edward Beattie
Canine Control J . Whitney
Sidewalks Arthur Goethals
Auditors Barker , Stanley & Partners
Fence Viewers Ralph Phillips , Jack McCurdy
and Russell Ryan
Licence Issuer J . L . Har tmann
Building Inspector William Underhill
By-Law Enforcement Officer. William Underhill
Water Commissioner William Underhill
Finance Chairman Edward Beattie
Read a FIRST , SECOND AND THIRD TIME AND FINALLY PASSED
this 10th day of December 1987 .
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REEVE
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Clerk-Treasurer
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 831
Being a By- law to appoint Municipal Officers
for the Year 1988 .
THEREFORE BE IT EI iCTED by the Municipal Council of the
Municipality of the Village of Vienna :
1 . THAT the Municipal Officers for the year 1988 be as
follows :
Clerk-Treasurer J . L . Hartmann
Tax Collector J . L . Hartman n
Ha l l Manager Frank Ma tec j ek
Weed Control Edward Beattie
Roads Superintcrident Edward Beattie
Canine Control J . Whitney
Sidewalks Arthur Goethals
Auditors Barker , Stanley & Partners
Fence Viewers Ralph Phillips , Jack McCurdy
and Russell Rpan
Licence Issuer Jam . Hartmann
Building Inspector William Underhill
By-Law Enforcement Officer William Underhill
Water Commissioner William Underhill
Finance Chairman Edward Beattie
Read a FIRST , SECOND AND THIRD TIME AND FINALLY PASSED
this 10th day of December 1987 .
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REEVE
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Clerk-Treasurer
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 832
Being a By-Law to confirm all actions of
the Council df the Village of Vienna for
year commencing December 1 , 1986 to
November 30 , 1987 .
Be IT Enacted by the Municipal Council of the Corporation of
the Village of Vienna that a 1 1. actions by the said Council
by by-Laws and resolutions for the year commencing
December 1 , 1986 to November 30 , 1987 be and the same
are hereby approved and confirmed .
READ a FIRST , SECOND AND THIRD TIME AND FINALLY PASSED this
10th day of December , ' 987 .
A;Ket
Reeve
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erk
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THE CORPORATION OF THE VILLAGE OF VIENNA
BY-LAW NO . 832
Being a By-Law to confirm all actions of
the Council if the Village of Vienna for
year commencing December 1 , 1986 to
November 30 , 1987 .
a Be IT Enact by the Municipal Council of the Corporation of
4
the Village of Vienna that all actions by the said Council
by by-Laws and resolutions for the year commencing
December 1 , 1986 to November 30 , 1987 be and the same
are hereby approved and confirmed .
RED a FIRST , SECOND AND THIRD TIMM AND FINALLY PASSED this
10th day of December , 1987 .
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Reeve
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' Clerk
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Corporation of the Vil ' age of Vienna
3Y- 1.AW NO . 833
Being a by-law to set the interim mini_ rates and
strike the rates of taxation for the year 198V .
The new rates being Residential public 137 . 7930 ,
Residential Separate 136 . 1 380 , Commercial Public
162 . 1095 , and Commercial Separate as 160 . 1624 .
READ A FIRST , SECOND AND THIRD TIME AND FINA LLY PASSED
T'TIS 10th DAY OF DECEMBER * 1987 .
_ .r/ i t AhVE IfiAj9227gelV
.►pis.►
U
CLERK
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Corporation of the village of Vienna
BY-LAW NO . 833
Being a by-law to set the interim mi l l rates and
strike the rates of taxation for the year 1987 .
The new rates being Residential Public 137 . 7930 ,
Residential' Separate 136 . 1380Commercial Public
162 . 1095 , and Commercial Separate as 160 . 1624 .
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS 10th DAY OF DECEMBER , 1987 .
/7
ZL224./1:$46t1=.....
REEVE �7
LERK
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