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Home My WebLink AboutVienna By-Laws 1995 Vienna Village Byes.d Laws • 60, 460, ammie,„ .„ . • • .• 4.00. • By-Laws #95 - 01 95 - 10 1995 • Imp . • • • • 10 t • • 49 0 I."' 1- to.) S .4010111, armor _. _ _ . ._. .__. - ......,.. ..�..., .�...n..w... wsa. l(S64) 0 s AW/ t --No A �.� s + .rte / 1 - 74. . • I • THE CCPPGRATION OF THE VILLAGE OF VIENNA BY-LAW NO . 95 -01 BEIM A BY-LAW to regulate the supply of water and the price thereof from the communal water system in the Village of Vienna , WIIEPEAS Section 8 , 12 , & 27 of the Public Utilities Act P . 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 thereof ; AND MEM:AS under By- law No . 719 , the Corporation of the Vi 1 l aq of Vienna , on September 23 , 19 75 entered into an agreement with her Majesty the Queen , i9kight 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 January 9 , 1992 passed By- law No . 92 - 1 which imposes metric water rates on all users of the water system ; AND WHEREAS it is deemed expedient by the Councilof the Corporaticn of the Village of Vienna that said water By- law No . 92- 1 Le rescinded , and new water rates based on metered water consumption be imposed against each user of the system provided with water servile ; • NOW THEREFORE pursuant to Sections 8 , 12 , & 27 of the Public Utilities Act , R .S . O . 1900 , Chapter 423 THE COUNCIL 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 are supplied with water as a consequence of the entering into of the above mentioned agreement . 2 . A water user rate shall be charged against each user of the water system , at a consumption rate of : a) For domestic users in the Village of Vienna ; i1 . 27 per cubic metre of metered water consumption , with a minimum charge of $ 34 . 35 every two months (bi-monthly ) ; b ) For commercial users in the Village of Vienna ; $ l . 4 per cubic metre of metered water consumption , with a minimum charge of $ 38 . 45 bi-monthly ; c) For domestic users outside the Corporation limits of the Village of Vienna ; $ 1 . 42 per cubic metre of metered water consumption ,with a minimum charge of $ 38 . 45 bi- monthly ; i- monthly ; d) For commercial users outside the Corporation limits of the Village of Vienna ; $ 1 . 57 per cubic metre of metered water consumption , with a minimum charge of $42 . 60 bi-monthly . 3 . Payment for the supply of water shall he made at bi-;monthly intervals for users and shall be due when billed . A ten ( 10 percent penalty shall be charged on all accounts not paid in full on or before the 20th day of the month in the month which the accounts are billed . • � s } li • . . ;1 • -2- 4 . A service charge of $ 15 . 00 shall be levied for connection , shutting off , or turning on , any water service . 5 . A service charge of $15 . 00 per call wi ] ]. be levied for collecting unpaid water bills . 6 . An application fee of $5 . 00 will be . levied for registering new water meters with the Municipality , as well as for transferring the registration of those already in use . F 7 . A water meter chargo of $ 150 . 00 will be levied for new inters installed . 11 • service 8 . PAcharge of $ 15 . 00 will be levied for any payment by cheque which is returned N . S . F . 9 . BY-LAW NO . 92 - 1 , passed January 9 , 1992 is hereby repealed , upon the effective date of this by- law . 10 . THIS BY-LAW SHALL BE EFFECTIVE FOR THE MAY 1995 BILLING . • READ A FIRST , SECOND AND THIRD TIME , AND FINALLY PASSED , THIS 12TH DAY OF JANUARY , 1995 . .4114 o • E` h 411k• • 4PON*IiAlJelajimmommomm. CLERK 1 { • . •. . • • . • • . , 1 _ .'' t y t K' a z 'r; yVit: o y Sir. _:_ e>.`.: ►�>F pc ,`, 1tc l. .`!" >f' i. .t �s f . .. ,.: s / .' : ':+i `tf 4: ., ` e •., .- .� ..�., ��M } s y1P_ . ,. -- - .. �'1' °ir,�.R.' : $ .'l'��.—rp. �►tf�.dYn.t+fi�At•�C.d� _ _ ..-[rf,.lY. -5�::a;� lTti, ',a1! §.: �dr.v.�fnrsYAiw�' '1N_.,3�st.y!'y-. — _,. . • i THE CCPPGRATI ON OF THE VILLAGE OF VIENNA BY-LAW NO . 95 -01 BEING A BY-LAW to regulate the supply of water and the price thereof from the communal water system in the Village of Vienna . WIIEPEAS Section 8 , 12 , & 27 of the Public Utilities Act P . S . O . 1980 Chapter 423 authorizes the Corporation to pass by- laws 41ito /regulate the supply of water and affix the prices to be paid thereof ; AND W'IiEPLAS under Icy- law No . 719 , the Corporation of the Village of Vienna , on September 23 , 19 75 entered into an agreement with her Majesty the Queen , 1.9kight 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 January 9 , 1992 passed By- law No . 92 - 1 which imposes metric water rates on all users of the water system ; ANL WHEREAS it is deemed expedient by the Councilof the Corporaticn of the Village of Vienna that said water By- law No . 92- 1 be rescinded , and new water rates based on metered water consumption be imposed against each user of the system provided with water servile ; NOW THEREFORE pursuant to Sections 8 , 12 , & 27 of the Public Utilities Act , R .S . O . 1980 , Chapter 423 THE COUNCIL 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 are supplied with water as a consequence of the entering into of the above mentioned agreement . 2 . A water user rate shall be charged against each user of the water system , at a consumption rate of : a ) For domestic users in the Village of Vienna ; i1 . 27 per cubic metre of metered water consumption , with a minimum charge of $ 34 . 35 every two months (hi-monthly ) ; b ) For comiercial users in the Village of Vienna ; $ 1 . #1 per cubic metre of metered water consumption , with a minimum charge of $ 38 . 45 bi-monthly ; 4111 c) For domestic users outside the Corporation limits of the Village of Vienna ; $ 1 , 42 per cubic metre of metered water consumption ,with a minimum charge of $ 38 . 45 bi- monthly ; d) For commercial users outside the Corporation limits of the Village of Vienna ; $ 1 . 57. per cubic metre of metered water consumption , with a minimum charge of $42 . 60 bi-monthly . 3 , Payment for the supply of water shall he made at hi-monthly intervals for users and shall be due when billed , A ten ( 10 1 percent penalty shall be charged on all accounts not pain in full on or be f o r - the 20th day of the month in the month which the accounts are billed . . . . . /2 i z • • -2- 4 , 2-4 . A service charge of $ 15 . 00 shall be levied for connection , shutting off , or turning on , any water service . 5 . A service charge of $15 . 00er call will I I. be levied for collecting unpaid water bills . 6 • An application fee of $5 , 00 will be - levied for registering new water meters with the Municipality , as well as for transferring the registration of those a l readY in use 7 , A water meter charge of $ 150 , 00 will be levied for meters installed . new 11 • service 8 . ilAcharge of $ 15 . 00 will be levied for • ure which is returnedny payment by N . S . F .NS F 9 . BY-LAW NO . 92 - 1 , passed January9 , 1992 is hereby repealed , s upon the effective .date of this by- law . 10 . THIS BY-LAW SHALL BE EFFECTIVE FOR THE MAY 1995 BILLING . READ A FIRST , SECOND AND THIRD TIME , AND FINALLY PASSED , THIS 12TH DAY OF JANUARY , 1995 . 9LL._ Ri-44k 110111, • e-t 40"..42.\-c11.44ealA.0I CLERK • I/ • i I - i . t ' _ y cm. • • THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. 95-02 BEING A BY-LAW TO APPOINT A WATER METER READER AND HALL MANAGER/CUSTODIAN WHEREAS k is expedient that the Council of the Village of Vienna appoint: A) A Water Meter Reader for the Vienna Water System and NIPB) A Hall Custodian/Manager for the Vienna Community Centre and Recreation Board THEREFORE THE COUNCIL OF THE VILLAGE OF VIENNA ENACTS AS FOLLOWS: 1) THAT G. Len Claus be and is hereby appointed as WATER METER READER for the Village of Vienna Water System; 2) THAT the said G. Len Claus shall perform all duties as required to be performed by a Water Meter Reader, and any duties that may be imposed by Council; 3) THAT the said G. Len Claus shall hold office duringthepleasure and subject J to the policies of the Council, and shall be paid at the following rates of pay: i ) 3.75 per meter for reading on a bi-monthly basis, ii ) $8.00 per hour for duties required other than the reading of water meters payable bi-monthly for duties performed under Sections 1 , 2 and 3 of this By-law 4) THAT G. Len Claus be and is hereby appointed as Hall Manager/Custodian for the Vienna Community Centre and Recreation Board; 5) THAT the said G. Len Claus shall perform all duties as required to be performed by such Hall Manager/Custodian, and any other duties that may be imposed by Council; 6) THAT the said G. Len Claus shall hold office duringthepleasure and subject to policies of the Council, and shall be paid at the rate of$ 8.00 per hour, payable monthly for duties performed under sections 4, 5 and 6 of this by-law. ANY AND ALL BY-LAWS previous and pertaining to the hiring of a Water Meter Reader and/or a Hall/Manager Custodian are hereby repealed. • BY-LAW NO. 94- 10 Appointment of Municipal Officers for 1995 is hereby amended accordingly. 1110 • READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1211-1 DAY OF JANUARY, 1995. •_ a 9r4e. eti 12eeLi- C RK File: Bylaws/95-02 if y THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. 95-02 BEING A BY-LAW TO APPOINT A WATER METER READER AND HALL MANAGER/CUSTODIAN WHEREAS it is expedient that the Council of the Village of Vienna appoint: A) A Water Meter Reader for the Vienna Water System and • B) A Hall Custodian/Manager for the Vienna Community Centre and Recreation Board THEREFORE THE COUNCIL OF THE VILLAGE OF VIENNA ENACTS AS FOLLOWS: • 1) THAT G. Len Claus be and is hereby appointed as WATER METER READER • i for the Village of Vienna Water System; 2) THAT the said G. Len Claus shall perform all duties as required to be performed by a Water Meter Reader, and any duties that may be imposed by Council; 3) THAT the said G. Len Claus shall hold office during the pleasure and subject to the policies of the Council, and shall bepaid at the followingrates of pay: FY { i ) $.75 per meter for reading on a bi-monthly basis, ( ii ) $8.00 per hour for duties required other than the reading of water meters payable bi-monthly for duties performed under Sections 1 , 2 and 3 of this By-law; 4) THAT G. Len Claus be and is hereby appointed as Hall Manager/Custodian for ' the Vienna Community Centre and Recreation Board; 5) THAT the said G. Len Claus shall perform all duties as required to be performed by such Hall Manager/Custodian, and any other duties that may be imposed by Council; a 6) THAT the said G. Len Claus shall hold office during the pleasure and subject to policies of the Council, and shall be paid at the rate of $ 8. 00 per hour, payable monthly for duties performed under sections 4, 5 and b of this by-law. ANY AND ALL BY-LAWS previous and pertaining to the hiring of a Water Meter Reader and/or a Hall/Manager Custodian are herebyrepealed. B BY-LAW NO. 94- 10 Appointment of Municipal Officers for 1995 is hereby amended accordingly. i READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF JANUARY, 1995 . i 4 E E / CLEKTi: File: Bylaws/95-02 TILE CORPORATION QF THE VILLAGE OF VIENNA BYL4W 95-03 BEING A BY-LAW to appoint a public works maintenance worker for the Village of Vienna THEREFORE the Council of the Village of Vienna enacts as follows: 1 . THAT Germain Blondin be and is hereby appointed as public works maintenance worker for the Village of Vienna 2. THAT the said Germain Blondin shall perform all duties as required to be performed by a public works maintenance worker and any other duties as may be imposed by Council• !f� 3 . AND THAT the said Germain Blondin shall hold office during the pleasure and subject to the policies of the Council, and shall be paid at the rate of Eight Dollars ($8.00) per hour for between 30 and 35 hours per week as seasonally required. READ A FIRST, SECOND AND THIRD TIME, AND FINALL1r' PASSED THIS 13TH DAY OF APRIL, 1995. CLERK I File: BYL/95-03 !! � I di!i. r� 3i THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW 95-03 BEING A BY-LAW to appoint a public works maintenance worker for the Village of Vienna THEREFORE the Council of the Village of Vienna enacts as follows: 1 . THAT Germain Blondin be and is hereby appointed as public • works maintenance worker for the Village of Vienna 2. THAT the said Germain Blondin shall perform all duties as required to be performed by a public works maintenance worker and any other duties as may be imposed by Council 3 . AND THAT the said Germain Blondin shall hold office during the pleasure and subject to the policies of the Council, and shall be paid at the rate of Eight Dollars (58.00) per hour for between 30 and 35 hours per week as seasonally required. READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED THIS 13TH DAY OF APRIL, 1995. • 4&:- r4kik 414k AiAL CLERK File: BY1195-03 • 0 ‘I) j THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. 95-04 BEING A BY-LAW to adopt the current estimates and strike the rates of taxation for the year 1995 WHEREAS the Council of the Village of Vienna in accordance with Municipal Act considered the estimates of the Municipality and of the Boards there of, 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 1995. GENERAL MUNICIPAL PURPOSES $ 8 6, 12 8 COUNTY PURPOSES 3 8,543 PUBLIC ELEMENTARY SCHOOL PURPOSES 46,932 PUBLIC SECONDARY SCHOOL PURPOSES 41,762 SEPARATE ELEMENTARY SCOOL PURPOSES 1 ,824 SEPARATE SECONDARY SCHOOL PURPOSES L670 TOTAL $216.859 AND WHEREAS all real property and business assessment rolls made for the year 1994 on which the 1995 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 Section 7 of the Ontario Unconditional Grants Act, R. S.O. 1980 and the Commercial Assessment as defined in Section 1 of the afforementioned real property and business assessment rolls NOW THEREFORE the Council of the Corporation of the Village of Vienna hereby enacts as follows: -2-- 1 . There shall be levied and collected upon all rateable land, buildings and business assessment of the Corporation of the Village of Vienna the following rates of taxation: RESIDENTIAL COMMERCIAL &FARM & BUSINESS GENERAL AL ASSESSMENT 478, 151 44,444 MILL RATE 162.371 191.025 TAXATION 77,638 8,490 COUNTY ASSESSMENT 478, 151 44,444 MILL RATE 72.662 85.485 TAXATION 34,744 3,799 PUBLIC SCHOOL ELEMENTARY ASSESSMENT 461,733 41,277 MILL RATE 91.970 108.200 TAXATION 42,466 4,466 PUBLIC SECONDARY SCHOOL ASSESSMENT 461,733 41,277 MILL RATE 81.840 96.280 TAXATION 37,788 3,974 ELEMENTARY SEPARATE SCHOOL ASSESSMENT 16,418 3, 167 MILL RATE 90.551 106.530 TAXATION 1,487 337 SECONDARY SEPARATE SCHOOL ASSESSMENT 16,418 3, 167 MILL RATE 82.905 97.535 TAXATION 1,361 309 TOTAL TAXATION: 216,859 • CLASSIFICATION PUBLIC SCHOOL SUPPORTERS RE&AFARM COM'L BUS. GENERAL MUNICIPAL 162.371 191.025 COUNTY 72.662 85.485 ELEMENTARY SCHOOL 91.970 108.200 SECONDARY SCHOOL 81.840 96i80 TOTAL CONSOLIDATED PUBLIC SCHOOL RATE 408-843 SEPARATE SCHOOL SUPPORTERS GENERAL CIPAL 162.371 191.025 COUNTY 72.662 85.485 ELEMENTARY SCHOOL 90.551 106.530 SECONDARY SCHOOL 82.905 97.535 TOTAL CONSOLIDATED SEPARATE SCHOOL RATE 408.89 480.575 --3-- 2. NOTWITHSTANDING the provisions of Clause I 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 account 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 be in the ratio that the number of months remaining in the current year after the month in which the notice provided for herein, is delivered or sent, bears to the number twelve, and shall be entered in the Collector's Roll and collected in the same manner as if the assessment had been made in the usual way and more particularly described as follows: a) If the assessment has been added to the Collector's Roll after June 30, the taxes shall be due and payable in one instalment on the last day of the month following the entry of the assessment in the Collector's Roll; and, b) If the business assessment has been added to the Collectors Roll after June 30, the business tax shall be due and payable in one instalment on the last 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: AUGUST 29 and NOVEMBER 28/95 4. The Collector is hereby authorized to mail, deliver or 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 0f Vienna at the Clerk's Office or by mail to P.O. Box 133, Vienna, Ontario NOJ 1ZO. 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 the Clause 3 of this By-law, as the case may be, a percentage charge of one and one quarter percent (1.25%) 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 ( 1 .25%) shall be added on the first day of each calendar month thereafter m which said default continues, but not after December 31 in the year in which the said taxes are levied. Thereafter, and until the taxes are paid, interest shall be be added at the rate of 1 .25% per month. --4-- 7. The Clerk-Treasurer and Collector of Taxes are hereby authorized to accept part payment from the 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 effect 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 8. 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 the 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 remuneration due to such employee, the account 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. 9. This By-Law shall come into force and take affect on the day it receives final approval. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF JUNE, 1995. ) REEVE_ c • ( k5r_cs- File: 9504BYL 1 THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. 95-04 BEING A BY-LAW to adopt the affront estimates and strike the rates of taxation for the year 1995 WHEREAS the Council of the Village of Vienna in accordance with Municipal Act considered the estimates of the Municipality and of the Boards there of; 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 1995. GENERAL MUNICIPAL PURPOSES $ 86, 128 COUNTY PURPOSES 38,543 PUBLIC ELEMENTARY SCHOOL PURPOSES 46,932 PUBLIC SECONDARY SCHOOL PURPOSES 41 ,762 SEPARATE ELEMENTARY SCOOL PURPOSES 1 ,824 SEPARATE SECONDARY SCHOOL PURPOSES 1.670 TOTAL $216,859 AND WHEREAS all real property and business assessment rolls made for the year 1994 on which the 1995 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 Section 7 of the Ontario Unconditional Grants Act, R.S.O. 1980 and the Commercial Assessment as defined in Section 1 of the afforementioned real property and business assessment rolls NOW THEREFORE the Council of the Corporation of the Village of Vienna hereby enacts as follows: -2- 1. There shall be levied and collected upon all rateable land, buildings and business assessmait of the Corporation of the Village of Vienna the following rates of taxation: RESIDENTIAL COMMERCIAL & FARM & BUSINESS GENERAL CIPAL ASSESSMENT 478,151 44,444 MILL RATE 162.371 191.025 TAXATION 77,638 8,490 COUNTY ASSESSMENT 478, 151 44,444 MILL RATE 72.662 85.485 TAXATION 34,744 3,799 PUBLIC SCHOOL ELEMENTARY ASSESSMENT 461,733 41,277 MILL RATE 91 .970 108.200 TAXATION 42,466 4,466 PUBLIC SECONDARY SCHOOL ASSESSMENT 461,733 41,277 MILL RATE 81.840 96.280 TAXATION 37,788 3,974 ELEMENTARY SEPARATE SCHOOL ASSESSMENT 16,418 3, 167 MILL RATE 90.551 106.530 TAXATION 1,487 337 SECONDARY SEPARATE SCHOOL ASSESSMENT 16,418 3, 167 MILL RATE 82.905 97.535 TAXATION 1,361 309 TOTAL TAXATION: 216.859 CLASSIFICATION MildUATES COM'L BUS. GENERAL MUNICIPAL 162.371 191 .025 COUNTY 72.662 85.485 ELEMENTARY SCHOOL 91.970 108.200 SECONDARY SCHOOL 81.840 96180 TOTAL CONSOLIDATED PUBLIC SCHOOL RATE 403.843 480.990 SEPARATE SCHOOL SUPPORTERS GENERAL MUNICIPAL 162.371 191.025 COUNTY 72.662 85.485 ELEMENTARY SCHOOL 90.551 106.530 SECONDARY SCHOOL 82.905 97.535 TOTAL CONSOLIDATED SEPARATE SCHOOL RATE 408.489 480,575 --3-- 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 account 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 be in the ratio that the number of months remaining in the current year after the month in which the notice provided for herein, is delivered or sent, bears to the number twelve, and shall be entered in the Collector's Roll and collected in the same manner as if the assessment had been made in the usual way and more particularly described as follows: a) if the assessment has been added to the Collector's Roll after June 30, the taxes shall be due and payable in one instalment on the last day of the month following the entry of the assessment in the Collector's Roll; b) If the business assessment has been added to the Collectors Roll after June 30, the business tax shall be due and payable in one instalment on the last 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: AUGUST 29 and NOVEMBER 28/95 4. The Collector is hereby authorized to mail, deliver or 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 IZO. • 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 the Clause 3 of this By-law, as the case may be, a percentage charge of one and one quarter percent ( 1.25%) 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 ( 1 .25%) shall be added on the first day of each calendar month thereafter in which said default continues, but not after December 31 in the year in which the said taxes are levied. Thereafter, and until the taxes are paid, interest shall be be added at the rate of 1.25% per month. . 7. The Clerk-Treasurer and Collector of Taxes are hereby authorized to accept part payment from the 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 effect 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. 8. 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 the 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 remuneration due to such employee, the account 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. 9. This By-Law shall come into force and take affect on the day it receives final approval. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF JUNE, 1995. 0 REEVE: - - i - " - • 4". 41111p.e "ells NIA File: 9504BYL /2/f_e_a,-6/ /57- AAA-, VILLAGE OF VIEr ' A BY-LAW NO. 95O5c9-1,41,7 /07 BEING A BY-LAW TO ESTABLISH A PROCEDURE GOVERNING THE SALE OF REAL PROPERTY WHEREAS the Planning and Municipal Statute Law Amendment Act, 1994, requires that every Councii with Authority to sell or otherwise dispose of real property shall by by-law establish procedures geverning the sale of real property; and WHEREAS the by-law must include a provision that Council shall officially declare, by resolution, the real property to be surplus; and WHEREAS the by-law must include a provision that Council shall obtain at least one appraisal of the fair market value of the real property; and FAS the by-law must include a provision that Council shall give notice to the public of the proposed sale; and WHEREAS the by-law could include a provision authorizing different procedures for different classes of real property; and WHEREAS the Minister, by regulations, has prescribed classes of real property and certain public bodies for which an appraisal is not required; and NOW THEREFORE, the Municipal Council of the Corporation of the Village of Vienna enacts as follows: 1 . Council shall at any time, by resolution, declare any of its real property to be surplus to the needs of the Village and shall be authorized to take action as described in Schedule " 1 " attached hereto. 2. This by-law and Schedule " 1 " shall apply to all classes of land owned by the • Village, save and except: a) classes of land numbered 1, 3, 4, 5 and 8 described in Regulation 815/94; and b) classes of land described under Section 210. 1 of the Municipal Act; and c) surplus land acquired for road widening which classes shall be subject to their own specific procedures. 11/ READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY, 1995 I REEVE ,,s CLERK A) SCHEDULE "1" BY-LAW NO 95-05 1 • ' i • / "1/41 ' 1 I . Obtain approval from any other agencies involved, if necessary. 2. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser why: shall: • i) be a registered member in good standing of the Appraisal Institute of Canada, er ii) not be directly connected with any real estate brokerage firm, i. e. a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising„ improvement, etc. shall be established ii) an estimate bid amount shall be established which shall be based on the appraisal value and shall be increased to include the amounts of the costs referred to in clause 4 (1) above iii) an advertisement shall be placed in local newspapers having general circulation in the area, and which are intended to provide coverage throughout the entire geographic area of Vienna. Advertisement in newspapers outside the local area of the Village of Vienna shall be at the discretion of the Council. The advertisement shall include a brief descrtnion of the property, including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall be submitted to the Village Clerk and shall include the statement that "the highest or any offer may not necessarily be accepted"; and after issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. 4 p p. Ontario Regulation 415/94 REGULATION MADE UNDER TES' Riled: December 21, 1994 MUNICIPAL ACT Effective: January 1, 1995 DISPOSAL OP PROPERTY 1 . A municipality or local board may sell the following classes of real property without obtaining .an appraisal under subsection 193 (4 ) of the Act : 1 . Land 0 . 3 metres or less in width acquired in connection with an approval or decision under the Planning Act. .2 . Highways , roads and road allowances . . . 411 . 3 . Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land . . 4 . Land that does not have direct access to a highway if • sold to the owner of land abutting that land . 5 . Land repurchased by an owner in accordance with section 42 of the Expropriations Act . • 6 . Land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses . 7 . Land sold under sections 112 , 112 . 1 , . 112 . 2 and 113 of the Municipal Act. • 8 . Easements granted to public utilities or to telephone companies . • 9 . Land sold under the Municipal Tax Sales Act. 2 . A municipality or local board may sell real property to the following classes of public bodies without obtaining an appraisal under subsection 193 ( 4 ) of the Act : • 1 . Any municipality, including a metropolitan, regional or district municipality and the County of Oxford . • 2 . A local board as -defined in the Munic�C • pa.I Affairs Act. 3 . An authority under the Conservation Authorities Act • 4 . The Crown in Right of Ontario or of Canada and their agencies . • 3 . A municipality or local board is not required to list the following classes of real property in the public register established under subsection 193 ( 7 ) of the Act : 1 . Land 0 . 3 metres or less in width acquired in connection with an approval or decisiop under the Planning Act. 4112 . All highways , roads and road allowances , whether or not opened , unopened, closed or stopped up . 3 , Land formerly used for railway branch lines . 4 . This Regulation comes into force on the day that section 53 of the PIsnn1ng and Municipal Statute Law Amendment Act, 1994 comes into force . 40-111;;; ;:::)1111 Minister of Munici Affairs VILLAGE OF VIENNA BY-LAW NO. 95-05 BEING A BY-LAW TO ESTABLISH A PROCEDURE GOVERNING THE SALE OF REAL PROPERTY WHEREAS the Planning and Municipal Statute Law Amendment Act, 1994, requires that every Council with Authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and • WHEREAS the by-law must include a provision that Council shall officially declare, by resolution, the real property to be surplus; and WHEREAS the by-law must include a provision that Council shall obtain at least one appraisal of the fair market value of the real property; and WHEREAS the by-law must include a provision that Council shall give notice to the public of the proposed sale; and WHEREAS the by-law could include a provision authorizing different procedures for different classes of real property; and WHEREAS the Minister, by regulations, has prescribed classes of real property and certain public bodies for which an appraisal is not required; and NOW THEREFORE, the Municipal Council of the Corporation of the Village of Vienna enacts as follows: 1 . Council shall at any time, by resolution, declare any of its real property to be surplus to the needs of the Village and shall be authorized to take action as described in Schedule " 1 " attached hereto. 2. This by-law and Schedule " 1 " shall apply to all classes of land owned by the Village, save and except: a ) classes of land numbered 1 , 3, 4, 5 and 8 described in Regulation 815/94; and b) classes of land described under Section 210. 1 of the Municipal Act ; and c surplus land acquired for road widening which classes shall be subject to their own specific procedures. • READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY, 1995 REEVE Ahi CLERKAI, /per f � .. ,oma AMMINIMMIMIMMMM 4 CERTIPICITI OP COMPLIANCI . FORM FOR USE WITH SECTION 193 OF THE MUNICIPAL ACT • Certificate of Compliance with section 193 of the Municipal Act in the sale or disposition of the real property described as : • n ( Description may be attached) I hereby certify that : 111 1 . The Municipality passed By-law ( 1 if applicable) . on (date) It is a procedural by-law for the purposes of the sale or other disposition of real property and was in force on the date of the sale or disposition of the property described above. • Delete if 2 . The property was declared surplus under By-law or not Resolution enacted or applicable ( I if applicable) passed on (date) Delete if 3 . An appraisal of the fair market value of the . not property was obtained on applicable (date) Delete if 4 . The property sale or disposition is exempt from not the requirement to obtain an appraisal of its fair applicable market value under the following exemption : Delete if 5 . Public notice of intent to sell or dispose of the not property was given by the following method (s) applicable (describe method(s) ] 411 on the following date (s) • • THinature of clerk or admfn strat ve (Date) head) FORM APPROVED DECEMBER 201 1994 ♦.. 4. • w. •.. • - .. . ... V e a • • • 1 • • ar a 11111 • V ''F • • • SCh EDULE "1" BY-LAW NO 95-05 PROC I)LIRE - SALE of REAL PROPERTY l . Obtain approval from any other agencies involved, if necessary. 2. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm, Le. a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising, improvement, etc. shall be established ii) an estimate bid amount shall be established which shall be based on the appraisal value and shall be increased to include the amounts of the costs referred to in clause 4 0i) above iii) an advertisement shall be placed in local newspapers having general circulation in the area, and which are intended to provide coverage • throughout the entire geographic area of Vienna. Advertisement in newspapers outside the local area of the Village of Vienna shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall be submitted to the Village Clerk and shall include the statement that "the highest or any offer may not necessarily be accepted" ; and after issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. • s . • • Ontario Regulation Sts/104 REGULATION MADS UNDER THE Filed: December 21, 1994 MUNICIPAL ACT Effective: January 1, 19!5 DISPOSAL OF PROPERTY • 1 . A municipality or local board may sell the following classes of real property without obtaining an appraisal under subsection 193 ( 4 ) of the Act : 1 . Land 0 . 3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2 . Highways , roads and road allowances . 411 3 . Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land . . 4 . Land that does not have direct access to a highway if sold to the owner of land abutting that land . 5 . Land repurchased by an owner in accordance with section 42 of the Expropriations Act. 6 . Land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses . 7 . Land sold under sections 112 , 112 . 1 , . 112 . 2 and 113 of the Municipal Act. • 8 . Easements granted to public utilities or to telephone companies . • 9 . Land sold under the Municipal Tax Sales Act. • 2 . A municipality or local board may sell real property to the following classes of public bodies without obtaining an appraisal under subsection 193 ( 4 ) of the Act : • 1 . Any municipality, including a metropolitan, regional or district mun i c i pal i ty and the County of Oxford . ' 2 . A local board as -defined in the Muni c4i pal Affairs Act . 3 . An authority under the Conservation Authorities Act* • 4 . The Crown in Right of Ontario or of Canada and their agencies . • 3 . A municipality or local board is not required to list the following classes of real property in the public register established under subsection 193 ( 7 ) of the Act : 1 . Land 0 . 3 metres or less in width acquired in connection with an approval or decision under the Planning Act . 2 . All highways , roads and road allowances , whether or not opened , unopened, closed or stopped up . 3 . Land formerly used for railway branch lines . 4 . This Regulation comes into force on the day that section 55 of the Planning and Municipal Statute Law Amendment Act, 1994 comes into force . • • --;; ;;;;;i42,704.. Minister of Munici Affairs a • by • CERTIFICATE OF COMPLIANCEFORM FOR USE WITH SECTION 193 OF THE MUNICIPALACT of Compliance with section 193 of the Municipal Act in the Salo or disposition of the real property described as : • (Description may be attached) I hereby certify that: !II 1 . The Municipality passed By-law ( 1 if applicable) a on (date) It is a procedural by-law for the purposes of the sale or other disposition of real property and was in force on the data of the sale or disposition of the property described above. Delete if 2 . The property was declared surplus under By-law or not Resolution enacted or applicable ( # if applicable) passed on . . (date) Delete if 3 . An appraisal of the fair market value of the not property was obtained on applicable (dats) Delete if 4 . The property sale or disposition is exempt from not the requirement to obtain an appraisal of its fair applicable market value under the following exemption: Delete if 5 . Public notice of intent to sell or dispose of the notgivenproperty was by the following sothod ( s) applicable (describe method (s) ] on the following dato (s)st ( Dat.) • 1gnaturs of clerk or ads n rat v� head) FORM APPROVEDFORDECEMBER 20 , 1994 TSE CORPORATION OF TEL VILIAGE OF VIENNA BY-LAW NO. 95 - 06 BEING A BY-LAW TO APPOINT A CHIEF BUILDING OFFICIAL, PLUMBING INSPECTOR, PROPERTY STANDARDS AND BY-LAW ENFORCEMENT OFFICER THEREFORE THE COUNCIL OF THE VILLAGE OF VIENNA ENACTS AS 10 FOLLOWS: 1. THAT Dwayne Daniels be and is hereby appointed as Chief Building P'himb►iug Inspector, Property Standards and By-law Enforcement Officer for the Village of Vienna • 2. THAT the said Dwayne Daniels shall perform all duties as required to be • performed by a Chief Building Official and Plumbing Inspector under statutory authority, and any other duties that may be imposed by Council 3 _ AND THAT the said Dwayne Daniels shall hold office during the pleasure and subject to the policies of the Vienna Council, and shall be paid as billed by the Township of Bayham, for duties and services performed under this by-law on an "as needed" basis. ANY AND ALL BY-LAWS previous and pertaining to the appointment of a Chief Building Official, Plumbing Inspector, Property Standards and By-law Enforcement Officer are hereby repealed. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF OCTOBER, 1995. REEVE dka CLERK , File: By-laws/95-06byl THE CORPORATION OF TSE VILLAGE OF VIENNA BY-LAW NO. 95 - 06 BEING A BY-LAV TO APPOINT A CHIEF BUILDING OFFICIAL, PLUMBING INSPECTOR, PROPERTY STANDARDS AND BY-LAW ENFORCEMENT OFFICER THEREFORE THE COUNCIL OF THE VILLAGE AGE OF VIENNA ENACTS AS • FOLLOWS: 1 . THAT Dwayne Daniels be and is hereby appointed as Chief Building Official, Plumbing Inspector, Property Standards and By-law Enforcement Officer for the Village of Vienna 2. THAT the said Dwayne Daniels shall perform all duties as required to be performed by a Chief Building Official and Plumbing Inspector under statutory authority, and any other duties that may be imposed by Council 3. AND THAT the said Dwayne Daniels shall hold office during the pleasure and subject to the policies of the Vienna Council, and shall be paid as billed by the Township of Bayham, for duties and services performed under this by-law on an "as needed" basis. ANY AND ALL BY-LAWS previous and pertaining to the appointment of a Chief Building Official, Plumbing Inspector, Property Standards and By-law Enforcement Officer are hereby repealed. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF OCTOBER, 1995. REEVE • 9x,:,...... CLE ' -A.,. E,- - . - 4 File: By-laws/95-O6byl I VILLAGE OF VIENNA BY-LAW NO. 95-07 WHEREAS Section 7 of the Building Code Act, 1992 empowers municipal Councils to pass by- laws respecting construction, demolition and change of use permits and inspections. AND WHEREAS the Council of the Village of Vienna is desirous of enacting a by-law under Section 7 of the Building Code Act, 1992. THEREFORE THE COUNCIL OF THE VILLAGE OF VIENNA ENACTS AS FOLLOWS. 1 . SHORT TITLE 1 . 1 This By-law may be cited as "The Building By-law" . 2. DEFINITIONS 2. 1 "Act" means the Building Code Act, 1992, as amended. 2.2 "Building" means a structure occupying an area greater than 10 square metres consisting of a wall, roof and floor, or any one or more of them, or a structural system serving the function thereof, including all the works, fixtures and service systems appurtenant thereto, and includes such other structures as are designated in the regulations. It does not include the replacement of roofing metal or shingles nor minor repairs providing the structural system is not involved or altered. 2.3 "Building Code" means the regulations made under Section 34 of the Act. 2.4 "Chief Building Official " means the Chief Building Official appointed by the By- law of the Village of Vienna for the purpose of enforcement of the Act. 245 "Farm Building" means a farm building as defined in the Building Code. 2.6 "Permit" means written permission or written authorization from the chief building official to perform work regulated by this by-law and the Act. 2. 7 "Plumbing" means plumbing as defined in Section 1(1) of the Act. 3. DUTIES AND POWERS OF THE AUTHORITY HAVING JURISDICTION. 3. 1 The Authority having jurisdiction shall administer this by-law and keep records of all applications received, permits and orders issued, inspections and tests made, and shall retain copies of all papers and documents connected with the administration of this by-law, which will form part of the public records. 3.2 The Authority having jurisdiction may: • 3.2. 1 Enter any building or premises at a reasonable time for the purpose of administering or enforcing this by-law. The reasonable time for entry is 7:00 a. m. to 9:00 p. m. A By-Law No. 9 5 - 0 7 - 2 - 3.2.2 Cause a written notice to be delivered to the owner of any property directing him to correct any condition where in the opinion of the Authority having Jurisdiction, that conditions constitute a violation of this by-law. 3. 2. 3 Order the owner to stop work on the building, if it is proceeding in contravention of this by-law or if it is an unsafe condition. 3.2.4 Direct that tests of materials, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted at the expnnae of the owner, where such evidence or proof is necessary to determine whether the material, device, construction or foundation condition meets the requirements of this by-law. 3.2.5 Revoke or refuse to issue a permit where, in its opinion, the results of tests referred to clauses 3 . 2.4 are not satisfactory. 3.2.6 Order the removal of any building erected or placed in violation of this by- law. 4. PERMITS 4. 1 Classes of Permits with respect to the Construction of Buildings shall be as set out below: 4. 1 . 1 Building Permit - Required under subsection 8( 1 ) of the Act. -May include plumbing and/or farm buildings and/or heating, ventilation and air conditioning permits. 4. 1 .2 Plumbing Permit - Formerly issued under by-laws made under the Ontario 'Water Resources Act. May be classed under building permit. 4. 1 .3 Conditional Permit - Authorized under subsection 8(3) of the Act. 4. 1 .4 Change of Use Permit - Required under subsection 10( 1 ) of the Act. 4. 1.5 Demolition Permit - Required under subsection 8( 1 ) of the Act. 4.2 To obtain a permit the owner or his authorized agent shall file an application in writing on the form prescribed by the Chief Official, and pay the fee prescribed for such permit. 4.3 Except as otherwise permitted by the Chief Official, every applicant shall: 4. 3. 1 Identify and describe in detail the work and proposed occupancy to be covered by the permit for which the application is made; 4.3.2 Describe the land on which the work is done, by a description that will readily identify and locate the building lot; 4.4 Except as otherwise permitted by the Chief Official, every Application shall: 4.4. 1 State the valuation of the proposed work including materials, the labour, and be accompanied by the required fee; 4.4.2 State the names, addresses and telephone numbers of the owner, authorized agent, architect, engineer or other designer and constructor, and; By-Law No. 9 5 - 0 7 - 3 - 4.4. 3 Be accompanied by a written acknowledgement of the owner that he has retained an architect or professional engineer to carry out the field review of the construction where required by the Building Code, and; 4.4.4 Be signed by the owner or his authorized agent who shall certify the truth of the contents of the application. 4.5 Where a permit has not been issued and the information in an application changes, the applicant shall notify the Chief Official in writing of the changes. 4. 6 An application for a permit may be deemed to have been abandoned and cancelled six (6) months after the date of filing, unless such application is being seriously proceeded with. • 4.6. 1 Where the construction of the building is, in the opinion of the Chief Official substantially suspended or discontinued for a period of more than one year, the Chief Official may revoke a permit. 4.7 No owner or authorized agent shall move any buildings into or within the v� .of Vienna without first obtaining a Building Construction Permit and Moving Permit. 5. PLANS AND SPECIFICATIONS 5 . 1 Sufficient information shall be submitted with each application for a permit to enable the Chief Official to determine whether or not the proposed work will conform with the Act, the regulations thereunder and any other applicable bylaws or statutes. 5 .2 When required by the Chief Official, plans and specifications shall be provided. 5 . 3 Plans drawn to scale upon paper, cloth or other substantial materials shall be clear and durable and shall indicate the nature and extent of the work, or proposed occupancy, and shall include one of each of the following: 5 . 3 . 1 Site plans. 5.3.2 Structural drawings. 5.4 Unless otherwise permitted by the Chief Building Official in writing, the site plan referred to in Section 5. 3. 1 shall: 5 .4. 1 Be drawn to scale. 5 .4.2 Show the dimensions of any building existing and proposed and it's relationship to adjoining buildings, parking spaces and their location, off street loading areas, location of driveways, landscaped areas, signs, fences and all other structures, drains and such other information as the Chief Building Official may require. 5 .4. 3 Indicate finished grades and elevations; 5 .4.4 Show the information relative to drainage; 5 .5 Unless otherwise permitted by the Chief Official in writing the structural drawings referred to in section 5.3.2 shall; 5 .5. 1 Show the structural elements required to frame and brace the structural horizontally and vertically. • By-Law No. 95-0 7 - 4 - 5.5.2 Sections and details must be sufficient to enable these to be checked ; 5.5 .3 All loads and conditions of loading shall be noted on the drawings; 5 .5.4 Show all structural steel indicating sizes and shapes in their proper location together with the type of steel used; 5 .5 .5 Show any reinforced concrete work and indicate thickness of concrete, size and spacing and type of reinforcing steel, the strength of concrete and minimum thickness of concrete cover to steel reinforcement; 5.5.6 Show all lintels with their location and size. 5.6 In lieu of separate specifications, the Chief Official may allow the essential information to be shown on the plans; 5.7 Where a permit has been issued, application shall be made in writing to the Chief ' Official for any revision of the permit before any change is made. 5. 8 Where application is made for a demolition permit under subsection 8( 1 ) of the Act, the application shall: 5. 8. 1 Contain the information required by clauses 4.3. 1 to 4.4.4. 5. 8.2 Be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the cutting off and plugging of all water, sewer, gas, electric, telephone or other utilities and services. 5 . 9 Where application is made for a conditional permit under subsection 8(3) of the Act, the application shall: 5 . 9, I Contain the information required by clauses 4. 3. 1 to 4.4.4 5.9.2 'Contain such other information, plans and specifications concerning the complete project as the Chief Building Official may require. 5 . 9. 3 State the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted . 5.9.4 State the necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals were obtained . 5 .9.5 State the time in which plans and specifications of the complete building will be filed with the Chief Building Official . 5 . 10 Every application for a change of use permit issued under subsection 10( 1 ) of the • Act shall be submitted to the Chief Building Official , and shall : 5. 10. 1 Describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building. 5. 10.2 Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made. 5. 10.3 Include plans and specifications which show the current and proposed occupancy of all parts of the building, and which contain sufficient information to establish compliance with the requirements of the Building Code, including: floor plans; details of wall , ceiling and roof assemblies identifying required fire resistance ratings and load bearings capacities. 1 • • By-Law No. 95 -07 - 5 - 5 . 10.4 Be accompanied by the required fee. 5 . 10.5 State the name, address and telephone number of the owner. 5 . 10.6 Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application. 5. 11 Where an application for a permit or for authorization to make a material change to a plan, specification, document or other information on the basis of which a permit was issued, co tins an equivalent material, system or building design for which authorization under section 9 of the Act is requested , the following i n formate shall be provided: 5. 11 . 1 A description of the proposed material, system or building design for which authorization under section 9 of the Act is requested. 5. 11.2 Any applicable provisions of the Building Code. 5. 11.3 Evidence that the proposed material , system or building design will provide the level of performance required by the Building Code. 6. FEES 6. 1 Fees for a required permit shall be set out in Schedule "A" to this by-law and are due and payable upon submission of an application for a permit. 6. 1 . 1 Fees payable in respect of an application for a change of use permit under Subsection 10( 1 ) of the Act are based on a flat rate of $50.00 as set out in Schedule "A " . 6. 1 .2 Occupancy Permits - may be issued if requested. 6,2 Where the fees are based on the cost or valuation of the proposed work regulated bythe permit, including the cost of all material, labour, equipment, overhead and professional and related services. 6.3 The Chief Official may place valuation on the cost of the work and the applicant shall pay the prescribed fee before the issuance of the permit. 6.4 The permit fee may be recovered if the project is abandoned with a minimum payment of $40.00 for administration cost. Any permit worth less than $40.00 is non-refundable. 7. TIME OF NOTICE OF INSPECTION, RESPONSIBILITY AND DUTIES OF THE OWNERS 7. 1 The Person to whom the permit has been issued shall notify the Chief Official of: 7. 1 . 1 The proposed commencement of construction of the building, two or more working days prtor to the commencement thereof; 7. 1 .2 The completion of construction before occupation, within two working days prior to occupation of the building; 7. 1 . 3 The change in the class of occupancy of any building, or part thereof; By-Law No. q5 - 07 - b - 8. PROVISION FOR OFFENCES 8. 1 Any person who contravenes any provision of this Act, or the regulations of any by-law passed under the authority of this Act, is guilty of an offence and, upon summary conviction is liable to a fine or imprisonment, as provided by the Act. 9. BY-LAWS WHICH CONTRAVENE THIS BY-LAW 9. : By-Law No. 734 and any other By-Law which contravenes this By- Law is hereby repealed . 10. EFFECT 10. 1 This By-Law shall come into force and effect upon final passing. • READ A FIRST AND SECOND TIME this 16th day of November , 1995 . READ A THIRD TIME AND FINALLY PASSED this 16th day of November , 1995 . r "t7k- -.4-*-°r"Ati-t -115K-(A ,` 1/4 :-.-- GP, is'":adidvt, d_Ze.1:1 C • f • te tI R' 4 SCHEDULE "A" TO BY-LAW NO. 95-07 1 . RESIDENTIAL BUILDINGS New Single Family Dwellings $30.00 plus Multiple Dwellings .25 per sq. foot Additions to Dwellings (Living area of all floor will include finished areas in basements. ) Attached garages, carports, indoor swimming pools, $30.00 plus solariums and any roofed over decks or porches, etc. . 15 per sq. foot To construct an accessory building & renovations $25.00 plus eg: sheds, garages, carports, greenhouses 3.00 per thousand 2 . COMMERCIAL INDUSTRIAL, INSTITUTIONAL BUILDINGS New or Renovations $45.00 plus 3.00 per thousand Swimming Pools - Above ground $30.00 - Inground pools $40.00 - Public swimming pools $40.00 plus 3.00 per thousand Sign Permits $35 .00 3 . MISCELLANEOUS (a) Temporary Mobile Homes $40.00 plus any conditions laid out by Council (b) The Chief Building Official may authorize the transfer of a permit to another contractor if the permit holder gives written permission. The fee for this service is a minimum $15.00. 4 . DEMOLrnON 1 . Any structure other than referred to in section 2.4. 1 . 1 . (2) of the building code. • 2. Structures falling under section 2.3.2. 3. ( 1 ) $25 .00 per unit 5 . EXCEPTIONS Inspections carried out for construction or installations falling under the Building Code that do not have a building permit in place, carry a $40.00 inspection fee. 1 . Change of use permit $40.00 2. Conditional permits as required under subsection 8(3) of the Act, and meeting the requirements of 5 .9 to 5 . 9(V) fees for the complete project are required based on the applicable fee schedule in this by-law. . 1 VILLAGE OF VIENNA BY-LAW NO. 95-07 WHEREAS Section 7 of the Building Code Act, 1992 empowers municipal Councils to pass by- laws respecting construction, demolition and change of use permits and inspections. AND WHEREAS the Council of the Village of Vienna is desirous of enacting a by-law under Section 7 of the Building Code Act, 1992. THEREFORE THE COUNCIL OF THE VILLAGE OF VIENNA ENACTS AS FOLLOWS. 1. SHORT TITLE 1 . 1 This By-law may be cited as "The Building By-law". 2. DEFINITIONS 2. 1 "Act" means the Building Code Act, 1992, as amended. 2.2 "Building" means a structure occupying an area greater than 10 square metres consisting of a wall, roof and floor, or any one or more of them, or a structural system serving the function thereof, including all the works, fixtures and service systems appurtenant thereto, and includes such other structures as are designated in the regulations. It does not include the replacement of roofing metal or shingles nor minor repairs providing the structural system is not involved or altered. 2.3 "Building Code" means the regulations made under Section 34 of the Act. 2.4 "Chief Building Official" means the Chief Building Official appointed by the By- law of the Village of Vienna for the purpose of enforcement of the Act. 2.5 "Farm Building" means a farm_building as defined in the Building Code. w • 2.6 "Permit" means written permission or written authorization from the chief building official to perform work regulated by this by-law and the Act. 2.7 "Plumbing" means plumbing as defined in Section 1(1) of the Act. 3. DUTIES AND POVVERS OF THE AUTHORITY HAVING JURISDICTION. 3. 1 The Authority having jurisdiction shall administer this by-law and keep records of all applications received, permits and orders issued, inspections and tests made, and shall retain copies of all papers and documents connected with the administration of this by-law, which will form part of the public records. 3.2 The Authority having jurisdiction may: • 3.2. 1 Enter any building or premises at a reasonable time for the purpose of administering or enforcing this by-law. The reasonable time for entry is 7:00 a.m. to 9:00 p.m. • By-Law No. 95 - 07 - 2 - 3.2.2 Cause a written notice to be delivered to the owner of any property directing him to correct any condition where in the opinion of the Authority having Jurisdiction, that conditions constitute a violation of this by-law. 3.2.3 Order the owner to stop work on the building, if it is proceeding in contravention of this by-law or if it is an unsafe condition. 3.2 .4 Direct that tests of materials, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted at the expense of the owner, where such evidence or proof is necessary to determine whether the material, device, construction or foundation condition meets the requirements of this by-law. 3.2.5 Revoke or refuse to issue a permit where, in its opinion, the results of tests referred to clauses 3.2.4 are not satisfactory. 3.2.6 Order the removal of any building erected or placed in violation of this by- law. 4. PERMITS 4. 1 Classes of Permits with respect to the Construction of Buildings shall be as set out below: 4. 1 . 1 Building Permit - Required under subsection 8( 1 ) of the Act. -May include plumbing and/or farm buildings and/or heating, ventilation and air conditioning permits. 4. 1 .2 Plumbing Permit - Formerly issued under by-laws made under the Ontario -Water Resources Act. May be classed under building permit. 4. 1 . 3 Conditional Permit - Authorized under subsection 8(3) of the Act. 4. 1 .4 Change of Use Permit - Required under subsection 10( 1 ) of the Act. 4. 1 .5 Demolition Permit - Required under subsection 8( 1 ) of the Act. 4.2 To obtain a permit the owner or his authorized agent shall file an application in writing on the form prescribed by the Chief Official, and pay the fee prescri bed for such permit. 4.3 Except as otherwise permitted by the Chief Official, every applicant shall : 10 4.3. 1 Identify and describe in detail the work and proposed occupancy to be covered by the permit for which the application is made; ' 4.3.2 Describe the land on which the work is done, by a description that will readily identify and locate the building lot; ir 4.4 Except as otherwise permitted by the Chief Official, every Application shall: 4.4. 1 State the valuation of the proposed work including materials, the labour, and be accompanied by the required fee; 4.4.2 State the names, addresses and telephone numbers of the owner, authorized agent, architect, engineer, or other designer and constructor, and; s ti • By-Law No. 95-07 - 3 - 4.4.3 Be accompanied by a written acknowledgement of the owner that he has retained an architect or professional engineer to carry out the field review of the construction where required by the Building Code, and; 4.4.4 Be signed by the owner or his authorized agent who shall certify the truth of the contents of the application. 4.5 Where a permit has not been issued and the information in an application changes, the applicant shall notify the Chief Official in writing of the changes. 4.6 An application for a permit may be deemed to have been abandoned and cancelled six (6) months after the date of filing, unless such application is being seriously proceeded with. 4.6. 1 Where the construction of the building is, in the opinion of the Chief Official substantially suspended or discontinued for a period of more than one year, the Chief Official may revoke a permit. 4.7 No owner or authorized agent shall move any buildings into or within the Village of Vienna without first obtaining a Building Construction Permit and Moving Permit. 5. PLANS AND SPECIFICATIONS 5. 1 Sufficient information shall be submitted with each application for a permit to enable the Chief Official to determine whether or not the proposed work will conform with the Act, the regulations thereunder and any other applicable by-laws or statutes. 5.2 When required by the Chief Official, plans and specifications shall be provided. 5.3 Plans drawn to scale upon paper, cloth or other substantial materials shall be clear and durable and shall indicate the nature and extent of the work, or proposed occupancy, and shall include one of each of the following: 5.3. 1 Site plans. 5.3.2 Structural drawings. 5.4 Unless otherwise permitted by the Chief Building Official in writing, the site plan referred to in Section 5.3. 1 shall: 5.4. 1 Be drawn to scale. 5.4.2 Show the dimensions of any building existing and proposed and it's relationship to adjoining buildings, parking spaces and their location, off street • loading areas, location of driveways, landscaped areas, signs, fences and all other structures, drains and such other information as the Chief Building Official may require. 5.4.3 Indicate finished grades and elevations; 5.4.4 Show the information relative to drainage; 5.5 Unless otherwise permitted by the Chief Official in writing the structural drawings referred to in section 5.3.2 shall; o 5.5. 1 Show the structural elements required to frame and brace the stru cturra horizontally and vertically. . By-Law No. 95Ø7 - 4 5.5.2 Sections and details must be sufficient to enable these to be checked; 5.5.3 All loads and conditions of loading shall be noted on the drawings; 5.5.4 Show all structural steel indicating sizes and shapes in their proper location together with the type of steel used; 5 .5 .5 Show any reinforced concrete work and indicate thickness of concrete, size and spacing and type of reinforcing steel, the strength of concrete and minimum thickness of concrete cover to steel reinforcement; 5.5.6 Show all lintels with their location and size. 5.6 In lieu of separate specifications, the Chief Official may allow the essential information to be shown on the plans; • 5.7 Where a permit has been issued, application shall be made in writing to the Chief Official for any revision of the permit before any change is made. 5 . 8 Where application is made for a demolition permit under subsection 8( 1 ) of the Act, the application shall: 5 . 8. 1 Contain the information required by clauses 4. 3 . 1 to 4. 4 . 4 . 5 .8.2 Be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the cutting off and plugging of all water, sewer, gas, electric, telephone or other utilities and services. 5 .9 Where application is made for a conditional permit under subsection 8(3) of the . Act, the application shall: 5.9. 1 Contain the information required by clauses 4.3. 1 to 4.4.4 5.9.2 'Contain such other information, plans and specifications concerning the complete project as the Chief Building Official may require. 5.9.3 State the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted. 5.9.4 State the necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals were obtained. 5 .9.5 State the time in which plans and specifications of the complete building will be filed with the Chief Building Official. 5 . 10 Every application for a change of use permit issued under subsection 10( 1 ) of the Act shall be submitted to the Chief Building Official, and shall: 5. 10. 1 Describe the building in which the occupancy is to be changed, by a ' description that will readily identify and locate the building. 5 . 10.2 Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made. 5. 10.3 Include plans and specifications which show the =tent nt and proposed occupancy of all parts of the building, and which contain sufficient information to establish compliance with the requirements of the Building Code, including: floor plans; details of wall, ceiling and roof assemblies identifying required fire resistance ratings and load bearings capacities. By-Law No. 95 - 07 - 5 - 5 . 10.4 Be accompanied by the required fee. 5. 10.5 State the name, address and telephone number of the owner. 5 . 10.6 Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application. 5 . 11 Where an application for a permit or for authorization to make a material change to a plan, specification, document or other information on the basis of which a permit was issued, contains an equivalent material, system or building design for which authorization under section 9 of the Act is requested, the following information shall be provided: 5 . 11 . 1 A description of the proposed material, system or building design for which authorization under section 9 of the Act is requested. 5 . 11 .2 Any applicable provisions of the Building Code. 5. 11 .3 Evidence that the proposed material , system or building design will provide the level of performance required by the Building Code. 6. FEES 6. 1 Fees for a required permit shall be set out in Schedule "A" to this by-law and are due and payable upon submission of an application for a permit. 6. 1. 1 Fees payable in respect of an application for a change of use permit under Subsection 10( 1 ) of the Act are based on a flat rate of $50.00 as set out in Schedule "A " . 6. 1 .2 Occupancy Permits - may be issued if requested. 6.2 . Where the fees are based on the cost or valuation of the proposed work regulated by'the permit, including the cost of all material , labour, equipment, overhead and professional and related services. 6. 3 The Chief Official may place valuation on the cost of the work and the applicant shall pay the prescribed fee before the issuance of the permit. 6.4 The permit fee may be recovered if the project is abandoned with a minimum payment of $40.00 for administration cost. Any permit worth less than $40.00 is non-refundable. 7. TIME OF NOTICE OF INSPECTION, RESPONSIBILITY AND DUTIES OF THE OWNERS 7. l The Person to whom the permit has been issued shall notify the Chief Official of: 7. 1 . 1 The proposed commencement of construction of the building, two or more • working days prior to the commencement thereof; 7. 1.2 The completion of construction before occupation, within two working days prior to occupation of the building; 7.1.3 The change in the class of occupancy of any building, or part thereof; 4 By-Law No. . 95 - 07 - 6 - 8. PROVISION FOR OFFENCES 8. 1 Any person who contravenes any provision of this Act, or the regulations of any by-law passed under the authority of this Act, is guilty of an offence and, upon summary conviction is liable to a fine or imprisonment, as provided by the Act . 9. BY-LAWS WHICH CONTRAVENE THIS BY-LAW 9. 1 By-Law No, 734 and any other By-Law which contravenes this By- Law is hereby repealed. 10. EFFECT 10. 1 This By-Law shall come into force and effect upon final passing. • READ A FIRST AND SECOND TIME this 16th day of November , 1995 . READ A THIRD TIME AND FINALLY PASSED this 16th d a y of November , 1995 . ,x F �j C ERIC • a SCHEDULE "A" TO BY-LAW NO. 95-07 1 . RESIDENTIAL BUILDINGS New Single Family Dwellings $30.00 plus Multiple Dwellings . 25 per sq. foot Additions to Dwellings • (Living area of all floor will include finished areas in basements.) Attached garages, carports, indoor swimming pools, $30.00 plus solariums and any roofed over decks or porches, etc. . 1 .5 per sq. foot To construct an accessory building & renovations $25.00 plus eg: sheds, garages, carports, greenhouses 3.00 per thousand 2. COMMERCIAL INDUSTRIAL, INSTITUTIONAL BUILDINGS New or Renovations $45 .00 plus 3.00 per thousand Swimming Pools - Above ground $30.00 - Inground pools $40.00 - Public swimming pools $40.00 plus 3.00 per thousand Sign Permits $35 .00 3 . MISCELLANEOUS (a) Temporary Mobile Homes $40.00 plus any conditions laid out by Council (b) The Chief Building Official may authorize the transfer of a permit to another contractor if the permit holder gives written permission. The fee for this service is a minimum $15.00. 4 . DEMOLITION PERMITS 1 . Any structure other than referred to in section 2.4. 1 . 1 . (2) of the building code. 2 . Structures falling under section 2. 3.2. 3. ( 1 ) $25 .00 per unit 5 . JXCEPTIONS Inspections carried out for construction or installations falling under the Building Code that do not have a building permit in place, carry a $40.00 inspection fee. 1. Change of use permit $40.00 2. Conditional permits as required under subsection 8(3) of the Act, and meeting the requirements of 5 .9 to 5 .9(V) fees for the complete project are required based on the applicable fee schedule in this by-law. 1 THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAV NO. 0 g BEING A BY-LAW TO AMEND BY-LAW NO. 90-12 WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to amend its Zoning By-law No. 90- 12; THEREFORE, the Council of the Corporation of the Village of Vienna enacts as follows: 1 . THAT By-law No. 90- 12, as amended, is hereby further amended by amending • motion 11,3 Exception ,- Parks al. . Open Suacc (OS) Zone by adding the following subsections: " 11 .3.2 11 .3 .2 . 1 QçJ'jned Area OS-2 as shown on Schedule "A" to this By-law. 11 .3.2.2 PcrrniltcJ tics One single detached dwelling in addition to all other uses permitted in the OS zone. 11 .3.2.3 Etrmitttd Builder and Strughini Buildings and structures for the permitted uses in accordance with plans and grades which have been approved in writing by the Conservation Authority." 2. THAT By-law No. 90- 12, as amended, is hereby further amended by amending Schedule "A", by deleting from the Parks and Open Space Zone (OS) Zone and adding to the Special Parks and Open Space Zone (OS-2) Zone, those lands enclosed in heavy solid lines and marked OS-2 on Schedule "A" to this By-law, which schedule is attached to and forms part of this By-law. 3. THIS By-law comes into force: a) where no notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or • b) where notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS DAY OF Z7c--- , 199 READ A SECOND TIME THIS ' DAY OF G , 199 .. READ A THIRD TIME AND FINALLY PASSED THIS / DAV '�_ � , Ambikaliiidod 4. ' ' LERK � tia . te VILLAGE OF VIENNA SCHEDULE A , ,,..., .i . . . , . f \# #<111ta111an1... % '' .° . t \ I . i vii Nej t I • 0.. .—�.1�• • ... ��. �■ .pd..— = — ~- .N. • r=r sioalja I w ' - \ ___________\ 1 �' �' ..-r - -- ap filigaralRicomitwaw . ..AA -1141100.0111w Clek 00S lio 13."•+,, \ 1 . I. 6.100 101111 k, 1 1361100 l0. \-. F 1 � \Olio, �' � ` f a ! 08--2 ael% , , 1101411 WS 1110 \\ ' ' ‘ 40' fillil ....--' 1 Olgaiialgo3 ellirlaii , I .41.111. 1. ,t moan "IIIW! 4iill k SW i tam 41 it-.‘ 0,, 0,,, # 3,40 04.41 . • , -. ,f . THIS IS SCHEDULE "A " TO BY-LAW NO.9 0 PASSED THE / i 7 `DAY OF bac4v144.4 , 199 3...' i(--- ) 0 100 200 300 . 400 .._ r .4 •a1 _ ...f < 6 ' RK SCALE 1 : 7500 4 _. , w • THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. BEING A BY-LAW TO AMEND BY-LAW NO. 90-12 WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to amend its Zoning By-law No. 90- 12; THEREFORE, the Council of the Corporation of the Village of Vienna enacts as follows: I . THAT By-law No. 90- 12, as amended, is hereby further amended by amending $ ctioii 11 .3 Except' 1 s - ' = ks and 0 • t • OS n . by adding the following subsections: " 11 .3.2 • 11 .3.2. 1 12sfined Arcg OS-2 as shown on Schedule "A" to this By-law. 11 .3 .2.2 F.cnnitted Uao One single detached dwelling in addition to all other uses permitted in the OS zone. 11 .3.2.3 Jtrmittd Buildings and Structhrs Buildings and structures for the permitted uses in accordance with plans and grades which have been approved in writing by the Conservation Authority." 2. THAT By-law No. 90- 12, as amended, is hereby further amended by amending • Schedule "A", by deleting from the Parks and Open Space Zone (OS) Zone and adding to the Special Parks and Open Space Zone (OS2 ) Zone, those lands enclosed in heavy solid lines and marked OS-2 on Sc "A " to this By-law, which schedule is attached to and forms part of this By-law. 3. THIS By-law comes into force: a) where no notice of objection has been Bled with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) where notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS DAY OF brc- , 199 READ A SECOND TI M1 THIS ' DAY OFLec- , READ A THIRD TIME AND FINALLY PASSED THIS / g74" � DAY of � , l '�9 . ;, E CLERK • : . VILLAGE OF VIENNA SCHEDULE A r _ • .i .....................•..•qiiill ..fir s ' - i \.# 0 . •• , ilit* cC:\ % vijilili .�.�• TAEf T 1......+. • �` • 4;IIM miiiiilif \ 11E010 MM. MI 1111.111111 1\ riliwo 11: 1 t soor tilio , mess= , \ °jail- All.11111111VA . 1 / I 'Oil. • ill 1 /ISS \%1% .. I ' OS2 ; I t \ 11:0711111 r %IA 101 ‘,› " ' ..La''%VW r ,rr % lot •4, - I I ill?----.: -. ‘- - ir•tieig 00 rirl \ 110 1 1'•% i , A v.4 rntt11. o , ,.% 4 w --"- // 4`1 00 *k, r1:1 1 0.-igl . w virA0 41* 441 . AIf THIS IS SCHEDULE "A " TO BY-LAW NO.7.5 PASSED THE / &DAY OF 6.2 ,- * n-` ( r 199 ? r t 4.‘". 1 IIV: ' 1Ot� 200 300 • +�Oi? i ,..) �A,-4... .cieL,, �� t i < . - - N � SCALE ` 7500 1 . THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAV NO. a 4g BEING A BY-LAW TO AMEND BY-LAW NO. 9042 WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to amend its Zoning By-law No. 90- 12; THEREFORE, the Council of the Corporation of the Village of Vienna enacts as follows: 1 . THAT By-law No. 90- 12, as amended, is hereby further amended by amending Section i 1 .3 Excesori - Parks and O en Space CM/2N by adding the following subsections: " 11 .3.2 11 .3 .2. 1 Paned Area OS-2 as shown on Schedule "A" to this By-law. 11 .3.2.2 Permitted Uses One single detached dwelling in addition to all other uses permitted in the OS zone. 11.3.2.3 £ rrnittd Builder and Strughtm Buildings and structures for the permitted uses in accordance with plans and grades which have been approved in writing by the Conservation Authority." 2. THAT By-law No. 90- 12, as amended, is hereby further amended by amending Schedule "A", by deleting from the Parks and Open Space Zone (OS) Zone and adding to the Special Parks and Open Space Zone (OS-2) Zone, those lands enclosed in heavy solid lines and marked OS-2 on Schedule "A" to this By-law, which schedule is attached to and forms part of this By-law. 3. THIS By-law comes into force: a) where no notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) where notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS DAY OF Zr c.- , 199 4 READ A SECOND TIMET I ' DAY OF bte-- , 199 ,' READ A THIRD TIME AND FINALLY PASSED THIS / g74. c 7 DAYOF � , I39s. Adi RE V 5 ERK . . . VILLAGE OF VIENNA SCHEDULE A „,eI .... . ....... • a ! 7---:, : -,„ . ,„,,,....-1 =, :,,\)- - i - --1---- i,„.: :-..- - ce:\-- ; i \ I . •••• • •. .117 lir. .> \\\<\ \ \ limpillp41 .0.. • ..m..... ..m.. ..] 4aftla... -------- -,.. .,R 4110 ;MO / ' , TWO . \--- ck 001��a —__ —� NE --- —_' -- 1 VOIlliamikA 1 ,___T____H • gariii.t!iiiiogiogiirsoi \s. ••....••••,...w . "Zglill ill. 101114 \ ;.•rraininoldin0.1 1 k101is 111010,„.0 I •� \ la wet�\ *I. 1 • ill° 1111.1.0. 1\ 1 I i \Ss '-- � _ i 084-2 1 I ', 01.211120 la , so ,„1 lig \\,,,,‘, \\/V ti 11111Wilaill 4'‘ '‘ .''' '''''.<:.4-1-- 1 iiii .. . ..111110001ra VI VA ' ,,-"fh .41 , ;i I 7-- .4M ‘ ialiatt1,1 1 11� � ti 1 •;-4pleo. P , -/l t , ) § - • til - 'L /411;ktr.' -...„ 4 - i THIS IS SCHEDU BY-LAW7 -5�. C V �E A TO f��7. PASSED THE /k DAY OF btc4/"-‘b44. , 7 99 0 100 200 300 . 400 ee 1 Sabilma : !‘,..-. . . e.. . ,. .... . „ .. . . iier., 1 . . SCALE 1 . 7500 ,.., 1 , .., ...I \ ) 4. THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. q- 69 BEING A BY-LAW TO AMEND BY-LAW NO. 90-12 WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to °mend its Zoning By-law No. 90- 12; THEREFORE, the Council of the Corporation of the Village of Vienna enacts as follows: 1 . THAT By-law Nu. 90- 12, as amended, is hereby further amended by amending the Residential First Density (Ri ) Zone, i • r - • lat. • • • 6 &Edina by deleting subsections c) and d) in their entirety and replacing them with the following: "c} Maximum Height - 4.5 metres ( 15 feet). d) Maximum Floor Area - 65 square metres (700 sq. ..)" 2. THIS By-law comes into force: a) where no notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) where notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS / DAY OF Dectrfliur , 199 READ A SECOND TIME THIS DAY OF Z4vc•r"11.1e , 199 c READ A THIRD TIME AND FINALLY PASSED THIS /t#'DAY OF 1 c. . 1995' A As 40h. E E CL RK THS CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. 9S" 69 BEING A BY-LAW TO AMEND BY-LAW NO. 90-12 WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to amend its Zoning By-law No. 90-12; THEREFORE, the Council of the Corporation of the Village of Vienna enacts as follows: II . THAT By-law No. 90.12, as amended, is hereby further amended by amending the Residential First Density (R1 ) Zone, Swim 5. 11 - $eQglticiaS for Acceim %aim by deleting subsections c) and d) in their entirety and replacing them with the following: "c) Maximum Height - 4.5 metres (15 feet). d) Maximum Floor Area • 65 square metres (700 sq.ft.)" 2. THIS By-law comes into force: a) where no notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) where notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal.) Board. READ A FIRST TIME THIS itiliDAY OF De ce M iu r , 1995 READ A SECOND TIME THIS / OF .D•c••••bme , 199 • READ A THIRD TIME AND FINALLY PASSED THIS / AY OF be c , , 1995 THE CORPORATION OF THE VILLAGE OF VIENNA BYLAW NO '7s" 69 BEING A BY-LAW TO AMEND BYLAW NO. 90-12 WHEREAS the Council of the Corporation of the Village of Vienna deems it necessary to a:nend its Zoning By-law No. 90- 12; THEREFORE, the Council of the Corporation of the Village of Vienna enacts as follows: 1 . THAT By-law No. 90- 12, as amended, is hereby further amended by amending the Residential First Density (RI ) Zone, 1 ' • t - ; • fat' , • • Buildings by dcle4.ing subsections c) and d) in their entirety and replacing them with the following: "c) Maxlmwnlieight . 4.Smstrcs (15f.et). d) Maximum Floor Area - 65 square m (700 aq.n.)" 2. THIS By-law comes into force: a) where no notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) where notice of objection has been filed with the Village Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRSTTIME THIS 1g -tA#DAY OF J ccm s 1996" READ A SECOND TIME THIS igiL DAY OF c*m , 199 i READ A THIRD TIME AND FINALLY PASSED THIS ////"DAY OF be c. . 199 . • ` YE CL RK ..,< • •1 • THE CORPORATION OF THE VILLAGE OF VIENNA BY-LAW NO. 95 - 10 BEING A BY-LAW to authorize the Reeve and Clerk to sign the necessary documents in regard to an Agreement of Purchase and Sale of property located at Part lot 17, Concession 3, Township of Bayham READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF DECEMBER, 1995 110p •REE qk CLCIRItt File: Bylaws/9510byl r. p. • p • . 1 ,.t ( I,. ,i LONDON AND ST. THOMAS REAL ESTATE ,BOARD 0 • f AGREEMENT OF PURCHASE AND SALE IL nEAu,ror' PURCHASER, The Corporation of the Village of Vienna , orient to huy from . VENT)OR. James Bradley Howe & Ronald Craig Howe . that fn 1Rwir g PROPERTY: being part of Lot 17 , Concession 3 in the Township of Bayham containing 17 acres more or less and being shown in red on Schedule "A " . AT THE PURCHASE PRICE OF Thirty- seven Thousand rive Hundred - - -- Canadian (s can 3 7 , 500 , 00 f thc (cttowifi %«t: 410 The Purchaser agrees to pay the purchase price by certified cheque on closing subject to adjustments . 2 . The parties agree that Schedules "A " and " B " are attached to and form part of this offer . l f \''b 3 • 1 .c 1/4-1- r CL& 5e_ i) VA G - t' .c r� S \e\o,\\ 16 Q. a lkS ` U` '0 (., 1 � 0Atr Prk � �a-3. ratomoo` A-L` u\ k" !� Vt6* - 0 A t'v it_ 0- ce,A. ck cL• & o c CeLivo- srA.44. 6 A ' CAO Sln / 9f 0 i 1 i t N.A: . )/44-) 4111,4:,..„ 4. ]hut women( stall constitute an irrevocable oocr to oil by the Vosdoc cat to purchase by the Purchaser, u the we may be, told, . •.r ip.m on the 23rd dray of December _ . 19 9 5 afizz winch time if not arceixed and tJOellmunaexteti to the Vendor or the f`urchuar, •s the Caac may be. this o1'.t shall became null and void and sl) devout maim returned without interest S. Thu Agreement snail tie vmp:oed or: the 7th . day o' _ March . 19 9 9 aper: c omma:on. view pogottiot of chs Sperry shall be rye) to Purchaser unless otheewi a provided as follows- 6. Pure#sader aux be sllowrce tins 4;59 p tn. 2 0 d ay s prior .t o closing (the regt;ittitiort dais), to, at his own mew, examine the titin to the property to satisfy tuuaaif that there are no oucstandng work orders ming the prop y, lliCb[0MICWi .. . . • WM B4 irOWINCOMOSS00113013163tRattidC II ME 7 Provided that the title to the property is hood and (ret from all reetr ictinns. chews, I rcsii. claim and atac:aubr iiow, neer at ocncrvr4e specifically provided in t.h.ts Ag rat re s:;; and ss tic and envoi for X XX DOCIMO i1%XI(ft)CM 3 Cat r 4 ti 6a'K it,} soy reed a rerun to with a municipality or a :upptier o!utility aarvios including, without limitation, eleotrizicy, ter, sewage, gat, telephone or cable television or other telecommunication aimMoe• parovidi j tutt have barn complied with or security has born posted to ensure compliance dad oosryieoioe as evidenced by Iettu tram the relevant namidpality or utility supplier. KM(heOivM2t�47M� 0�'0tI RXOCOM M ax iigi� p syx f8111did0l li Xiiir3tii la?.l eta Rabic lialoaXpbytipliii (d) any minor enacmenu for the s'pply of utility tiervioe to the property or to adjacent propertied. r within the time for mmitirig the tick anyntid objection to title, ce any oetstancing work under or delleiatey police, orb the bct that the sady pr : sae may not lawfully be 'aced. or that the want! building may not be insured glint risk of Gra, b made in writing to Vann r or Vendor's *ticitor. which Veuclor is unable or unwi ltni to remove, remedy misty. and whichPurchaser willnot waive. this Agreernott. notwithstanding any inicrmediats hat or na`otiaticrns sn respect of ugh objections. stead be at an end sold All money theretofore nn paid shall be returned without greeter or dsducuoo and Vendor and Mi Agents 'hall not be labia for any CMS or damages Save as to any valid objection so nsaba within ouch tike, and except for any objcebor: Roue to the rout or the tale. Porch sa shall be aanciusiveiy deemed to have accepted Vander's title to thc properly. Veodor hereby oofsena to any government. hurling of regulatory euhunty releasing to Purchaser details of all outstanding order or deficiency notices affecting the Property, dad Vendor meet to mute and deliver to Purthesee or his sotiotor. prior to the requisition date. etude Nether authorization in thit regard as Purchaser may piepara ansd rear aabty require- 2300000DPOYMMin MC NOME W AKIRIMMION)131=1511121011403=2=triloacsmi DG11110011VgralMSIMOZ IMAM Pant dloSitlint WOCadia001011)41011CONINEONIE 9. vendor and Purchaser agree that there is no ooadition. Negress or implied, reperacatstioo or wsrtssty of any kind that the future intended tae of the property by Purchaser it will be lawful swept u may he vodka, st ioutsied ekewbar• in this Arreaneot it Purchaser sball not no irir the production of any title d!, abeas & stwvey or other erid.os s ' title to the property except curb as are in the poseeeeioe or oontroi of Vendor. vel acres tart. it requssed by tbt Nrctsassr, be will deliver any &aid or Servey of the progeny In his possesion or within his control to Purchaser as Loon as possible and prior to the 1equietuoo date. le the event that a dscAsrge of say reortpge or abases held by a corp ration incorporated pursuant to the Lean Companies Act (Canada), Chartered Bank. Trot Company, Credit Ueien Or lnnuaner Carapany and wlsieh is toe to be ssautnead by tae Purchaser est tisapiedoo is tact: arulable in Vendor'stteiiaata�r'j a form oo tomplttt�, the Ptirchtaer are" to emerge the Vendor's personal undertaking to obuin, out of the closing fund a discharge or clouded of chute in m istrsbk form and to repass Lams on title w t ir. a reasonable period of time after completion. provided that on or before eomptacion the Veodor shell provide to the Purchaser a mortgage trtate acct prsp..red by the mortiszte setting out Ow taRlanoe required to obtain the diacharje, togctb r with a direction mimed by tMt vendor directing payer to the mortgagee, of the unman( required to obtain the &c arae nut of t}>rc. balarcs du* oa c et pietso n 11. All but;dings on the property dee all other thing being purchased shall be and remain until completioa at the risk of the Vendor. Pentkag oa>igisdor. Vader swill hold all u wax ce paiciu. a toy. and the proceeds tbcr.ot in truce for the pert* as Char interests may ripens and in the evert of stabstantiu damage, Purchaser may either =AM this Agre meat and have all =Cal thertetofort paid rehrnod w,itlsout interact or dedverian of tilt take the proceed, of any insurance and compete the ptuenaae. No insurance tlbtll be transferred or. enmpktiou. If vendor is taking beck a mortgage or a cared, ax PUrctsas r b aaUming a morose or a chime, Purchaser shat supply Vendor with rottisonable rvidsoce of aribluala insurance to protect Ott Vendor's Or other Qmartp.'s interest on aampistion. 1:1 1 ovided that this Ag?etc»sanc shall be eductive in chase an imasrset in the property only if the twbdivltion control frruriaiaa of 'Me Ptaimie% Act are corriptied with by Vendor oe or before emir tenon tad Vendor hereby covenants to precees d dilirtedy at his ape= to obtain any 000esnary ore meat on or before completion. . 13. Purtbaser 4411 be credited towattls the Purchase Price with the amort, if any, which h sMLll be oeeaeaary for Pet .ser to pay to the Manner of Naoatul Revenue in order to satisfy . Plirthaatras liability in riepeet of oat payee by Vendor 'wider the neerrentisacy provisions of the Income Tu Aa by reaaoc of this wale Purchaser shalt not claim saris credit Lf Vendor 4ehymn on eompleooet the prsserfbed certificate o t oro statutory de aratioe that he is not then a of Canada_ j4• Ftw11 tMOrtrage tfst1 interim, teats, tett improvemeslts, water a ue st rates end t?ttr e. of fnd shall be apportioned and snowed to the date of completion (the day i 4f to be apportions; to 15 The Twofer/Decd shall, save for the Land Transfer Tax Affidavit, be prepared in regieterable Corot at the t,tperss of Vendor, aid any mvctptc or a ening to be givill beat by the Purrhaaer to the Vendor at the goners of the Prrrinaier. If requested by Ptrcitaser, Vend& covenants that the TrstssierfDeod to be delivered on mmplltetion shall contest the staterner:ts ecereatpUt.ad by Claire 50 (2 t sxa), (b) and (c) of the Manning Act. 1961 ib. Tome shin to all respects be of the woes hem( provided that the time for doing or convicting of my mar provided for betties may be extended or abridged by en asreenttnt to wnone rgtned by Vendor and Purchaser or by their respective 0151600n who may be specitoa$y authorized in Mot mord. 17 Any tendo a doe maim or maul )%eroarader say be mads epos Vendor or Pero issuer Of that re osaht solicitors oa the day tat for eompfaion a this Agreement. Money may be tendered by bank draft or chew certified by a Charleroi Doak. Trost Ca npsey, Proviooe of Ontario Saving' Of OMor, Credit Union or Cafes Pv ulafrs. 1 S. The Ven84► •mtnrto that spousal MOW te rot asemwry to obi transaction tux* the Family Law Ad union the VeodoVa sponse !nes maned the aeosant hereinafter provided. 9. THL PURC7LASER IS KERUY NOTE= THAT A CONSUMER REPORT C0YTAJ 4TNC CREDIT AND/OR PERSONAL LN1rORMAT30N MAY et RLFERAID TO N CONNECTION WITH THIS TRANSACTION. 10. The parses and agree that soy fader of counter oda may be made at & e ited by the partici by tsisQsa,. seine or deeinsila. Any such aCpRarnet shall be deemed oamenunicetsd at the bons and dale id aerteling, 11. Any notice required max permitted to be gives is dile Agreacwr,t :hap be a verities are may bs as da !y given by Psnvosl service, or by tending same by telex, telegram OT fsesi mile, to the other party at the addresses set out basion or by leaving it as the sddreeses set out Diner. Arl notices shall be domed to bars been validly and effectively riven at the surae and date of tervict 'where personally served or at the time and dies d()silvery wine talo ar the party's addressor at the time and date of sandiai wbaa: seem by telae, ttterani or facsimi e- Ven4ors Address(es) Poldlillnit Ai*M1(.$) • for service . .�.. .,+.�..._ Ilk _ . r$ kw ser ice . . .` _ .. . . ....„. Telepiacac - .__ _ PAX era far serviette '`--. --......._.-_ -- 'mss; —. —- ....... ZL Union otherwise speeded i• this wergild it is ondersised ossa an braises iswoivad Is tis wommedon sera worldwg for the Ve+ador, Peadlimeme en as *any to stet agency repreeeeitsekie frost s brokm awdor s cestreet or receive wetosoer service from the V eedarl broker. . 23. If there is conflict boners sary whetee or typed in this Armand (including soy S eta) to this Aprrasd) my peevisioss in the wilted portio' hared, the .Tates, Or typed prvvidoo tori the printed provision to the Woo 01 /Mob conflict Ibis Amt bel.Aiag mall' Seiseelein Witched hereto, shall cometitiric the entire Agreement between the Puxhuer aid Vander. There is no represeviteticia, warranty, eelaterel aprne.net or eoadidos. whether direct or oollatRel or expressed or Unpiled. which Induced i` pay bent° t0 enter into tie Agreement or on wbiein roma ` Oiac.d by any arch qty, or w► 1 11116e11 this Ageeeenent or efts propane or wpperted harthr, either dente . repressed herein. TM Agreemeot the be reed with all dashes OSI smear or number required by the ooweeat :4. Purchaser seknolviedges hiving inspec ad the property prior to for Offer and that upea Vevey aceepdng this Offer there shalt bee bbdlstK err«tment or purchase and sale between Purchaser and Vendor. 25. The Vendor and Purchaser actinriwtecige end agree that in order to arrange a saii, any 'sleepers= or broiret diode may waist ie ern naine any morgan and may receive a fee from the mongagee for so doing. and, auilt rel actate salesperson Or broker is entitled to this fee. in addition to the commisnon herein or test' offer and comes a benefit upon the Pnrchaser as an ind000ethent to the Purchaser to enter into an agreement of purchase and sale. 26. 1f fhb crusacooe is subjsa to Goods and Service' Tax (G.S.T.) then such G.C.T. 'ball be in addition to and not included is the partisan price, and d1T. shall be colleted toed remitted in aecordstxr with applicable leeiRJetioet. If the trwoac iso is sot subject so (5.11.T., the vendor agrees to provide oa or before closing to the purttwe! or purchaser's solicitor a certificate candying the tnasm:doe is not subsea to G.S.T. i Dated at V , //a r % -e many, ek this DJ 51 of e P m 5 day 199 THE COR ' % -i" TION 0 • 1E VILLAGE OF VIENNA i• • lb q_...4---. 46 I / Reeve Aro .... OL .... /e,,t9 ... Clerk ' The undersigned accepts the above offer . Datedat �� thisofQ4ç19 9 sin �� (� r � c� day 4 Signed and Delivered' IN WITNESS E - - OF we have hereunto set in th = p esence a f : our hands :fit. �, TAwt► .. .. �+ ... 40: ! /■a • - •� : jiff �". 11 fefiw ii............„ ...... ,__,.. L.��ai. �.� 80-7 • ......... V= nd •I" • S . . / / _ . . . / .T '7i' 1 . BAY , C . illirit, i oRT SCALE I " = 2001 .) ' '' lel. 4) 1 i i 19 r‘) r it. � • 0 % „. (,Yi A di'ai Ern, A/ s ( ,141.17,- ... g A 4 (7 r N- i i 0°A; . 247exerst Z , pit , . , , r .l 1'1F i 1 1 cl) 9cal:gt / / 111 no , 4,-, 5. ,(1) 2Q 2,`,J,- -- __ cl .. - i S PAi 1° 157'9 111 Ww I a Si ty•_ \ / *1 11 a , • 1- cri ,1/4 11 k k • s, ° PEA " OR CHAS . *ifill'511 / 2045' 5 . a p ,, i) t 0 t I a '''.. • . a � \h;.-.11.:,- . G'..... ..° I / - i j..1.1.:,. ..••••• oselt's .z--- ,, ♦4 ..' • DR AFT 1) _ ! , . , 1 . . ' f i I , . CYRIL J. DEMEYERE LIMITED ill° CONSULTING ENGINEERS / T1L LSONBURG , ONTARIO DEC. 95 SCHEDULE "B " 1 . This offer is conditional on the following : ( a ) the Purchaser satisfying itself that there is no environ- mental or other problems in connection with the property , of which the Purchaser shall be the sole judge . ( b ) the Purchaser obtaining funding , a zoning amendment and • any approvals that it considers necessary to permit the construction and operation of a municipal sanitary sewage disposal works on the property . 2 . The parties agree as follows : ( a ) that notwithstanding the closing date elsewhere provided , the Purchaser may at any time give written Notice of Closing to the Vendor and sixty days thereafter the agree- ment shall be completed and vacant possession shall be given to the Purchaser . The giving of the Notice of Closing shall constitute the Purchaser ' s waiver of the conditions in paragraph 1 of this Schedule . Notice of Closing shall be sufficiently given if delivered to either of the Vendors or if mailed by prepaid registered mail addressed to the Vendors at R . R . # 2 , Tillsonburg , Ont . N4G 4G7 and if mailed , such Notice shall be deemed to have been received three days after the mailing thereof . If the Purchaser fails to give Notice of Closing on or before January 7 , 1999 , this agreement shall be null and void . 3 . The Purchaser agrees as follows : ( a ) that if Notice of Closing is given in April , May , June , July or August of any year , the Purchaser shall pay the Vendors reasonable compensation for any crop on the proper- ty that is lost . If the parties are unable to agree , then the compensation shall be determined under the Arbi- tration Act , 1991 . I/ ( b ) that the Purchaser shall , at its expense , provide the • Vendors with a registrable description of the property prepared by an Ontario Land Surveyor at least tcn days prior to closing . ( c ) that the Purchaser will pay the Vendors ' reasonable legal costs in connection with this offer and the completion of the purchase and sale . 4 . The Vendors agree as follows : ( a ) that they will not object directly or indirectly to the Purchaser ' s use of the property by the Purchaser or the rezoning thereof for the purposes of a municipal sanitary sewage disposal works , (b ) that the Purchaser may at any time and from time to time prior to closing enter upon the property with or without equipment and carry out any survey , inspection , test or investigation as it thinks necessary provided that it shall make good any damage caused by it to the property 111 or any crop . I 4 THE CORPORATION OF TIM VILLAGE OF VIENNA BY-LAW NO. 95 - 10 BEING A BY-LAW to authorize the Reeve and Clerk to sign the necessary documents in regard to an Agreement of Purchase and Sale of property located at Part lot I 7, Concession 3, Township of Bayham READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF DECEMBER, 1995 • REEV CL RK File: Bylaws/95lOhyl w, •