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2015/08/25
Schedule for August 25, 2015 4:15 In Camera Committee Room # 1 5:00 Council Meeting Council Chambers „ter r `�J' k urrot. ct--p4 The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public: and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001; and THEREFORE BE IT RESOLVED THAT on August 25, 2015 at 4:15 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider matters that fall under 239(c), a proposed or pending acquisition of land at 5855 Valley Way and a matter related to 239(2)(d), labour negotiations. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR 41. Ift 1 i S ' + w, I A X11 " alisrASP COUNCIL MEETING Tuesday, August 25, 2015 Order of Business and Agenda Package N l a g a i,a Faits CANADA COUNCIL MEETING August 25, 2015 0 Canada to be sung by Sydney Bergevin. ADOPTION OF MINUTES: Council Minutes of, July 28 2015 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time REPORTS/ PRESENTATIONS 5:00 — 6:30 P.M. 1. PBD-2015-38 - New Property Standards By-law 2. PBD-2015-39 - PLC-2015-003, Request for Removal of Part Lot Control, Lots 170-173 (Inclusive), Plan 260, 8452-8484 Willoughby Dr., Parkway Gardens, Applicant: W.S. Walters Construction Limited NOTE: Brian Sinclair has requested to speak to the matter. 3. MW-2015-09 - Winter Maintenance Policy Review REPORTS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F-2015-33 - Major Receivables Monthly (July) F-2015-34 - Municipal Accounts FS-2015-07 - Metrolinx Antenna License Agreement L-2015-26 - Consulting Agreement Purchase Order MW-2015-26 - Consultant Appointment, Niagara Falls Pollution Control Plan Update Study MW-2015-27 - Re-Appointment of Engineer Under the Drainage Act, Spriet & Associates, St. John's Marsh Drain Project PBD-2015-40 - PLC-2015-004, Request for Removal of Part Lot Control. Lots 72-75 (Inclusive) and 82-84 (Inclusive), Registered Plan 59M-395, Chippawa West Phase 2 Subdivision, Applicant: A.J. Clarke and Associates Ltd R & C 2015-11 MacBain Community Centre Renewal Agreements TS-2015-19 Swayze Dr — Speed Control Review TS-2015-20 Booth Street— Parking Review * k * k MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . World Federation of Mental Health — requesting that October 19th be proclaimed as "World Mental Health Day". RECOMMENDATION: For the Approval of Council. 2. Ontario Society of Occupational Therapists — requesting that the month of October be proclaimed as "Occupational Therapy Month". RECOMMENDATION: For the Approval of Council. 3. The Monarchist League of Canada — requesting recognition of September 9th commemorating the coronation of the Queen. RECOMMENDATION: For the Approval of Council. 4. Niagara Falls International Marathon — requesting the provision of buses and possible fee waivers related to road closures. RECOMMENDATION: For the Consideration of Council. 5. United Way — requesting the allowance of food trucks for their kick-off event and waiver of business licensing fees. RECOMMENDATION: For the Consideration of Council. 6. Celebrate Old Downtown — requesting waiver of fees associated with road closures for Escape Room and 21 Band Salute Events and relief of provisions of the Noise By-law related to the Niagara Falls Street dance and Niagara Music Awards events. RECOMMENDATION: For the Consideration of Council. 7. Arif Merani Memorial Fundraising Event — requesting the purchasing of a table at their fundraising event. RECOMMENDATION: For the Consideration of Council. Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. PRESENTATIONS/DEPUTATIONS 6:30 P.M. Niagara Falls Red Raiders Junior Girls U19 Basketball Team The Niagara Falls Red Raiders Junior Girls U19 Basketball Team will be recognized for their Ontario Cup Championship. Epilepsy Niagara Kristin Timmins-Welton, Executive Director, and Sarah Flanders of Epilepsy Niagara will be informing Council of their Trivial Pur-SHOE-it Walk-a-thon scheduled for Oakes Park on September 12th PLANNING MATTERS 7:00 P.M. Public Meeting: 26CD-11-2015-002 Plan of Condominium (Vacant Land) Southwest Corner of Mountain Rd & St. Paul Ave., (Part 1, Plan 59R-13519) Applicant: 1784355 Ontario Limited (Chris Hawkswell & Joe DiCosimo) Agent: Raimondo + Associates Architects Inc. Proposed: 16 Unit Vacant Land Condominium Background Material: Recommendation Report PBD-2015-41 * * * * * RESOLUTIONS 1 . THEREFORE BE IT RESOLVED that Niagara Falls City Council that Niagara Falls City Council consents to Centennial Square being the venue for the "21 Band Salute, considers the event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event and grants relief to the City's Noise By-law to allow amplified music until 11:00 p.m. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Mashing the Monster event to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. * * * * * RATIFICATION OF "IN CAMERA" MATTERS * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2015-91 A by-law to adopt a Consulting Agreement Purchase Order form. 2015-92 A by-law to designate Lots 49 and 50, Registered Plan 59M-401, not to be subject to part-lot control (PLC-2015-002). 2015-93 A by-law to designate Lots 72-75 (inclusive) and Lots 82-84 (inclusive), Registered Plan 59M-395, not to be subject to part-lot control (PLC-2015-004). 2015-94 A by-law to authorize the execution of an amending licensing agreement between 2095527 Ontario Limited and the Corporation of the City of Niagara Falls for an antenna at 6700 Fallsview Boulevard. 2015-95 A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and the Niagara Falls Big Brothers Big Sisters Association Inc. for a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road. 2015-96 A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and the Niagara Falls Public Library Board for a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road. 2015-97 A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2015-98 A by-law to authorize the execution of an agreement with the Town of Fort Erie for the provision of transit services. 2015-99 A by-law to approve the extension of the appointment of Spriet Associates the Drainage Engineer for the St. John's Marsh Drain Project. 2015-100 A by-law to authorize the execution of an Agreement of Purchase and Sale with the Trustees of Grace Gospel Church, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2015-101 A by-law to prescribe standards for the maintenance and occupancy of property within the City of Niagara Falls. 2015-102 A by-law to designate Lots 170-173 (inclusive), Plan 260, not be subject to part-lot control (PLC-2015-003). 2015-103 A by-law to authorize the payment of $ $10,877,286.00 for General Purposes. 2015-104 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25th day of August, 2015 * * * * * NEW BUSINESS Anthem Singer Sydney Bergevin August 25* Fourteen year old Sydney has been performing since she was 6 years old . She has performed in nine theatrical productions, including the lead in the 25th Annual Putnam County Spelling Bee. for which she received a Best Lead in a Musical Nomination for a Cappies Award. As a professional, Sydney recorded a CD that was produced to teach English skills to children through song and she has played the lead in a music video. Sydney has completed grade 5 voice with the Royal Conservatory of Music and is currently studying voice with an Ojibway shaman. She has an orange belt in Jujitsu and enjoys archery and has been on many teams at school including the swim team, field hockey and solfball. Sydney also studies guitar, piano, and acting . PBD-2015-38 NiagaraaaIls August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-38 New Property Standards By-law RECOMMENDATION That Council enacts the new Property Standards By-law including the updated schedule of fees. EXECUTIVE SUMMARY Staff has prepared a new Property Standards By-law for Council's consideration. The new by-law incorporates a number of necessary updates reflecting regulation improvements to the Ontario Building Code. In addition, the by-law has also been drafted to establish new regulation for key matters such as heritage preservation in property standards matters as well as to address the issue of the provision of vital services for residential rental units. In preparing the new by-law Staff took the opportunity to remove redundancies that existed with other by-laws and regulations, improve clarity of language, introduce new definitions, and improve the organization of the by-law throughout the various sections. BACKGROUND The Property Standards By-law is enacted to establish minimum standards for the maintenance and care of properties and more particularly buildings on such properties. The authority for a Property Standards by-law is derived from the Building Code Act and Ontario Building Code which provides for the passing of such by-laws to ensure that buildings which are constructed to a set of standards and codes are maintained in a similar manner. Many of the maintenance standards in the Property Standards By-law are based on the provisions of the Ontario Building Code and are aimed at ensuring buildings are maintained in a healthy and safe way for their users. The current iteration of the Property Standards By-law was enacted in 1998 with reference to the Building Code Act of 1992 to establish its authority. The by-law was amended twice, once in 1999 and again in 2000 however both amendments were minor in nature. Since the amendment in 2000 the Property Standards By-law has remained unchanged despite a number of updates and modifications to the Ontario Building Code. While the Building Code Act of 1992 is still the governing legislation, the standards defined by its regulations contained in the Ontario Building Code have been continually updated to reflect new materials, uses and needs for health and safety 2 PBD-2015-38 August 25, 2015 matters. Through its regulations the By-law provides for specific standards for residential and non-residential uses while also providing for a section containing general standards that are applicable to all buildings. ANALYSIS/RATIONALE The proposed Property Standards By-law, while based on the regulations established through the current by-law, has been completely rewritten thus resulting in a new by-law rather than an amendment. The proposed by-law was prepared in this manner to ensure the by-law is straight forward in its structure to allow for easier comprehension by the public. The proposed by-law offers a number of additions and improvements to the current by-law, some of which are described below. (1) Vacant Buildings — The regulation language for vacant buildings was improved to further define the necessary measures required to maintain vacant buildings in a manner that would be secure and safe. These measures present a number of acceptable methods of securing the building in a gradually increasing manner meaning that as lower levels of securing the building provide insufficient, more secure methods are required to maintain the security of the building. (2) Damaged Buildings — The presence of a damaged building whether it be by fire, storm or neglect can quickly become a blight on the area in which it remains. This can be further complicated by an owner's wish to retain the building despite the damage or through prolonged insurance or authority investigations. The provisions of the proposed by-law set out regulations to require the buildings be secured similar to that of the requirements for vacant buildings. In addition the proposed by-law also provides for language to require repair or demolition works to start in relatively short order while also requiring the owner of the property to provide proper professional reports to validate the wish to save the building. The property owner is required to provide the required documentation to certify that the remaining structure is able to be saved and also to validate its suitability for use if it is repaired. Where satisfied that saving a building or portion thereof is acceptable the owner is then required to secure the building in such a manner to prevent further deterioration. Damaged buildings have also had an impact on the tourist core as of late. In response to the added impact these properties have on the area and local businesses, a specific provision has been included in the proposed by-law which would require that the properties by protected by hoarding on all public sides of the site to limit the exposure of the damaged buildings at the street level while also providing a heightened level of security to keep curious passersby out of the site and reduce instances of potential injury. 3 PBD-2015-38 August 25, 2015 (3) Vital Services — Although it has been an issue in past years, this past winter vital service issues a number of situations occurred whereby the landlords elected to turn off vital services to residential rental properties as a method of settling disputes with their tenants or simply to force them out. This is an unacceptable practice as it places the tenants in an unsafe situation due to the extreme colds that we face during those months. In response to these matters staff was forced to utilize various methods to deem the buildings unsafe and require that services be restored immediately. Unfortunately the service providers are unwilling to co-operate thus leaving residents in very unsafe conditions. In response to a need for regulation in this matter staff reviewed several options including the drafting of a vital services by-law. After careful review and consideration and in an attempt to streamline the approach it was chosen to introduce vital services provisions in the proposed Property Standards By-law. The purpose of this newly introduced section is to require providers of vital services to provide the tenant, the land lord and the City notice 15 business days prior to any disconnection in the case of residential rental property. This does not resolve the dispute between the parties nor does it inject the City into the matter but what it does do is provide the tenant with sufficient notice to make alternative living arrangements. (4) Supplementary Standards for Heritage Property — The proposed by-law includes a separate and distinct section which identifies specific property standards for buildings recognized and designated as heritage properties. The standards reflect standards similar to non-heritage buildings but prescribe and regulate the method of repair to ensure that the heritage value of the building is maintained despite the need for repair. This represents greater responsibility for heritage property owners as they will be required to not only maintain the buildings but to do so in a manner that preserves the significant features of the building in the process. Perhaps the most important component of the supplementary standards for heritage property is the requirements established for the maintenance of heritage buildings. Regulations within the proposed by-law require that their heritage properties are maintained in a manner that befits the importance of the structure and will serve to preserve not only the heritage features but the building structure itself. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The introduction of the proposed by-law will have no impact on staffing levels while making improvements to the financial aspect of the by-law by providing for a schedule of fees for common items under the jurisdiction of the by-law including filing an appeal, discharging a registered order and preparing and providing a certificate of compliance. Legal implications will be similar to those of the previous by-law however the proposed by-law does improve the ability for enforcement in several key areas as described in this report. 4 PBD-2015-38 August 25, 2015 CITY'S STRATEGIC COMMITMENT By ensuring minimum property standards are maintained, it will promote and sustain a vibrant well planned City. LIST OF ATTACHMENTS Property Standards By-law Recommended by: '&23)41- Alex & 1Alex Herlovitch, Director of Planning, Building & Development I Respectfully submitted: Ken Todd, Chief Administrative Officer J.Menard Attach. S 1PDR120151PBD-2015-38. New Property Standards By-law docx • • CITY OF NIAGARA FALLS By-law No. 2015- A by-law to prescribe standards for the maintenance and occupancy of property within the City of Niagara Falls. WHEREAS the Council of The Corporation of the City of Niagara Falls has in effect, an official plan enacted pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, that includes policies relating to the maintenance and occupancy of property within the City of Niagara Falls; AND WHEREAS Section 15.1(3) of the Building Code Act 1992, S.O. 1992, c .23 as amended, provides that a by-law may be passed by the Council of a Municipality which has an Official Plan in effect that includes provisions relating to property, to prohibit the occupancy or use of property that does not conform with the standards and to require property that does not conform with standards or the site be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition; AND vv1HE EAS Section 15.8(1) of the Building Code Act 1992, S.O. 1992, c .23 as amended, provides for the establishment of a Property Standards committee; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c .25 as amended. provides a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it desirable to enact such a by-law to establish standards for the occupancy and maintenance of certain buildings and properties, so that Owners and occupancies provide minimum standards for persons who may live at, attend or otherwise be affected by the conditions of the buildings and properties; AND WHEREAS it is deemed necessary to enact a by-law prescribing minimum standards for the maintenance and occupancy of property, to adopt a set of administration procedures and to appoint a Property Standards committee; AND WHEREAS Section 35.3 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18 as amended, provides that Council may, by by-law, prescribe minimum standards for the maintenance of the heritage attributes of property that has been designated by the municipality or the Minister; and require property that has been designated and that does not comply with the standards to be repaired and maintained to conform with the standards; AND WHEREAS Section 45.1 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18 as amended, provides that Council may, by by-law, prescribe minimum standards for the maintenance of the heritage attributes of property situated in a designated heritage conservation district; and require property situated in a designated heritage conservation district that does not comply with the standards to be repaired and maintained to conform with the standards. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: City of Niagara Falls By-law 2015-Draft Property Standards By-law 2 SECTION 1 GENERAL PROVISIONS 1.1 SHORT TITLE 1.1.1 This by-law shall be known as the "Property Standards By-law". 1.2 DEFINITIONS 1.2.1 For the purpose of this by-law: (1) "accessory' when used to describe a use, a building or a structure, means a use, a building or a structure that is incidental, subordinate and exclusively devoted to a main use, a building or a structure, located on the same lot therewith and which not used or intended for use as a human habitation; (2) "Act" means the Building Code Act 1992, S.O. 1992, c.23 as amended; (3) "adequate" in respect to the provision of vital services at an occupied residential rental unit means that services are provided sufficient to allow for: (a) the refrigerating, freezing, preparing and cooking of food for human consumption; (b) the heating of the residential rental unit in accordance with the provisions of this by-law; (c) the washing of dishes and utensils used for food; (d) the operation of a toilet; (e) the cleansing and bathing of human beings; and (f) the lighting of the unit. (4) "basement" means that portion of a building between two floor levels, which is below grade, but which has at least on half of its height from the finished floor to the finished ceiling above the average level of the adjoining ground and has a minimum height of 2.1m [6'-11"1 over at least 75% of its floor area; (5) "bathroom" means a room containing at least one toilet, one hand basin or lavatory and one bathtub or shower, or two rooms, which contain in total at least one toilet, one hand basin or lavatory and one bathtub or shower; (6) "bedroom" means a habitable room used by persons for sleeping purposes; (7) "building" means: (a) a structure occupying an area greater than then square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto; 3 (b) a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto; (c) plumbing not located in a structure; (d) a sewage system; or (e) structures designated in the Ontario Building Code. (8) "cellar" means that portion of a building between two floor levels which is partially or completely below ground and which has more than one half of its height from the finished floor to the finished ceiling below finished grade and has a minimum height of 2.1m [6'-111 over at least 75% of its floor area; (9) "Chief Building Official' means the Chief Building Official of The Corporation of the City of Niagara Falls; (10) "City" means the municipality of the City of Niagara Falls; (11) "Committee" means the Property Standards Committee as established and continued by this by-law in accordance with Section 15.6 of the Building Code Act 1992, S.O. 1992, c .23, as amended; (12) "crawlspace" means that portion of a building between two floor levels. or between a floor level and the ground, which has a height over more than 75% of its area less than 2.1m [6'-111; (13) "dwelling unit" means a suite operated as a housekeeping unit, used or intended to be used by one or more persons usually containing cooking, eating, living, sleeping and sanitary facilities and shall include a building that would be considered a dwelling unit except for its state or repair, (14) "exit' means that part of a means of egress, including doorways, that leads from the floor area it serves to a separate building, an open public thoroughfare or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare. (15) "fire resistance rating" means the time in minutes or hours that a material or assembly or materials will withstand the passage of flame and the transmission of heat when exposed to fire under specified conditions of test and performance criteria, or as determined by extension or interpretation of information derived from that test and performance as prescribed in the Ontario Building Code; (16) "floor area" means the space on any storey of a building between exterior walls and required firewalls and includes the space occupied by interior walls and partitions, but does not include exits and vertical spaces that penetrate the storey; (17) "grade" means the average level of proposed or finished grade adjoining a building at all exterior walls; 4 (18) "guard" means a protective barrier with or without openings through it, that is around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways, or other locations to prevent accidental falls from one level to another; (19) "habitable room" means any room used or intended to be used for living, sleeping, cooking or eating purposes and without limiting the foregoing shall include den, library, sewing room, sunroom or recreational room or any combination thereof; (20) "heating system" means a device to convert fuel into energy and includes all components, controls, wiring, duct work, and piping required to be part of the device by the applicable standards referenced to in the Ontario Building Code; (21) "Ontario Heritage Act" means the Ontario Heritage Act, R.S.O. 1990, c. 0.18 as amended; (22) "heritage attribute" means: (a) the attribute(s) or feature(s) of property, buildings or structures that contribute to the property's cultural heritage value or interest that are defined or described or that can be reasonably inferred: (i) in a by-law designating a property passed under section 29 of the Ontario Heritage Act and identified as heritage attributes, values, • reasons for designation, or otherwise; (ii) in a Minister's Order made under section 34.5 of the Ontario • Heritage Act and identified as heritage attributes, values, reasons for designation, or otherwise; (iii) in a by-law designating a heritage conservation district passed under section 41 of the Ontario Heritage Act and identified as heritage attributes, values, reasons for designation or otherwise; or (iv) in the supporting documentation required for a by-law designating a heritage conservation district, including but not limited to a heritage conservation district plan, assessment or inventory, and identified as heritage attributes, reason for designation or otherwise. • (23) "heritage property' means any real property including all buildings and structures thereon, in the City of Niagara Falls that: (a) has been designated by the City under section 29 or by the Minister under 34.5 of the Ontario Heritage Act; or (b) is located within a heritage conservation district that has been designated by the City under section 41 of the Ontario Heritage Act. 5 (24) ''kitchen" means a room equipped with a sink and equipped with electricity and necessary utilities suitable for the operation of a refrigerator and cooking stove; (25) "landlord' shall be as defined in the Residential Tenancies Act S.O. 2006, Chapter 17 as amended from time to time and any successor legislation to that Act; (26) "means of egress" means a continuous, unobstructed path of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp, or other facility or combination thereof provided for the escape of persons from a building, dwelling unit, floor area, contained open space or room to a public thoroughfare, street, lane, yard or other approved open space at grade level. Egress shall include exits and access to exits while elevators and windows which do not comply with the requirements of this by-law shall not be considered as acceptable means of egress; (27) "multiple dwelling" means a building containing three or more dwelling units; (28) "non-habitable room" means any room in a dwelling unit other than a habitable room and includes any bathroom, laundry, pantry, lobby, communicating corridor, stairway, closet, crawlspace, boiler room or other space for service and maintenance of the dwelling unit or the public use, or for access, or for vertical travel between storeys as well as basements and cellars or for the parts thereof which do not comply with the standards of fitness for occupancy as set out in this by-law; (29) "non-residential property' means a building or structure or part thereof of a building or structure not occupied or used in whole or in part for the purpose of human habitation and includes the lands and premises appurtenant thereto and all accessory buildings, outbuildings, steps, walks, walkways, driveways, parking spaces or erections thereon or therein, and includes vacant non- residential property; (30) "occupancy' means the use of intended use of a building or part thereof of a building for the shelter or support of persons, animals or property; (31) "occupant' means any person or persons over the age of 18 years in possession of the property; (32) "occupied"means the tenant is actively residing in the residential rental unit; (33) "Officer" means an Officer appointed by by-law and assigned the duties for enforcing and/or administering this by-law and shall also include a Building Inspector and the Chief Building Official; (34) "Ontario Building Code" means the regulation established through the Act and any amendments and/or alterations made under that Act; (35) "Order" means an Order made under the corresponding section(s) of this by- law; 6 (36) "Owner means" (a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if such land or premises were let, and (b) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the • standards for the maintenance and occupancy of the property; (37) "person" means and includes an individual, firm, corporation, association or partnership and includes an occupant or an Owner of a property; (38) "potable water" means water that is fit for human consumption; (39) "property' means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out buildings and erections thereon whether heretofore or hereafter erected, and includes vacant lands. For the purpose of this by-law, property can be subdivided into the following categories; (a) Non-residential property; (b) Residential property; or (c) Vacant lands; (40) "repair" means the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standard established in this by-law; (41) "residential property' means any property that is designated for use, is used or is capable of being used as a dwelling unit or group of dwelling units and includes any land or buildings that are appurtenant to such establishment including but not limited to all steps, walks, driveways, parking spaces and yards; (42) "residential rental unit" means a building or part thereof that is rented to leased as a dwelling unit; (43) "room heater equipment" means a supplemental heating device other than the required primary heating system used to heat any room or space; (44) "sanitary sewage" means: (a) Liquid or water borne waste: (i) of industrial or commercial origin; or 7 (ii) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary, sink and laundry waste; or (b) liquid or water borne waste discharged from a public pool to a drain. (45) "sewage system" means a public sewer or private sewage disposal system; (46) "storey' means that portion of a building which is situated between the top of any floor and the top of the floor next above it. and if there is no floor above it, that portion between the top of such floor and the ceiling above it; (47) "supplier of vital service" means a person who carries on the business of or whose business includes supplying a vital service to an end user, and includes: (a) Niagara Peninsula Energy Inc. for the provision of electricity; (b) Enbridge Inc. for the provision of natural gas; or (c) The Corporation of the City of Niagara Falls for the provision of water. (48) "system used for the distribution" includes all parts of a system owned or supplied by a landlord and located in a building for the purpose of supplying and distributing a vital service to a residential rental unit; (49) "tenancy agreement' means an agreement between a tenant and a landlord for possession of a residential rental unit, whether written, oral or implied, and includes a licence to occupy the premises; (50) "tenant' includes a person who is lessee, occupant, sub-tenant, under-tenant, border, roomer, and lodger and the person's assigns and legal representatives; (51) "toilet room" means a room containing a water closet or toilet; (52) "vacant lands" means property on which there are no buildings and / or having no established land uses; (53) "vital service" means fuel, electricity, gas, hot water, water and steam; (54) "yard' means land, other than publicly owned land, around and appurtenant to the whole or any part of a building or structure and used, intended to be used or capable of being used in connection therewith. 1.3 INTERPRETATION 1.3.1 In this by-law statutory references are to statutes of Ontario and the regulations made thereunder and shall be deemed to refer to such statutes and regulations as amended, consolidated, re-enacted and in force from time to time. 8 • 1.3.2 In this by-law the numbering system shall be referenced in accordance with the following: 1 section 1.1 subsection 1.1.1 article 1.1.1(1) sentence 1.1.1(1)(a) clause 1.3.3 This by-law shall be read with all changes of gender and number required by the context or circumstances. 1.4 APPLICATION 1.4.1 Every Owner of property situated within the City of Niagara Falls shall maintain such property to the applicable minimum standards prescribed by this by-law. 1.4.2 The Property Standards set forth in Section 2 of this by-law are hereby prescribed as the general minimum standards for the maintenance and occupancy of property. Section 2 applies to all properties in the City of Niagara Falls, regardless of property type or use. 1.4.3 In addition to the maintenance standards prescribed in Section 2 of this by-law, the Property Standards set forth in Section 3 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all residential properties in the City of Niagara Falls. 1.4.4 In addition to the maintenance standards prescribed in Section 2 of this by-law, the Property Standards set forth in Section 4 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all non- residential properties in the City of Niagara Falls. 1.4.5 In addition to the maintenance standards prescribed in Sections 2, 3 and 4 of this by- law, the Property Standards set forth in Section 5 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all heritage property in the City of Niagara Falls. 1.4.6 In addition to the maintenance standards prescribed in Sections 2, 3, and 4, and except for property subject to the provisions of Section 5 of this by-law, the Property Standards set forth in Section 6 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all vacant lands, parking lots and demolitions in the City of Niagara Falls. 1.4.7 Where a building or property contains a mix or combination of uses as described above, the applicable standards as identified in this by-law shall apply in accordance with the section corresponding with the identified occupancy type. 1.4.8 Where references are made in this by-law to the Ontario Building Code and requirements or provisions therein, the regulation established in this by-law shall require conformance to the standard as set out in the Ontario Building Code for new 9 construction as of the date of any action taken by the City to enforce or administer this by-law, despite the age or installation date of the item being regulated. SECTION 2 PROPERTY STANDARDS —ALL PROPERTIES 2.1 MAINTENANCE OF YARDS AND EXTERIOR PATHS OF TRAVEL 2.1.1 No yard shall contain dilapidated, collapsed or partially constructed structures which are not currently under construction. 2.1.2 A hard surface walk shall be provided from every dwelling unit to the street, or to a hard surfaced driveway that connects to the street. 2.1.3 Every yard shall be kept clear of dead, decayed or damaged trees 2.1.4 All trees or parts thereof that have expired shall be removed or maintained in a condition which is not hazardous to persons expected to be on or about the property. 2.1.5 All hedges and brush shall be kept trimmed so as not to encumber or encroach upon private walks, driveways and exterior means of egress 2.1.6 Where an outdoor swimming pool is present on any property and is determined by an Officer to be abandoned, the Officer may cause the Owner of the outdoor swimming pool to make repairs or other requirements necessary to maintain the pool in proper working condition or to remove the outdoor swimming pool from the property. 2.2 DRAINAGE 2.2.1 All yards shall be provided and maintained with adequate surface water drainage, including suitable provisions for its disposal without causing erosion, so as to prevent recurrent ponding or the intrusion of water in any basement, cellar or crawlspace. 2.2.2 Roof drainage or discharge from a sump pump shall not be permitted to discharge to a sidewalk, stair, neighbouring property, street or sanitary sewer system. 2.3 RETAINING WALLS AND ACCESSORY STRUCTURES 2.3.1 All retaining walls and accessory buildings shall be kept in good repair and free from health and safety hazards and shall be protected by paint, preservative or other weather resistant material. 2.3.2 Every retaining wall or part thereof shall be structurally sound and maintained in that condition so that it has sufficient capacity to resist safely and effectively all loads and the effects of loads and influences that may reasonably be expected, having regard to its expected use and service life. 2.3.3 Every retaining wall or accessory building not maintained in accordance with these standards shall be repaired or removed in accordance with the provisions of this by- law. 10 2.4 PEST PREVENTION 2.4.1 All buildings shall be kept free of conditions that would permit or cause an infestation of rodents, vermin and insects. Methods used for exterminating rodents, vermin or insects shall be in accordance with the provisions of the Environmental Protect Act, the Pesticides Act and any other applicable regulations, acts or municipal by-laws. 2.4.2 Windows used or required for ventilation and every opening in an exterior wall, floor, roof or foundation which could permit the entry of rodents, vermin and insects, shall be screened with wire mesh or such other material as will effectively exclude the same. 2.4.3 For the purpose of this subsection an infestation includes the presence of one rat or mouse, but excludes a domesticated mouse or rat and in the case of insects means • the presence of a breeding population of insects, and in the case of wasps, hornets or bees includes the presence of any occupied nest on the interior or attached to the exterior of a dwelling unit. 2.5 STRUCTURAL SOUNDNESS 2.5.1 Every structural component in every building including but not limited to all studs, slabs, joists, rafters, trusses, joists, ties, sheathing, beams, and columns shall be of sound material and adequate for the load to which they are subject. 2.5.2 Every component that contributes to the structural stability of a building shall be maintained in a sound condition so as to: (1) be capable of sustaining safely its own weight and any additional load to which it normally may be subject; (2) be capable of safely accommodating all normal structural movements without damage, decay or deterioration; (3) prevent the entry of moisture that would contribute to damage, fungus, mold growth, decay or deterioration; (4) be capable of safely and adequately performing its function subject to all reasonable serviceability requirements; and (5) have a factor of safety as set out by the standards in the Ontario Building Code. 2.5.3 All exterior surfaces of buildings, structures and retaining walls including mobile structures and buildings, shall be of materials which resist deterioration by the weather or have resistance coating applied to them. 2.5.4 The exterior walls, chimneys, roofs and other parts of buildings, structures and retaining walls including mobile structures and buildings on the property shall be free from loose or insufficiently secured, rotten, warped or broken materials and objects. Such material and objects shall be removed, repaired or replaced. 11 2.6 FOUNDATIONS 2.6.1 The foundation walls and basement, cellar or crawlspace floors shall be maintained in good repair and be structurally sound. 2.6.2 Every basement, cellar, and crawlspace on a property shall be maintained in watertight conditions so as to prevent the leakage of water into the building. 2.6.3 Foundation walls of a building shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Maintenance includes the shoring of walls to prevent settling, installing subsoil drains where necessary at the footings, grouting masonry cracks, dampproofing and waterproofing of walls, joints and floors. 2.6.4 Every building, unless of concrete slab-on-grade design, shall rest upon full foundation walls or piers, and all footings, foundation walls, and piers shall be of concrete, masonry, wood, steel or other material acceptable for construction under the standards set out in the Ontario Building Code and shall be sound, reasonably plumb, level and adequate to carry the loads imposed on them. 2.7 EXTERIOR WALLS 2.7.1 Exterior walls and their components shall be maintained so as to prevent their deterioration. 2.7.2 For purposes of compliance with article 2.7.1, walls shall be so maintained, by the painting, restoring, cladding with an exterior finish or by repairing of the walls, coping or flashing by the waterproofing of joints and the walls themselves. 2.7.3 Exteriors of buildings shall be: (1) kept weather resistant through the use of caulking and other appropriate weather resistant materials; and (2) maintained to prevent their deterioration due to weather and rodents, insects or vermin and where necessary, shall be so maintained by the painting, restoring; or repairing of the walls, coping or flashing, by the waterproofing of joints and the walls themselves, by the installation of or repairing of weather tight finishing or the installation of termite shields if required. 12 2.7.4 Without limiting the generality of the foregoing, the weather tight finishing or an exterior wall shall include the following: (1) the application of a weather resistant material to all exterior wood and metal work; (2) the restoring, repairing or replacing of the exterior wall, brick and mortar, stucco lathing and plaster, cladding, coping and flashing; and (3) the waterproofing of the exterior walls and joints. 2.7.5 All exterior surfaces which have previously been covered with paint or other protective or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated. 2.7.6 All exterior flashing, ducts or other metal materials shall be kept free from rust by application of a suitable protective material such as paint, and shall be replaced when such application is impractical or ineffective. 2.7.7 Exterior walls and their components shall be repaired of vandalism or other damage, including defacements by paint, inscriptions or other markings as well as broken windows. 2.7.8 Exterior walls of a building or structure, and their components shall be maintained so as to be free of posters or advertisements; (1) which are for the giving of notice for an event that has already occurred, or where the message contained is not readable due to damage or deterioration to the poster or its content; or (2) which is loosened, dislodged, torn or otherwise in a condition that may permit them to detach and become litter; or (3) in accordance with the provisions of any municipal by-law regulating signage in the City of Niagara Falls. 2.8 ROOFS 2.8.1 All roofs including the fascia board, soffit, cornice and flashings shall be maintained in a watertight condition to prevent leakage of water into the building, where • necessary by the repair of roofs and flashing and application of waterproofed coatings or coverings without the use of tarping unless authorized by the Chief Building Official. 2.8.2 All roofs shall be maintained: (1) free from loose or unsecured objects or materials; (2) free from excessive or dangerous accumulations of snow, ice or both; 13 (3) in a water tight condition so as to prevent the leakage of water into the building or structure; (4) free from conditions causing or contributing to leaks or being detrimental to the appearance of the buildings; (5) so that any roof decks and related guards are in good repair and structurally sound; and (6) free from all other safety, fire and health hazards 2.8.3 All structural components of a roof shall provide adequate support for all design loads and form a suitable base for the roof covering, and where the roof is subjected to a load for which it may be inadequate, the roof shall be cleared of the load to prevent collapse or structural damage. 2.8.4 Eavestrough, downspouts, roof drains and rain water leaders shall be installed and maintained in good repair to be: (1) watertight and free from leaks; (2) in good working order, and free from obstructions; (3) in a stable condition and shall be securely fastened to the structure; (4) kept free from rust by application of a suitable protective material such as paint, and shall be replaced when such application is impractical or ineffective; (5) installed in a manner to discharge water onto the ground away from the building, sidewalks or stairs and so not to negatively affect neighbouring properties; and (6) free from conditions which pose a health and safety hazard. 2.9 WALLS, CEILINGS AND FLOORS 2.9.1 Every wall, ceiling and floor in a building shall be maintained so as to be easily cleaned and shall be maintained in good repair and free of holes, cracks, loose covering or other defects which may create an unsafe condition or would permit flame, excessive heat or water, to enter the adjacent spaces. 2.9.2 Finished flooring in bathrooms, kitchens, public entrance halls, laundry and general storage areas shall consist of resilient flooring, felted-synthetic-fibre floor coverings. concrete, terrazzo, ceramic tile, mastic or other types of flooring providing similar degrees of water resistance. 2.9.3 Every basement, cellar and crawlspace shall have a floor of suitable material to ensure water drainage and to guard against the entry to vermin and pests. 2.9.4 Where walls, floors or ceilings form part of an assembly having and / or requiring a rating against fire or smoke, they shall be maintained in such a manner to preserve 14 the fire resistance rating as established by the standards set out in the Ontario Building Code. 2.9.5 Every building shall be constructed or otherwise separated to prevent the passage of smoke, flames, fumes, and gases from that part of the building which is not used, designed or intended to be used for human habitation into other parts of the building used for habitation. Such separations shall conform with the standards as set out in the Ontario Building Code. 2.9.6 Where a wall, floor or ceiling assembly would be required, if it were newly constructed, to have a fire resistance rating in accordance with standards as set out in the Ontario Building Code, fire dampers shall be installed in any ducting which penetrates such an assembly in a manner that would maintain the standard for fire resistance rating of the subject assembly. 2.9.7 Any door installed in a wall assembly that would be required, if it were newly constructed, to have a fire resistance rating in accordance with the standards as set out in the Ontario Building Code, shall possess the stipulated fire protection rating as set in the standards established by the Ontario Building Code for doors installed in such assemblies. 2.10 DOORS AND WINDOWS 2.10.1 Exterior doors, windows, skylights, doors, or hatchways including storm and screen doors and storm windows shall be maintained in good repair and weather tight and shall be free from: (1) rotten or defective members; (2) defective hardware; (3) torn or damaged screens; (4) defective weatherstripping or caulking; (5) defective storm or screen doors; (6) defective frames, casings and sashes; and (7) missing or broken glass. 2.10.2 All doors installed to repair or replace existing doors shall meet the provisions and standards as set out in the Ontario Building Code. 2.10.3 All exterior openings for doors and windows shall be fitted with suitable doors or windows, or shall be filled in with an assembly conforming with the requirements of the exterior wall in which the opening exists. 2.10.4 All doors, door frames, windows, window frames, sashes, casings, and associated caulking and weatherstripping that have been damaged or show evidence of rot or deterioration shall be sealed, repaired, replaced and / or painted. 15 2.11 STAIRS, BALCONIES, PORCHES AND OTHER PLATFORMS 2.11.1 Every interior or exterior stair, porch, balcony or landing available for use shall be properly and safely anchored to their structural support and maintained in good repair so as to be free of holes, cracks or other defects constituting possible safety hazards. All treads, risers and / or supporting structure that show excessive wear, are broken, warped or loose, are rotten or deteriorated shall be repaired or replaced. 2.11.2 The slope of treads shall not exceed 1 in 50. 2.11.3 So as to provide protection against accident or injury; handrails, balustrades and guards shall be installed and maintained in good repair to the standard to which they were legally built or to the standard set out in the Ontario Building Code where so required at the discretion of the Chief Building Official. 2.11.4 Every porch, balcony, landing, raised floor, mezzanine, gallery, raised walkway or roof to which access is provided for other than maintenance purposes, shall be protected by guards on all open sides where the difference in elevation between adjacent walking surfaces exceeds 600mm [23"], and every exterior stair with more than three (3) risers shall be protected with guards on all open sides where the difference is elevation between the adjacent ground level and the stair exceeds 600mm [23"]. 2.11.5 Except for existing guards that have been maintained in good condition and are minimum height of 900mm [33"], all guards, including those that are required to be replaced due to their deteriorated condition or to be installed to conform to article 3.2.1, shall be constructed to meet the standards as set out in the Ontario Building Code and all such guards shall be maintained in good repair at all times. 2.12 PLUMBING AND SEWAGE 2.12.1 Where a plumbing system is installed it shall be maintained in good working order and free from leaks and defects. 2.12.2 Every plumbing fixture in a plumbing system shall be connected to a sewage system through water seal traps. 2.12.3 All water supply pipes and appurtenances thereto shall be protected from freezing. 2.12.4 Sanitary sewage shall be discharged into the municipal sanitary sewer where such a system is available, and where a municipal sanitary sewer is not available, the sewage shall be disposed of in a manner that meets the standards as set out in the Ontario Building Code for private on-site sewage systems. 2.13 ELECTRICAL AND LIGHTING 2.13.1 In every building, electrical wiring, conduit, and all other systems or devices associated with the electrical services shall be in compliance with and maintained according to the regulations made by the Electrical Safety Authority pursuant to the Electricity Act. S.O. 1998, c.15, as amended. 16 2.13.2 All fuses, breakers, or circuits relate to the electrical system shall not be used in a manner that would exceed the limits established for the related device or system by the Electrical Safety Authority. 2.13.3 The interior and exterior lighting that is visible on the exterior of any building shall be placed and maintained, or have a barrier or shade placed and maintained so as to prevent or block direct illumination of the interior of a dwelling unit on adjacent property regardless of whether such dwelling unit has or may have interior window coverings except for: (1) lighting located by a road authority; (2) lighting located on property owned or occupied by a municipal, provincial or federal government or authority; (3) light fixtures used in conjunction with commercial, industrial, institutional, agricultural or recreational uses that shall to be turned off at any time the use is not actually being conducted, but may require the redirection, movement or the placing of shades or barriers to comply with the standards established in this subsection; (4) illuminated outdoor advertising signage that may be turned off at any time the business is not open to the public, but may require the redirection, movement or the placing of shades or barriers to comply with the standards established in this subsection; or (5) lighting fixtures used to illuminate any area for emergency, security or public safety purposes that may be turned off any time the illumination is unnecessary for the purposes, but may require the redirection, movement or the placing of shades or barriers to comply with the standards of this subsection. 2.13.4 If exterior lighting is provided for exterior steps, walks, loading docks, ramps, parking spaces, driveways and similar areas of a yard of a property, the exterior lighting and their supports and connections thereto shall be maintained and kept in a safe condition, in good repair and in good working order to provide adequate light. 2.13.5 Without limiting the generality of the foregoing, for the purposes of determining adequacy of lighting levels for compliance with this by-law, minimum lighting levels shall meet or exceed the levels listed below for the areas identified. ................. Minimum Lighting Room or Space Minimum Illumination Power Density (IX) (W/m2 of floor area) storage rooms and garages 50 5 service rooms and laundry 200 20 areas bathrooms 100 10 17 Minimum Lighting Room or Space Minimum(IU urination Power Density (W/m2 of floor area) hallways, stairways, exits, public corridors and corridors 50 5 providing access to exit for the public 2.14 HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS 2.14.1 Any heating, ventilation and/or air conditioning system and all associated mechanical equipment, piping, ducting and other accessory equipment to such systems shall be installed, operated and maintained: (1) in good working order; (2) to prevent the ingress of smoke or gases into the building; (3) free from any conditions that would cause any associated devices from generating noise levels beyond that of the acceptable standard in place when the unit was installed; (4) in a safe mechanical and / or electrical condition free from unsafe conditions; and (5) to meet the standards as set out in the Ontario Building Code and any other applicable standard or regulation. 2.14.2 A heating appliance shall not be located in corridors, hallways or other means of egress. 2.14.3 Except in the event of an emergency, no occupied building shall be equipped with room heater equipment as the primary source of heat. 2.14.4 No room heater equipment shall be placed: (1) so as to constitute a fire hazard to walls, window coverings or furniture; (2) so as to impede free movement of persons in the dwelling unit; and (3) in such location that nearby combustible materials or structural members exceed a safe temperature. 2.14.5 All heating and cooking apparatus or equipment involving combustion shall be properly connected, by rigid and permanently sealed connections: (1) to a chimney or flue which provides sufficient outlet for the escape of noxious gases; and (2) to the fuel supply line. 18 2.14.6 Any fuel burning heating equipment used in any building shall be properly vented to outside air by means of a Canadian Standards Association (CSA) approved or Ontario Building Code compliant smoke pipe, vent pipe or chimney. 2.14.7 Where a heating system or part thereof, or any auxiliary heating system, burns solid or liquid fuel, a place or receptacle for the storage of the fuel shall be provided and maintained in a convenient location and properly constructed so as to be free from fire, health and safety hazards. 2.14.8 Air conditioners shall be equipped with adequate devices for the prevention of condensation drainage on to entrance areas, sidewalks, pathways or public spaces. 2.14.9 Cooling water from water-cooled equipment shall not be discharged onto driveways, walkways or other areas used for pedestrian or vehicular traffic, or in such manner that it may cause damage to the walls, foundations or other parts of a building. 2.14.10 The discharge of cooling water from all water-cooled equipment shall be made to a proper drainage system and shall be connected in accordance with all applicable regulations or standards. 2.15 FIREPLACES AND CHIMNEYS 2.15.1 Fireplaces and similar devices or appliances used or intended to be used for the burning of fuel, shall be connected to an approved chimney, smoke pipe, flue or gas vent and shall be installed so that combustible material and structural members in proximity to the unit are not heated beyond safe temperatures. 2.15.2 Fireplaces and similar devices or appliances used or intended to be used for the burning of fuel, shall be provided with and capable of drawing a sufficient amount of combustion air. 2.15.3 Any device identified in article 2.15.1, shall be installed in accordance with the provisions of the manufacturer's specifications and installation instructions and/or shall meet the standards as set out in the Ontario Building Code for newly installed I constructed fireplaces. 2.15.4 Every chimney, smoke pipe, flue and gas vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members beyond safe temperatures. 19 2.15.5 Every chimney, smoke pipe, flue and gas vent in use or available for use in any building shall be: (1) installed in accordance with the manufacturer's specifications; (2) installed and maintained to prevent the escape of smoke or gases into the dwelling unit; (3) free of obstructions; (4) free from open joints; and (5) in good repair. 2.16 VENTILATION 2.16.1 Where a system of mechanical ventilation is provided, all components including but not limited to ducting, intake and exhaust shall be installed to meet the standards as set out in the Ontario Building Code and with good engineering practices. 2.17 SERVICE ROOMS 2.17.1 Any space that contains a heating unit shall have natural or mechanical means of supplying air by ventilation ducts from the exterior in such quantities as required by the heating unit for combustion to maintain operation of the unit in accordance with the manufacturer's specifications. 2.17.2 In every building with a common heating system, such system shall be located in a separate room, having floors, walls, ceilings, and doors constructed with a fire resistance rating to meet the standards as set out in the Ontario Building Code. 2.17.3 Any service room that contains fuel burning appliances shall not be used for the storage of fuels or any other such material and shall be kept clear of all garbage, debris and rubbish. 2.18 BATHROOM OR TOILET ROOM FACILITIES 2.18.1 All bathrooms and toilet rooms shall be fully enclosed and shall have a door capable of being closed so as to provide privacy for the occupant of the room. 2.18.2 A lavatory or hand wash basin shall be provided in the same room as each toilet or in an adjoining bathroom provided that a kitchen sink shall not be considered a hand wash basin for the purpose of this article. 20 2.19 KITCHEN FACILITIES 2.19.1 Every kitchen shall be equipped with: (1) a kitchen sink that: (a) is provided with a potable cold and hot water supply; and (b) is maintained in a state of good repair. (2) when equipped with a refrigerator, cooking or other appliance. such appliance shall be maintained in good repair and good working order; (3) have a clear space above any exposed cooking surface of a cooking appliance of at least 0.6m [24"]; (4) without effecting the requirements of sentence 3.9.2(3) or article 4.8.1, have space sufficient to accommodate a cooking range or countertop-cooking unit, beside or in the countertop and without placing the device in a doorway or means of egress. 2.20 MEANS OF EGRESS AND EXITS 2.20.1 Every building shall have a safe, continuous and unobstructed passage from the interior of the building to the exterior at the street or grade level to meet the standards as set out in the Ontario Building Code. 2.20.2 Every means of egress and exit shall be maintained in good repair and free of objects, obstructions or conditions which may constitute a health or safety hazard. 2.21 ELEVATING DEVICES 2.21.1 Where an elevating devices is provided the elevating device including; all parts, lighting fixtures, lamps, elevator buttons, floor indicators and ventilator fans shall be maintained in good repair and be operational. 2.21.2 Article 2.21.1 does not require the installation of an elevating device where one does not already exist but does require that any building currently possessing an elevating device continue to have such device maintained in accordance with the standards so provided. 2.21.3 All elevating devices shall be approved for use through the issuance of an Ontario Elevating Device Licence in accordance with the standards set out and administered by the Technical Standards and Safety Act (TSSA). 21 SECTION 3 SUPPLEMENTAL STANDARDS — RESIDENTIAL PROPERTIES 3.1 DOORS AND WINDOWS 3.1.1 In every dwelling unit at least one entrance door shall be capable of being locked from both the interior and exterior of the dwelling unit but readily openable from the interior of the dwelling unit without the use of keys or tools. 3 1.2 Notwithstanding the requirements of article 3.1.1; any exterior doors or windows intended to be opened shall be equipped with hardware capable of being locked or otherwise secured from the interior of the building. however they shall be capable of being readily opened from the interior without the use of keys. 3.1.3 In any building of a multiple dwelling residential property protection shall be provided at windows to minimize potential health and safety hazards in accordance with the following: (1) fixed windows within dwelling units that extend to less than lm [3'-3"] from the floor shall be protected by a guard at least lm [3'-3"] above the floor, or shall be designed to withstand the lateral design loads for balcony guards to meet the standards as set out in the Ontario Building Code. (2) Except as provide for in sentence (4), in a dwelling unit any window located more than 2m [67"] above grade that opens within 1.5m [4'-111 of the floor shall be protected by: (3) A guard meeting the standards as set out in the Ontario Building Code; (4) A controlled sash operation to restrict, when engaged, the opening of the operable sash to not more than 0.1m [4"], and a heavy duty screen the standards for such screens as set out in the Ontario Building Code; or (5) By an alternative device that does not reduce the degree of safety provided by clauses (a) or (b). (6) Protection of a window need not be provided in a dwelling unit where an exterior balcony is constructed for the full length of a window. (7) In any multiple dwelling residential property building where there is a voice communication unit which works in conjunction with a security locking and release system controlling a particular entrance area, they said system shall be maintained in good working order at all times. 3.1.4 Doors between a dwelling unit and public hallways and/or common spaces shall be installed to meet the standards for such doors as set out in the Ontario Building Code. 3.1.5 Every window in a dwelling unit designed to be opened shall be fitted with appropriate screens to prevent the ingress of rodents, vermin and insects and the screens shall be maintained in good repair. 22 3.1.6 Except as required by article 3.12.1, the minimum window glass area for rooms in dwelling units shall conform with the following table: Minimum Unobstructed Glass Area Location With No Electric Light With Electric Light laundry, basement recreation 4% of area served windows not required room, unfinished basement bathroom, toilet room 0.37m2 [4ft2] windows not required kitchen 10% of area served windows not required Living room and dining room 10% of area served 10% of area served bedroom and other finished 5% of area served 5% of area served rooms not mentioned above 3.2 STAIRS, BALCONIES, PORCHES AND OTHER PLATFORMS 3.2.1 Handrails shall be installed and maintained in good repair on all stairs within dwelling units that have more than two (2) risers and on all other stairs having more than three (3) risers. 3.2.2 Handrails shall be located between 810mm [32"] and 920mm [36"] measured vertically above a line drawn through the outside edges of stair nosings. 3.2.3 Handrails shall be provided on both sides of stairs where the width of the stairs is greater than 1100mm [43"]. 3.2.4 Risers within any one flight of stairs shall have a uniform height with a maximum tolerance of: (1) 5mm [3/16"] between adjacent treads or landings; and (2) 10mm [3/8"] between the tallest and shortest risers in a flight. 3.2.5 Notwithstanding the provisions of article 3.2.4, where the top or bottom riser in a stair adjoins a sloping finished walking surface such as a garage floor, driveway or sidewalk, the height of the riser across the stair shall vary by not more than 1 in 12. 3.2.6 Treads shall have uniform run with a maximum tolerance of: (1) 5mm [3/16"] between adjacent treads; and (2) 10mm [3/8"] between the deepest and shallowest treads in a flight. 3.2.7 Every multiple dwelling residential building shall have all unenclosed balconies, porches, interior or exterior hallways, stairways or common areas kept free of garbage, debris, furniture or appliances, except that outdoor furniture is permitted on a balcony or porch. 23 3.3 PLUMBING AND SEWAGE 3.3.1 Every dwelling unit shall be provided with an approved supply of potable water from at least one of the following sources in accordance with the Clean Water Act: (1) a municipal drinking water system; (2) a communal drinking water system; or (3) a private water source. 3.3.2 Every dwelling unit shall be provided with a sanitary drainage system that is connected to: (1) a public sanitary sewer; or (2) a private sewage disposal system. 3.3.3 Where a public sanitary sewer connection is available for use by the property, a private sewage disposal system shall be prohibited from use and connection to the public sanitary sewer must be made. 3.3.4 Every dwelling unit shall contain plumbing fixtures in good repair and in operative condition, consisting of a minimum of: (1) one (1) kitchen sink; (2) one (1) water closet; (3) one (1) hand wash basin; and (4) one (1) bathtub or shower. 3.3.5 Every sink, wash basin, lavatory, bathtub or shower required by this by-law to be installed and maintained in a dwelling unit shall have an adequate supply of both hot and cold water with a flow and pressure sufficient for the intended use of the fixture. 3.3.6 Every toilet required by this by-law to be installed and maintained in a dwelling unit shall have an adequate supply of cold water. 3.3.7 The maximum temperature of hot water supplied to any plumbing fixture, except for installed dishwashers and clothes washers, in any dwelling unit shall be 49°C [120°F]. 3.3.8 A toilet or urinal shall not be located within a dwelling unit in a room used for: (1) the preparation, cooking, storing or consumption of food; or (2) sleeping purposes. 24 3.4 ELECTRICAL AND LIGHTING 3.4.1 Where electrical services are available, every dwelling unit shall be: (1) connected to an approved electrical supply system; and (2) wired to receive electricity. 3.4.2 Every habitable room in a dwelling unit shall have at least one electrical duplex receptacle for each 11.1 m2 of floor space and one additional duplex receptacle for each additional 9.3 m2 of floor area. 3.4.3 Every dwelling unit shall be equipped with an illuminating device capable of providing an adequate level of illumination in every bathroom, laundry room, hallway, stairway, service room. • 3.4.4 Every dwelling unit shall be equipped with an illuminating device capable of providing a level of illumination of 10 lx for every exterior entrance doorway. 3.5 HEATING AND COOLING SYSTEMS 3.5.1 Every dwelling unit shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than: (1) 22°C [72°F] in all habitable rooms and interior living spaces (excluding attached garages); (2) 22°C [72°F] in unfinished basement spaces; and (3) 15°C [59°F] in heated crawlspaces. 3.5.2 The indoor air temperatures specified in article 3.5.1 are to be maintained between the 15th day of September of one year and the 31St day of May the following year, unless otherwise specified by the Chief Building Official. 3.5.3 For the purpose of article 3.5.1, heat shall be provided and maintained so that the room temperature at 1.5m [5'] above the floor and 1m [39"] form the exterior walls in all habitable rooms and in any area intended for use by occupants including bathrooms, toilet rooms, laundry rooms but excluding unheated spaces such as enclosed porches, sunrooms and garages, is the minimum specified temperature. 3.6 VENTILATION 3.6.1 In every dwelling unit, all habitable rooms, bathrooms and toilet rooms shall have • adequate ventilation, either by natural or mechanical means to the standards set out in the Ontario Building Code. 3.6.2 Every basement, cellar and unheated crawlspace shall have venting provided to a size greater than or equal to 0.2% of the floor area served. 25 3.6.3 Every attic shall have venting provided to a size greater than or equal to 0.3% of the insulation ceiling area served. 3.6.4 Venting provided to comply with the requirements of articles 3.6.2 and 3.6.3 shall be designed and maintained to prevent the ingress of snow, rain, rodents, vermin and insects. 3.7 BATHROOM AND TOILET ROOM FACILITIES 3.7.1 The wall finish in every bathroom shall be water resistant in specified areas to minimum heights as follows- (1) 1.8m [5'-11"] above the floor in a shower stall; (2) 1.2m [3'-11"] above the rims of bathtubs equipped with showers; and (3) 0.4m [15 3/"] above the rims of bathtubs not equipped with showers. 3.7.2 Ail bathrooms and toilet rooms shall be located within and accessible from within the dwelling unit and all bathrooms and toilet rooms shall be maintained in a good state of repair. 3.7.3 Where a dwelling unit contains rooms intended to be used in conjunction with a rooming house or lodging house, the occupants may share a single bathroom provided that: (1) Not more than nine (9) person occupy the dwelling unit; (2) For each additional nine (9) persons or part thereof, there shall be an additional toilet, hand wash basin, bathtub or shower: and (3) Access to the bathroom can be gained without passing through: (4) a habitable room of another dwelling unit; or (5) an open area, which is not normally heated during the period of the year which heat is required by article 2.15.3 of this by-law. 3.8 KITCHEN FACILITIES 3.8.1 Every dwelling unit shall be provided with a kitchen. 3.8.2 Every kitchen shall contain an area equipped with: (1) be equipped with a source of energy and necessary utility outlets suitable for the operation of a refrigerator and a cooking appliance; (2) have a work surface of at least 0.74m2 [5ft2] which is impervious to water and grease and is easily cleanable; 26 (3) have cupboards, pantry or storage space for the storage of food, dishes, and cooking utensils, having an interior capacity of at least 0.8m3 [30ft3], of sufficient design that when loaded the cupboards and pantry will not collapse, and secured in such a manner that when loaded they will not tip or become detached from the wall to which they cupboards or pantry may be otherwise secured; and (4) a hood fan ventilator located above the cooking surface of a cooking apparatus. 3.9 BEDROOM FACILITIES 3.9.1 Except as provided in articles 3.9.2 and 3.9.3, bedrooms in dwelling units shall have an area not less than 7m2 [75ft2] where built-in cabinets are not provided and not less than 6m2 [65ft2] where built-in cabinets are provided. 3.9.2 Except as provided in article 3.9.3, at least one bedroom in every dwelling unit shall have an area of not less than 9.8m2 [105ft2] where built-in cabinets are not provided and not less than 8.8m2 [95ft2] where built-in cabinets are provided. 3.9.3 Bedroom spaces in combination with other spaces in dwelling units shall have an area not less than 4.2m2 [45ft2]. 3.10 GARAGES 3.10.1 Every garage attached to a dwelling unit shall be so maintained as to prevent gas, fumes and carbon monoxide from entering the area of the dwelling unit. 3.10.2 Gas proofing of the garage is to be done to the standards as set out in the Ontario Building Code. 3.11 ACCESS TO ENCLOSED SPACES 3.11.1 An access opening no less than 0.55m [22"] by 0.7m [28"] shall be provided to every crawlspace or other enclosed space, and every attic and roof space exceeding 0.6m [2'] in height. 3.12 MEANS OF EGRESS AND EXITS 3.12.1 Except where a door on the same floor level as any bedroom provides direct access to the exterior, every floor level containing a bedroom in a dwelling unit shall be provided with at least one (1) outside window that, (1) is openable from the interior without the use of tools; (2) provides an individual, unobstructed open portion having a minimum area of 0.35m2 [3.8 ft2] with no dimension less than 0.38m [15".]; (3) maintains the required opening described in sentence (2) without the need for additional support; 27 (4) when a sliding window is used to provide glazing area in conformance with article 3.2.6, the minimum dimension described in sentence (2) shall apply to the openable portion of the window; and (5) where a window required by article 3.1.6 opens into a window well, a clearance of not less than 0.55m [21"] shall be provided in front of the window and any protective enclosure installed over the window well shall be openable from the inside without the use of keys, tools, or special knowledge or opening the mechanism. 3.12.2 In every multiple dwelling residential property building exits and means of egress hall be provided to the standards as set out in the Ontario Building Code. 3.13 OCCUPANCY STANDARDS 3.13.1 No person shall use or permit the use of a non-habitable room for use as a habitable room. 3.13.2 Every living room, dining room, or kitchen of a dwelling unit shall have a clear ceiling height of 2.3m [7'-7"] over at least 75% of the required floor area with a clear height of 2.1m [6'-11"] at any point over the required area. 3.13.3 Every bedroom of a dwelling unit shall have a clear ceiling height of 2.3m [7'-7"] over at least 50% of the required floor area or a height of 2.1m [6'-11"] over all of the required floor area. Any part of the floor having a clear height of less than 1.4m [4'- 7"] shall not be considered in computing the required floor area. 3.13.4 Every bathroom or toilet room shall have a clear ceiling height of 2.1m [6'-111 in any area where a person would normally be in a standing position. 3.13.5 Every passage, hall, main entrance vestibule or other finished rooms other than those in basements or those specified in articles 3.13.2. 3.13.3, or 3.13.4 shall have a clear ceiling height of 2.1m [6'-11"]. 3.13.6 The number of occupants of a dwelling unit residing on a long term basis in an individual dwelling unit shall not exceed 2 persons for every bedroom. 3.13.7 In a dwelling unit, a hallway, passage way or vestibule shall not be classified as a habitable room nor can it be used as a bedroom. 3.14 ELEVATING DEVICES 3.14.1 A multiple dwelling residential property building that is more than three storeys but not more than six storeys in building height and which has an elevating device for the use of the occupants shall have at least one elevating device operable except for such reasonable time as may be required for repair or replacement. 3.14.2 A multiple dwelling residential property building which has an elevator or elevators in accordance with the standards established by the Ontario Building Code for the use 28 of occupants shall have all elevators maintained and operable except for such reasonable times as may be required for repair or replacement. 3.14.3 In the event of a conflict with the Elevating Devices Act, R.S.O. 1990, c. E. 8, the regulations passed under such act, both as amended, or an Order issued under that Act, the Act, regulation or Order prevails over this by-law to the extent of the conflict. 3.15 GARBAGE DISPOSAL 3.15.1 No Owner of a multiple dwelling residential property or an occupant thereof shall disconnect, shut off, remove or otherwise discontinue, or cause or permit the disconnection, shutting off, removal or discontinuance of any garbage and refuse chute, garbage and refuse storage room, or exterior garbage and refuse storage container except when such action is necessary in order to safely make repairs, replacements or alterations thereto, and then only during the reasonable minimum time that such action is necessary. 3.15.2 Where it is not practical to maintain garbage chutes operational because compactors are not able to be installed, the garbage and refuse chutes need not be maintained operational at all times if an alternate method readily accessible to all occupants is provided and maintained as follows: (1) a garbage storage area is provided on each floor of the building; (2) the occupants are not required to deliver garbage to the ground floor, basement or parking lot of the building; and (3) the Owner of the building provides a daily collection procedure from each floor and delivers the garbage to appropriate receptacles. SECTION 4 SUPPLEMENTAL STANDARDS — NON-RESIDENTIAL PROPERTIES 4.1 MAINTENANCE OF WALKS 4.1.1 Steps, walks, and similar areas of the yard shall have a stable, dust free surface and shall be maintained so as to afford safe passage, under use and weather conditions. 4.2 SIGNS 4.2.1 All signs and billboards shall be maintained in good repair. Any sign which is excessively weathered or faced and those upon which the paint has been excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair. 4.3 EXTERIOR FEATURES 4.3.1 All canopies, marquees, awnings, stairways, fire escapes, stand pipes, exhaust ducts and similar overhead extensions which may be affixed or adjacent to an exterior wall shall be: 29 (1) maintained in good repair, (2) properly anchored to the building and constructed to meet the standards for such extensions as set out in Ontario Building Code; and (3) protected from the elements and against decay and rust by the periodic application of a weather resistance coating such as paint or other protective treatment. 4.4 ELECTRICAL AND LIGHTING 4.4.1 In addition to the requirements of article 2.13.1, all non-residential buildings shall be connected to an electrical supply system that is adequate to supply the necessary electrical power for the intended use and shall be available at all times during the occupancy of the building. 4.5 HEATING AND COOLING SYSTEMS 4.5.1 Any non-residential building, except for those of industrial occupancy, shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than 21°C [70°F] during normal working hours. 4.5.2 For the purpose of article 4.5.1, heat shall be provided and maintained so that the room temperature at 1.5m [5'] above the floor and 1 m [39"] from the exterior walls in all rooms and spaces as described and in any area intended for use by occupants including bathrooms but excluding unheated spaces such as enclosed vestibules, storage rooms and garages, is the minimum specified temperature. 4.5.3 Where combustible materials are stored in a basement, the fuel-burning heating system shall be enclosed in accordance with article 4.5.4, 4.5.4 Where a fire separation would be required by the standards set out in the Ontario Building Code, the fuel burning central heating system shall be enclosed and or separated from the rest of the building which it serves by assemblies including but not limited to walls, floors, ceiling and doors with a fire resistance rating of not less than those identified in the standards as set out in the Ontario Building Code. • 30 4.6 VENTILATION 4.6.1 Every room in which people work shall be provided with an opening or openings for natural ventilation that shall: (1) have a minimum aggregate unobstructed free floor area of 0.28m2 [3ft2]; and • (2) be located in an exterior wall or roof. 4.6.2 The opening for ventilation required by Article 4.6.1, may be omitted where a system of mechanical ventilation capable of exchanging the volume of air in the area served once every hour is provided for the space. 4.6.3 Every basement, cellar or unheated crawlspace shall be adequately vented to the outside by means of openings with an area of not less than 1% of the area served for basements and cellars, and 0.9m2 [1ft2] for unheated crawlspace areas. 4.6.4 An opening required in article 4.6.3 shall be screened to prevent the entry of insects, rodents or vermin. 4.6.5 An opening for ventilation required in article 4.6.3, may be omitted where a system of mechanical ventilation capable of exchanging the volume of air in the area served once every hour is provided for the space. 4.7 BATHROOM OR TOILET ROOM FACILITIES 4.7.1 The wall and ceiling finish in every bathroom or toilet room shall be provided with a smooth surface and where paint is used as the surface finish, it shall be maintained as is necessary for cleanliness. 4.7.2 Every bathroom or toilet room shall be naturally vented to the outside by means of openings with an area of not less than 0.9m2 [1ft2]. 4.7.3 An opening for ventilation required in article 4.7.3, may be omitted where a system of mechanical ventilation exhausting the air to the exterior of the building is provided. 4.7.4 Where mechanical ventilation is provided to satisfy the requirement of article 4.7.4, the provisions of article 2.16.1 shall apply. 4.8 KITCHEN FACILITIES 4.8.1 Where a kitchen is provided it shall contain an area equipped with appropriate cupboards, pantry or storage space for the storage of food, dishes, and cooking utensils, of sufficient design that when loaded the cupboards and pantry will not collapse, and secured in such a manner that when loaded they will not tip or become detached from the wall to which they cupboards or pantry may be otherwise secured. 31 SECTION 5 SUPPLEMENTAL STANDARDS — HERITAGE PROPERTY 5.1 MINIMUM MAINTENANCE STANDARDS 5.1.1 In addition to the minimum standards for the maintenance and occupancy of property in the City as set out in this by-law, the Owner or occupant of any heritage property shall: (1) maintain, preserve and protect the heritage attributes so as to maintain the heritage character, visual and structural heritage integrity of the building or structure; and (2) maintain the property in a manner that will ensure the protection and preservation of the heritage attributes and values 5.1.2 The minimum maintenance standards as set out above for heritage property shall also apply to the elements, features or building components including roofs, walls, floors, retaining walls, foundations and independent interior structures and structural systems that hold up, support or protect the heritage values and attributes and without which the heritage values and attributes may be at risk. 5.2 REPAIR AND REPLACEMENT OF HERITAGE ATTRIBUTES 5.2.1 Despite any other provision of this by-law, where a heritage attribute of a heritage property can be repaired, the heritage attribute shall not be replaced and shall be repaired: (1) in a manner that minimizes damage to the heritage values and attributes; (2) in a manner and technique that maintains the design, colour, texture, grain or other distinctive features of the heritage attribute; (3) using the same types of material as the original and in keeping with the design, colour, texture, grain and any other distinctive features of the original; and (4) where the same types of material as the original are no longer available, using alternative materials that replicate the design, colour, texture, grain or other distinctive features and appearance of the original material. 5.2.2 Despite any other provision of this by-law, where a heritage attribute of a heritage property cannot be repaired, the heritage attribute shall be replaced: (1) using the same types of material as the original; (2) where the same types of material as the original are no longer available, using alternative materials that replicated the design, colour, texture, grain or other distinctive features and appearance of the original material; and (3) in such a manner as to replicate the design, colour, texture, grain and other distinctive features and appearance of the heritage attribute. 32 5.3 CLEARING AND LEVELLING OF HERITAGE PROPERTIES 5.3.1 Despite any other provision of this by-law, or the Act, no building or structure identified as a heritage property may be altered or cleared, including but not limited to removed, demolished or relocated except in accordance with the Ontario Heritage Act. 5.4 VACANT HERITAGE PROPERTIES 5.4.1 Notwithstanding the requirements of article 6.2.2, the Owner of a vacant heritage property shall protect the building and property against the risk of fire, storm. neglect, intentional damage or damage by other causes by effectively preventing the entrance to it of all animals and unauthorized persons and by closing and securing openings to the building with boarding: (1) installed from the exterior and properly fitted in a watertight manner to fit within the side jambs, head jamb and the exterior bottom sill of the door or window so that any exterior trim remains uncovered by the boarding; (2) using boards at least 19mm [3/4"] weatherproofed sheet plywood or metal secured with nails or screws in a manner that minimizes damage to the heritage attributes or secured using long carriage bolts anchored into horizontal wooden bracing on the inside face of the windows where the opening is not impeded by existing glazing; (3) in the case of window openings, all boards used shall be painted in a manner to reflect the panes of glass, window frames and muntins that were or are found on the window that is being boarded over. The panes of glass shall be painted in matte black and the window frames and muntins shall be painted in a colour that matches that of the original window; (4) in the case of door openings, all boards used shall be painted in a manner to reflect the panes of glass, frames and muntins that were or are found on the door that is being boarded over. The panes of glass shall be painted in matte black and the frames and muntins shall be painted in a colour that matches that of the original door; (5) all boards not located in a window or door opening shall be painted or otherwise treated so that the colour blends with the exterior of the building or structure; (6) all boards shall be maintained in good repair. 5.4.2 Subject to any applicable provisions of the Ontario Heritage Act, where the minimum standard imposed by article 5.4.1 has, more than once, failed to exclude unauthorized entry, and further where the Owner's control, attendance or lack of security measures to protect the heritage property suggests that a more secure option be used, the Owner shall supply such measures, including improved security of closures, as may be required by the Chief Building Official or an Officer. 33 5.4.3 Notwithstanding the requirements of sentences 6.2.2(4) and (5), no window, door or other opening on a heritage property shall be secured by brick or masonry units held in place by mortar unless required by the Chief Building Official. 5.4.4 The exterior shall be maintained in order to prevent moisture penetration and damage from the elements that may have adverse impact on any heritage attributes. 5.4.5 Notwithstanding the requirements of article 6.2.5, where a heritage property remains vacant for a period of ninety (90) days or more, the Owner shall maintain appropriate and necessary utilities to serve the building and to provide proper equipment and appliances installed as required to provide, maintain and monitor proper heating and ventilation to prevent damage to the heritage attributes caused by environmental conditions. 5.4,6 An exterior light fixture shall be installed and/or maintained at all exterior entrances to the building and must be kept on a time so that the light will turn on no later than 7:00pm of one day and remain on until 7:00am of the following day and shall maintain an average level of illumination of at least 50 lx. 5.5 CONFLICT 5.5.1 In the event of a conflict between the provisions of this subsection regarding heritage property and any other provision of this by-law or the Ontario Building Code, the provision that establishes the highest standard for the protection of the heritage attribute shall prevail. SECTION 6 SUPPLEMENTAL STANDARDS — ALL PROPERTIES 6.1 MAINTENANCE OF YARDS, PARKING LOTS AND VACANT LANDS 6.1.1 The warehousing or storage of material or operative equipment that is required for the continuing operation of an industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard and shall be arranged in such a manner to provide unobstructed access for emergency vehicles. Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view, the offensive area shall be suitably enclosed by a visual barrier of not less than 1.8m [5'-111 in height and maintained in good repair. 6.1.2 Any well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed or secured by a fence, cover or netting, unless it is in active use in which event it shall be secured by fencing and warning signs until the use has ceased, where upon they shall be sealed or secured as required. 6.1.3 Septic Tanks, holding tanks, field beds, tile beds and dry wells shall be maintained to the standards established in the Ontario Building Code for such systems. 6.1.4 Where it is intended to discontinue the use and to decommission tanks or dry wells, they shall be pumped dry and the contents disposed of at a suitable disposal site. The tanks or dry wells may be broken up and buried, cavities shall be filled with sand or another suitable material and the ground graded to match existing grades. 34 Existing building drains not being reused shall be removed from the foundation wall and the foundation wall shall be repaired and made impervious to water. 6.1 .5 Areas used for vehicular traffic, parking and other similar uses or areas shall be paved with bituminous asphalt, concrete or an equivalent surfacing or shall be surfaced with crushed stone or other suitable and reasonably dust free substance and shall be maintained in good repair. 6.1.6 All Non-residential use or multiple occupancy Residential use properties that are accessed by the general public shall have. (1) all ramps and access routes leading to parking garages kept free from ice and snow; (2) mechanical de-icing equipment for ramps and access routes, where provided, maintained in operational conditions at all times; and (3) all walks, ramps and access routes to and from the building kept free from ice and snow and other hazards at all times 6.1.7 All surfaces of crushed stone shall be maintained free of dust and from spillover onto adjacent sidewalks and other vegetative surfaces. 6.1.8 No fill shall be allowed to remain in an unlevelled state on any property for longer than seven days, unless the property is: (1) a construction site for which a building permit is in effect; (2) a property being subdivided under subdivision agreement with the City; or (3) property upon which material is being stored with the approval of the Director of Municipal Works or the Regional Municipality of Niagara in connection with a public works project. 6.1.9 No fill shall be left in an uncovered state (not covered by sod, seed or agricultural crop) on any property for longer than thirty (30) days unless the property is: (1) a construction site for which a building permit is in effect; (2) a property being subdivided under subdivision agreement with the City; or (3) property being actively farmed. 6.2 VACANT BUILDINGS 6.2.1 Where any building is vacant or unoccupied, the Owner shall protect such building against the risk of accidental or intentional damage to the property, or such damage as may be caused to other properties, arising from the entry of unauthorized persons to the building, be effectively preventing entrance by unauthorized persons. 35 6.2.2 For the purpose of this subsection, doors, windows, hatches and any other such opening through which entry may be gained are required to be kept in good repair and secured from unauthorized entry, or entry shall be prevented by closing and securing each opening with: (1) boarding which completely covers the opening with at least 13mm [1/2"] weatherproofed sheet plywood securely fastened to the building; (2) rigid composite panels securely fastened to the building; (3) sheathing boards installed within the reveal of the exterior cladding and securely fastened to the building: (4) brick and mortar securely fastened to the building: or (5) concrete blocking and mortar securely fastened to the building. 6.2.3 The materials identified in article 6.2.2 shall be of a colour compatible to the surrounding fa Lade. 6.2.4 The available options presented in article 6.2.2, shall be considered progressively more secure with sentence (5) being the most secure, and the minimum standard imposed by article 6.2.2 shall be considered not to include the use of a less secure option which has, more than once, failed to deny unauthorized entry, and further, where the Owner's control, attendance or lack of security measures to protect the property suggest a more secure option be used, then the Owner shall supply such measure including such improved security of closures as may be necessary beyond the options presented in article 6.2.2. 6.2.5 Where a building remains vacant for a period of time greater than ninety (90) days, the Owner shall ensure that all utilities serving the building. which are not required for the safety and security or maintenance thereof, are properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property. 6.3 DAMAGED BUILDINGS 6.3.1 Where a building is damaged by accident, storm, fire, neglect, intentional damage, other causes or considered unsafe under the provisions of the Act; (1) the Owner shall demolish or repair the building within sixty (60) days or a reasonable time arranged for and approved by the Chief Building Official. (2) immediate steps shall be taken to prevent or remove any condition which might endanger persons on or near the property and the building or structure shall be properly supported and barricaded until the necessary demolition or repair can be carried out; (3) defacement by smoke or by other causes on the exterior wall and surface of the building or structure or of the remaining parts of the building or structure, shall be removed and the defaced areas refinished with the care, skill and 36 quality acceptable in the trades concerned and with materials suitable and sufficient for the purpose. (4) the Owner shall protect the building against further risk or further damage, accident or other danger, and shall effectively prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4; (5) in the event of fire or explosion, damaged or partially burnt material shall be removed from the premises, except that such material may be temporarily stored within the barricaded damaged building or structure, provided that such storage does not exceed ninety (90) days; and (6) all utilities serving the building including but not limited to water, gas and hydro which are not required for the safety or security thereof, are required to be properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property. 6.3.2 In the event that the building or structure is beyond reasonable repair the land shall the that the be cleared of debris and remains and shall be left in a graded, level and safe condition without unreasonable delay. For the purpose of this article, it shall be the responsibility of the Owner of the property to demonstrate the state of reasonable repair to the satisfaction of the Chief Building Official. 6.3.3 Where an Owner chooses to retain a building or portion thereof that has been damaged in whole or in part by the circumstances identified in article 6.3.1, the Owner shall: (1) provide, at the sole expense of the Owner, documentation prepared by a professional engineer who is licensed in the province of Ontario, indicating: (a) that the structural stability of the remaining building, or portion thereof, is sufficient to support the required forces which it may be subject to; and (b) that the remaining building or portion thereof is suitable for reuse and any new reconstruction necessary to restore or replace the building that was damaged. (2) protect the remaining building, or portion thereof to the satisfaction of the Chief Building Official, to prevent further damage or deterioration which may be caused from being exposed to the elements; and (3) secure the building or portion thereof to prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4. 6.3.4 Where an Owner chooses to retain a building or portion thereof in accordance with the provisions of article 6.3.3 in a vacant condition, the occupancy of the building may be restricted or denied completely by the Chief Building Official. 37 6.3.5 Exterior walls, roofs and other parts of a building shall be free of objects and materials which may create an unsafe condition. Such objects or materials shall be removed, repaired or replaced so as to remove the unsafe condition. 6.3.6 Where a building located in the Tourist Core as defined in Schedule 'B' to this by- law, is damaged in whole or in part by the circumstances identified in article 6.3.1, the Owner shall install hoarding along the full length of all sides of the site adjacent to a public thoroughfare or street within thirty (30) days of the event, unless the building is demolished and the site is graded and cleared. 6.3.7 The hoarding required by article 6.3.6 shall be: (1) constructed to a minimum height of 2.4m [8']; (2) built of wood construction with solid panel boarding of at least 13mm [1/2"] weatherproofed sheet plywood securely fastened to the hoarding to completely cover any access or view of the site; (3) be securely fastened to the ground; and (4) be maintained so as to be free of posters or advertisements in accordance with the provisions of article 2.7.7 for exterior walls. 6.4 DEMOLITIONS 6.4.1 Where any building, accessory building or other structure is demolished, the property shall be cleared of all rubbish, waste, debris, refuse, masonry, concrete, lumber and the site left in a graded and leveled condition. 6.4.2 Where any building, accessory building or other structure is demolished in part and it is the wish of the Owner to retain any portion of the existing building or structure for future reuse, the Owner shall: (1) provide, at the sole expense of the Owner, documentation prepared by a professional engineer who is licensed in the province of Ontario, indicating: (a) that the structural stability of the remaining building, or portion thereof, is sufficient to support the required forces which it may be subject to; and (b) that the remaining building or portion thereof is suitable for reuse and any new reconstruction necessary to restore or replace the building that was damaged. (2) protect the remaining building, or portion thereof to the satisfaction of the Chief Building Official, to prevent further damage or deterioration which may be caused from being exposed to the elements; and (3) secure the building or portion thereof to prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4. 38 6.4.3 Where any building, accessory building or other structure is being demolished, every precaution shall be taken to protect the adjoining properties and members of the public. The precautions to be taken include but are not limited to, the erection of fences, barricades, covered walkways and any other means of protection necessary for the protection of the adjoining property and members of the public. 6.4.4 Prior to demolishing any building, other than farm buildings, a demolition permit must first be obtained from the City in accordance with the provisions of the Ontario Building Code despite the fact that the demolition may be required in response to an Order issued by the City. SECTION 7 VITAL SERVICES 7.1 APPLICATION 7.1.1 The regulations and standards set forth in this section are applicable to all buildings or parts thereof in the City that contain one or more residential rental units in which at • least one residential unit is occupied. • 7.1.2 This section shall apply despite any dispute between the landlord and the tenant, so long as the residential rental unit is legally occupied by the tenant. 7.1.3 Notwithstanding the provisions of article 7.1.1, this section with respect to the provision of vital services shall not apply to a landlord in respect of a residential rental unit and vital service to the extent that the tenant has as a part of a tenancy agreement expressly agreed to obtain and maintain the supply of vital service. 7.1.4 Any agreed upon terms in the tenancy agreement described in article 7.1.3 does not relieve the landlord from complying with all other provisions of this by-law for the maintenance of the property or the provision, maintenance and/or repair of any system used for the distribution of a vital service. 7.2 LANDLORD RESPONSIBILITIES 7.2.1 Every landlord shall provide adequate vital services to each of the landlord's occupied residential rental units, and no landlord shall cease to provide a vital service for a residential rental unit if it is occupied by the tenant. 7.2.2 Article 7.2.1 does not apply for the cessation of a vital service when necessary to alter or repair the residential rental unit however such cessation shall only be for the minimum period of time necessary to effect the alteration or repair. 7.2.3 A landlord shall be deemed to have caused the cessation of a vital service at a residential rental unit, if the landlord is obliged by the tenancy agreement to pay the supplier for vital service and fails to do so and, as a result of the non-payment, the vital service is no longer provided at the residential rental unit. 39 7.3 SUPPLIER OF VITAL SERVICE RESPONSIBILITIES 7.3.1 Every supplier of vital service shall provide notice in accordance with this by-law if a vital service is to be disconnected or discontinued at a residential rental unit to which this by-law applies because the landlord has either breached a contract with the supplier for the supply of the vital service or the landlord has requested the service be disconnected or discontinued. 7.3.2 The notice of disconnection shall be given in writing to the Chief Building Official, the tenant, and to the landlord at least fifteen (15) business days before the supplier ceases to provide the vital service and shall contain the following: (1) the name, address, telephone number, and email address of a suitable contact of the supplier of vital service; (2) the type of vital service being supplied; (3) the name, address and telephone number of the landlord with whom the s pplier of vital service has a contract fnr the supply of the vital service and the name of the registered owner if not the same as the landlord; (4) the municipal address of the building at which the vital service is being supplied; (5) the nature of the landlord's breach of contract with the supplier of vital service; (6) the date and time when the supplier will cease to provide the vital service, and (7) the name, address, telephone number, and email of a contact at the supplier of the vital service who may be contacted to receive direction to arrange for reconnection. 7.3.3 Every supplier of vital service who disconnects or discontinues the vital service at a building or residential rental unit to which this by-law applies and does not provide the required notice as provided in article 7.3.2 shall promptly restore the vital service at the building when directed to do so by the Chief Building Official until such time as the required notice can be provided. SECTION 8 ENFORCEMENT AND INSPECTION 8.1 OFFICERS 8.1.1 The Chief Building Official appointed pursuant to the Act, is hereby assigned the responsibility of administering and enforcing this by-law and the Council of the City of Niagara Falls shall appoint Officers responsible for the enforcement of this by-law. 8.1.2 Persons appointed or assigned for the purposes of enforcing or administering this by-law are Officers, and have the authority to carry out the duties assigned to Officers under this by-law and the Act, and may enforce the provisions of this by-law and the applicable sections of the Act. 40 8.1 .3 An Officer is hereby authorized to give immediate effect to any Order that is confirmed or modified as final and binding under the applicable section of the Act so as to provide for: (1) repair of the element or property; or (2) clearing of all buildings, structures or debris form the site and the leaving of the site in a graded and leveled condition, under the provisions of the Procurement Policy. 8.1.4 Where approved by the Chief Building Official, an Officer may permit the maintenance of property to alternate standards required by any provisions of this by- law. • 8.1.5 The alternate standards referenced in article 8.1.4 shall be in accordance with the general purpose and intent of this by-law and they shall have the same effect and force as standards required by any provision of this by-law. 8.1.6 Upon completion of the work, repairs or demolition by or on behalf of the City of Niagara Falls. the City of Niagara Falls shall have a lien on the land for the amount spent on the repair or demolition, and the amount shall be deemed to be municipal real taxes and may be added by the Treasurer of the City of Niagara Falls to the tax roll and collected in the same manner and with the same priority as municipal real property taxes as provide for by the statute. 8.2 RIGHT TO ENTER 8.2.1 By way of this by-law being in effect under Section 15.1 of the Act, an Officer acting under the by-law or any person acting under his or her instructions may at any reasonable time, and upon producing proper identification, enter upon any property without a warrant for the purpose of inspecting the property to determine: (1) whether the property conforms with the standards prescribed in this by-law; or (2) whether an Order made under this by-law has been complied with. 8.2.2 Notwithstanding the above, an Officer shall not enter or remain in any room or place actually used as a dwelling unit unless: (1) the consent of the occupant is obtained, first having informed the occupant that the right of entry may be refused and entry made only under the authority of a warrant is issued under the Act; (2) the delay necessary to obtain a warrant or the consent of the occupant would result in an immediate danger to the health and safety of any person; (3) a warrant issued under the Act is obtained; or (4) the entry is necessary to repair or demolish the property in accordance with an Order issued under this by-law and the Officer, within a reasonable time 41 before entering the room or place, serves the occupier with the notice of the Officer's intention to enter the room or place. 8.3 INSPECTION 8.3.1 For the purposes of an inspection under the provisions of this by-law, an Officer and any person acting under the Officer's instructions may: (1) require the production for inspection of documents or things, including drawings or specifications that may be relevant to the property or any part thereof; (2) inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts; (3) require information from any person concerning a matter related to a property or part thereof; (4) be accompanied by a person who has special or expert knowledge in relation to a property or part thereof; (5) alone or in conjunction with a person possessing special expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection; and (6) Order the Owner of the property to take and supply at the Owners expense such tests and samples as are specified. 8.3.2 The Officer shall divide any sample taken under article 8.3.1 into two parts and deliver one part to the person from whom the sample was taken, if the person so requests at the time the sample is taken and provides the necessary facilities. 8.3.3 If an Officer takes a sample under article 8.3.1 and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. 8.3.4 An Officer shall provide a receipt for any document or thing removed under sentence 8.3.1(2) and shall promptly return them after the copies or extracts are made. 8.3.5 Copies of or extracts from documents and things removed under sentence 8.3.1(2) which are certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentially value as the originals. 8.3.6 If in the opinion of the Officer there is doubt as to the structural adequacy or condition of a building or structure or parts thereof, the Officer may alone or in conjunction with a person possessing special or expert knowledge make examinations or take tests, samples or photographs necessary for the purposes of the examination and may Order that such building or structure or parts thereof be examined and a written report addressing the structural adequacy of the building or 42 component in question be prepared by a professional engineer, licensed to practice in Ontario. 8.3.7 The examination and testing of any building or structure or parts thereof required by article 8.3.6 shall be conducted in a manner acceptable to the Officer and the Officer may Order the examination and testing to be at the Owner's expense. 8.3.8 If the Owner or agent retains the professional engineer to prepare the written report in accordance with article 8.3.6, the Owner shall submit the report to the Officer for evaluation and review. 8.3.9 All details, drawings and specifications pertaining to all temporary shoring and other work deemed necessary by the professional engineer, shall be included with the report referred to in article 8.3.6. 8.3.10 On completion of any work required in the report prepared by the professional engineer, the professional engineer shall submit to the Officer a further report, signed and sealed by the professional engineer, confirming that all of the work has been satisfactorily completed as required by the first ra..port . 8.4 ORDERS 8.4.1 If after inspection an Officer is satisfied that in some respect the materials forming part of the building, structure or property are damaged, decayed, deteriorated or do not conform with the standards set out in this by-law, they may issue an Order to the Owner and such other persons affected by it as the Officer determines and a copy of the Order may be posted on the property to require that the materials or conditions be repaired or replaced in a workman like manner acceptable to the Officer; 8.4.2 An Order under this by-law shall: (1) state the municipal address of the legal description of the property; (2) give reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structure, debris, or refuse and left in a graded and leveled condition; (3) indicate the time for complying with the terms and conditions of the Order and give notice that, if the repair or clearance is not carried out within that time, the City of Niagara Falls may carry out the repair or clearance at the Owner's expense; (4) indicate the final date for giving notice of appeal from the Order, and (5) be served or caused to be served on the Owner of the property and such other persons affected by the Order as the Officer determines: (a) by personal service; or (b) by prepaid registered mail sent to the last known address of the person to whom notice is to be given or to that person's agent for service. 43 8.4.3 An Order served by registered mail shall be deemed to have been served on the 5th day after the date of mailing. 8.4.4 The Officer shall in addition to service set out in sentence 8.4.2(5), post a copy of the Order in a conspicuous place on the property. 8.4.5 No person shall remove, pull down, obstruct the visibility of or deface the Order placed in accordance with article 8.4.4, unless authorized by the Officer. 8.4.5 If the Officer is unable to effect service under article 8.4.2, they shall place a placard containing the terms of the Order in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Order on the Owner or other persons. 8.4.7 The Officer may grant extensions of time for compliance with any Order issued pursuant to the applicable section of the Act, beyond the time limited in such Order in any case where: (1) valid reasons exist in the opinion of the Officer for the extension; and (2) apart from such reasons, the Officer is satisfied that the Order will be complied with. 8.4.8 Where, because of non-conformity to the applicable standards prescribed by this by- law, the occupancy or use of any property in the City of Niagara Falls is, in the opinion of the Officer. hazardous to the occupants or the public, such occupancy or use is prohibited until the property is brought into conformity with the applicable standards. 8.5 APPEAL OF AN ORDER 8.5.1 An Owner or occupant who has been served with an Order made under this by-law, and who is not satisfied with the terms or conditions of the Order, may appeal to the Property Standards Committee by sending a notice of appeal by registered mail to the Secretary of the Committee within fourteen (14) days after being served with the Order. 8.5.2 The Notice of Appeal shall be accompanied by the prescribed fee required in the applicable schedule to this by-law in the form of a certified cheque, money order or cash. 8.5.3 An Order that is not appealed within the time referenced in article 8.5.1 is deemed to be confirmed. 8.5.4 If an appeal is taken, the Committee shall hear the appeal and shall have all the powers and functions of the Officer who made the Order and may: (1) confirm, modify or rescind the Order to demolish or repair. or 44 (2) extend the time for complying with the Order if, in the opinion of the Committee, the general intent and purpose of this by-law and of the Official Plan or policy statement are maintained. 8.5.5 A copy of the decision of the Committee shall be sent to the Owner, occupants and all other persons to whom the Order has been served in accordance with sentence 8.4.2(5) by prepaid registered mail within fourteen (14) days of the decision. 8.5.6 The municipality in which the property is situate or any Owner or occupant or person affected by a decision under article 8.5.4 may appeal to a Judge of the Superior Court of Justice by notifying the Clerk of the Corporation of the City of Niagara Falls in writing and by applying to the Superior Court of Justice for an appointment within fourteen (14) days after sending of a copy of the decision. 8.5.7 A Judge of the Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. 8.5.8 On the appeal the Jungle has the came mowers and functions of the Committee. 8.5.9 An Order that is deemed to be confirmed or modified by the Committee or Judge, shall be final and binding upon the Owner and occupant who shall carry out the repair or demolition within the time and in the manner specified in the Order. 8.6 PROPERTY STANDARDS COMMITTEE 8.6.1 A Committee to be known as the Property Standards Committee of the City of Niagara Falls is hereby established. 8.6.2 The Property Standards Committee for the City of Niagara Falls shall consist of not less than three (3) citizens at large to be appointed by Council, with a term to coincide with Council. The members of the Committee shall hold office until their successors have been appointed. Any vacancy on the Committee shall be filled forthwith. 8.6.3 The members of the Committee shall elect a Chair from among themselves, when the Chair is absent through illness or otherwise, the Committee may appoint another member as Acting Chair. 8.6.4 A majority of the members constitutes a quorum for transacting the business of the Committee. 8.6.5 Any member of the Committee may administer oaths. 8.6.6 The City shall provide a Secretary for the Committee who shall keep on file the records of all official business of the Committee, including records of all applications and minutes of all decisions respecting those applications. 8.6.7 The Secretary as identified above in article 8.6.6, shall keep on file minutes and records of all applications and the decisions thereon and of all other official business 45 of the Committee and Section 74 of the Municipal Act, R.S.O. 1990, c.M.45, as amended, applies with necessary modifications to such documents. 8.6.8 The Committee may adopt its own rules of procedure, but before hearing an appeal under subsection 8.5, the Committee shall give notice or direct that notice be given of such hearing to such person as the Committee considers advisable. 8.6.9 Members of the Committee shall be paid such compensation as the Council of the City of Niagara Falls may provide by resolution from time to time. 8.7 REGISTRATION OF AN ORDER 8.7.1 An Order that a property does not conform with any standards of this by-law may be registered in the Land Registry or Land Titles Office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the Order shall be deemed to have been served with the Order on the day which the Order was served. 8.7.2 Where the Chief Building Official or an Officer determines there is compliance under this by-law with an Order issued, the Clerk of the City of Niagara Falls shall forthwith register in the Land Registry or Land Titles Office, a certification that such requirements have been satisfied, which shall operate as a discharge of such Order. 8.7.3 Notwithstanding article 8.7.2, no discharge of an Order shall be registered by the Officer until such time as an Owner has paid the City the prescribed fee required in the applicable schedule to this by-law in the form of a certified cheque or money order. 8.8 COMPLIANCE ORDERS AND CERTIFICATES OF COMPLIANCE 8.8.1 The Owner or occupant of a property shall: (1) comply with all standards prescribed in this by-law; (2) comply with any final and binding Order of the Officer, (3) produce documents or things requested by the Officer for inspection as relevant to the property or any part thereof, allow the removal of such documents or things for the purpose of making copies, provide information or assist in the collection of information from other persons concerning, a matter related to the property or part thereof, allow entry by the Officer or such persons as needed to carry out an inspection or test or in aid thereof, permit examination, tests, sampling or photographs necessary for the purpose of an inspection or in aid thereof, and provide at their expense when requested, tests and samples as are specified in an Order, all as may aid or assist in the carrying out of an inspection and determination of compliance with this by-law and the relevant portions of the Act; and (4) ensure, that in complying under this by-law, and in carrying out work required under an Order or other obligation under this by-law, that the property and 46 activities shall be kept and carried out in a condition and manner that avoids conditions dangerous to the Owner, occupants or visitors to the property or which put at risk of injury or health such persons and giving adequate warning where such risks cannot be avoided so as to allow such person to avoid the danger or risks. 8.8.2 A person affected by a Property Standards Order may seek to have compliance with an outstanding Order determined by supplying such proof as may allow compliance to be determined or permit or arrange for an inspection of the property by an Officer, and shall be liable to pay any applicable fees, charges or expenses. 8.8.3 Where the proof submitted to comply with article 8.8.2 is insufficient for the Officer to • determine the compliance of the property with the Order or part thereof, the person shall, subject to the Ontario Building Code, permit or arrange for a reasonable and timely inspection by the Officer to determine compliance or that the proof submitted confirms compliance. 8.8.4 Any property Owner may make an application to the City of Niagara Falls for a certificate of compliance by completing and signing an application on the form available at the offices of the Chief Building Official and paying the applicable fee. } 8.8.5 Where a Property Standards Order has been registered, an Owner or occupant may apply for an inspection of the property in respect of the Order and shall pay the fee prescribed in the applicable schedule to this by-law in the form of a certified cheque, money order or cash at the time of application, which fee includes the registration or a discharge where compliance with the Order is found. 8.9 POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH 8.9.1 If the Owner or occupant of a property fails to repair or to demolish the property in accordance with an Order as confirmed or modified, the City of Niagara Falls, in addition to all other remedies: (1) may repair or demolish the property; (2) may clear the site of all buildings, structures, debris or refuse and leave the site in a graded and leveled condition; (3) may make the site safe or impede entry by erecting fences, barricades or barriers; and (4) may cause a prosecution to be brought against any person who is in breach of such an Order and upon conviction, such person shall forfeit and pay at the discretion of the convicting Provincial Judge or Justice of the Peace acting within their territorial jurisdiction. a penalty in accordance with the provision of Section 36 of the Act; 8.9.2 Where an Order of an Officer that has become final and binding has not been complied with and the City makes efforts to proceed to cause the property to be repaired or demolished in accordance with the Order in addition to all other remedies, the following shall apply: 47 (1) for this purpose may enter in and upon the property at any reasonable time without a warrant, with its employees and agents, in Order to demolish or repair the property accordingly; and (2) neither the City or a person acting on its behalf shall be liable to compensate the Owner, occupant or any other person by reason of anything done by or on behalf of the City in the reasonable exercise of tis powers under this by-law. 8.9.3 Where the City demolishes or repairs a property pursuant to article 8.9.1, the City shall have a lien on the land for the amount spent on the repair or demolition under article 6.9.1 and the amount shall be deemed to be municipal real taxes and may be added by the Clerk to the collector's roll, and be collected in the same manner, and with the same priorities, as municipal real property taxes. 8.10 EMERGENCY ORDERS AND POWERS 8.10.1 Despite any other provision of this by-law, if upon inspection of a property the Officer is satisfied that there is a non-conformity with the standards prescribed in this by-law to such extent as to pose an immediate danger to the health or safety of any person, the Officer may make an Emergency Order containing particulars of the non- conformity and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 8.10.2 After making an Emergency Order under article 6.10.1, the Officer may, either before or after the Order is served. take or cause to be taken any measures the Officer considers necessary to terminate the danger, and for this purpose, the municipality has the right, through its employees and agents at any time, to enter in and upon the property without a warrant. 8.10.3 The Officer, the City or anyone acting on behalf of the municipality is not liable to compensate the Owner, occupant or any other person by reason of anything done by or behalf of the City in the reasonable exercise of its powers under article 8.10.2. 8.10.4 Where the Emergency Order made in accordance with article 8.10.1 was not served before measures were taken to terminate the danger, the Officer shall as soon as is practical after the measures have been take, serve copies of the Order in accordance with sentence 8.4.2(5) on, the Owner of the property and such other persons affected thereby as the Officer determines and each copy of the Order shall have attached to it a statement by the Officer describing the measures taken by the City and providing details of the amount expended in taking the measures. 8.10.5 Where the Emergency Order was served before the measures were taken, the Officer shall as soon as is practicable after the measures have been taken, serve a copy of the statement mentioned in article 8.10.4, in accordance with sentence 8.4.2(5) on, the Owner of the property and all such other persons affected thereby as the Officer determines. 8.10.6 As soon as is practicable after the provisions of article 8.10.4 or 8.10.5, have been complied with, the Officer shall apply to a Judge of Ontario Court (General Division) for an Order confirming the Emergency Order made under article 6.10.1 and the Judge shall hold a hearing for the purpose. 48 8.10.7 The Judge of the Ontario Court (General Division) in disposing of an application brought under article 8.10.6 of this by-law shall: (1) confirm, modify or rescind the Order, and (2) determine whether the amount spent on measures to terminate the danger may be recovered in whole, or in part or not at all and the disposition of the Judge is final. 8.10.8 The amount determined by the Judge to be recoverable pursuant to article 6.10.7 shall be a lien on the land and shall be deemed to be municipal real property taxes, and may be added by the Clerk to the collector's roll, and be collected in the same manner, and with the same priorities, as municipal real taxes. SECTION 9 OFFENCES AND PENALTIES 9.1 OBLIGATIONS AND PROHIBITIONS 9.1.1 No Owner or occupant of property shall use, occupy, allow, permit or acquiesce in the use or occupation of the property unless such property conforms to the standards prescribed in this by-law. 9.1.2 No person, being the Owner, tenant or occupant of a property, shall fail to maintain the property in conformity with the standards required by this by-law. 9.1.3 No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an Officer or a person acting under their instructions in the exercise of a power or the performance of a duty under this by-law. 9.1.4 A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of article 8.1.3 unless the Officer is acting under a warrant or an Emergency Order made pursuant to subsection 7.10. 9.1.5 Every person shall assist any entry, inspection, examination, testing or inquiry by an Officer in the exercise of a power of performance of a duty under this by-law. 9.1.6 No person shall neglect or refuse: (1) to produce any documents, drawings, specifications or things required by an Officer, and (2) to provide any information required by an Officer. 9.1.7 A person is guilty of an offence if the person: (1) contravenes any section of this by-law; or (2) fails to comply with an Order that is final and binding under this by-law. 9.1.8 Every director or Officer of a corporation who contravenes article 9.1.7 is guilty of an offence. 49 9.1.9 Where any property with the City of Niagara Falls does not conform to the applicable standards set forth in this by-law, the Owner of the property shall: (1) repair and thereafter maintain such property to conform to such standards; or (2) where conformity to such standards cannot be effected by repair, clear the site of all buildings, structures, debris and refuse not in conformity, and leave such area of the site in a graded and leveled condition. 9 1 10 All repair and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All construction, repair, renovation or demolition shall conform to the requirements of the Ontario Building Code and is subject to the requirements for all applicable permits. 9.2 PENALTIES 9.2.1 Subject to articles 9.2.2 and 9.2.3, every person who contravenes any provision of this by-law is guilty of an offence and is liable upon conviction to a penalty in accordance with the Provincial Offences Act. 9.2.2 Every person who fails to comply with an Order issued under this by-law which is final and binding is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000 for the first offence and to a fine of not more than $100,000 for a subsequent offence. 9.2.3 If a corporation is convicted of the offence of failing to comply with an Order issued under this by-law, the maximum penalty that may be imposed on the corporation is $100,000 for a first offence and $200,000 for any subsequent offence. SECTION 10 ADMINISTRATION 10.1 VALIDITY 10.1.1 Should a court of competent jurisdiction declare a part or whole of any provision of this by-law to be invalid or of no force and effect, the provision or part is deemed severable from this by-law, and it is the intention of Council that the remainder survive and be applied and enforced in accordance with its terms to the extent possible under the law so as to protect the public by ensuring a minimum standard for maintenance and occupancy is maintained. 10.1.2 Where a provision of this by-law conflicts with the provision of another by-law, Act, or Regulation in force within the City of Niagara Falls, the provisions that establish the higher standards to protect the health and safety of persons shall prevail. 10.2 TRANSITION PROVISIONS 10.2.1 After the date of the passing of this by-law, those by-laws identified under subsection 9.4 shall apply only to those properties in which an Order to Comply has been issued 50 prior to the date of passing of this by-law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order, including any demolition, clearance, or repair carried out by the City of Niagara Falls shall have been concluded. 10.2.2 In the recovery or enforcement of penalties and forfeitures incurred, or in any other proceeding in relation to matters in respect of a Property Standards by-law of any former area municipality, including the predecessor to by-laws mentioned in subsection 9.4, the process may be continued and carried out under this by-law. 10.3 FEES 10.3.1 Any fee required by or described in this by-law shall be as set out in Schedule "A" to this by-law. 1 10.4 BY-LAWS TO BE REPEALED 10.4.1 By-laws No. 98-50, 99-52 and 2000-91 are hereby repealed 51 10.5 DATE OF ENACTMENT 10.5.1 This by-law shall come into force and effect on September 1, 2015. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015 Second Reading: August 25, 2015 Third Reading: August 25, 2015 `SCHEDULE A' to By-Law 2015-Draft FEES The identified items below shall be subject to the following fees: (1) Certificate of Compliance $150.00 (2) Discharge of an Order registered on title $450.00 (3) File Notice of Appeal $500.00 City of Niagara Falls By-law 2015-Draft Property Standards By-law 53 `SCHEDULE B' to By-Law 2014-Draft TOURIST CORE The tourist core area shall be the area referenced on the map below. -.... _.: '1`' City of Niagara Falls Nlag araraIi,, Tourist Core 420 HT KITCHENEI ST PROSPECT ST \ Jam.., J V NORTH ST I 3��c- �l :" / cu 9� j 1 Si,T , �/r 2g 1 c4SFT / ✓�' �P L— 1 f/ FERRY ST L.tJNDY'S LN -n r- 0 / ry q i , T > BARKER ST /< ROBINSON ST t I ! I ' i-7. MURRAY SA r t Sa I < DIXON ST n �, i Ir 1 DUNN ST t I cn1s. zz le ' T f < Z < 1 .."-*1 Tourist Core Zvi: Property Parcel ----, ` Road IRiver �� MCLEODRD j""'—��� \ 461r } \ -"r?,a RiVEH fq rkk 2ISLE RD Idmclt:•"I5 KnGIS.,,Requosts`2015'•CdstorrPlanninq',TaurislCcre and 0151 nae PBD-2015-39 ipfiy, August 25, 2015 agara REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-39 PLC-2015-003, Request for Removal of Part-Lot Control Lots 170-173 (Inclusive), Plan 260 8452-8484 Willoughby Drive Parkway Gardens Applicant: W.S. Walters Construction Limited RECOMMENDATION 1 . That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 170-173 (inclusive), Plan 260, as exempt from Part-Lot Control for a period of two years. 2. That the applicant be required to notify the City when the new deeds for the lots have been registered. EXECUTIVE SUMMARY W.S. Walters Construction Limited has requested that Council pass a by-law to exempt Lots 170-173 (inclusive), Plan 260 (8452-8484 Willoughby Drive) from being subject to Part-Lot Control to allow the sale of the individual dwelling units in the four (4) existing semi-detached dwellings. The request can be supported based on the following: • the use of this Planning Act mechanism is an acceptable alternative to a consent because the lots are located within a registered subdivision; • the zoning permits the proposed parcels sizes; and • the by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold and will also maintain a Bell easement over each parcel. Each semi-detached dwelling is currently serviced by one common sanitary lateral. The Ontario Building Code requires a building to be connected to public services separately from the piping of any other building. In order for each dwelling unit of each building to comply with the Ontario Building Code, the applicant will have to provide separate sanitary laterals to each dwelling unit. The by-law lifting Part-Lot Control included in tonight's agenda is worded such that it will be of no force or effect until the City's Chief Building Official confirms that the applicant has provided each dwelling unit with its own sanitary lateral. 2 PBD-2015-39 August 25, 2015 BACKGROUND Proposal W.S. Walters Construction Limited has submitted a request to have Part Lot Control removed from Lots 170, 171, 172 and 173, Plan 260 (8452-8484 Willoughby Drive), in the Parkway Garden subdivision. The subject lands are illustrated on Schedule 1 . The removal of Part Lot Control is a planning tool that is intended to allow the creation of separate parcels for each of the existing semi-detached dwelling units. Refer to Schedule 2 for further detail. ANALYSIS/RATIONALE The subject lands are located within the Parkway Garden subdivision (Plan 260) which was registered in 1956. The subdivision contains a mix of lots for one family detached dwellings and semi-detached dwellings. The subject semi-detached dwellings and the proposed parcels are shown on the attached reference plan (Schedule 2) which is intended to be used to separate the 8 units. The subject lands are zoned Residential Single and Two Family (R2) by Zoning By-law No. 79-200. The semi-detached dwellings and the proposed parcels comply with the zoning regulations. Currently an easement in favour of Bell Canada is registered over the rear portion of the lots. Part-Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided. Municipalities have the ability to exempt lots and blocks from Part-Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without consent. Approval of a Part-Lot Control by-law is requested so that each semi-detached dwelling unit can be sold with its own parcel of land. A rear yard easement in favour of Bell Canada over each half of the lots is also being maintained through this process. The subject dwellings were constructed in 1965. When the applicant's agent inquired about lifting Part-Lot Control he was advised that the City would require proof that each dwelling unit was serviced separately. The agent has confirmed that this is not the case and is of the opinion that the existing condition should be allowed to continue because there have been no known issues since the units were constructed 50 years ago. See Schedule 3 for further detail. However. the Ontario Building Code requires a building to be connected to public services separately from the piping of any other building. In order for each dwelling unit of each building to comply with the Ontario Building Code, the applicant will have to provide separate sanitary laterals to each dwelling unit. In order to protect future purchasers, the by-law lifting Part-Lot Control included in tonight's agenda is worded such that it will be of no force and effect until the City's Chief Building Official confirms that the applicant has provided each dwelling unit with its own sanitary lateral. 3 PBD-2015-39 August 25, 2015 Part-Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. The by-law as written lifts Part-Lot Control for two years. The applicant should be required to notify the City when the new deeds have been created in order to update municipal records. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As the semi-detached dwellings already exist, there are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS Schedule 1 — Location Map Schedule 2 — Proposed Lots Schedule 3 —Applicant's Letter Recommended by: .�J\J Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: 1.2AA}64A) Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S.\PDR12015\PBD-2015-39. PLC-2015-003. Request Removal of Part Lot Control. 8452-8484 Willoughby Dr.docx 4 PBD-2015-39 August 25, 2015 SCHEDULE 1 lQ {�1' t;1176 70 q UNNING co 'k + CATSEO- pts i 5 PBD-2015-39 August 25, 2015 SCHEDULE 2 T_ big - �w ,..- ''--1.-- ,. PIAN 59R all : htCeraM2Manabh,fflaa ., w„ z .:. .v u 140.1.1-halWalahMa•P METRIC NO.1 ,ows awA...w-w..wo. 1 / '( c -z3`J ;1Y�. �:.i, P 04S'ANLE NOTE ;� " �� era •as°""...... i7 �..,...... �..,\ ;' - - ,lea ,,3. tx bWn �I�.' ., .....-141144. rie, a 'I 0 1 ' ‘1.-.----"'"---1' P1 ti _ qII c aWau wear _ ' f1+dM.ii iiMtLM z'‘...4 . '�`^ rt, LEGEND y�S, i p ', ,ems w :I ,, a �r .ig „— " �t PPFIf 01 to ye ._ ,,, ;;' `a 1:.pAarq.1 .2y, , --- - _ .- I ...I 24:-., t }y }� Jilt 1� q o 2 i e� "'N' T.'s pNR ri Iq 1 ' i Ili � \I Ft.Cr`.q,, ,gra`' t ,A1014�Pgrf 13i.z,„,_ I'''''2 :j 6 PBD-2015-39 August 25, 2015 SCHEDULE 3 N0bSb4Ub23 SINCLAIR 03:00:42 pm. 07-29-2015 2'8 BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N.SINCLAIR,Q.C. Barrister& Solicitor bra:r hriansrrclarr.eorn 5627 Main Street Niagara Falls,ON L2G 5Z3 Telephone 905-354-0523 Facsimile: 905-354-2576 July 29, 2015 Faxed to: 905-356-2354 Attention: Doug Evans, Engineering Dept. City of Niagara Falls 4310 Queen Street, P.O Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Sir: Re: PLC-2015-003, Part Lot Control Application Lots 170, 171, 172& 173, Plan 260 8452-8458 Willoughby Drive, Niagara Falls W.S.Walters Construction Limited In connection with the above matter,the above lots which we are applying to obtain part lot control over have a single outlet to the sewer. The City has indicated that it would be preferably to have separate laterals going to the sewer. These buildings were built by W.S. Walters Construction Limited in 1965 and there have been no problems with the single as far as their properties are concerned. They own other properties besides the four that we are trying to obtain part lot control over. In 2012, I acted for Walters who sold an identical building namely, 8480 and 8586 Willoughby Drive. These lots received part lot control in 1979. They are identical to the ones that we are dealing with. I enclose a copy of the by-law indicating that these lots were exempt from part lot control. I also enclose herein a copy of the survey of that particular lot which is identical to the above lots. That lot of course has a single outlet. 7 PBD-2015-39 August 25, 2015 9UbJb4U923 SINCLAIR 03:01.09 p.m. 07-29-2015 3/8 - 2 - If we have to put in separate laterals this would involve digging up all of the lawns on all of the properties and it would be very expensive. In view of the fact that the existing situation has existed satisfactorily since 1965 and that a previous by- law did not require the laterals to be separated we submit that the same treatment should apply to these lots. If there is concern about who would pay if a problem with the laterals occurs,we could easily incorporate an agreement whereby the two individual owners on each side would share equally in the expense to repair any problem with the lateral. We would therefore respectfully suggest that the present situation be allowed to remain. Yours very truly, B: _ CLAIR PROFESSIONAL CORPORATION r!LAIR, Q.C. osure Cc: Ken Mech Alex Herlovitch Ken Beaman Anamika Dilwaria Recognized by the Law Society for 5o years of service 9053540523 SINCLAIR 01:27:19 p.m. 08-19-2015 1 /4 BRIAN SINCLAIR PROFESSIONAL CORPORATION BRIAN N. SINCLAIR, Q.C. Barrister & Solicitor brian{cabriansinclair.com 5627 Main Street Niagara Falls, ON L2G 5Z3 Telephone: 905-354-0523 Facsimile: 905-354-2576 August 19, 2015 P Faxed to: 905-356-9083 Attention: Dean lorfida, City Clerk City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 C.11 Dear Dean: Re: PLC-2015-003, Part Lot Control Application Lots 170, 171, 172 & 173, Plan 260 8452-8458 Willoughby Drive, Niagara Falls W.S. Walters Construction Limited In connection with the above matter, I would very much appreciate the opportunity to address Council members on Tuesday May 25th at 5:00 p.m. Enclosed please find a copy of the Part Lot Control Bylaw. The property that this Part Lot Control Bylaw applies to is located at 8480 and 8586 Willoughby Drive, which is beside the properties in question. When the Bylaws were done at this particular time, there was no time limits set on the Bylaws for part lot exemption. As you can see, this was done in 1979 and there were no requirements to put separate laterals in. Bob Robinson has taken photographs of each individual sewer and I will be getting you copies of the results which will show that the laterals are in good condition. Yours very truly, BR! _ CLAIR PROFESSIONAL CORPORATION ,ygir'r k LAIR, Q.C. 400 Enc osure Recognized by the Law Society for 5o years of service 9053540523 SINCLAIR 01:27:46 p.m 08-19-2015 2!4 • CITY OF NIAGARA PAILS Hy-law No. 79 - 11 A by-law to designate certain land not to be subject to part lot control. WHEREAS subsection 5 of section 29 of The Planning Act, R.S.O. 1970 provides, in part, that the council of a municipality may by by-law provide that subsection 4 of the said section does not apply to land that is within such registered plan or plans of subdivision or part or parts thereof as is or are designated in the' by-lee and where the by-lar is approved by the Minister, subsection 4 ceases to apply to such land; and WHEREAS the approval of the Minister of Housing referred to above was delegated to the Regional Municipality of Niagara on September 1, 1977; and WHEREAS it in proposed to erect sena-detached dwelling houses on the land hereinafter described; and WHERFAS each of the lots contained included in the land hereinafter described is designed and Boned to permit the erection of semi-detached dwelling houses thereon; and WHEREAS the Council of The Corporation of the City of Niagara Falls deans it expedient to designate the said lend not-to be subject to part lot control as provided in the said subsection 4; NOW THEREFORE THE CODICIL OF THE CORPORATION OP THE CITY OF NIAGARA FALLS REACTS AS FOLLOWS; 1. Subsection 4 of Section 29 of The Planning Act, R.S.O. 1970 does not apply to the following designated land: All and Singular that certain parcel or tract of land and premises, situate, lying and being in the City of Niagara Palls, in the Regional Municipality of Niagara and being composed of Lots Numbers 174 end 177, all according to a plan registered in the Lend Registry Office for the Registry Division of Niagara South ae Plan No. 11 for the forcer Village of Chippewa now known as Plan No. 260. Passed this 27th day of August , 1979. (Sgd) J. L. COLLINSON ,0$d) S. W. T CMEON J. L. COLLINSON, CLERK. WAYN4 MAYOR. First reading: August 27 , 1979. -- A Second reading: August 27 , 1979. j Third reeling: August 27 , 1979, 1.1fj', i , ., ... y 2ditp :j 71-9114°: ..79• 9053540523 SINCLAIR 01:28.14 p.m 08-19-2015 3/4 • AI-PROVED pursuant to Section 29(5) of Planning Act Dated—..z1ii. Day of.442Liza...., .1,-11"4:19N E. CAMP-4.74/8E I-, CliAtRMAN REGIONAL MUNICIPALITY OF NIAGARA L. • •.. .1 • cp_ A • illi _ \ it g- WYI L l d _6C, Ctk)\ ....IM 1,11 ,,,, 0 c� L\D.3 f Itze i en 4CII S. hi .c 5 T 1.4 ,,-) I r b -,: n 7 w n waaOX am LG O lhj <H K H ta piroC�G p� m C+� o C M+CR kkN^NIfa rt 0 4 t0 '� Q ZZZ , �, a r K 8'� i--. V 0 (t 01 el M Onpi • '11413004 y`,z6b11, I MW-2015-09 August 25, 2015 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2015-09 Winter Maintenance Policy Review RECOMMENDATION 1 . The purpose of this report is to provide supplementary information on winter maintenance levels of service following the Winter Maintenance Presentation to Council on December 9, 2015. 2 That the Municipality calls on the Provincial Government to create and provide a Minimum Maintenance Standard for Sidewalk Winter Control Maintenance. EXECUTIVE SUMMARY At the December 9, 2014 Council meeting, staff presented a Winter Maintenance presentation that provided an overview of current winter control service levels and costs associated with implementing service enhancements. Council, at its meeting of December 9, 2014 approved the following; 1 . That staff investigate the costs associated with the driveway windrow clearing program. 2. Sidewalk snow clearing standards in other jurisdictions; 3. Mechanical snow clearing equipment available in the market-place and being used in other government jurisdictions or in the private sector to clear narrow width sidewalks and walkways; 4. Any information related slips and falls claims, settlement costs or pertinent court decisions with respect to winter sidewalk maintenance in Niagara Falls; 5. Existing funds committed to sidewalk snow clearing programs; August 25, 2015 MW-2015-09 6. Information related to the AODA requirements and the City's ability to meet those requirements, including which are "high pedestrian volume sidewalks" that receive higher level of service; 7. To explore various options to provide enhanced sidewalk winter maintenance. BACKGROUND Municipal Works provides a full suite of winter maintenance services including roadway de-icing, roadway ploughing, sidewalk clearing, walking trail clearing and snow removal (haulage), including laneways. Where mechanically possible, these services are delivered consistently and equitably to all areas of the City. Driveway Windrow Clearing Staff was requested to investigate the Driveway Snow Removal Program initiated by the Town of Oakville. Upon investigation the 2011 report entitled "Driveway Snow Windrow Removal Pilot Program" was not adopted and did not receive budget funds to initialize. The City is obligated to maintain its road and sidewalk network under the provisions of the Ontario Municipal Act. Such maintenance includes winter control services to ensure a minimum level of safety for motorists and pedestrians. Providing a safe road and sidewalk network mitigates liability for the City and ensures the efficient mobility of people, goods and services. The Municipal Act does not require a municipality to clear snow windrows at driveways. If so desired, a municipality could choose to offer such an enhanced service. Niagara Falls currently does not provide city-wide driveway snow windrow removal service. However, on December 9, 2014 Council approved a motion to investigate and report on the costs involved in implementing a program to remove driveway windrows for senior citizens and physically challenged persons. Implementing a full scale city-wide residential driveway snow windrow-clearing program would be a large scale operation with significant financial and service level commitments (there are well over 33,380 residential driveways in the City). To accomplish this, the City would need twenty (25) additional specially equipped plow units. In this way, a dedicated piece of equipment can remove the driveway windrow from 1,309 residential driveways as it follows the main plow, without delaying current road plowing service levels. Windrows would potentially be cleared within 12 — 16 hours after all roads have been plowed. The City does not currently have equipment to clear driveway aprons or sufficient space to store the necessary additional equipment resources to implement a full scale city-wide program. The City would need to lease or acquire suitable land large enough to store the equipment, or contractors will have to provide storage grounds within Niagara Falls at August 25, 2015 MW-2015-09 additional costs a part of their unit price. In addition to the equipment requirements, the co-ordination and timing of such an operation will be challenging, additional seasonal staff resources would be required to coordinate the equipment operation and to address what we expect to be very high customer service demands associated with providing this service. The cost of providing a city-wide driveway snow removal program is quite significant. Estimates to provide such a service are approximately $41.25 per season/per residential driveway. Prices can fluctuate based on the number of winter events per season. Based on the above offering this service to all resident would cost approximately $1.3 million. Should the program be limited to seniors and those with disabilities who are physically unable to clear their driveway windrow estimated cost of approximately $237,637 based on Stats Canada statistic of 17.3% of population being senior citizens. This represents an increase of 7% to the current winter control maintenance budget. The following conditions require evaluation for operational impacts: • Roadway cross-section (i.e., urban with curbs vs. rural with shoulders/ditches) • Driveway spacing (residential lot widths and densities) • Boulevard width and sidewalk offset for edge of roadway • Roadway grade (i.e., how a hilly section of road may effect productivity) The service itself will only remove/clear the windrow to eliminate the driveway blockage, but does not provide for a complete (edge to edge, bare pavement) cleanout to the base of the driveway, comparable to what many residents would undertake themselves. As a result residents will still have some clean-up to complete if they want to make it consistent with the remainder of their particular driveway area, and complaints can routinely be expected due to each homeowner's personal expectations for driveway snow clearing work in comparison to (a) the timeliness of the service delivery, and (b) the perceived quality of the snow removal operation. It is estimated that the maximum time between when the road is plowed and the windrow is cleared would be twelve (12) to sixteen (16) hours; however, many of the driveways will likely be completed much sooner. Should staff reduce our plowing speed in order that the Windrow Clearing vehicle could follow, it would increase our response times to have the City fully plowed from 8 — 10 hours upwards to 16 hours. The estimated costs for this project are based on the following: • Current market rates for specialized contracted equipment • One equipment unit per zone (25 in total) required to provide the service • Offering the service for an average winter season which is based on five (5) storm events where snow exceeds 10 cm in total snowfall. • One additional seasonal staff for contractor supervision and customer support. August 25. 2015 MW-2015-09 • Communications and marketing • Estimates are reflective of full season (annualized) costs. This project will involve contracted resources and tendering will be required well in advance of implementing this project in order to procure the necessary equipment. As a • result should Council wish to proceed with the project it will be implemented for the commencement of the 2016/2017 winter season (December 1, 2016 — March 31, 2017). Sidewalk Snow Clearing Operations Standards in Other Jurisdictions There are no commonly accepted best practices amongst municipalities for the maintenance of sidewalks during the winter months. In fact, there is currently no accepted minimum maintenance standards for sidewalk winter control that are legislated on municipalities in Ontario. An Ontario Good Roads Association (OGRA) Task Force is currently reviewing sidewalk winter control standards throughout the province given the inconsistency in levels of service. The Task Force will develop a set of Minimum Maintenance Standards (MMS) to be used Province wide. Until MMS are established it would be premature at this time to comment on various levels of service. It is recommended to; • Defer Sidewalk Winter Control Standards until MMS have been established. • That the Municipality calls on the Provincial Government to create and provide a Minimum Maintenance Standard for Sidewalk Winter Control Maintenance. • Staff to bring a report forward once Sidewalk Winter Control MMS have been established. Snow Removal During a typical winter in Niagara Falls, the City experiences numerous freeze/thaw cycles that result in much of the snow melting prior to the onset of the next storm. In Niagara Falls, snow removal that involves haulage or on-site melting is an unbudgeted activity and undertaken only when required for safety reasons at targeted locations. Staff are concerned that there would be subsequent pressure to broaden the scope of a snow removal program beyond the limits of current designated areas, i.e., hospital, transit transfer and bridge decks. To clarify, there is a significant distinction between snow plowing and snow removal. Snow plowing is the immediate post-storm response that is targeted towards clearing the sidewalks of snow and includes the application of a de-icing material. The current mechanical sidewalk clearing program as delivered by Municipal Works costs approximately $545,056. This does not include any snow removal to snow storage sites that may be required. Snow removal typically takes place when snow has accumulated at the roadside to the extent that the width of the roadway is compromised to the point that travel lanes have been narrowed and pose a safety concern. A consistent snow removal program intended to remove snow by hauling it to snow storage approximately four times per year from areas that do not receive mechanical August 25, 2015 MW-2015-09 clearing would involve the use of city forces, time permitting between forecasted operations and required rest periods, supplemented by the contracting of dedicated snow removal equipment. This equipment would be paid both daily standby and hourly operating rates to ensure its availability when required and the regularity with which it may be required. Staff continues to be of the opinion that the current approach to snow removal is the most fiscally responsible. ANALYSIS/RATIONALE Beyond the financial implications of introducing this major new service Council also needs to consider: • No "Exit Strategy" —there may be some risk of not being able to turn back once the service has been accepted — even if it is deemed upon evaluation as a unsuccessful project or it proves just too costly on a city-wide basis. • Service Inequities — by introducing it to a few, but not all, residents who live near a homeowner who receives the service, may resent and protest the disparity in service levels introduced by the City. As an example, city-wide sidewalk clearing service levels that have been introduced over time but have become extremely difficult to consider as candidates for service reductions or elimination, once existing residents have become accustomed to the service. FINANCIAL/STAFFING/LEGAL IMPLICATIONS A) PUBLIC A public process has not been initiated to date. Any approved program will require a significant level of advance notice to communicate and inform affected residents. B) FINANCIAL Cost estimates detailed in this report reflect a full season cost. Should Council approve the project it will be implemented for the commencement of the 2016/2017 winter season with the full cost of the program proportionally split, 25% and 75% respectively over the 2016 and 2017 fiscal operating periods. C) IMPACT ON OTHER DEPARTMENTS & USERS This report deals with winter maintenance service levels within municipal road corridors as provided by Municipal Works Operations. Coordination with Corporate Communications and Risk Management will be required. • August 25, 2015 MW-2015-09 D) COMMUNITY SUSTAINABILITY From a social sustainability perspective, a driveway snow windrow removal service would benefit some residents and support some social aspects of community living, however it would have to be balanced off against the impact to the economic sustainability of the community by using property tax funding to offer a very costly • increase to city-wide service levels that not all residents would expect nor desire. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priorities to seek opportunities for organizational efficiency and effectiveness. LIST OF ATTACHMENTS 1. Specialized Equipment — Appendix A 2. Windrow Benchmarking Survey — Appendix C Recommended by: Geoff Holman, Director of Municipal Works 2,1_41/....) Respectfully submitted: Ken Todd, Chief Administrative Officer M Tikky August 25, 2015 MW-2015-09 Appendix A— Specialized Equipment Z •* M -$1.1V i. 1 {� 1 � t 4 ' j 4 \ L +' Y Ir s 3 17:1 -1 k.',,ge85 Litt-- .Y3 k,::w:'y t ,, lf, Ili : : $ S ,. ? � i ilirrr, It -fes s The windrow removal equipment would comprise of a custom fabricated hinged plow blade attached to the front of a backhoe/loader or tractor. This equipment is designed to push the snow not pick it up or remove it. Appendix C- Windrow Benchmarking Survey Question MW -2015-09 Attachment #2 Richmond Hill 1) Does your municipality offer driveway windrow removal to all households? No Markham Vaujhan Stouffville 1 King 1 Burlington Toronto _ J No 2) Does your municipality offer a driveway windrow removal program for qualifying residents? If yes, how do residents qualify for this program? 3) Does your municipality charge a tee to residents for the service so that it does not impact the tax rate? Or has your municipality ever considered this approach? 4) If you provide windrow service for qualified residents only, do you also offer this service to non - eligible residents for a fee? Yes. Residents that are 65 years of age or have a disability preventing them from being able to perform the activity. Required to provide proof of age or medical certificate with application. No. No. Yes No No No Yes — where it is mechanically possible to do so. Streets with monolithic sidewalk, on street parking, etc. do not receive the service. Yes. Must be 60 years of age or older with no other able bodied person under 60 residing in the household, or by providing medical documentation that they're physically challenged and require the assistance. No, but we have charged a nominal fee in the past. No nla Yes — All residents of the household must be 65 years of age or older or a medical note provided to the Town Seniors Only - they must apply. Yes- for individuals with disabilities. The program is limited to the first 150 registrants. No No. nla 5) When was the windrow service program implemented? Last updated: May 25, 2015 2005 Approximately 20+ years ago. User pay -1997 City wide- 1999 No consideration has been undertaken at this time. No No. Yes- $51 non- refundable fee for the entire season. There is no fee. It has never been considered, No No No Not sure, was in place for at least the previous 8 2003 2007-2008 It has been in place since amalgamation in Appendix C. Windrow Benchmarking Survey Question Richmond Hill l Markham Vaughan Stouffville Kind 1 Burlington 1 Toronto Last updated: May 25. 2015 winter seasons. 1998. Prior to that, it had been in place since approx.. 1995 in Scarborough and since the 80's in North York. 6) Is the service performed by a contractor or provided in-house? Town Staff Contracted Service that piggy backs on the Local Road Plow contract. Contractor Contractor In house, Contractor 100% contractors 7) If the service is contracted, is there a standby cost? If yes, how much? nlaNo Yes. $55.00/day per unit Yes -There S1.065 million standby cost. nla Yes/no - varies. is an option for standby within the bid submission. Contractors are paid a daily standby rate(ranges from $150/day to $250/day) and an hourly operating rate(ranges from $150/hr to $200/hr). There are approx.. 16 different contracts and various types of equipment are used. 8) If the service is contracted, what is the length of the contract? nla 7 years with a three year renewal option. Winter Maintenance Contract 7 years 3 seasons with possible extensions for another 2. Included with our sidewalk winter maintenance contract. Na 1 year contract. Contract may be extended up to 5 years We are currently in the final year of a 2008-2015 contract and have just tendered for 2015 - 2022. 9) What is the total number of driveways that Approx. 1,400 Increases steadily. Presently, over 80,000 Around 300 per season. 120 Approximately 125, with a Approx. _ 252,000 Last updated: May 25. 2015 Appendix C- Windrow Benchmarking Survey L_ Question Richmond Hill Markham Vaughan Stouffville Kind Burlington Toronto —i receive the service? 3,100. maximum of 150. Approx. $41.25 per driveway per season or $8.75 per event (based on 5 events) Approx. $115.00 Per driveway per season or $6.85 + HST per event (based on 15 events) rife $51 (paid by the resident) Approx. $20 per driveway per season. 10) What is the cost per driveway for the program? Approx. $45.00 per driveway per season Approx. $62.00 per driveway per season or $12.50 per event (based on 5 events) Estimated $30,825 per season + HST (15 events dria x 300 drivewvewayyon s nla Approximately $20K $30K Approx. $5M 11) What is the total costAnnual of the program? Approx. $64,000 budget is $119,000.00 Operating, and $75,350.00 Standby 3 year average- $1.3 million Add $2M for snow removal Tax base funded. Tax base funded. Tax based funded- done by staff as part of re4 ular duties. Cost of program is off -set by $51 annual fee/driveway Tax base funded, Tax base funded. Tax base funded. 12) Is the program funded from the tax base (do all taxpayers pay or only those usins the service ? Within 24 hours after the end of the snow event. After all other routes are completed. Within 16 hours of the road being plowed. The service does not include windrows left by sidewalk plows. It is linked to road classification. As it is part of the plowing operation, driveways are cleared within 1 – 2hrs of the road being plowed. 13) What is the level of service provided (response time)? Within 30 hours after storm has ended. Windrows to be completed within 8 hours of their road being plowed. 16 hours from the time we activate our plows. Included in contract price. rile Contractor's responsibility. The service is provided by contractors. All contracted equipment is parked in our yards. The contractor pays for all re lairs, etc. out Borne by the contractor. nla 14) What is the cost of repairs, equipment and storage required for the program? Last updated: May 25, 2015 Appendix G- Windrow Benchmarking Survey Question Richmond Hill Markham Vaughan Stouffville King Burlington I Toronto Note from the City of Vaughan: Staff recommended to Council that the service be terminated however; this request was denied. Staff will be preparing a new winter maintenance contract for the November 2016 that maintains the status quo. In winters where there is large snow accumulation the City is forced to commence full street snow removal that can be attributed primarily to the windrow program. The nature of the machine tends to have the snow fall back out towards the road. With each subsequent plow the snow moves farther away from the curb causing significant narrowing of streets. In the past years the City has spent as much as $4 million on snow removal, last updated. May 25, 2015 of their daily standby & operating rates. 15) What is the cost of fuel required for the program? Borne by the contractor. 3 year average $17,000 Included in contract price. n/a Contractor's responsibility. Fuel is paid by the contractor. 16) What type of equipment is used for your program and how many units are required? Pickup truck with front plow, currently 10units are contract for this under contract service. Back hoes/tractors- 43 One with every plow in residential areas. Pickup truck. Contractor typically3,but contract r only requires one. Pickup with a blade. Contractor dependent, typically pickup - trucks. One driveway plow is required per plow beat. We use graders, front end rs, tractors, etc. all with attached driveway windrow gateiblade. No. 17) Has your municipality ever surveyed or invited comments from residents regarding the windrow service removal program? If yes, please explain. No but comments are received through our contact centre. It is my understanding there was a survey undertaken quite some time ago, but have not been able to confirm this, Yes those that do respond appear to like the service. No, but has briefly been discussed between some Council members and Public Works staff. No plan going forward at this time. No. No. Note from the City of Vaughan: Staff recommended to Council that the service be terminated however; this request was denied. Staff will be preparing a new winter maintenance contract for the November 2016 that maintains the status quo. In winters where there is large snow accumulation the City is forced to commence full street snow removal that can be attributed primarily to the windrow program. The nature of the machine tends to have the snow fall back out towards the road. With each subsequent plow the snow moves farther away from the curb causing significant narrowing of streets. In the past years the City has spent as much as $4 million on snow removal, last updated. May 25, 2015 F-2015-33 NiagaraJalls August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: 2015-33 Monthly Tax Receivables Report — July RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of July 31 . 2015 were $19.0 million compared to $18.7 million in 2014. During July, tax receivables as a percentage of taxes billed increased slightly from 32.6% in 2014 to 32.9% in 2015. The City's finance staff has had continued success in resolving properties that are subject to registration for 2015. At this stage, 85.1% of properties have developed payment arrangements or have paid in full. There are currently twenty-two properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2015 lags slightly behind the collection history for 2014. Table 1 shows that taxes outstanding at July 31 , 2015 are $19.0 million. This represents a slight increase from $18.7 million in arrears for the same period in 2014. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has decreased from a year ago; whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1 . 2 F-2015-33 August 25, 2015 2015, 389 properties were subject to registration. Table 3 summarizes the progress of these actions after seven months of activity. This table shows 85.1% of the tax accounts or 331 properties have been paid in full or the owners have made suitable payment arrangements. During July, four accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 83.8% (June) to 85.1% (July). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of July, one registered property was redeemed. The outstanding taxes for registered properties represents 2.5% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at July 31 , 2015 is 32.9% which is a slight increase from 2014's value of 32.6%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at July 31 , 2015 Table 2 Taxes Receivable by Property Class at July 31 , 2015 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties , (1:4 A •\ 4 Recommended by: 9 Todd Harrison, Director of Fnance Respectfully submitted: Ken To d. Chief Administrative Officer A Felicetti TABLE 1 Total Taxes Receivable r Owing at July 31, 2015 2015 2014 Outstanding Taxes @ June 30, 2015 $ 22,839,988 $ 22,489,547 Penalty charged in July $ 196,034 $ _ 197,252 Taxes Collected during July $ 4,072,234 $ 4,012,915 Outstanding Taxes @ July 31, 2015 $ 18,963,788 $ 18,673,884 Taxes billed and Due September 30, 2015 $ 24,560,986 $ 23,028,469 Total Taxes to be Collected $ 43,524,774 $ 41,702,353 r TABLE 2 Taxes Receivable by Property Class as at July 31, 2015 2015 %of Class 2014 % of Class Taxes Owing Taxes Owing Residential $ 35,574,416 81.73% $ 33,178,789 79.56% Multi-Residential $ 216,850 0.50% $ 99,210 0.24% Commercial $ 6,947,405 15.96% $ 7,995,323 19.17% Industrial $ 679,261 1.56% $ 346,770 0.83% Farmlands $ 106,842 0.25% $ 82,261 0.20% Total Receivables $ 43,524,774 100.00% $ 41,702,353 100.00% TABLE 3 Properties Properties Subject to Subject to Registration Registration as at June 30, 2015 as at July 31, 2015 Initial Amount 389 389 Paid in Full 66 70 18.0% Payment Arrangements 260 261 67.1% Ongoing Collection 62 57 14.7% Action Registered 1 1 0.3% 389 389 100.0% TABLE 4 Scheduled Number Taxes Tax Sales of Outstanding Date Properties Amount November 2015 8 $ 379,434 May 2016 _9 $ 612,217 _November 2016 5 $ 83,496 Totals 22 $ 1,075,147 F-2015-34 Niagarapcills August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2015-34 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $10,877,942.63 for the period June 5. 2015 to August 6, 2015. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight's Council agenda. 41/ Recommended by: `-� Todd Harris n. Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 1 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATI 386000 15-Jul-2015 CONTRACT SERVICES 2,230.02 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATI 386153 22-Jul-2015 CONTRACT SERVICES 310.75 1578917 ONTARIO LIMITED 0/A WILLIAMS PLUMBING AND HEATI 386589 06-Aug-2015 MATERIALS 813.59 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 386154 22-Jul-2015 MATERIALS 23.00 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 386404 29-Jul-2015 MATERIALS 341.50 1776415 ONTARIO LTD 0/A PURE WATER NIAGARA 386001 15-Jul-2015 STORES/INVENTORY 50.00 2030688 ONTARIO LTD 386405 29-Jul-2015 LEASES AND RENTS 9,134.16 2348441 ONTARIO INC 0/A MR QUICK CAR WASH 386155 22-Jul-2015 CONTRACT SERVICES 157.07 407 ETR EXPRESS TOLL ROUTE 386156 22-Jul-2015 MATERIALS 39.48 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 386157 22-Jul-2015 MATERIALS 1,092.71 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 386406 29-Jul-2015 MATERIALS 79.10 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS 386590 06-Aug-2015 MATERIALS 638.45 984265 ONTARIO LTD aka CIRCLE P PAVING 386002 15-Jul-2015 CONTRACT SERVICES 74,259.84 984265 ONTARIO LTD aka CIRCLE P PAVING 386158 22-Jul-2015 CONTRACT SERVICES 9,291.54 A J STONE COMPANY LTD 386008 15-Jul-2015 MATERIALS 8,040.16 A J STONE COMPANY LTD 386162 22-Jul-2015 MATERIALS 13,131.19 A J STONE COMPANY LTD 386412 29-Jul-2015 MATERIALS 937.10 A&A EXHAUST SYSTEMS 386003 15-Jul-2015 CONTRACT SERVICES 712.54 A&A EXHAUST SYSTEMS 386159 22-Jul-2015 STORES/INVENTORY 2,600.36 ABLE PRINTING INC 386004 15-Jul-2015 ADVERTISING 62.15 ACCU LOCK AND SECURITY 386591 06-Aug-2015 CONTRACT SERVICES 406.80 ACK ARCHITECTS INC 386407 29-Jul-2015 REFUND 1,250.00 ADEWUMI,AYO 386005 15-Jul-2015 TRAVEL/MILEAGE 118.80 ADVANCE TOWING 386006 15-Jul-2015 CONTRACT SERVICES 468.95 ADVANCE TOWING 386160 22-Jul-2015 CONTRACT SERVICES 915.30 ADVANCE TOWING 386592 06-Aug-2015 CONTRACT SERVICES 474.60 ADVANCE TOWING 386408 29-Jul-2015 MATERIALS 101.70 AFFILIATED CUSTOMS BROKERS LTD 386409 29-Jul-2015 MATERIALS 421.68 AHMED,LIMA 386161 22-Jul-2015 REFUND 38.46 AIR CARE SERVICES 386007 15-Jul-2015 CONTRACT SERVICES 2,100.83 AIR CARE SERVICES 386593 06-Aug-2015 CONTRACT SERVICES 115.26 AIR CARE SERVICES 386410 29-Jul-2015 MATERIALS 862.53 AIRON HVAC 386411 29-Jul-2015 MATERIALS 13,403.44 ALBANESE,LORI 386163 22-Jul-2015 TRAVEL/MILEAGE 130.68 ALCANTARA,MA CECILIA 386594 06-Aug-2015 REFUND 153.18 ALFIDOME CONSTRUCTION 386009 15-Jul-2015 CONTRACT SERVICES 26,795.49 ALFIDOME CONSTRUCTION 386414 29-Jul-2015 CONTRACT SERVICES 56.50 ALISON'S SPORTS&AWARDS 386595 06-Aug-2015 MATERIALS 15.82 ALL PRO PLUMBING&HEATING 386165 22-Jul-2015 CONTRACT SERVICES 900.00 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 386010 15-Jul-2015 MATERIALS 325.44 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 386164 22-Jul-2015 MATERIALS 180.01 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 386415 29-Jul-2015 MATERIALS 81.36 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 386596 06-Aug-2015 MATERIALS 220.69 AMACO EQUIPMENT INC 386597 06-Aug-2015 VEH ID#626 3,817.12 AMALGAMATED TRANSIT UNION#1582 386011 15-Jul-2015 PAYROLL REMITTANCE 4,361.42 AMEC FOSTER WHEELER 386012 15-Jul-2015 CONSULTING SERVICES 4,214.00 AMEC FOSTER WHEELER 386166 22-Jul-2015 CONSULTING SERVICES 3,165.70 ANTHONY'S EXCAVATING CENTRAL INC 386416 29-Jul-2015 CONTRACT SERVICES 16,272.00 AQUA PLANS AQUATIC CONSULTANTS INC 386417 29-Jul-2015 MATERIALS 9,831.00 AQUAFOR BEECH LIMITED 386013 15-Jul-2015 CONSULTING SERVICES 12,227.35 AQUAFOR BEECH LIMITED 386167 22-Jul-2015 CONSULTING SERVICES 22,815.96 ARCHER TRUCK CENTRE WELLAND LTD 386014 15-Jul-2015 MATERIALS 2,935.67 ARCHER TRUCK SERVICES LTD 386168 22-Jul-2015 VEH ID#87 4,046.70 ARCTIC GLACIER CANADA INC 386418 29-Jul-2015 MATERIALS 108.00 ARIVA 386169 22-Jul-2015 MATERIALS 1,086.91 ARIVA 386419 29-Jul-2015 MATERIALS 157.24 ARTISTA DESIGN&PRINT INC 386015 15-Jul-2015 MATERIALS 435.05 ARTISTA DESIGN&PRINT INC 386170 22-Jul-2015 MATERIALS 517.54 ARTISTA DESIGN&PRINT INC 386420 29-Jul-2015 MATERIALS 39.55 ART'S TOOL SALES OF NIA LTD. 386171 22-Jul-2015 CONTRACT SERVICES 3,551.97 ASSIMAKPOPULAS,STAMATA 386172 22-Jul-2015 REFUND 63.32 ASSOCIATED ENGINEERING(ONT)LTD 386599 06-Aug-2015 CONSULTING SERVICES 4,854.46 ASSOCIATION OF MUNICIPALITIES OF ONTARIO 386598 06-Aug-2015 MATERIALS 5,109.86 ATKINSON,WILMA 386421 29-Jul-2015 REFUND 43.00 AUTO PARTS CENTRES 386422 29-Jul-2015 STORES/INVENTORY 28.02 AUTO PARTS CENTRES 386600 06-Aug-2015 STORES/INVENTORY 240.43 B&B LIFT TRUCK SERVICE 386017 15-Jul-2015 CONTRACT SERVICES 595.07 B&B LIFT TRUCK SERVICE 386177 22-Jul-2015 VEH ID#673 615.51 BAILEY,JENNIFER 386173 22-Jul-2015 REFUND 209.41 BAIN PRINTING LIMITED 386174 22-Jul-2015 MATERIALS 197.98 BAIN,CHRISTOPHER GILL 386423 29-Jul-2015 REFUND 750.00 BAKER 386016 15-Jul-2015 STORES/INVENTORY 133.58 BAKER 386175 22-Jul-2015 STORES/INVENTORY 198.30 Page 2 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount BAKER 386424 29-Jul-2015 STORES/INVENTORY 79.19 BAKER 386601 06-Aug-2015 STORES/INVENTORY 1,581.94 BANNER,KALEIGH 386176 22-Jul-2015 REFUND 25.66 ` BARNES,LINDA 386602 06-Aug-2015 REFUND 500.00 BATTLEFIELD EQUIPMENT RENTALS 386603 06-Aug-2015 CONTRACT SERVICES 1,674.66 BATTLEFIELD EQUIPMENT RENTALS 386425 29-Juf-2015 MATERIALS 89.53 BEATTIES BASICS 386018 15-Jul-2015 MATERIALS 331.76 BEDNARCZYK,ARK 386178 22-Jul-2015 TRAVEL/MILEAGE 431.27 BELL CANADA 386179 22-Jul-2015 SERVICES 682.80 BELL CANADA 386605 06-Aug-2015 SERVICES 83.06 BELL,AMBER 386604 06-Aug-2015 TRAINING 216.60 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 386180 22-Jul-2015 MATERIALS 52,072.84 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 386427 29-Jul-2015 VEH ID#281 130.04 BEN BERG FARM&INDUSTRIAL EQUIPMENT LTD 386606 06-Aug-2015 VEH ID#283 109.18 BENDEL ARBITRATIONS 386607 06-Aug-2015 SERVICES 6.333.94 BERNAT,CLARK 386019 15-Jul-2015 PETTY CASH 344.25 BERTIE PRINTERS LIMITED 386181 22-Jul-2015 MATERIALS 3,616.00 BICKLE MAIN INDUSTRIAL SUPPLY INC 386182 22-Jul-2015 MATERIALS 328.57 BIKE WELLAND BIKE VALET 386183 22-Jul-2015 MATERIALS 220.00 BISHOP,MELISSA 386184 22-Jul-2015 REFUND 133.26 BLAIS,YVONNE 386608 06-Aug-2015 TRAVEL/MILEAGE 98.28 BOB ROBINSON&SON CONSTRUCTION 386185 22-Jul-2015 CONTRACT SERVICES 5,069.47 BOB ROBINSON&SON CONSTRUCTION 386429 29-Jul-2015 CONTRACT SERVICES 1,776.93 BOB ROBINSON&SON CONSTRUCTION 386020 15-Jul-2015 MATERIALS 4,546.84 BONAVOLTA,LORRAINE 386609 06-Aug-2015 REFUND 211.32 . BOOT SHOP THE 386186 22-Jul-2015 MATERIALS 186.45 BOWLBY,MATT 386021 15-Jul-2015 MATERIALS 142.37 BOYS&GIRLS CLUB OF NIAGARA 386430 29-Jul-2015 GRANT 16,500.00 BRAND BLVD INC 386187 22-Jul-2015 MATERIALS 441.72 BRAY,JAMIESON SCOTT 386610 06-Aug-2015 REFUND 500.00 BRAY,JEFF 386188 22-Jul-2015 REFUND 194.41 BRINKS CANADA LTD 386611 06-Aug-2015 CONTRACT SERVICES 3,145.97 „. BRITISH METHODIST EPISCOPAL CHURCH 386189 22-Jul-2015 GRANT 2,850.00 BROCK FORD LINCOLN 386022 15-Jul-2015 MATERIALS 1,127.47 BROCK FORD LINCOLN 386431 29-Jul-2015 STORES/INVENTORY 226.66 BROCK FORD LINCOLN 386612 06-Aug-2015 STORES/INVENTORY 890.08 BROCK UNIVERSITY FINANCIAL&ADMINISTRATIVE SERVICES 386023 15-Jul-2015 MATERIALS 1,997.16 BUIST LANDSCAPING INC. 386025 15-Jul-2015 CONTRACT SERVICES 10,093.09 BULLET NEWS NIAGARA 386613 06-Aug-2015 MATERIALS 4,520.00 BURDILOV,VICTOR 386614 06-Aug-2015 REFUND 1,000.00 BURDILOV,VLADIMIR 386615 06-Aug-2015 REFUND 1,000.00 BURKE GROUP-THE 386432 29-Jul-2015 SERVICES 203.40 CALE SYSTEMS INC 386191 22-Jul-2015 CONTRACT SERVICES 1,491.60 CALE SYSTEMS INC 386433 29-Jul-2015 CONTRACT SERVICES 1,209.10 .. CAMPIGOTTO,PAUL 386616 06-Aug-2015 TRAVEUMILEAGE 83.16 CANADIAN BABBITT BEARINGS LTD.0/A CANADIAN SPECIALITY 386192 22-Jul-2015 REFUND 750.00 CANADIAN DOOR DOCTOR 386617 06-Aug-2015 CONTRACT SERVICES 107.35 CANADIAN DOOR DOCTOR 386434 29-Jul-2015 MATERIALS 734.50 CANADIAN LINEN&UNIFORM 386194 22-Jul-2015 CONTRACT SERVICES 421.58 CANADIAN LINEN&UNIFORM 386435 29-Jul-2015 CONTRACT SERVICES 341.74 CANADIAN LINEN&UNIFORM 386618 06-Aug-2015 CONTRACT SERVICES 943.80 . CANADIAN LINEN&UNIFORM 386027 15-Jul-2015 MATERIALS 417.73 CANADIAN MARITIME ENGINEERING 386193 22-Jul-2015 REFUND 192,16 CANADIAN NATIONAL 386195 22-Jul-2015 CONTRACT SERVICES 3,597.00 CANADIAN PORTABLE SERVICES 386620 06-Aug-2015 CONTRACT SERVICES 5,457.34 CANON CANADA INC 386028 15-Jul-2015 MATERIALS 417.38 CANON CANADA INC 386619 06-Aug-2015 MATERIALS 261.75 CANSEL 386029 15-Jul-2015 MATERIALS 3,796.80 CANTEC SECURITY SERVICES INC 386196 22-Jul-2015 CONTRACT SERVICES 9,220.80 CANTEC SECURITY SERVICES INC 386436 29-Jul-2015 MATERIALS 1,020.39 CANTEX DISTRIBUTION INC 386026 15-Jul-2015 MATERIALS 442.25 CARLETON UNIFORMS INC 386030 15-Jul-2015 MATERIALS 1,134.97 CARQUEST 386197 22-Jul-2015 STORES/INVENTORY 121.17 CARQUEST 386437 29-Jul-2015 STORES/INVENTORY 70.77 CARQUEST 386621 06-Aug-2015 STORES/INVENTORY 180.24 CARRIER COMMERCIAL SERVICE 386031 15-Jul-2015 MATERIALS 1,040.78 CARRIER ENTERPRISE CANADA L.P. 386438 29-Jul-2015 MATERIALS 408.38 CASTLE MECHANICAL 386198 22-Jul-2015 CONTRACT SERVICES 426.58 CASTLE MECHANICAL 386439 29-Jul-2015 MATERIALS 1,137.30 CATONE,VINCE 386622 06-Aug-2015 REFUND 750.00 CCS TRANSPORTATION SAFETY 386440 29-Jul-2015 MATERIALS 1,819.30 CDN FINANCIAL INC. 386199 22-Jul-2015 REFUND 2,500.00 CENTRAL COMMUNICATIONS 386623 06-Aug-2015 CONTRACT SERVICES 485.90 CENTURY VALLEN 386441 29-Jul-2015 MATERIALS 274.87 Page 3 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount CERIDIAN CANADA LTD 386624 06-Aug-2015 CONTRACT SERVICES 1,874.45 CHAMBERS,BOB ROBERT 386625 06-Aug-2015 TRAVEL/MILEAGE 159.30 CHAREST,RAYMOND&CHAREST,LIUDMILA 386200 22-Jul-2015 REFUND 750.00 CHARLES JONES INDUSTRIAL LTD 386032 15-Jul-2015 STORES/INVENTORY 2,091.15 CHARLES JONES INDUSTRIAL LTD 386201 22-Jul-2015 STORES/INVENTORY 2,511.53 CHARLES JONES INDUSTRIAL LTD 386442 29-Jul-2015 STORES/INVENTORY 363.23 CHARLES JONES INDUSTRIAL LTD 386626 06-Aug-2015 STORES/INVENTORY 519.18 CIBC RETAIL OPERATIONS 386202 22-Jul-2015 REFUND 1,000.07 CIMCO REFRIGERATION HAMILTON BRANCH 386033 15-Jul-2015 CONTRACT SERVICES 5,178.07 CIMCO REFRIGERATION HAMILTON BRANCH 386443 29-Jul-2015 CONTRACT SERVICES 8,486.89 CITY PARENT 386034 15-Jul-2015 ADVERTISING 296.63 CITY PARENT 386444 29-Jul-2015 MATERIALS 339.00 CITY VIEW BUS SALES&SERVICE LTD. 386035 15-Jul-2015 STORES/INVENTORY 2,928.00 CITY VIEW BUS SALES&SERVICE LTD. 386445 29-Jul-2015 STORES/INVENTORY 1,803.98 CLARK,TIFFANY 386203 22-Jul-2015 TRAVEUMILEAGE 117.18 CLARK,TRACEY LEE-ANN 386204 22-Jul-2015 REFUND 38.28 CLAYDON,JEFF 386627 06-Aug-2015 TRAVEUMILEAGE 141.48 CLEVER DEVICES LTD 386205 22-Jul-2015 CONTRACT SERVICES 152,807.67 CLIFTON HILL BIA 385994 10-Jul-2015 2015 1st&2nd INSTALLMENTS 12,000.00 CLUB ITALIA ORDER OF SONS OF ITALY 386628 06-Aug-2015 MATERIALS 3,785.55 C-MAX FIRE SOLUTIONS 386206 22-Jul-2015 VEH ID#571 598.98 COGECO CABLE CANADA LP 386036 15-Jul-2015 SERVICES 847.50 COGECO CABLE CANADA LP 386446 29-Jul-2015 SERVICES 847.50 COLE,NATASHA 386629 06-Aug-2015 REFUND 96.04 COMMERCIAL CLEANING SERVICES 386207 22-Jul-2015 CONTRACT SERVICES 4,258.69 COMMISSIONAIRES 386037 15-Jul-2015 CONTRACT SERVICES 16,226.45 COMMISSIONAIRES 386447 29-Jul-2015 CONTRACT SERVICES 32,986.15 COMMISSIONAIRES 386630 06-Aug-2015 CONTRACT SERVICES 230.52 CONDOTTA MERRETT&CO INSURANCE BROKERS 386448 29-Jul-2015 REMITTANCE 2,739.96 CONIDI,SARAH 386631 06-Aug-2015 MATERIALS 100.00 CONTINENTAL TIRE CANADA INC 386632 06-Aug-2015 STORES/INVENTORY 3,093.80 CONWAY DAVIS GRYSKI 386208 22-Jul-2015 MATERIALS 40.00 COTTON INC 386038 15-Jul-2015 MATERIALS 1,387.64 COTTON INC 386449 29-Jul-2015 MATERIALS 2,430.91 COUNTRY BASKET-THE 386209 22-Jul-2015 MATERIALS 162.21 CRAITOR,KIM 386210 22-Jul-2015 SERVICES 108.99 CRAWFORD&COMPANY(CANADA)INC 386039 15-Jul-2015 CONTRACT SERVICES 671.00 CRAWFORD&COMPANY(CANADA)INC 386211 22-Jul-2015 CONTRACT SERVICES 3,204.27 CRAWFORD&COMPANY(CANADA)INC 386633 06-Aug-2015 CONTRACT SERVICES 550.00 CRAWFORD,JOE 386040 15-Jul-2015 SERVICES 25.00 CRAWFORD,JOE 386634 06-Aug-2015 SERVICES 25.00 CRE-8-IT SIGNS 386450 29-Jul-2015 MATERIALS 11,808.50 CROSSEY ENGINEERING LTD 386212 22-Jul-2015 CONSULTING SERVICES 3,977.60 CROWLAND SASH&FRAME LTD 386635 06-Aug-2015 MATERIALS 7,797.00 CRUISE,CORY 386213 22-Jul-2015 SERVICES 25.00 CUMMINS EASTERN CANADA LP 386041 15-Jul-2015 CONTRACT SERVICES 717.55 CUPE LOCAL 133 386042 15-Jul-2015 PAYROLL REMITTANCE 9,709.83 CUPE LOCAL 133 386452 29-Jul-2015 PAYROLL REMITTANCE 10,008.68 CVDS INC. 386636 06-Aug-2015 MATERIALS 17,213.29 D K TECHNICAL SERVICES INC 386222 22-Jul-2015 CONTRACT SERVICES 841.62 DAFCO FILTRATION GROUP 386214 22-Jul-2015 MATERIALS 2,592.37 DARCH FIRE 386453 29-Jul-2015 MATERIALS 485.90 DARCH FIRE 386637 06-Aug-2015 VEH ID#536 694.95 DATA FIX 386043 15-Jul-2015 MATERIALS 3,390.00 DAVIDSON ENVIRONMENTAL 386215 22-Jul-2015 CONTRACT SERVICES 94.92 DAVIES,BRAIN 386454 29-Jul-2015 ADMINISTRATIVE 1,287.06 DE LAGE LAN DEN FINANCIAL SERVICES CAN INC 386455 29-Jul-2015 SERVICES 3,872.23 DECOFF,MIKE 386638 06-Aug-2015 REFUND 1,000.08 DEL EQUIPMENT LIMITED 386216 22-Jul-2015 MATERIALS 182.43 DEL PRIORE,FRANK 386456 29-Jul-2015 REFUND 1,250.00 DELL CANADA INC 386217 22-Jul-2015 SERVICES 13,369.35 DEMAR CONSTRUCTION INC. 386044 15-Jul-2015 CONTRACT SERVICES 40,882.24 DEMOL,TAMMY 386457 29-Jul-2015 REFUND 175.17 DEMOL'S TIRE SALES&SERVICE 386218 22-Jul-2015 MATERIALS 825.73 DEPROPHETIS,DAVID&DEPROPHETIS,DIANA 386639 06-Aug-2015 REFUND 956.05 DESIGN ELECTRONICS 386045 15-Jul-2015 MATERIALS 305.10 DHINSAY,HARPRIT&DHINSAY,JASPAL 386219 22-Jul-2015 REFUND 2,500.00 DICOSIMO,VINCENT 386220 22-Jul-2015 REFUND 68.87 DILIBERO,NICK&DILIBERO, MARIA 386641 06-Aug-2015 REFUND 2,500.00 DILTS PISTON HYDRAULICS INC 386642 06-Aug-2015 MATERIALS 1,188.83 DIODATI,JIM 386221 22-Jul-2015 TRAVEL/MILEAGE 1,155.00 DOBRZYNSKI,ARKADIUSZ 386223 22-Jul-2015 REFUND 500.00 DOWNTOWN BOARD OF MANAGEMENT 385995 10-Jul-2015 2015 BIA LEVY 52,503.75 DROZDZEWICZ,AGNIESZKA 386643 06-Aug-2015 REFUND 47.88 Page 4 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount DTZ BARNICKE NIAGARA 386644 06-Aug-2015 MATERIALS 2,966.25 DUCA CONSTRUCTION 386645 06-Aug-2015 MATERIALS 7,571.00 DUFFY HOMES LTD. 386458 29-Jul-2015 REFUND 5,000.00 DULUX-PPG ARCHITECTURAL COATINGS CANADA INC 386646 06-Aug-2015 MATERIALS 54.18 DULUX-PPG ARCHITECTURAL COATINGS CANADA INC 386224 22-Jul-2015 STORES/INVENTORY 415.26 DULUX-PPG ARCHITECTURAL COATINGS CANADA INC 386459 29-Jul-2015 STORES/INVENTORY 599.60 DUMONT SECURITY 386460 29-Jul-2015 CONTRACT SERVICES 999.23 E&R LAWN EQUIPMENT 386652 06-Aug-2015 MATERIALS 123.34 E&R LAWN EQUIPMENT 386051 15-Jul-2015 STORES/INVENTORY 1,137.60 EASTGATE TRUCK CENTRE 386647 06-Aug-2015 MATERIALS 339.08 EASTGATE TRUCK CENTRE 386225 22-Jul-2015 VEH ID#88 327.68 ED LEARN FORD SALES LTD 386226 22-Jul-2015 STORES/INVENTORY 33.83 ED LEARN FORD SALES LTD 386648 06-Aug-2015 STORES/INVENTORY 277.71 EDGAR,MEGHAN 386046 15-Jul-2015 TRAINING 400.00 EMCO CORPORATION 386047 15-Jul-2015 MATERIALS 4,494.35 EMCO CORPORATION 386227 22-Jul-2015 MATERIALS 3,581.65 EMCO CORPORATION 386461 29-Jul-2015 MATERIALS 1,364.81 EMCO CORPORATION 386649 06-Aug-2015 MATERIALS 868.07 ENBRIDGE 385999 10-Jul-2015 UTILITIES 14,579.88 ENBRIDGE 386048 15-Jul-2015 UTILITIES 534.85 ENBRIDGE 386228 22-Jul-2015 UTILITIES 539.24 ENBRIDGE 386462 29-Jul-2015 UTILITIES 689.94 ENBRIDGE 386463 29-Jul-2015 UTILITIES 9,668.81 ENBRIDGE 386650 06-Aug-2015 UTILITIES 27.76 ENSIGN ELECTRONIC ALARM SYSTEMS 386651 06-Aug-2015 CONTRACT SERVICES 1,239.30 ENVIRO-STEAM CLEANING SERVICES 386049 15-Jul-2015 MATERIALS 89.27 E-QUIP RENTALS&REPAIRS INC 386050 15-Jul-2015 MATERIALS 1,672.40 E-QUIP RENTALS&REPAIRS INC 386229 22-Jul-2015 MATERIALS 180.80 E-QUIP RENTALS&REPAIRS INC 386464 29-Jul-2015 MATERIALS 285.34 ERNST&YOUNG INC.TRUSTEE OF COFFEY GEOTECHNICS INC 386230 22-Jul-2015 CONTRACT SERVICES 16,000.00 ESTATE OF MARILYN LEMIRE, 386271 22-Jul-2015 REFUND 224.29 EVANS UTILITY SUPPLY LTD 386052 15-Jul-2015 MATERIALS 13,986.30 EVANS UTILITY SUPPLY LTD 386653 06-Aug-2015 MATERIALS 74.58 EXP SERVICES INC 386053 15-Jul-2015 CONSULTING SERVICES 7,485.12 FALLS ELECTRIC INC 386231 22-Jul-2015 CONTRACT SERVICES• 2,555.77 FALLSVIEW BIA 385996 10-Jul-2015 2015 1st&2nd INSTALLMENTS 750,000.00 FASTENAL CANADA LTD 386054 15-Jul-2015 MATERIALS 813.60 FASTENAL CANADA LTD 386232 22-Jul-2015 MATERIALS 239.03 FASTENAL CANADA LTD 386465 29-JuI-2015 MATERIALS 641.59 FEHRS TROPHY&ENGRAVING 386233 22-Jul-2015 MATERIALS 327.70 FELTON,SIDNEY 386234 22-JuI-2015 REFUND 47.18 FINDLAY,THOMAS E. 386466 29-Jul-2015 REFUND 26.79 FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL 386235 22-JuI-2015 MATERIALS 630.59 FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL 386467 29-JuI-2015 MATERIALS 1,077.21 FIRE MONITORING OF CANADA INC 386055 15-Jut-2015 CONTRACT SERVICES 170.23 FLEXO PRODUCTS LTD 386056 15-Jul-2015 MATERIALS 11,036.65 FLEXO PRODUCTS LTD 386654 06-Aug-2015 MATERIALS 123.85 FLEXO PRODUCTS LTD 386236 22-Jul-2015 STORES/INVENTORY 1,325.19 FLEXO PRODUCTS LTD 386468 29-Jul-2015 STORES/INVENTORY 110.83 FLORIDO,EDNA 386237 22-Jul-2015 REFUND 118.27 FOOD ROLL SALES(NIAGARA)LTD 386057 15-Jul-2015 REFUND 1,500.00 FOWLER,DOUGLAS&FOWLER,MAUREEN 386655 06-Aug-2015 REFUND 285.60 FRASER,HEATHER 386656 06-Aug-2015 SERVICES 300.00 FROGGY'S AUTO GLASS LTD 386657 06-Aug-2015 CONTRACT SERVICES 203.40 GABRIELE'S CATERING 386469 29-Jul-2015 MATERIALS 203.79 GANGAROSSA,CONNOR 386058 15-Jul-2015 TRAVEL/MILEAGE 62.10 GAULD NURSERIES LTD 386238 22-Jul-2015 MATERIALS 339.00 GLENTEL WIRELESS CENTRE 386239 22-Jul-2015 CONTRACT SERVICES 11,404.34 GLOBALSTAR CANADA 386059 15-Jul-2015 MATERIALS 139.89 GLOBALSTAR CANADA 386658 06-Aug-2015 MATERIALS 139.89 GLORY GLOBAL SOLUTIONS CANADA INC 386060 15-Jul-2015 CONTRACT SERVICES 248.60 GLORY GLOBAL SOLUTIONS CANADA INC 386470 29-Jul-2015 MATERIALS 248.60 GM BLUEPLAN ENGINEERING LIMITED 386061 15-Jul-2015 CONTRACT SERVICES 11,318.78 GOULD,CHARLES 386471 29-Jul-2015 REFUND 500.00 GRAND&TOY 386062 15-Jul-2015 MATERIALS 114.32 GRAYBAR CANADA 386063 15-Jul-2015 MATERIALS 43.26 GRAYBAR CANADA 386240 22-Jul-2015 MATERIALS 561.64 GRAYBAR CANADA 386472 29-Jul-2015 MATERIALS 3,636.95 GRAYBAR CANADA 386659 06-Aug-2015 MATERIALS 394.69 GREAT GULF(TORONTO 2000) 386473 29-Jul-2015 REFUND 1,750.00 GRECO,TIFFANY&GONSCHIOR,CORY 386241 22-Jul-2015 REFUND 145.92 GREENFIELD GROUP LTD 386242 22-Jul-2015 CONTRACT SERVICES 711.90 GREENFIELD GROUP LTD 386474 29-Jul-2015 CONTRACT SERVICES 2,717.65 GRIFFIN LANDSCAPE 386243 22-Jul-2015 CONTRACT SERVICES 19,181.19 Page 5 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount GRIFFIN LANDSCAPE 386660 06-Aug-2015 CONTRACT SERVICES 6,177.84 GRIFFITHS,LOUISE 386475 29-Jul-2015 REFUND 750.00 GRIMO NUT NURSERY 386661 06-Aug-2015 MATERIALS 1,582.00 GROUND AERIAL MAINTENANCE LTD 386064 15-Jul-2015 CONTRACT SERVICES 850.58 GROUND AERIAL MAINTENANCE LTD 386244 22-Jul-2015 CONTRACT SERVICES 10,656.50 GROUND AERIAL MAINTENANCE LTD 386476 29-Jul-2015 CONTRACT SERVICES 1,480.88 GROUND AERIAL MAINTENANCE LTD 386662 06-Aug-2015 MATERIALS 533.97 GT FRENCH 386245 22-Jul-2015 MATERIALS 188.25 GT FRENCH 386065 15-Jul-2015 STORES/INVENTORY 2,383.91 GT FRENCH 386477 29-Jul-2015 STORES/INVENTORY 994.38 GUARASCI,JEFF 386478 29-Jul-2015 TRAVEL/MILEAGE 405.00 GUGLIOTTA,JOE 386663 06-Aug-2015 MATERIALS 150.00 GUILLEVIN INTERNATIONAL CO 386066 15-Jul-2015 MATERIALS 362.17 GUILLEVIN INTERNATIONAL CO 386246 22-Jul-2015 STORES/INVENTORY 2,525.55 GUILLEVIN INTERNATIONAL CO 386479 29-Jul-2015 STORES/INVENTORY 145.49 GUILLEVIN INTERNATIONAL CO 386664 06-Aug-2015 STORES/INVENTORY 897.11 HALCO MOBILE MFG SALES&SERVICE INC 386665 06-Aug-2015 CONTRACT SERVICES 282.50 HALCO MOBILE MFG SALES&SERVICE INC 386480 29-Jul-2015 MATERIALS 621.50 HALUCHA,JAMIE 386067 15-Jul-2015 TRAVEL/MILEAGE 31.64 HAMBLING,DERRICK 386247 22-Jul-2015 REFUND 82.05 HANSLER SMITH LIMITED 386481 29-Jul-2015 STORES/INVENTORY 1,652.96 HARISH AGGARWAL 386068 15-Jul-2015 MATERIALS 72.50 HARVEY,SCOTT 386248 22-Jul-2015 SERVICES 25.00 HARVEY,SCOTT 386482 29-Jul-2015 SERVICES 25.00 HATCH MOTT MACDONALD LTD 386666 06-Aug-2015 MATERIALS 15,019.40 HD SUPPLY POWER SOLUTIONS 386069 15-Jul-2015 STORES/INVENTORY 141.65 HD SUPPLY POWER SOLUTIONS 386249 22-Jul-2015 STORES/INVENTORY 24,938.87 HERB LODDE&SONS ROOFING LTD 386070 15-Jul-2015 CONTRACT SERVICES 20,162.59 HICKS MORLEY HAMILTON STEWART STORIE LLP 386250 22-Jul-2015 CONTRACT SERVICES 6,025.16 HICKS MORLEY HAMILTON STEWART STORIE LLP 386667 06-Aug-2015 CONTRACT SERVICES 4,451.33 HOCO LIMITED 386251 22-Jul-2015 REFUND 3,638.04 HOCO LIMITED 386483 29-Jul-2015 REFUND 2,500.00 HOLMAN,GEOFF 386668 06-Aug-2015 TRAVEL/MILEAGE 140.77 ICECO ADVANCED ARENA PRODUCTS 386071 15-Jul-2015 CONTRACT SERVICES 3,132.93 IL GELATO DI CARLOTTA INC 386252 22-Jul-2015 REFUND 1,250.00 IMAGEWEAR 386072 15-Jul-2015 MATERIALS 5,986.92 INLAND LIFERAFTS&MARINE LTD 386669 06-Aug-2015 MATERIALS 4,639.17 INNOVATION GROUP US DRAFT 08-Jul-2015 SERVICES 31,294.86 INSPIRED MEDIA INC 386484 29-Jul-2015 ADVERTISING 259.90 INTUITION LANDSCAPE 386073 15-Jul-2015 CONTRACT SERVICES 1,852.63 INTUITION LANDSCAPE 386485 29-Jul-2015 CONTRACT SERVICES 10,852.70 ISHERWOOD,MICHAEL&ISHERWOOD, BRETT 386253 22-Jul-2015 REFUND 25.81 J&B PROCESS SERVING INC 386254 22-Jul-2015 MATERIALS 56.50 J K JOUPPIEN HERITAGE RESOURCE CONSULTANT 386075 15-Jul-2015 MATERIALS 435.05 J.J. MACKAY CANADA LIMITED 386256 22-Jul-2015 CONTRACT SERVICES 22.26 J.J.MACKAY CANADA LIMITED 386486 29-Jul-2015 CONTRACT SERVICES 19.62 J.J.MACKAY CANADA LIMITED 386074 15-Jul-2015 MATERIALS 1,727.58 JAGUAR BOOK GROUP 386255 22-Jul-2015 MATERIALS 298.65 JOE'S TRANSMISSION SERVICE 386257 22-Jul-2015 CONTRACT SERVICES 107.35 JOREANU,CRISTINA 386258 22-Jul-2015 REFUND 148.46 JUHASZ,CHERYLANN 386259 22-Jul-2015 REFUND 117.29 KANDU POOLS LTD 386076 15-Jul-2015 MATERIALS 406.80 KANDU POOLS LTD 386260 22-Jul-2015 MATERIALS 40.12 KANDU POOLS LTD 386487 29-Jul-2015 MATERIALS 203.40 KARAGIANNIS,MARY 386261 22-Jul-2015 REFUND 25.70 KAZAM,ALEX 386670 06-Aug-2015 SERVICES 1,100.00 KELLNER,MARIA 386262 22-Jul-2015 REFUND 750.00 KELLY DIGS LANDSCAPING 386671 06-Aug-2015 CONTRACT SERVICES 28,457.01 KELLY FRANCIS COSTUMES INC 386077 15-Jul-2015 MATERIALS 2,486.00 KELLY SERVICES(CANADA)LTD. 386672 06-Aug-2015 CONTRACT SERVICES 533.45 KENWORTH TORONTO LTD 386078 15-Jul-2015 STORES/INVENTORY 140.02 KENWORTH TORONTO LTD 386263 22-Jul-2015 STORES/INVENTORY 1,813.15 KENWORTH TORONTO LTD 386488 29-Jul-2015 STORES/INVENTORY 189.64 KERRY T HOWE ENGINEERING LTD 386079 15-Jul-2015 CONSULTING SERVICES 1,422.84 KERRY T HOWE ENGINEERING LTD 386489 29-Jul-2015 CONSULTING SERVICES 5,592.48 KISS,HDIKO 386264 22-Jul-2015 REFUND 182.92 KRAWCZYK CONSTRUCTION MAINTENANCE INC 386265 22-Jul-2015 CONTRACT SERVICES 5,326.82 KROWN 386080 15-Jul-2015 VEH ID#32 316.28 KROWN 386266 22-Jul-2015 VEH ID#330 135.54 KWIK MIX MATERIALS LIMITED 386490 29-Jul-2015 MATERIALS 1,577.21 LACK,CRYSTAL 386267 22-Jul-2015 REFUND 94.44 LAITAN HOLDINGS CORPORATION 386491 29-Jul-2015 MATERIALS 3,422.77 LAMBERT,JENNIFER 386492 29-Jul-2015 REFUND 78.00 LAURCOAT INC 386673 06-Aug-2015 MATERIALS 4,972.00 Page 6 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name _ Cheque No. Cheque Date Purpose Amount LAWNS AND MORE INC 386493 29-Jul-2015 CONTRACT SERVICES 4,307.05 LAWSON PRODUCTS INC 386081 15-Jul-2015 MATERIALS 102.40 LAWSON PRODUCTS INC 386494 29-Jul-2015 MATERIALS 1,153.24 LAWSON PRODUCTS INC 386674 06-Aug-2015 MATERIALS 1,112.00 LAWSON PRODUCTS INC 386268 22-Jul-2015 STORES/INVENTORY 1,400.11 LEBLANC,RICHARD 386269 22-Jul-2015 REFUND 107.78 LEBRASSEUR,DONALD 386270 22-Jul-2015 REFUND 102.01 LEPRE,SALVATORE 386272 22-Jul-2015 REFUND 130.54 LEXISNEXIS CANADA INC 386082 15-Jul-2015 MATERIALS 99.91 LIPPERT&WRIGHT FUELS INC 386084 15-Jul-2015 FUEL 41,079.76 ' LIPPERT&WRIGHT FUELS INC 386496 29-Jul-2015 FUEL 32,521.18 LOUNSBURY,CLAUDIA 386274 22-Jul-2015 REFUND 146.71 LUEY,CATHERINE 386497 29-Jul-2015 TRAVEL/MILEAGE 191.37 LUNDY'S LANE BIA 385997 10-Jul-2015 2015 BIA LEVY 1ST&2ND INSTALLM 128,306.50 M&L SUPPLY FIRE AND SAFETY 386688 06-Aug-2015 MATERIALS 8,220.75 MACNAMARA,PATRICK 386275 22-Jul-2015 REFUND 25.41 MAD SCIENCE OF NIAGARA 386276 22-Jul-2015 CONTRACT SERVICES 197.75 MALIBU POOLS 386277 22-Jul-2015 CONTRACT SERVICES 2,487.64 MALIBU POOLS 386085 15-Jul-2015 MATERIALS 75.93 MALIBU POOLS 386498 29-Jul-2015 MATERIALS 1,123.94 MALIBU POOLS 386676 06-Aug-2015 MATERIALS 965.52 MANOR CLEANERS 386499 29-Jul-2015 SERVICES 29.15 MAPLE LEAF COLLISION CENTRE 386278 22-Jul-2015 CONTRACT SERVICES 402.28 MARTIN SHEPPARD FRASER LLP 386086 15-Jul-2015 CONTRACT SERVICES 6,152.88 MARTIN SHEPPARD FRASER LLP 386500 29-Jul-2015 CONTRACT SERVICES 6,017.97 MARTIN,BRAD 386280 22-Jul-2015 REFUND 69.19 MASON CAPLAN DIZGUN LLP IN TRUST 386087 15-Jul-2015 ADMINISTRATIVE 12,500.00 MCGEE MARKING DEVICES 386677 06-Aug-2015 MATERIALS 169.50 MCGREGOR,JOHN 386502 29-Jul-2015 REFUND 750.00 MCPHEE,SANDRA 386281 22-Jul-2015 REFUND 111.68 MCQUILLAN,ANDREW&MCQUILLAN,LINDA 386678 06-Aug-2015 REFUND 750.00 MEDIA PRO INC 386679 06-Aug-2015 MATERIALS 432.79 MEDULIN,BEVERLEY 386282 22-Jul-2015 REFUND 174.85 METAL SUPERMARKETS 386503 29-Jul-2015 CONTRACT SERVICES 154.34 METAL SUPERMARKETS 386680 06-Aug-2015 CONTRACT SERVICES 361.50 METRO FREIGHTLINER HAMILTON 386088 15-Jul-2015 STORES/INVENTORY 2,902.25 METRO FREIGHTLINER HAMILTON 386283 22-Jul-2015 STORES/INVENTORY 1,909.25 METRO FREIGHTLINER HAMILTON 386681 06-Aug-2015 STORES/INVENTORY 1,510.81 METRO PLUMBING&HEATING 386284 22-Jul-2015 CONTRACT SERVICES 5,739.37 MG PROMOTIONS 386089 15-Jul-2015 MATERIALS 559.35 MHLANGA,ZAKHELENI 386285 22-Jul-2015 REFUND 185.14 MIKHAIL,MAGDI 386682 06-Aug-2015 REFUND 92.00 ,- MINISTER OF FINANCE 386286 22-Jul-2015 MEMBERSHIP 105.00 MINISTER OF FINANCE 386683 06-Aug-2015 MEMBERSHIP(FIRE DEPT) 630.00 MINISTER OF FINANCE 386684 06-Aug-2015 PAYROLL REMITTANCE 5,750.90 MINISTER OF FINANCE 386685 06-Aug-2015 PAYROLL REMITTANCE 101,609.71 MINISTER OF FINANCE PAYMENT PROCESSING CENTRE 386686 06-Aug-2015 MATERIALS 2,275.00 MINISTRY OF ATTORNEY GENERAL 386090 15-Jul-2015 PAYROLL REMITTANCE 2,877.48 MINISTRY OF ATTORNEY GENERAL 386504 29-Jul-2015 PAYROLL REMITTANCE 2,877.48 MISITA,DONNA 386687 06-Aug-2015 REFUND 115.38 MODERN LANDFILL INC 386287 22-Jul-2015 CONTRACT SERVICES 260.80 MODERN LANDFILL INC 386505 29-Jul-2015 CONTRACT SERVICES 2,146.45 MODERN LANDFILL INC 386689 06-Aug-2015 MATERIALS 652.89 MOHAWK MFG&SUPPLY CO 386288 22-Jul-2015 STORES/INVENTORY 606.84 MOHAWK MFG&SUPPLY CO 386506 29-Jul-2015 STORES/INVENTORY 241.21 MOHAWK MFG&SUPPLY CO 386690 06-Aug-2015 STORES/INVENTORY 454.28 MONTGOMERY BROS&NORTHLAND SUPPLY 386289 22-Jul-2015 MATERIALS 2,542.50 MONTROSE REALTY DENTAL LAB&RADIOLOGY 386507 29-Jul-2015 REFUND 1,250.00 MORIELLO,JOHN 386290 22-Jul-2015 REFUND 750.00 MOROCCO,JOYCE 386403 28-Jul-2015 TRAVEL/MILEAGE 102.40 MUIR,TODD 386508 29-Jul-2015 REFUND 133.95 MUNICIPAL RETIREES ORGANIZATION ONTARIO 386509 29-Jul-2015 MEMBERSHIP 425.00 MYSTAGE 386091 15-Jul-2015 MATERIALS 400.00 MYSTAGE 386510 29-Jul-2015 MATERIALS 400.00 N.S.M.FABRICATING LIMITED 386700 06-Aug-2015 MATERIALS 113.00 NAJBERT,GEORGE JOSEPH 386511 29-Jul-2015 REFUND 500.00 NALUMAGA,PENINAH 386291 22-Jul-2015 REFUND 167.26 NATIONAL LEASING 386512 29-Jul-2015 MATERIALS 1,924.94 NEW FLYER INDUSTRIES CANADA ULC 386092 15-Jul-2015 STORES/INVENTORY 634.08 NEW FLYER INDUSTRIES CANADA ULC 386292 22-Jul-2015 STORES/INVENTORY 844.52 NEW FLYER INDUSTRIES CANADA ULC 386513 29-Jul-2015 STORES/INVENTORY 899.79 NEW FLYER INDUSTRIES CANADA ULC 386691 06-Aug-2015 STORES/INVENTORY 1,298.23 NEXTERRA SUBSTRUCTURES INCORPORATED 386514 29-Jul-2015 CONTRACT SERVICES 94,949.06 NIAGARA ANALYTICAL LABORATORIES INC 386293 22-Jul-2015 CONTRACT SERVICES 768.29 Page 7of11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount NIAGARA ANALYTICAL LABORATORIES INC 386692 06-Aug-2015 CONTRACT SERVICES 467.82 NIAGARA BATTERY&TIRE 386093 15-Jul-2015 STORES/INVENTORY 1,468.21 NIAGARA BATTERY&TIRE 386693 06-Aug-2015 VEH ID#535 129.95 NIAGARA BATTERY&TIRE 386694 06-Aug-2015 VEH ID#535 3,946.61 NIAGARA BATTERY&TIRE 386294 22-Jul-2015 VEH ID#587 5,021.27 NIAGARA BLOCK INCORPORATED 386295 22-Jul-2015 MATERIALS 208.16 NIAGARA CUSTOM SIGNS&GRAPHICS 386695 06-Aug-2015 MATERIALS 1,423.80 NIAGARA DRIVETRAIN CENTRE 386094 15-Jul-2015 MATERIALS 511.03 NIAGARA FALLS ART GALLERY 386515 29-Jul-2015 GRANT 2,250.00 NIAGARA FALLS BADMINTON TENNIS&LAWN BOWLING CLUB 386296 22-Jul-2015 GRANT 2,666.00 NIAGARA FALLS CURLING CLUB 386297 22-Jul-2015 MATERIALS 8,940.58 NIAGARA FALLS HUMANE SOCIETY 386516 29-Jul-2015 GRANT 39,795.17 NIAGARA FALLS HUMANE SOCIETY 386696 06-Aug-2015 REMITTANCE 181.00 NIAGARA FALLS LAWN BOWLING CLUB 386298 22-JuI-2015 GRANT 2,280.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 386095 15-Jul-2015 PAYROLL REMITTANCE 7,570.08 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 386096 15-Jul-2015 PAYROLL REMITTANCE 9,215.36 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 386517 29-Jul-2015 PAYROLL REMITTANCE 7,570.08 NIAGARA FALLS TOURISM 386518 29-Jul-2015 GRANT 30,000.00 NIAGARA FALLSVIEW CASINO 386299 22-Jul-2015 CONTRACT SERVICES 30,000.00 NIAGARA METER SERVICES INC 386300 22-Jul-2015 CONTRACT SERVICES 5,137.32 NIAGARA METER SERVICES INC. 386697 06-Aug-2015 CONTRACT SERVICES 5,338.69 NIAGARA OLYMPIA HOMES 386301 22-Jul-2015 REFUND 39,380.00 NIAGARA ON THE LAKE HYDRO INC 386302 22-Jul-2015 UTILITIES 138.58 NIAGARA PARKS COMMISSION 386520 29-Jul-2015 SERVICES 17,532.44 NIAGARA PENINSULA ENERGY INC 386097 15-Jul-2015 UTILITIES 3,711.95 NIAGARA PENINSULA ENERGY INC 386303 22-Jul-2015 UTILITIES 36,208.92 NIAGARA PENINSULA ENERGY INC 386521 29-Jul-2015 UTILITIES 166,286.09 NIAGARA PENINSULA ENERGY INC 386698 06-Aug-2015 UTILITIES 7,577.20 NIAGARA PLUMBING SUPPLY COMPANY LIMITED 386098 15-Jul-2015 MATERIALS 42.94 NIAGARA REGION WIRE 04-Aug-2015 DEBENTURE 83-2011 420,567.20 NIAGARA REGION WIRE 05-Aug-2015 DEBENTURE 67-2009 327,865.25 NIAGARA REGION WIRE 31-Jul-2015 JUNE WATER 2,069,723.84 NIAGARA REGION WIRE 13-Jul-2015 DEBT 60-2006&57-2006 1,689,596.89 NIAGARA REGION WIRE 10-JuI-2015 DEBT 72-2007 340,701.85 NIAGARA REGIONAL BROADBAND NETWORK 386304 22-JuI-2015 SERVICES 7,866.29 NIAGARA REGIONAL POLICE SERVICE 386305 22-JuI-2015 MATERIALS 50.00 NIAGARA SPORT COMMISSION 386306 22-JuI-2015 GRANT 400.00 NIAGARA SPRING SERVICE LTD 386099 15-JuI-2015 STORES/INVENTORY 2,892.28 NIAGARA SPRING SERVICE LTD 386699 06-Aug-2015 VEH ID#571 487.01 NIAGARA SPRING SERVICE LTD 386307 22-JuI-2015 VEH ID#572 2,983.86 NIAGARA THIS WEEK 386522 29-JuI-2015 ADVERTISING 518.67 NIAGARA TINTING 386523 29-Jul-2015 MATERIALS 161.59 NICHOLLS MARINE LTD 386308 22-JuI-2015 MATERIALS 338.97 NICK'S TRUCK PARTS INC. 386524 29-JuI-2015 STORES/INVENTORY 84.64 NOBLE CORPORATION 386309 22-JuI-2015 MATERIALS 24.52 NUCONCEPT FLOORS 386402 23-JuI-2015 MATERIALS 20,114.00 O'CONNOR MOKRYCKE CONSULTANTS 386525 29-Jul-2015 CONSULTING SERVICES 19,358.31 O'CONNOR MOKRYCKE CONSULTANTS 386701 06-Aug-2015 CONSULTING SERVICES 3,913.76 O'HARA TRUCKING&EXCAVATING 386702 06-Aug-2015 MATERIALS 807.95 OLIVER,BRITTNEY 386703 06-Aug-2015 REFUND 114.35 ONTARIO ENVIRONMENTAL&SAFETY NETWORK LTD 386526 29-JuI-2015 MATERIALS 15,817.74 ONURALP,HATICE 386100 15-Jul-2015 TRAVEL/MILEAGE 82.62 OPTIMIST CLUB OF NIAGARA FALLS 386704 06-Aug-2015 REFUND 750.00 ORKIN CANADA CORPORATION 386310 22-JuI-2015 CONTRACT SERVICES 141.25 ORKIN CANADA CORPORATION 386705 06-Aug-2015 CONTRACT SERVICES 141.25 ORSINI BROS INNS INC 386311 22-JuI-2015 REFUND 2,250.00 P&W TRUCKING 386312 22-JuI-2015 CONTRACT SERVICES 15,594.00 PALMER,KIMBERLY ANN 386313 22-JuI-2015 REFUND 96.29 PARKWAY TOWING&STORAGE 386706 06-Aug-2015 MATERIALS 678.00 PASCO,JOHN 386528 29-JuI-2015 REFUND 71.91 PATEL,KASHYAP&PATEL,KINNARI 386314 22-JuI-2015 REFUND 500.00 PAULS,CHRISTEN&PAULS,KIMBERLEY 386315 22-JuI-2015 REFUND 349.81 PEAK-RYZEX ULC 386101 15-JuI-2015 SERVICES 1,304.28 PEC ROOF MAINTENANCE 386316 22-Jul-2015 MATERIALS 773.77 PENGUIN RANDOM HOUSE OF CANADA LTD. 386105 15-JuI-2015 MATERIALS 128.14 PENINSULA ABSTRACT INC 386103 15-Jul-2015 MATERIALS 61.50 PENINSULA PEST CONTROL LTD 386102 15-JuI-2015 CONTRACT SERVICES 565.00 PENINSULA PEST CONTROL LTD 386529 29-Jul-2015 CONTRACT SERVICES 279.11 PENINSULA PEST CONTROL LTD 386708 06-Aug-2015 CONTRACT SERVICES 293.80 PENNER BUILDING CENTRE 386104 15-JuI-2015 MATERIALS 77.76 PENNER BUILDING CENTRE 386317 22-JuI-2015 MATERIALS 269.97 PERSICHETTI,LORETO 386318 22-JuI-2015 REFUND 750.00 PETERS,PASTOR BRAD 386320 22-Jul-2015 SERVICES 1,550.00 PETERSONS UPHOLSTERING 386319 22-JuI-2015 CONTRACT SERVICES 311.31 Page 8 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount PETTI,ANTHONY 386321 22-Jul-2015 REFUND 750.00 PINERIDGE TREE SERVICE LTD 386322 22-Jul-2015 CONTRACT SERVICES 1,898.40 PINERIDGE TREE SERVICE LTD 386530 29-Jul-2015 MATERIALS 4,746.00 PITNEY BOWES GLOBAL CREDIT SERVICES 386531 29-Jul-2015 LEASES AND RENTS 220.79 POS SUPPLIES 386106 15-Jul-2015 MATERIALS 224.53 POTALIVO,JACK 386709 06-Aug-2015 REFUND 244.20 PRAXAIR 386107 15-Jul-2015 MATERIALS 276.56 PRAXAIR 386323 22-Jul-2015 MATERIALS 599.39 PRECISION CURB CUTTING LTD 386710 06-Aug-2015 CONTRACT SERVICES 377.77 PRECISION CURB CUTTING LTD 386532 29-Jul-2015 MATERIALS 170.50 PREMIER EQUIPMENT LTD 386533 29-Jul-2015 MATERIALS 923.49 PREMIER EQUIPMENT LTD 386324 22-Jul-2015 VEH ID#234 1,257.22 PREMIER EQUIPMENT LTD 386108 15-Jul-2015 VEH ID#281 4,216.01 PREVOST 386109 15-Jul-2015 STORES/INVENTORY 8,584.34 PREVOST 386325 22-Jul-2015 STORES/INVENTORY 4,565.82 PREVOST 386534 29-JuI-2015 STORES/INVENTORY 1,435.17 PREVOST 386711 06-Aug-2015 STORES/INVENTORY 2,509.71 PRIMARY CARE NIAGARA-NIAGARA FALLS 386712 06-Aug-2015 MATERIALS 270.00 PRIMARY CARE NIAGARA-NIAGARA FALLS 386535 29-JuI-2015 SERVICES 2,970.00 PRINTING HOUSE LTD 386110 15-Jul-2015 MATERIALS 282.73 PRINTING HOUSE LTD 386326 22-JuI-2015 MATERIALS 174.42 PRINTING HOUSE LTD 386536 29-Jul-2015 MATERIALS 173.23 PROJECT SHARE 386537 29-JuI-2015 GRANT 24,866.67 PROMOTION RESOURCE GROUP 386111 15-Jul-2015 MATERIALS 11,169.01 PROVINCIAL CONSTRUCTION(NIAGARA FALLS)LTD 386328 22-JuI-2015 CONTRACT SERVICES 174,835.04 PROVOST,ROGER 386327 22-Jul-2015 REFUND 500.00 PUBLIC SECTOR DIGEST 386538 29-Jul-2015 MATERIALS 14,023.99 PUROLATOR COURIER 386112 15-JuI-2015 COURIER 44.90 PUROLATOR COURIER 386329 22-Jul-2015 COURIER 200.09 PUROLATOR COURIER 386539 29-JuI-2015 COURIER 26.34 PUROLATOR COURIER 386713 06-Aug-2015 COURIER 47.93 PVS CONTRACTORS 386714 06-Aug-2015 CONTRACT SERVICES 56,048.87 QADDAFI,HAFIZ 386330 22-JuI-2015 REFUND 135.09 QUARTEK GROUP INC 386113 15-JuI-2015 CONSULTING SERVICES 834.05 R V ANDERSON ASSOCIATES LIMITED 386722 06-Aug-2015 CONSULTING SERVICES 152.55 R W HAMILTON LTD 386723 06-Aug-2015 MATERIALS 419.85 R.J.SMITH EQUIPMENT INC 386118 15-JuI-2015 MATERIALS 1,491.54 R.J.SMITH EQUIPMENT INC 386339 22-Jul-2015 MATERIALS 1,935.63 R.STASIAK ENGINEERING INC 386344 22-JuI-2015 CONSULTING SERVICES 1,146.95 RACO AUTO SUPPLY LTD 386114 15-JuI-2015 STORES/INVENTORY 988.13 RACO AUTO SUPPLY LTD 386331 22-JuI-2015 STORES/INVENTORY 194.13 RACO AUTO SUPPLY LTD 386715 06-Aug-2015 STORES/INVENTORY 531.96 RANEY,PHILLIP 386332 22-JuI-2015 REFUND 157.43 RANKIN CONSTRUCTION INC 386333 22-JuI-2015 MATERIALS 10,623.69 RBC LIFE INSURANCE COMPANY 386540 29-JuI-2015 REMITTANCE 1,523.44 REALTAX INC 386541 29-JuI-2015 SERVICES 1,666.75 RECEIVER GENERAL 386115 15-JuI-2015 PAYROLL REMITTANCE 527,155.62 RECEIVER GENERAL 386116 15-JuI-2015 PAYROLL REMITTANCE 1,204.81 RECEIVER GENERAL 386542 29-JuI-2015 PAYROLL REMITTANCE 491,691.75 RECEIVER GENERAL 386543 29-JuI-2015 PAYROLL REMITTANCE 1,365.82 RED TRAC A DIVISION OF D&W GROUP INC. 386334 22-JuI-2015 VEH ID#212 394.16 REDMOND-DAVIS,AURORA 386716 06-Aug-2015 REFUND 75.00 REGENT'S TREE STUMP SERVICE INC. 386117 15-JuI-2015 CONTRACT SERVICES 169.50 REGIONAL MUNICIPALITY OF NIAGARA 386335 22-JuI-2015 CONTRACT SERVICES 13,172.38 REGIONAL MUNICIPALITY OF NIAGARA 386718 06-Aug-2015 CONTRACT SERVICES 14,327.81 REGIONAL MUNICIPALITY OF NIAGARA 386766 06-Aug-2015 MATERIALS 225.00 REID,MAVERICK 386336 22-JuI-2015 GRANT 110.00 REID,TRINITY 386337 22-JuI-2015 GRANT 110.00 RINKER PLUMBING SERVICES 386338 22-Jul-2015 CONTRACT SERVICES 900.00 RIOCAN MANAGEMENT INC 386719 06-Aug-2015 REFUND 318.78 ROADSIDE RENTALS INC 386119 15-JuI-2015 MATERIALS 1,384.25 ROBERTS,HERB 386544 29-JuI-2015 REFUND 40.29 ROCHESTER MIDLAND LIMITED 386545 29-JuI-2015 MATERIALS 2,936.49 RODGERS,DAVE 386720 06-Aug-2015 REFUND 750.00 RODGERS,VICTORIA 386546 29-Jul-2015 MATERIALS 146.89 ROGERS WIRELESS INC 386120 15-JuI-2015 SERVICES 1,497.83 ROGERS WIRELESS INC 386340 22-JuI-2015 SERVICES 1,440.10 ROSS,PHILIP M 386341 22-Jul-2015 REFUND 339.30 ROUBI,OMAR 386342 22-Jul-2015 REFUND 111.26 ROWE,GEORGE&ROWE,VALERIE 386721 06-Aug-2015 REFUND 1,000.00 ROWE,JANICE 386343 22-Jul-2015 REFUND 158.99 RPC SCIENCE&ENGINEERING 386121 15-Jul-2015 MATERIALS 305.10 RUDAN,MILE ZELJKO 386345 22-JuI-2015 REFUND 8,675.76 SAC NIAGARA COLLEGE WELLAND CAMPUS 386547 29-JuI-2015 MATERIALS 405.67 Page 9 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount S.C.WATSON SERVICES 386350 22-Jul-2015 CONTRACT SERVICES 1,638.50 SACCO,DOLORES 386346 22-Jul-2015 TRAVEL/MILEAGE 171.00 SACCO,FRED 386548 29-Jul-2015 REFUND 173.85 SAFETY KLEEN SYSTEMS INC 386724 06-Aug-2015 MATERIALS 2,074.84 SAFETY KLEEN SYSTEMS INC 386347 22-Jul-2015 STORES/INVENTORY 3,679.85 SANI GEAR 386348 22-Jul-2015 MATERIALS 228.26 SANI GEAR 386549 29-Jul-2015 MATERIALS 3,425.60 SANI GEAR 386725 06-Aug-2015 MATERIALS 3,567.24 SCOTIABANK PRE AUTH 06-Aug-2015 MATERIALS 183,762.45 SCOTT BEST SEWER SERVICES 386122 15-Jul-2015 CONTRACT SERVICES 169.50 SCOTT BEST SEWER SERVICES 386349 22-Jul-2015 CONTRACT SERVICES 378.55 SCOTT BEST SEWER SERVICES 386550 29-Jul-2015 CONTRACT SERVICES 197.75 SEALER WORKS INC. 386124 15-Jul-2015 MATERIALS 1,017.00 SEAWAY FLUID POWER GROUP 386123 15-Jul-2015 MATERIALS 2,050.31 SEAWAY FLUID POWER GROUP 386351 22-Jul-2015 STORES/INVENTORY 26.88 SEAWAY FLUID POWER GROUP 386726 06-Aug-2015 VEH ID#155 25.00 SERVICEMASTER CLEAN OF NIAGARA 386352 22-Jul-2015 CONTRACT SERVICES 6,273.76 SERVICEMASTER CLEAN OF NIAGARA 386727 06-Aug-2015 CONTRACT SERVICES 452.00 SERVICEMASTER CLEAN OF NIAGARA 386126 15-Jul-2015 MATERIALS 2,672.45 SERVICEMASTER OF NIAGARA 386728 06-Aug-2015 MATERIALS 3,798.53 SGL PLANNING&DESIGN INC. 386127 15-Jul-2015 MATERIALS 4,137.21 SHELTON,HARVEY 386729 06-Aug-2015 MATERIALS 135.60 SHRED IT INTERNATIONAL ULC 386128 15-Jul-2015 CONTRACT SERVICES 192.91 SIEGAL,DAVID 386353 22-Jul-2015 MATERIALS 2,260.00 SIGNATURE SIGNS 386730 06-Aug-2015 CONTRACT SERVICES 514.15 SIGNATURE SIGNS 386129 15-Jul-2015 MATERIALS 4,944.02 SIGNATURE SIGNS 386354 22-Jul-2015 MATERIALS 1,073.05 SIMPLISTIC LINES INC 386551 29-Jul-2015 MATERIALS 6,517.50 SLAM DUNK ENTERTAINMENT 386731 06-Aug-2015 MATERIALS 150.00 SLEE,CATHY 386356 22-Jul-2015 MATERIALS 50.84 SNAP NIAGARA FALLS 386357 22-Jul-2015 MATERIALS 293.80 SPEARE SEEDS 386358 22-Jul-2015 MATERIALS 1,067.17 SPEEDPRO IMAGING 386732 06-Aug-2015 MATERIALS 37.29 ST JOHN AMBULANCE 386554 29-Jul-2015 GRANT 39,005.25 STAMFORD HOME HARDWARE 386359 22-Jul-2015 MATERIALS 78.98 STANCO SIGNS INC. 386360 22-Jul-2015 MATERIALS 437.88 STANCO SIGNS INC. 386733 06-Aug-2015 MATERIALS 87.58 STAPLES ADVANTAGE 386131 15-Jul-2015 STORES/INVENTORY 748.38 STAPLES ADVANTAGE 386361 22-Jul-2015 STORES/INVENTORY 3,243.76 STAPLES ADVANTAGE 386552 29-Jul-2015 STORES/INVENTORY 368.34 STITCH IT CANADA'S TAILOR 386553 29-Jul-2015 MATERIALS 191.96 STORAGE NIAGARA 386555 29-Jul-2015 CONTRACT SERVICES 536.75 STORM,JENNIFER 386734 06-Aug-2015 REFUND 138.96 STRANGES,ANTONIO&STRANGES,TRINA 386735 06-Aug-2015 REFUND 11.42 STRANGES,LOU 386556 29-Jul-2015 TRAVEUMILEAGE 346.38 STROFFOLINO,GINO 386132 15-Jul-2015 REFUND 10,260.36 SULLIVAN MAHONEY LLP IN TRUST 386736 06-Aug-2015 REFUND 8,314.32 SUN LIFE WIRE 04-Aug-2015 AUGUST PREMIUMS 383,722.23 SUN MEDIA CORPORATION 386133 15-Jul-2015 ADVERTISING 7,614.39 SUNCOR ENERGY PRODUCTS PARTNERSHIP 386362 22-Jul-2015 FUEL 71,928.38 SUNCOR ENERGY PRODUCTS PARTNERSHIP 386363 22-Jul-2015 FUEL 1,800.66 SUNCOR ENERGY PRODUCTS PARTNERSHIP 386737 06-Aug-2015 FUEL 43,456.28 SUPERIOR LAUNDRY SERVICE LTD. 386365 22-Jul-2015 CONTRACT SERVICES 138.99 SUPERIOR LAUNDRY SERVICE LTD. 386558 29-Jul-2015 CONTRACT SERVICES 131.65 SUPERIOR LAUNDRY SERVICE LTD. 386135 15-Jul-2015 MATERIALS 120.91 SUPERIOR PROPANE 386134 15-Jul-2015 MATERIALS 29.67 SUPERIOR WHOLESALE FOODS 386364 22-Jul-2015 MATERIALS 422.80 SUPERIOR WHOLESALE FOODS 386557 29-Jul-2015 MATERIALS 580.92 SYKES,ELENA 386739 06-Aug-2015 REFUND 52.94 SYLVANIA LIGHTING SERVICES 386559 29-Jul-2015 CONTRACT SERVICES 244,130.14 TALK WIRELESS INC 386560 29-Jul-2015 CONTRACT SERVICES 101.70 TALK WIRELESS INC 386366 22-Jul-2015 MATERIALS 7,571.45 TALK WIRELESS INC 386136 15-Jul-2015 SERVICES 325.23 TARTEN EQUIPMENT LIMITED 386561 29-Jul-2015 MATERIALS 4,649.31 TATE,AARON 386137 15-Jul-2015 MATERIALS 175.00 TAXITAB 386741 06-Aug-2015 CONTRACT SERVICES 7,350.48 TAYLORS WATER SERVICE 386742 06-Aug-2015 SERVICES 75.00 TD CANADA TRUST 386367 22-Jul-2015 REFUND 31.65 TD CANADA TRUST 386743 06-Aug-2015 REFUND 44.18 TELUS COMMUNICATIONS COMPANY 386138 15-Jut-2015 SERVICES 796.65 TELUS COMMUNICATIONS COMPANY 386368 22-Jul-2015 SERVICES 1,096.10 TELUS COMMUNICATIONS COMPANY 386369 22-Jul-2015 SERVICES 3,287.84 TELUS COMMUNICATIONS COMPANY 386562 29-Jul-2015 SERVICES 1,658.16 TENAQUIP LIMITED 386370 22-Jul-2015 MATERIALS 41.06 Page 10 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount TERRIO,DAVID MICHAEL 386371 22-Jul-2015 REFUND 223.17 TES INFORMATION TECHNOLOGIES 386563 29-Jul-2015 SERVICES 3,465.26 THE BICYCLE PARKING COMPANY 386428 29-Jul-2015 MATERIALS 1,343.57 THE WORKS GOURMET BURGER BISTRO 386564 29-Jul-2015 REFUND 2,500 00 THEAL,BRENDA 386744 06-Aug-2015 REFUND 59.28 THERMO KING EASTERN CANADA 386139 15-Jul-2015 CONTRACT SERVICES 2,094.61 THOMAS,GARY 386745 06-Aug-2015 REFUND 500.00 THOMSON ROGERS LAWYERS 386565 29-Jul-2015 CONTRACT SERVICES 11,300.00 THYSSENKRUPP ELEVATOR 386140 15-Jul-2015 MAINTENANCE/REPAIRS 675.50 TIKKY,MARIANNE 386566 29-Jul-2015 PETTY CASH 154.15 TIM HORTONS STORE#30 386746 06-Aug-2015 REFUND 162.25 TODD,KEN 386567 29-Jul-2015 TRAVEL/MILEAGE 502.73 TOPLIFFE,JEANETTE 386747 06-Aug-2015 MATERIALS 51.93 TORBRAM ELECTRIC SUPPLY 386372 22-Jul-2015 MATERIALS 8.54 TOROMONT INDUSTRIES LTD 386373 22-Jul-2015 MATERIALS 7,354.78 TOROMONT INDUSTRIES LTD 386568 29-Jul-2015 MATERIALS 172.19 TOROMONT INDUSTRIES LTD 386748 06-Aug-2015 MATERIALS 7,429.78 TRANSAXLE PARTS(HAMILTON)INC. 386141 15-Jul-2015 STORES/INVENTORY 24.91 TRANSAXLE PARTS(HAMILTON)INC. 386374 22-Jul-2015 STORES/INVENTORY 836.20 TRANSAXLE PARTS(HAMILTON)INC. 386569 29-Jul-2015 STORES/INVENTORY 12.09 TRAPEZE SOFTWARE ULC 386377 22-Jul-2015 MATERIALS 5,901.47 TRENDLE,BEN 386375 22-Jul-2015 MATERIALS 105.00 TRIFUNIDY,SHIRLEY&TRIFUNIDY,GARY 386142 15-Jul-2015 REFUND 187.05 TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC 386143 15-Jul-2015 STORES/INVENTORY 66.42 TRILLIUM INDUSTRIAL SAFETY SYSTEMS INC 386376 22-Jul-2015 STORES/INVENTORY 332.11 TRUGREEN 386570 29-Jul-2015 CONTRACT SERVICES 2,400.68 TRUGREEN 386749 06-Aug-2015 MATERIALS 180.80 TURF CARE PRODUCTS CANADA LIMITED 386144 15-Jul-2015 MATERIALS 161.64 TURF CARE PRODUCTS CANADA LIMITED 386378 22-Jul-2015 MATERIALS 39.43 TURF CARE PRODUCTS CANADA LIMITED 386571 29-Jul-2015 MATERIALS 55.23 TWARDAWSKY,NICK 386750 06-Aug-2015 TRAVEL/MILEAGE 62.64 ULINE CANADA CORPORATION 386379 22-Jul-2015 MATERIALS 103.15 ULINE CANADA CORPORATION 386572 29-Jul-2015 MATERIALS 484.43 UNISYNC GROUP LTD 386380 22-Jul-2015 MATERIALS 42.88 UNITED WAY 386573 29-Jul-2015 PAYROLL REMITTANCE 1,623.00 UPPER CANADA CONSULTANTS 386145 15-Jul-2015 CONSULTING SERVICES 21,358.92 UPPER CANADA CONSULTANTS 386381 22-Jul-2015 CONSULTING SERVICES 1,694.25 UPPER CANADA CONSULTANTS 386751 06-Aug-2015 CONSULTING SERVICES 7,083.27 URBAN&ENVIRONMENTAL MANAGEMENT INC 386752 06-Aug-2015 CONSULTING SERVICES 764.20 VALUE MUFFLER&BRAKE CENTRE 386753 06-Aug-2015 VEH ID#557 261.79 VALVO,CHRISTOPHER JOSEPH 386575 29-Jul-2015 REFUND 750.00 VAN HOUTTE COFFEE SERVICES INC CO 38 386382 22-Jul-2015 MATERIALS 142.67 VANCOR SUPPLY 386146 15-Jul-2015 MATERIALS 599.80 VETERE,MARY-LOU 386383 22-Jul-2015 REFUND 184.95 VICTORIA CENTRE BIA 385998 10-Jul-2015 2015 1ST&2ND INSTALLMENT 233,000.00 VICTORIA CENTRE BIA 386576 29-Jul-2015 MATERIALS 141.28 VILELLA-DICK,ANGELA M 386754 06-Aug-2015 REFUND 89.92 VIOLANTE,ANNARITA 386147 15-Jul-2015 REFUND 492.60 VIVALDO,RON&VIVALDO,VINCENT 386384 22-Jul-2015 REFUND 750.00 VN PRODUCTIONS 386385 22-Jul-2015 MATERIALS 54.00 WAJAX POWER SYSTEMS 386148 15-Jul-2015 STORES/INVENTORY 21,673.50 WAJAX POWER SYSTEMS 386386 22-Jul-2015 STORES/INVENTORY 1,832.45 WALKER AGGREGATES INC 386149 15-Jul-2015 MATERIALS 2,194.45 WALKER AGGREGATES INC 386387 22-Jul-2015 MATERIALS 5,030.78 WALKER AGGREGATES INC 386577 29-Jul-2015 MATERIALS 2,019.15 WALKER AGGREGATES INC 386755 06-Aug-2015 MATERIALS 3,587.61 WARCHALA,MICHAEL 386388 22-Jul-2015 TRAVEUMILEAGE 216.38 WASTE MANAGEMENT 386389 22-Jul-2015 CONTRACT SERVICES 99.54 WEISCOR CONSTRUCTION SERVICES LTD 386756 06-Aug-2015 REFUND 1,250.00 WELMAR RECREATIONAL PRODUCTS 386757 06-Aug-2015 MATERIALS 10,297.69 WESCO DISTRIBUTION CANADA INC 386578 29-Jul-2015 STORES/INVENTORY 787.56 ... WESCO DISTRIBUTION CANADA INC 386758 06-Aug-2015 STORES/INVENTORY 1,257.69 WESTLAKE,NICKY&WESTLAKE,BRADLEY 386390 22-Jul-2015 REFUND 750.00 WET&HUMID NO MORE LTD 386579 29-Jul-2015 REFUND 1,500.00 WHITE,MELISSA 386391 22-Jul-2015 REFUND 136.63 • WINTER FESTIVAL OF LIGHTS 386581 29-Jul-2015 GRANT 20,166.67 WINTER-CARD,LISA 386392 22-Jul-2015 REFUND 133.17 WOLSELEY CANADA INC. 386150 15-Jul-2015 MATERIALS 49.45 WOLSELEY CANADA INC. 386582 29-Jul-2015 MATERIALS 884.79 WOLSELEY CANADA INC. 386760 06-Aug-2015 MATERIALS 63.87 WOMEN'S PLACE OF SOUTH NIAGARA INC 386583 29-Jul-2015 GRANT 1,612.50 WOOLEY,JASON GEORGE 386393 22-Jul-2015 REFUND 500.00 WORK AUTHORITY 386151 15-Jul-2015 MATERIALS 734.46 WORK AUTHORITY 386584 29-Jul-2015 MATERIALS 450.00 Page 11 of 11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name Cheque No. Cheque Date Purpose Amount WORK AUTHORITY 386761 06-Aug-2015 MATERIALS 289.26 WSIB 386152 15-Jul-2015 REMITTANCE 5,471.49 WSIB 386394 22-Jul-2015 REMITTANCE 24,571.24 WSIB 386762 06-Aug-2015 REMITTANCE 779.15 WTH CAR RENTAL ULC 386395 22-Jul-2015 MATERIALS 35.00 WYLIE,BRENDA 386396 22-Jul-2015 PETTY CASH 518.85 WYLIE,BRENDA 386763 06-Aug-2015 PETTY CASH 443.15 XCG TRAINING&OPERATIONS 386397 22-Jul-2015 MATERIALS 1,299.50 XPLORNET COMMUNICATIONS INC 386398 22-Jul-2015 SERVICES 338.83 YELLOW PAGES GROUP 386399 22-Jul-2015 ADVERTISING 519.30 YELLOW PAGES GROUP 386764 06-Aug-2015 ADVERTISING 179.11 YMCA OF NIAGARA 386400 22-Jul-2015 CONTRACT SERVICES 1,140.87 YMCA OF NIAGARA 386765 06-Aug-2015 CONTRACT SERVICES 950.40 YMCA OF NIAGARA 386586 29-Jul-2015 SERVICES 7,048.89 YOUNG,BRANDON 386401 22-Jul-2015 REFUND 183.47 YWCA NIAGARA REGION 386587 29-Jul-2015 GRANT 4,277.75 ZAMBONI COMPANY LTD 386588 29-Jul-2015 CONTRACT SERVICES 1,738.32 Total 10,877,484.30 FS-2015-07 Naagaraj'aI1s August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Fire Department SUBJECT: FS-2015-07 Metrolinx Antenna License Agreement RECOMMENDATION 1. That Council approve the Metrolinx Antenna License renewal. 2. That the Mayor and Clerk be authorized to execute the related agreement. EXECUTIVE SUMMARY The requested license renewal constitutes an extension of the existing agreement currently in place. There is a good relationship between the parties and the agreement provides the opportunity to generate an annual fee of $12,000.00 per year as part of the agreement. BACKGROUND The Niagara Falls Fire Department radio system infrastructure includes a radio tower at Fire Station 1, 5815 Morrison Street, owned by the City of Niagara Falls. The radio tower is used for the fire radio system and for data links between City buildings as needed by Information Systems. In addition to these uses, staff was approached by Metrolinx who was interested in leasing space on the tower to facilitate their operations in Niagara Falls. In 2010, the lease was introduced and the 5-year term expires this year. ANALYSIS/RATIONALE The antenna equipment on the radio tower and radio equipment housed within Fire Station 1 do not create hardship for staff. The lease agreement generates a benefit through annual lease revenue for the City. The lease relationship not only assists the City through revenue but also facilitates the Metrolinx operation in Niagara Falls. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The term of the lease agreement renewal is five (5) years and the revenue generated will be $10,000.00 per year. Recommended by: Lee Smith, Fire Chief Respectfully submitted: 1/2-A-14411 � Ken Tddd, Chief Administrative Officer L.Smith-tc L-2015-26 Nia ara alts August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2015-26 Consulting Agreement Purchase Order Our File No. 2013-224 RECOMMENDATION That Council approve a further revised Purchase Order for consultant services. BACKGROUND On November 26, 2013, Council passed By-law No. 2013-173 with respect to the Consulting Agreement Purchase Order. On May 12, 2015, Council approved a revised Consulting Agreement Purchase Order, wherein the reference to naming the City as an additional insured, with respect to professional liability insurance, was deleted. Further experience with the Purchase Order has demonstrated that further refinement would simplify the process of procuring consultants. ANALYSIS Adding the wording "and evidence of such third party liability and automobile insurance as the City may reasonably require," to paragraph 10 of the Consultant Purchase Order will enable the City to use this form of contract to include contracts in which the engagement of the consultant will include activities such as drilling for soil samples. CITY'S STRATEGIC COMMITMENT The proposed revision is in keeping with Council's commitment to customer service excellence and organizational efficiency and effectiveness. Recommended by: Ken Beaman, City Solicitor ,f A :A-41-4d Respectfully submitted: Ken Todd, Chief Administrative Officer KB MW-2015-026 August 25, 2015 Niagarajalls REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2015-026 Consultant Appointment Niagara Falls Pollution Control Plan Update Study RECOMMENDATION That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with GM BluePlan Engineering Limited to provide consulting services to the complete the update to the City of Niagara Falls Pollution Control Plan, at an upset limit of $197,025.00 excluding HST. EXECUTIVE SUMMARY Staff received four (4) proposals in response to a Request for Proposal call to complete an update to the City of Niagara Falls Pollution Control Plan (PCP) Study, as set out in the posted Terms of Reference for this document and in accordance with the first two phases of the Environmental Assessment process as required for Master Plan studies. This process allows for public and stakeholder involvement through meetings and review of the Final Report. The goal of the PCP study is to provide the City with a strategic plan and sewer management recommendations for the purpose of: • Quantifying the existing level or service and providing alternatives to establish, monitor, maintain and improve service levels • Identifying, preventing and ultimately eliminating combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs). • Eliminating, reducing or delaying extraneous flows entering the system • Improving the operation, maintenance, long term growth and sustainability of the City's wastewater collection system infrastructure. This would include examining the need and benefits of a second Wastewater Treatment plant in the south end to accommodate anticipated development in the area. Based on a review of the submitted proposals, the recommended submission provided the best value to the City while achieving all the stated objectives noted above and in the posted Terms of Reference for the study. 2 MW-2015-26 August 25, 2015 BACKGROUND The current City of Niagara Falls Pollution Control Plan (PCP) was completed by CH2M Hill Canada Limited in 2008. A number of the recommended priority projects and programs have been implemented by the City as put forward in that study. It functions essentially as a Master Plan document providing guidance on improvement, maintenance and operational activities for the wastewater collection network. As the system ages and the changes occur to the infrastructure, regulations, population dynamics and the climatic and environmental conditions, it becomes necessary to revisit the plan and reassess its direction, purpose and priorities. Ideally, it is prudent to update Master plan type of study documents every 5 to 10 years, in order for them to remain reliable and relevant. ANALYSIS/RATIONALE The purpose of the Pollution Control Plan is to study and assess the City's wastewater collection system infrastructure, and provides recommendations regarding reducing and eliminating the number, frequency and volumes of combined and sanitary sewer overflows (CSOs and SSOs) into the environment. As a requirement of the Certificate of Authorization to operate Combined Sewers within the City, the Ministry of Environment and Climate Change (MOECC) requires that the City report to them annually on our efforts in dealing with these issues. A number of factors and events over the last few years necessitated the need to review and update the current PCP: • Significant weather events in July and December of 2013 which contributed to widespread basement flooding across the City. • Increasing development activities throughout the City, particularly in the south end. • Ongoing capital improvement initiatives within the wastewater network including numerous sewer separation projects and construction of underground sewer overflow storage tanks. • Ongoing efforts to promote elimination of private property extraneous flow contributions to the network (Weeping Tile Disconnection funding). The update study provides an opportunity to assess progress to date with the current initiatives, and to reassess and prioritize future activities based on new or ongoing issues within the network. The Region has provided funding for a portion of this study through their CSO Control Policy funding program. A request for proposal (RFP) was issued to interested and qualified Engineering Consulting firms to complete this important update study on behalf of the City. The City received four (4) proposals in response to the RFP. A committee comprised of staff from Municipal Works reviewed and evaluated the proposal submissions based on criteria included in the RFP document. The committee reached an agreement based on ranking the proposals and proposed study teams that the submission from GM BluePlan Engineering Limited represented the best value to the City. 3 MW-2015-26 August 25, 2015 The recommended proposal demonstrates a proper and thorough understanding of the City's wastewater network, its unique challenges and the expected deliverables and outcomes from this study update. The proposed project team possess the capabilities and resources to deliver on the project within the proposed budget and timetable for completion. The GM Blue Plan team was also involved in providing Consulting services and assistance to the City in the completion of extensive city-wide Sewer Flow Monitoring during 2014 as a critical "first phase" of this update. The results of the Flow monitoring study provide invaluable background data on the current functional dynamics of the City's sewer network and how it responds to various conditions and weather events. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The approved budget for the Niagara Falls Pollution Control Plan Update Study is $300,000. This amount includes $100,000 in funding from the Region through their CSO Control Policy funding program. Approximately $50,000 has been utilized to date for the Flow monitoring phase of the study. The recommended proposal price is for $197,025.00, excluding HST to complete the study. There is also provisional pricing in the proposal in the amount of $11,625.00 for tasks that may be required. CITY'S STRATEGIC COMMITMENT This study and recommendation are in keeping with the Council's Strategic priorities for: • Infrastructure Sustainability (system capacity to accommodate growth, addressing basement flooding issues, continued implementation of the Weeping Tile Removal Assistance program) • Financial Stability (Asset Management plan priorities based on need, long term infrastructure sustainability investment, risk management frameworks) LIST OF ATTACHMENTS None. 1 Recommended by: Geoff Holman, Dir ctor of Municipal Works Respectfully submitted: IN2-"--)114AA Ken Todd, Chief Administrative Officer Kent Schachowskoj MW-2015-27 NiagarapIts August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2015-27 Re-Appointment of Engineer Under the Drainage Act Spriet & Associates St. John's Marsh Drain Project RECOMMENDATION That Council approve the re-appointment of Spriet Associates as the Drainage Engineer for the St. John's Marsh Drain Project under section 78 of the Drainage Act. EXECUTIVE SUMMARY The City of Niagara Falls appointed Spriet Associates the Drainage Engineer for the St. Johns Marsh Drain project on February 13, 2014 through By-Law No. 2014-21 in accordance with the Drainage Act. Under Section 39(1) of the Drainage Act the appointed Engineer has a limit of one year to file the Engineers Report, unless an extension is granted through a resolution from the appointing Council. Due to coordination there have been delays in the filing of the up dated Engineers Report. Spriet Associates has requested that the filing be extended as well as this project be re- appointed under section 78 of the Drainage Act as this is maintenance of an existing Drain. The purpose of this report is to extend the filing of the Engineer's Report through a re- appointment of the Engineer pursuant to section 78 of the Drainage Act. BACKGROUND Willow Road, which is under the jurisdiction of the Town of Fort Erie, also represents the municipal boundary between Fort Erie and Niagara Falls. St. Johns Marsh Drain was initially constructed in 1921 by the Town of Willoughby (Niagara Falls) in partnership with the Town of Bertie (Fort Erie). Original records show the drain started in the Town of Willoughby and flowed into the Town of Bertie where it eventually made its way to a sufficient outlet. The appointment of Spriet Associates on February 13th, 2014 was made under the pursuant to Section 8 of the Drainage Act. 2 MW-2015-27 August 25, 2015 ANALYSIS/RATIONALE Once drains are established, it is incumbent on the local municipality to complete regular maintenance that ensures it performs as expected. Local Municipalities are responsible to maintain and repair portions of an existing municipal drain that pass through its boundaries. Due to the request for extension for filing of the Engineers Report it set a favourable time to amend the appointment to reflect the section of the act that addresses maintenance of existing municipal drains. With the re-appointment of Spriet Associates a new Engineers Report is still required to address the changes to the properties within the watershed and establishing the original drain to current standards and practises. FINANCIAL/STAFFING/LEGAL IMPLICATIONS All project costs levied to the City will be included in an updated assessment schedule included as part of the updated Drainage Engineers Report. Costs assessed to the landowners for benefit and outlet will be invoiced to the residents. No increased budget is required for the extension of filing or the re-appointment of the Engineer under section 78 of the Drainage Act. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's strategic priorities to establish infrastructure investment opportunities and to strengthen and promote economic development within the City including alternative service delivery models. LIST OF ATTACHMENTS 1. Location Plan 2. Letter prepared by Spriet Associates Engineers & Architects dated July 9th 2015 ,til /(//149------ Recommended b y: ,t Geoff Holrnan, Director off Municipal Works 1 .L/Kik-IP,— i T Respectfully submitted: v Ken Todd, Chief Administrative Officer Nick Golia MW-2015-27 -Attachment#1 V I e li�ww = i ' = —' / 1,s; gi 0 ; i/ .* ' 1 E 1e "_,i i 11 PA ......., i \ . , 1 . ..„, 1Sad`,:,,,..__ h zi, • , : . ,,iii„..„ ,,_., ... I Mil Mill __ OM Vi7i i 1 A '1 6 LI . ,-. S:5084)NODi #¢�" 8 3 h -' a ax -F6 � IIIIIIW —.t linink ill , , 4: $Ya crootiT 1. 101 f ,10171111 L 101 t ,101 I_i a1-� _ ]} lag ',. ''-; Z I z.., a 111 Z II2! ,IN it 101 q arm&fel . aE� 1111/ .. ¢:ri 8 I slide 11 ,S n • .i• -d- (a a VW o� so8 SIE ip[`'1� d �,� g It \ : r 1� y — _ m�j Sk .1; • .. ~�. 1i� g ' NIC'. a1,111111. x.a ... . ,. � I `i _ x . i -----r jam.!4-4 Ii 'I^ t 13' YI` li "p 3... ‘1,8%. ,;.. ..,,,,, . i I , , v`_ 1 ag •�•. r -k Ts © l f 101 £ 101 L ION §; ! - J a u.-. K ,{, O . ‘ . '::4' :mcciu '1,.. .iii 4x, ID - f • o l' su \mi. d7 /I�i "u c J} o � a c rs¢i a v. C:.S :Nb0E1100; itif Io Z - ': .4 = EII d0 w N •JIII ice' . . ,Y � '�il U 3.^ SY p. F s „��ffWo b .... h 1. .............r. sr -25-‘1•1- , rE bg.r.A L., .o.i -s-'».g 6k�„NDS m er ?o' ..€ 0YO! V( I MW-2015-27 Attachment #2 Hamel works Q7-1-1d/3 Ai SPRIET July 9, 2015 ASSOCIATES ENGINEERS&ARCHITECTS 611 REcE�VED 155 York Street L Vl London,Ontario N6A 1A8 Tel.(519)672-4100 J U L 1 7 2015 Fax(519)433-9351 Attention: Mr. Nick Golia. C Tech E-mail: mail©spriet.ca City of Niagara Falls EIdGEtdEERi��aa www.spriet.ca Box 1023, 4310 Queen Street Niagara Falls, Ontario 9 L2E 6X5 9 Dear Mr. Golia: Re. St. John's Marsh Drain Our Ref No. 213172 Further to the City by-law No. 2014-21 approving the appointment of Spriet Associates to prepare a drainage report in connection to a petition under the Drainage Act, we report that the one year time limit has expired due to various reasons as discussed by phone. VVe recommend that our appointment be renewed by a new by-law. this time under Section 78 of the Drainage Act, not by petition because a copy of the most recent report and by-law dated 1948 has been found including a plan and profile drawing dated February 12. 1948. A plan and profile drawing by George Ross dated August 30. 1921 has also been found. VVe enclose herewith a copy of the 1921 and 1948 profiles. The old report, by-law, plans and profiles will be of great value when we prepare an updated report on this municipal drain under Section 78 of the Act. If there are any questions please contact the undersigned. It is our pleasure to be of service. Yours truly. SPRIET ASSOCIATES LONDON LIMITED J.R. Spriet, P. Eng., JRS:bv Associates:A.M. SPRIET•J.R. SPRIET•K. McILMURRAY•M.P. DEVOS •J.M.SPRIET• C.S. LIERMAN • A.T. ALTENLIU PBD-2015-40 i\'ia Lara n1ls August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-40 PLC-2015-004, Request for Removal of Part Lot Control Lots 72-75 (Inclusive) and 82-84 (Inclusive) Registered Plan 59M-395 Chippawa West Phase 2 Subdivision Applicant: A. J. Clarke and Associates Ltd. RECOMMENDATION 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 72-75 (inclusive) and 82-84 (inclusive) on Registered Plan 59m- 395, as exempt from Part Lot Control for a period of three years; and 2. That the developer be required to notify the City when the new deeds for the lots have been registered. EXECUTIVE SUMMARY A. J. Clarke and Associates Ltd. has requested that Council pass a by-law to exempt the lands from being subject to Part Lot Control to allow the transfer of ownership of the 14 semi-detached dwelling units. The request can be supported based on the following: • The use of this Planning Act mechanism is an acceptable alternative to a consent because the lots are located within a registered subdivision; • The zoning permits the proposed parcels sizes; and • The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold. BACKGROUND In 2013, Council passed By-law No. 2013-57 to lift Part Lot Control from Lots 71-76 (inclusive) and Lots 81-84 (inclusive) in Plan 59M-395 for a period of two years. Part Lot Control was lifted to facilitate the division and sale of the semi-detached dwellings to be built thereon. Dwelling units were built and sold on Lots 71, 76 and 81 before the by-law expired, but not on the remaining lots. The intent of the current request is to facilitate the sale of semi-detached dwellings on the remaining lots (Lots 72-75 (south side of Saw Mill 2 PBD-2015-40 August 25, 2015 Drive) and Lots 82-84 (north side of Saw Mill Drive), in the Chippawa West Phase 2 plan of subdivision). The subject lots are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to lots and blocks within registered plans of subdivision. In this case the removal of Part Lot Control is requested to allow the creation of separate parcels for each of the 14 semi-detached dwelling units. Refer to Schedule 2 for further detail. ANALYSIS/RATIONALE IThe subject lands are located within the Chippawa West Phase 2 plan of subdivision (59M-395) which was registered in 2012. The subdivision contains a mix of lots for one family detached dwellings, semi-detached dwellings and blocks of land for on-street townhouses and group townhouse dwellings. The semi-detached dwellings and proposed parcel configurations are shown on the attached draft reference plan (Schedule 2). The subject lands are zoned Residential Mixed (R3-760) by Zoning By-law No. 79-200, as amended by By-law No. 2006-205. The proposed parcels comply with the zoning regulations. Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that each semi-detached dwelling unit can be sold with its own parcel of land. Part Lot Control has been requested to be lifted for three years to allow for flexibility in scheduling real estate closing dates and to • consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. The developer should be required to notify the City when the new deeds have been created to assist in addressing and record keeping. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Development charges were collected for Lots 72-75 (inclusive) and 82-84 (inclusive) based on 14 units. Therefore, there are no financial implications. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. The application is consistent with this priority. 3 PBD-2015-40 August 25, 2015 LIST OF ATTACHMENTS Schedule 1 — Location Map .- Schedule 2 — Proposed Lots Recommended by: `y J t-i Alex Herlovitch. Director of Planning, Building & Development ,2,14110, Respectfully submitted: il Ken Todd, Chief Administrative Officer N.Debenedetti mb Attach. S 1PDR120151PBD-2015-40, PLC-2015-004. Request for Removal of Part Lot Control Chippawa West Phase 2 docx 4 PBD-2015-40 August 25, 2015 SCHEDULE 1 Zi / -''''''.- . N„ '- --..., -,,,,,,, , ..".. -,, N.,,,,, / ----.. ' .--'7*------ t111 76 l'-' N., / / itif , N..,.. . A.- / ,4* , ! .. ,0 I / / .$4111? / / / ..,, .. I . ,.. •. ..„ C14, It I --..... .1 ) „ 5 PBD-2015-40 August 25, 2015 SCHEDULE 2 ih i tit -- ,1:.; ;C 5 ' U i fir ;1 = i Is i .1 isti zsl 2. - ,tisoy •* 4 et!4 -. - /- 5.- .t _ z it 1 ...._/ I 11 I ,.1 i _ 7ZT141 ..- iiI lilt ,t II ..... , usca....•.; arvaiwg ...4 fit:tt P o 6...-• /5.• •• „„,„„,..,II `z // 'i t iS I . t • 4 4 1 I 31 • I 4 kg 01 • la 1 i i — " . I 1 4 I ;t • - • th, WI :12 :,.. . ii- ittl i A g •••• I . • $1••, 1 -, ; i - . .. so- 1 i 't- a.- t t t ',-____.L.:....____ f I 4._i • f a.I ‘, :•'. .1 i r ; .,-, ! ,.. .; : -- . er lin,o, i. y -' • , , -..,,,, $ ,4, t -.-, • , ,............ ...„.._._ „ ------ GC. ::-.•? ...e , ,r., • ., i I" -.22kitir••••••....4.,,,, : _ i re*Y i.,..; _';- .! " - -7-'•-x.,..____:. , _,: JP tp 1 g of ,z:f • a t,... i i, : ce ,:: 44.1.6, ., - mt.......,:ty _ fs::: ...., * 4 1 A 1 * t•.--• ,141,11z# '‘ ,.:* .73. r • i DI .t'f , . •::.f j le#55.. , -„; -. /e- - 1 - I r -----!&'/ ,tr.. e, ,8,, 4.45/0.., . , $2. -,.'q .,._•,•.1..6.4, ........4. IV .4.1.i-. I ,,..- kiit i i 4•11,'/ '44I i: ..- si 1.„.t. X,i I ge t. I -... 1.'4, r%, '4 / -4elly ' / t? ..i ' --3 A t / 4 46. -4 t •T k i ik. k. •3 ' ( :,.. , I 1 I it'-...1 • . ...., .Q r ... ---4, •••ir I i r _... , ...• i ... , ,. _, h 1 : its.11: 4 ..t..t 2 . f t. 4 I i ' iii! 1 1 ilIC t k 3 0' il ..! i all - .-- s 0 & 5 17 „; -- I Mail • ii. vi i .20'4 -- ..'-.t._Z._-... ;1'i 4634,1 I 1 SAP t * R&C-2015-11 NiagaraJlalls August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2015-11 MacBain Community Centre Renewal Agreements RECOMMENDATION That council authorize the Mayor and City Clerk to act on the behalf of the City to execute the following MacBain Community Centre renewal agreements; Niagara Falls Public Library and the Niagara Falls Big Brothers and Big Sisters for their respective use of the MacBain Community Centre and amenities. EXECUTIVE SUMMARY City Council, Report R-2005-31, August 29, 2005, approved lease agreements with the Niagara Falls Public Library to provide services at the facility and for the Niagara Falls Big Brothers and Big Sisters to locate their offices at the Centre. The ten-year lease agreements included a renewal option for ten additional years. Renewal lease agreements have been revised to reflect operational changes. BACKGROUND The operation plan for the MacBain Community Centre is a three way partnership; the YMCA of Niagara, Niagara Falls Library and the City of Niagara Falls. Each organization agreed to a cost sharing formula for operations and maintenance expenses for public spaces and utilities. The MacBain Community Centre not-for-profit tenants the Big Brothers/Big Sisters Association and the United Way lease rates are established on a full cost recovery basis. ANALYSIS/RATIONALE The MacBain Community Centre opened September, 2005. The Community Centre continues to be a well utilized community facility. The original business plan principles included the cost sharing formula for the three partners — the City, YMCA and the Library, to provide home for operations of non-profit community groups and that 2 R&C-2015-11 August 25, 2015 community and private organizations be charged appropriate community and commercial rates. The effective business operation model has been adopted by other communities throughout Ontario. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Big Brothers and Big Sisters agreement provides annual revenue of approximately $6,453 to the MacBain Community Centre operations budget. The Niagara Falls Public Library provides their agreed upon contribution for operations, utilities and facility maintenance costs. CITY'S STRATEGIC COMMITMENT Financial Stability, Committed to be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources. The non-tax revenue assists in reducing the MacBain Community Centre operating budget. Recommended bY Kathy Moldenhauer, Director of Recrea ion and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer TS-2015-19 Niagaraally August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-19 Swayze Drive — Speed Control Review RECOMMENDATION That a permanent speed hump be constructed on Swayze Drive in front of Ker Park. EXECUTIVE SUMMARY The temporary speed hump reduced the operating speed on Swayze Drive between Heritage Drive/Judith Avenue and the railway by 6 km/h. BACKGROUND Swayze Drive is a collector road that extends approximately 1 .2 kilometres from Stanley Avenue to Portage Road. East of the rail line, the surrounding land uses are industrial. West of the rail line, the area is predominantly residential with Ker Park fronting onto Swayze Drive. The operating speed collected in November 2013 was noted to be 65km/h which qualified the road for traffic calming measures under the City's Speed Control Policy. However, less than 20% of the residents identified that they were in support of speed control devices on Swayze Drive. In August 2014, City Council approved the installation of all-way stops at the intersections of Swayze Drive at Mayfair Drive and Swayze Drive at Heritage Drive/Judith Avenue. A temporary speed hump was placed on Swayze Drive midway between Heritage Drive/Judith Avenue and the rail corridor prior to the winter season. Council directed Staff to monitor the traffic operations on Swayze Drive and report back in 2015. ANALYSIS/RATIONALE Traffic data was collected in three locations on Swayze Drive in August/September 2014 following Council's approval but before the all-way stops and temporary speed hump was installed, in November 2014 when the all-way stops and temporary speed 2 TS-2015-19 August 25, 2015 hump were in place, and again in June 2015. The temporary speed hump was installed in September 2014 and removed prior to the winter but not reinstalled in 2015. On average, the daily traffic volumes on Swayze Drive have decreased by 28% among the three locations. Current traffic data identifies that Swayze Drive carries 640 cars daily east of Heritage Drive/Judith Avenue, and 1,100 cars between Heritage Drive/Judith Avenue and Mayfair Avenue. The table below summarizes the speed data (in km/h) collected from the three locations: Location Aug 2014 Nov 2014 Jun 2015 Change Between Portage & Mayfair 60 59 57 -3 Between Mayfair & Heritage/Judith 57 53 51 -6 Between Heritage/Judith & Stanley 57 51* 58 +1 *When temporary speed hump was in place The operating speed between on Swayze Drive between Portage Road and Mayfair Drive has marginally decreased from 60 km/h to 57 km/h. The speed of drivers was collected as they past Johnson Drive, which is about 150 metres from Mayfair Drive, outside the boundary that an all-way stop influences driver speeds. Traffic speeds between the two all-way stops at Mayfair Drive and Heritage Drive/Judith Avenue have decreased from 57 km/h to 51 km/h. The operating speed on Swayze Drive between Heritage Drive/Judith Avenue and Stanley Avenue had decreased by 6 km/h when the portable speed hump was in place. However driver speeds have returned back to the original speed when the speed hump was not present. Given that the speed hump has had a positive impact on the operating speed next to the park and the townhouse complex, Staff is recommending that a speed hump be permanently constructed in this location. The recommended speed hump will be placed approximately midway between the all-way stop at Heritage Drive/Judith Avenue and the rail crossing, in front of Ker Park and about 45 metres away from the closest residence. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The asphalt speed hump has been incorporated in the Municipal Works construction budget. The labour and material cost for the signs is accounted for in Transportation Services 2015 General Purposes Budget. 3 TS-2015-19 August 25, 2015 CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study area drawing Recommended by: ) Karl Dren, Director of Transportation Services • Respectfully submitted: 4444'i Ken.Todd, Chief Administrative Officer R ::.i, )' x 3w SPO GE n I74 : t e S Ic1S ANS $$..�`{{ ' ' —'C p ' .1,,,..-*, -.....,..:, q #' k. 3 f _ •.k `A "+lF!SNIy `kS'` _ I' Srw •Y. %J J. Fy, ar+l. 01.1 j ,.7 t Av �y . i L 1 i f . 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C3 Or ,, 1,-444 m D ' . te■1 - ns i:''..t,,.. +u-) YkEi t " ....V _ tf� AS. .-1,-;,,,,-f!.;.,.,,,,, � YT{ W / y ��a4Rr hL� :.,1,- Y1* s 'xr+ �P d " 'I Ppamror a sm:t fi' K@! 9 \t, ,--,';‘•:` i SfirC +f� Taki'f „,;,.-,,,,,$(, .,.„.„,...1.,,z,:::,/,,,,,,,,, " �y� 1prN2-. (D 'a.0 . 4 ''''-',14 s- +. ,, " y�i�w ', rr7 iGt6 , rte , d• � !,';''''''4 g ” w' , 0p-4.• a +X;` d � , 7r M� ... ? a r ; .:-.;,,t; - J'' • x p. :ARM µH15 q....r 0,61.1,'. A e rs w$aT7i; -c- '4 ' i TS-2015-20 Niagaraj7nlIs August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2015-20 Booth Street - Parking Review RECOMMENDATION That a "No Stopping" zone be established on the east side of Booth Street between Orchard Grove Parkway and a point 75 metres north of Orchard Grove Parkway. EXECUTIVE SUMMARY The recommended stopping prohibition is intended to eliminate drivers from stopping on the east side of Booth Street across from the school walkway. The restriction will increase the roadway clearance for emergency and maintenance vehicles, enable simultaneous bidirectional travel, improve sight lines, reduce maintenance to the boulevards and increase pedestrian safety. BACKGROUND Booth Street is a residential road with an 8.5 metre pavement width, a sidewalk on the west side separated by a curb (to 50 metres north of Orchard Grove Parkway), and a grass boulevard. Light standards are present on the east side providing illumination at night. The legal speed limit of Booth Street is 50 km/h. Booth Street is level but the road curves on approach to Orchard Grove Parkway. The surrounding land use consists primarily of residential dwellings. Cardinal Newman Catholic Elementary School is located west of Booth Street. A pedestrian pathway is present where Booth Street curves near Orchard Grove Parkway. Currently, 'No Parking' restrictions are currently in place on both sides of Booth Street. Residents requested Staff to review on-street parking restrictions on Booth Street in the vicinity of the rear pedestrian pathway to Cardinal Newman Elementary School. Residents have indicated parents are parking on both sides of the road and block traffic during school dismissal. 2 TS-2015-20 August 25, 2015 ANALYSIS/RATIONALE Observations revealed that drivers are parking or stopping along both sides of Booth Street during school dismissal. Parked vehicles within the curved section of Booth Street impeded two-way travel and reduced sight lines for through motorists. On-street parking is not permitted on Booth Street; however, parents were observed leaving their vehicles unattended on the roadway. Motorists are legally entitled to stand in "No Parking" areas, provided they do not exit or leave their vehicle unattended. A Canada Post community mailbox is located on the west side of Booth Street, north of Orchard Grove Parkway, which also attracts drivers to stop on Booth Street. Transportation Staff is recommending the establishment of a "No Stopping" zone on the east side of Booth Street between Orchard Avenue and a point 75 metres north. This measure is intended to eliminate drivers from stopping their vehicle even momentarily on the east side of Booth Street near the school walkway. The restriction is intended to increase the road clearance for emergency and maintenance vehicles, enable simultaneous bidirectional travel, improve sight lines and reduce maintenance to the boulevards. This restriction will also eliminate the need for children to cross the street in the vicinity of the school pathway between parked cars where they may not be seen by passing drivers. The two residents that would be directly impacted by the proposed restriction as well as the Principal of Cardinal Newman Catholic Elementary School was given the opportunity to comment on the proposed stopping control. No objections were received. In fact, both residents identified that they are in support of the proposed controls. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost has been accounted for in the 2015 General Purposes Budget. The estimated cost to install the signs is approximately $600. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. 3 TS-2015-20 August 25, 2015 LIST OF ATTACHMENTS Study area drawing Recommended by: ' < — Karl Dren, Director of Transportation Services i ----PA'141(A.--- Respectfully submitted: Ken Todd, Chief Administrative Officer $� • r ,151 F wt ,V- ',".1.t rAI L •+eta x b ' a 0 1 -J Fi . rik4 *T1,1::,., M . ya 011. • 1441 ,, .1,11.74..,,,,,,,1 ,,, ,' .70,1,::::::',74:,---",Si4::".:IP. : l'''. :4,.; " :7:: , i . , .. .....:1•11:,...., lic, { M . +!r' , 0 ' -•,,,,,,,, ..%.1 '''—' .A' '' 4.,.,,,, ', 'c' '_:„' .:1•';:::';'j %.". 4:11:::* C .f .. }fir i+4 In .F� "�� Pp 4 i 4 ' r'% fYlro-LL, � u S ,. .., :i. . , 7,•-i- - - ' • •",•' 'A.,, : ' .:i0,,,,:::_...,_ ...::- _, ._...„:1...,... .., . ,,, ,...77 :'.7..-,'• '',,;, • ,,.s‘, ,., C ; r '•Ii iy {f VI. 0 .414,:l.,0, .44:. ',',.',"•; f:i iff .i:(0, ,, , i dna f f •g 4 Sc of ti x .a v t do ,� , �, ' � c � �. . .�';. �" e ' s a.,.t 1,-.!`: � 1• ,., s .max ws. ti^ 4 s a i�!'�A z3`< .y r 1,! � ,-,.• r S , '� ',„1 A."' L tin R.'. "M ' 'j a1 ,. .. 4-..;„,,,,-,,,a, JA. '! '. yr 414, I � t +y� gqN l :Sipp ''," .,Fti. •,- , ,,„,.., R111 F Sk d lc, . ��-. Illr' .f ..may 3'.',"•':; ,- •':',.47,.501. �4k z4`M7 ltd �f! •'� ) • RAI* ! L 41.70,‘ ... • .$elf 4 rig. ..c N4 �r^3 H. !K`�r.1: .. 1 ,, , 2 . .,, .: ._„ ,,3,.. .. .,..., ,, . ,,,, .....,, ,... ,,,e„,,., i'7'it,,,t'', =flYyy k... . ... x; Proposed No Stopping • .- TS-2015-20 • II • Restriction Booth Street. Existing No Parking `ia,.,. alis Parking Revew - Restriction NORTH WFMH A World Federation for Mental Health July 15, 2015 Amanda Todd Legacy Society Carol Todd Dear Carol: The World Federation for Mental Health is proud to support the Light Up the World Purple Awareness Campaign as part of an international effort to increase awareness about mental health and the effects of bullying. As the creators of World Mental Health Day we are always on board to support campaigns that bring international awareness to mental health issues. Your Light Up the World Purple project is important to create awareness regarding the effects of bullying on a person's mental health. We understand the significance of this date in 4 your family and know how important it is to make sure that October 10t" - World Mental Health Day is used to highlight the awareness campaign. It is hoped that we can help spread the word about all that you are doing. If possible, try to send us pictures of the event so that we can post them on our website to show the world your event! I would be happy to send you our WFMH logo to use for your WMHDAY Event and if there is anything else we can do, please let me know. Thank you and good luck with your campaign! T' Deborah Maguire WFMH, Director of Administration WMHDAY Coordinator Dean Iorfida From: Kristine Elia Sent: Thursday,July 23, 2015 11:07 AM To: 'y' Cc: Dean Iorfida;Teresa Fabbro Subject: RE: Mayor's Office Contact Form (#24) Dear Christie: Many thanks for your email through our City's website. I have included our City Clerk, Dean Iorfida to have your request added to a future Council Agenda. The Clerk's Department will be in touch with you once your proclamation has been passed by City Council. Best regards, Kristine Elia Office of the Mayor and CAO City of Niagara Falls 4310 Queen Street,P.O.Box 1023 Niagara Falls,ON L2E 6X5 (905)356-7521 ext 4205 Fax 905-374-3557 keliaen iagarafalls.ca See more of Jim at: You 1111 010 From: FluidSurveys [mailto:notification@fluidsurveys.com] Sent: Wednesday, July 22, 2015 10:44 AM To: Kristine Elia Subject: Mayor's Office Contact Form (#24) You have new responses for your form Mayor's Office Contact Form View the attached PDF to view results or visit https://fluidsurveys.com/account/surveys/776954/responses/. Name: Yasmin Fendish Phone Number: Email: Message: July 22, 2015 Mayor of Niagara Falls Dear Sir, On behalf of the Ontario Society of Occupational Therapists (OSOT), I am writing to request that the month of October be proclaimed as Occupational Therapy Month in the City of Niagara Falls. Occupational Therapists (OTs) are health professionals who work with individuals of all ages who may be experiencing barriers to managing necessary day-to-day living skills and occupations (self- care, work and leisure) because of injury, illness, chronic disease, disability, aging, learning disabilities or mental health issues. OTs help people assume, reassume and/or maintain the roles and skills they need to 1 participate fully in all aspects of daily living, enjoy a quality of life, and engage meaningfully in their communities and society. The Canadian Association of Occupational Therapists and provincial OT associations across Canada have named October as national Occupational Therapy Month. The Ontario Society of Occupational Therapists would be honored if you would sponsor an official proclamation to recognize October as Occupational Therapy Month in Niagara Falls. Your proclamation would lend official recognition to the important work of occupational therapists working in your community's hospitals, rehab centres, CCAC services, Family Health Teams, long-term care homes, schools, mental health services and in a broad range of private practices in your community. We would be particularly honored to have you present this proclamation at a city council meeting. We look forward to working with your office on this important endeavor and would be pleased to speak further or identify a local occupational therapist to assist your office or to speak to the Council. I attach a proposed proclamation for your consideration. Thank you for your attention to this request. Sincerely, Christie Brenchley Executive Director 55 Eglinton Ave. E., Suite 210, Toronto, Ontario M4N 1P2 • 416-322- 3011 • osot@a osot.on.ca• www.osot.on.ca 2 The Monarchist League of Canada .aa L . , igue Monarchiste du Canada Draft of remarks about The Queen We are gathered today to mark The Queen's reign as Monarch of Canada having become the longest in modern history. With each other, our fellow Canadians and many people throughout the Commonwealth, we honour a Monarch who embodies the Canadian state, and a woman of faith and principle whom we deeply admire. As our Monarch, The Queen is part of Parliament, ensuring that we are a nation governed by law and not by the whims of a dictator, nor even of an elected leader subject to the shifting sands of popularity: for their power is lent by the Crown on behalf of us all, and according to the rules we have made. She guarantees a neutral judiciary, and enhances national identity in countless ways. Her image appears on all our coinage, as well as many postage stamps and bank notes. She sets a tone of stability, one reinforced as we look forward in the fullness of time to the reigns of her successors, Charles, William and George. Entrenched in our Constitution, she is at once a human being and the incarnation of a bedrock institution of Canada, giving authority to both the federal government and the provincial governments. She is the fount of Honour, recognizing Canadians for their good deeds, and encouraging others to do the same. As our friend, The Queen exemplifies the ideal of service, freely given. As a figure of unity, she denies herself the expression of personal opinions in favour of listening what we have to say. She is the particular friend and trusted Ally of our First Nations peoples. She defies stereotypes of age, continuing at age 89 to show that a busy schedule, interest in others and engagement with communities is a recipe for happiness and longevity we might all wish to emulate. She does not follow style nor seek to be a"personality" - she is herself! She has been with us in Canada from sea to sea to sea, in large cities and rural hamlets, meeting us, encouraging us, spreading happiness and a sense of common values and shared purpose wherever she journeys. She has been and in memory remains forever a central part of every significant occasion in our national life, from the Opening of the St Lawrence Seaway in 1959 to Expo '67 to the Montreal Olympics, the final Patriation of our Constitution, Canada 125, the Anniversaries of D-Day and Vimy and recently of Ypres; and, God willing, she will join us in the great party for Canada 150 in 2017. First coming to Canada as Princess in 1951 when Vincent Massey was Governor General, and Louis St Laurent her Prime Minister, she has known all their successors, and met many of us who see in her, yes, the mysterious enchantment of monarchy; but much more the down-to-earth hard work of a woman whom we admire -a granny and great-grandmother now- but always, a Mother of our Confederation and constant companion in the ups and downs of our nation's life. "I am no fair weather friend," she once observed on Parliament Hill. How true! She is the only Monarch most of us have ever known- how fortunate we are! What a challenge to all her fellow Canadians that we might live our lives inspired by her good example. And that, in a nutshell, is why we are gathered here today. To say thank you, and well done and long life - God bless and keep her! monarchist.ca r The Monarchist League of Canada 4 f A La Ligue Monarchiste du Canada , .ma 'k.; A PROCLAMATION We, as proud Canadians, composed of the residents of gathered at at Noon on the 9th of September, 2015, celebrate the momentous day when our Queen, a Mother of our Confederation, becomes the longest-reigning Sovereign of Canada. During more than 63 years as our Monarch, The Queen has united Canada by her example of inclusiveness, dedication and selfless service, of which we are deeply proud; and which we pledge to try to mirror in our own lives. We send Her Majesty today our loyalty and love, together with the hope that she will reign in health and happiness for many years to come. God Save The Queen! I . _ , . e monarchist ca 1-0,z00.0.0000040_____004 NIAGARA FALLS INTERNATIONAL MARATHON August 7, 2014 To: Honorable Mayor Jim Diodati and Members of Council Re: Niagara Transit Request Dear Mr. Mayor and Members of Council: For the past several years, Niagara Transit has supplied the Niagara Falls International Marathon with the usage of approximately 6 buses and bus drivers. This service helped the marathon by shuttling participants to various areas of the race while lowering costs. Please accept this as an official request for the donation of this service, which will primarily be used to shuttle both the parents and children involved with our Schools Marathon Challenge from Rapidsview Drive to the Finish area and back. This challenge is free and open to all students in grades three through eight in the DSBN and NCDSB systems. This service would also be used to shuttle the participants from the Finish Line to bus pick up. In addition, the event requires road closure and barricade setup. We have made our application to the City's Transportation Services department. There is an associated fee with the road closure and setup. In Fort Erie, the Marathon provides volunteers to do the setup of the barricades etc., which saves our organization costs. As a result, we would respectfully request that if it is not possible for the Marathon to provide volunteers for setup, that Council waive the associated fees. This year's event takes place on October 25, 2015. We are proud of the fact that we bring significant economic impact to our community, while offering activity and volunteer opportunities, and keep a high standard for our city's name within the running community throughout the world. We are extremely grateful for all the support the city has given us over the years and look forward to continued support this year. We promote our City in all of our marketing collateral as we strive to make a name for ourselves in the road racing marathon industry! Thank you in advance for your consideration! Sincerely, Joyce Harris Race Director /fee United Way Niagara Falls and Greater Fort Erie August 14, 2015 Mayor Jim Diodati and Members of Council City of Niagara Falls P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Councillors: We are planning to kick-off the United Way fundraising campaign on Sept. 19 at Oakes Park. The event will be a repeat of last year's, although the committee has opted to move it from a Friday evening to a Saturday afternoon. Once again, the event will be free and family-friendly and will feature entertainment, children's activities and food trucks. We understand that the City of Niagara Falls requires business licenses for food trucks. On behalf of the volunteer committee, I respectfully request that the business license requirement for food trucks be waived for United Way FallFest. We are aware that Club Italia, Springilicious and Food Truck Face Off have been granted similar exceptions in the past and hope you look favourably on this request. All public health requirements will be adhered to by the food vendors. If you have any questions about the event, please contact me. Thank you for your consideration. Sincerely, Carol Stewart-Kirkby Executive Director 7150 Montrose Road, Niagara Falls, ON L2H 3N3 • Tel: 905-354-9342 P.O. Box 266, Fort Erie, ON L2A 5M5 • Tel: 905-871-5454 Fax: 905-354-2717 • unitedway@caninet.com•www.unitedwayniagara.org (i stn Tel: 905-356-5444 4660 Queen Street Fax: 905-356-5667 Niagara Falls, Ontario info@theqevents.com -vv L2E - 2L8 www.theqevents.ca Niagara Falls August 5th,2015 His Worship Mayor Diodati &Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls,ON L2E 6X5 Event Organizers: Celebrate Old Downtown Event: Operation Queen Dear Members: Celebrate Old Downtown Community Corp. (COD) is a not-profit organization with a mandate to promote the downtown core through events.The COD is planning a number of street events throughout the 2015 year in co-operation with other event organizers.Our next event is in partnership with Escape Room Niagara Falls called Operation Queen.The event is an outdoor scavenger and puzzle hunt where teams must solve their way to the final location. The event will take place on Queen Street between St Clair Ave and Ontario Ave.The event will be on August 12th, 2015 from 5pm-10pm Street Closure: We would kindly request permission to close Queen Street from St.Clair to Ontario Ave. Please keep both St Clair and Ontario Ave open for vehicle traffic. This section of Queen Street will become a pedestrian only area. We would like the closure to happen on August 12" 2105 at 5pm and reopen at 10pm the same day.We respectfully request that Council --waive the costs of these-street siosures. Sinc- ely, Anthony Badovinac Chairman, Celebrate Old Downtown G E Ik"\ Tel: 905-356-5444 _ 1 4660 Queen Street Fax: 905-356-5667 oinfo@theqevents.com Niagara Falls, Ontario info@theqevents.com 0owiv L2E - 2L8 www.theqevents.ca Niagara Falls August 5th, 2015 His Worship Mayor Diodati &Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls,ON L2E 6X5 Event Organizers:Aaron Berger,Nathanial Goold& Celebrate old Downtown Community Corp Event:21 Band Salute Dear Members: Celebrate Old Downtown Community Corp. (COD) is a not-profit organization with a mandate to promote the downtown core through events.The COD is planning a number of street events throughout the 2015-year in co-operation with other event organizers. We are partnering with Nathanial Goold and Aaron Berger for the second year to have the 21 Band Salute in our downtown.They would like to have the event on Centennial Square grounds in front of City Hall on Sunday,September 20th,2015 from 11am to 11pm. This musical event is to mark International Day Of Peace.They would like to obtain a SOP for the event and would like request that council designate the event of"municipal significance". Street Closure:We would kindly request permission to close Queen Street from Ontario Ave to Erie Ave. Please keep both Ontario Ave and Erie Ave open for vehicle traffic. This section of Queen Street will become a pedestrian only area to keep event goers safe.We would like the closure to happen on September 20th,2015 at 8am and reopen on September 21st 2015 8am.We t:espectfUlly request tF t Councitwaive the costs of these Street closures. Sinc ly, Anthony Badovinac Chairman, Celebrate Old Downtown Tel: 905-356-5444 1J 4660 Queen Street Fax: 905-356-5667 % Niagara Falls, Ontario info@theqevents.com °ow L2E - 2L8 www.theqevents.ca Niagara Falls August 20`h, 2015 His Worship Mayor Diodati & Members of the Municipal Council City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Event Organizers: Celebrate Old Downtown & Taps Brewery Events: Niagara Music Awards & Niagara Falls Street Dance Dear Members: Celebrate Old Downtown Community Corp. (COD) is a not-profit organization with a mandate to promote the downtown core through events. The COD is planning a number of street events throughout the 2015-year in co-operation with other event organizers. We are requesting a noise by law extension from 9pm to 11:30pm for both Niagara Falls Street Dance on September 3th, 2015 and Niagara Music Awards on September 151h. Both events will be happening at 4680 Queen Street `Taps Brewery" parking lot. Thank you for your consideration. Sincerely, nthony Badovinac Chairman, Celebrate Old Downtown Dean Iorfida From: Moe Merani <> Sent: Wednesday, August 19, 2015 3:54 PM To: Dean Iorfida; Jim Diodati; Jim Diodati Subject: Re: ARIF MERANI MEMORIAL FUNDRAISING EVENT. Attachments: imagel.jpeg; ATT00001.txt Hello Dean. Hope all is ok at your end. I have sent out an email to three members of council, but would appreciate you share this email with all of them. What we would like and appreciate, from City Council is to help us help the charity, by purchasing tables of 10, at our huge fundraising event to be held at John Michaels Banquet Centre, on Friday October 23, 2015. We would appreciate you bring it up on the agenda on the next council meeting to be held on August 25th I believe. We hope that you can also spread the word amongst all the city staff, and put it up on all your internal email list, as this will be a memorable event, with all the net proceeds going to charity and to bring awareness, as was the vision of my beloved son, ARIF. Thank You, and we are counting on your full support and corporation. Our Commitee would also like to invite Mayor Diodati, to speak at the event with some encouraging words of wisdom. FYI, we have already crossed the $175,000.00 mark, raising and donating to charity, not to mention bringing a ton of awareness that ARIF would be so proud today. I am sure ARIF is smiling down, from the heavens above. Ilk VW -11111 • : A mN I I , . jiff FutF „: , • taw IP '4, MEMORIAL FUND ., . m IsER, . ' '—','-;e'',-, -C:- ••''. . ' Friday, Oct 23 ___ ... ... ,, . • ,...• . 7•00 PM • , , Ha 2°15 , to 1600 AM II • At John Michael'sBanquet URE • * ' EIR RING TH - FEATU BAR SIGNAT ____. ANTIPASTO PREMIUM ANTI Id ON eft. Upper Loc t Lar)e, a_ . . Thoro : ,..• .. .,. ..4,1°.:.;-* •A'-5 ,;‘,::-.', , .. I ' 4 .... 0.4111\03- , a I 3=bar . . .,., . r r r : ' • ' r • .,. N-fr'":4 '4,r,..1‘'I' ' . - ,rr r's.MI 4-• . . ' •.,,. :if,: ..„.....0,40.... ,.., .., $. REST COSTUMESsILENT AUCTION & Mi zES FOR. RECREATION & CULTURE Inter-Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: August 25, 2015 Re: Awards at Council — Tuesday, August 25, 2015 Niagara Falls Red Raiders Junior Girls U19 Basketball Team - Ontario Provincial Cup Champions The Niagara Fails Red Raiders Junior Girls U19 Basketball Team recently completed competition in the 2014 — 2015 Ontario Basketball Season capturing two gold medals. Earlier this season, the team won gold at a Burlington Tournament and completed their season by winning gold in the Ontario Basketball Provincial Cup with a perfect 4 — 0 record. This is a tremendous accomplishment by an exceptional group of young ladies. Congratulations to the team on being crowned OBA Provincial Ontario Cup Champs. Team members: Sophia Caruso Samantha Corbett Rysa DelMundo Alysha Fontaine Celia Karagias Bryanna McCabe Melissa Mussari Hannah Nazar Olivia Scott Juliana Simon Tia Stys Coach: Domenic Caruso Again. congratulations to the team on this outstanding accomplishment. cc. Dean lorfida, Kathy Moldenhauer A Great City ... For Generations To Come Dean Iorfida From: Kristin Welton <execdirector@epilepsyniagara.org> Sent: Wednesday, August 05, 2015 9:47 AM To: Dean Iorfida Subject: Epilepsy Niagara talk Good morning Mr. Iorfida, I met with Mike Strange a few weeks ago and he suggested that I contact you about attending (part) of a city meeting to talk about our upcoming event (September 12) and talk briefly about Epilepsy Niagara. Would this be an option for our organization? Thank you so much for your time in this request, Kristin Timmins-Welton Executive Director execdirector@epilepsyniagara.org Phone: 289-296-3460 Introducing our first Corporate Sponsor: Niagara SHOPPING I CENTRE Epilepsy Niagara has moved! We are now located at 7555 Montrose Road, Niagara Falls, ON L2H 2E9. We are located in the Niagara Square in between Laura Secord and Cellular Point. Epilepsy Niagara is proud to be supported by the United Way Niagara Falls & Greater Fort Erie, United Way St. Catharines & District, and United Way South Niagara. 1.,t Unfted Way PBD-2015-41 Niagaraaalls August 25, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-41 26CD-11-2015-002 Plan of Condominium (Vacant Land) Southwest Corner of Mountain Rd & St. Paul Ave., (Part 1, Plan 59R-13519) Applicant: 1784355 Ontario Limited (Chris Hawksweil & Joe DiCosimo) Agent: Raimondo + Associates Architects Inc. Proposed: 16 Unit Vacant Land Condominium RECOMMENDATION 1 . That the Plan of Condominium (Vacant Land) be draft approved subject to the conditions contained in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 1784355 Ontario Limited is proposing to develop the vacant 1 .01 hectare of land located on the southwest corner of Mountain Road and St. Paul Avenue, (Part 1, Plan 59R-13519), as a Plan of Condominium (Vacant Land). The condominium will divide the land into 16 units of land with a common private road, visitor parking and amenity areas. The condominium will allow the individual ownership of the townhouse dwellings that are approved to be built on the land. Approval of the application is recommended for the following reasons: • The development is in conformity with the City's Official Plan, permitted by Zoning By-law No. 79-200, as varied by the Committee of Adjustment, and will be compatible with surrounding development; • The condominium will assist in providing housing choices and will contribute to the City's required 3 year short term housing supply; and 2 PBD-2015-41 August 25, 2015 • City and Regional interests will be addressed through the fulfilment of the conditions contained in Appendix 1 . BACKGROUND Proposal The applicant is proposing to develop lands located at the southwest corner of Mountain Road and St. Paul Avenue, (Part 1, Plan 59R-13519), as a Plan of Condominium (Vacant Land). Refer to Schedule 1 to locate the 1.01 hectare (2.5 acre) property. The proposed condominium is comprised of 16 units of vacant land for future townhouse dwellings and includes a private road, visitor parking and amenity areas. Schedule 2 illustrates the design of the project. The subject land is zoned Residential Low Density, Grouped Multiple Dwellings (R4- 975) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 98-183. The zoning permits the development of townhouse dwellings subject to site specific development standards. On October 28, 2014, the City's Committee of Adjustment approved a number of variances (A-2014-021) to the regulations of the Zoning By-law to allow the proposed design. The variances were recommended by the Planning Division and no appeals were received. Surrounding Land Uses The subject land is located on the southwest corner of Mountain Road and St. Paul Avenue. A hydro corridor, owned by the Province of Ontario (Hydro One Networks Inc.) abuts the lands to the south. To the west are single detached dwellings. Circulation Comments • Region of Niagara No objections subject to the incorporation of conditions to address noise mitigation measures and waste collection. These conditions are included in Appendix 1 . • Niagara Peninsula Conservation Authority No objection subject to the incorporation of conditions to address the stormwater pond design. • Municipal Works, Fire Services, Building Services, Canada Post, Bell Canada, Enbridge, Parks Design No objections. Requested conditions included in Appendix 1 . 3 PBD-2015-41 August 25, 2015 • Niagara Falls Transit, Hydro One Networks Inc. No objections. Requested conditions included in Appendix 1 . ANALYSIS/RATIONALE 1. Official Plan The subject lands are designated Residential in the City's Official Plan. Residential lands are intended to be developed with a variety of residential dwelling types, including townhouse dwellings. Townhouses can be developed up to a maximum net density of 40 units per hectare and should be located on local or collector roads. The proposed townhouses have a net density of 15.8 units per hectare and are located at the intersection of two collector roads. The proposed development is in character with the surrounding residential developments in the vicinity. The townhouse development will blend into the lot fabric, streetscape and built form of the area. The subject site is located in proximity to the Neighbourhood's of St. David's Subdivision. The development will contribute to the required short term (3 year) supply of housing mandated by the Planning Act for future needs. The City has close to a 6 year supply. 2. Zoning By-law The property was rezoned in 2013 as Residential Low Density, Grouped Multiple Dwellings (R4-975) with site-specific regulations. This zoning permits the proposed townhouse dwellings. In 2014, the applicant had submitted a Minor Variance application (A-2014-021) to obtain relief from the minimum southerly and easterly setback, maximum lot coverage and minimum landscape provisions of the Zoning By-law. The application was approved by the Committee of Adjustment. The current proposal complies with the zoning provisions, as varied. 3. Plan of Condominium and Conditions of Approval The plan of condominium will accommodate the intended division of the land into vacant units of land that can be owned separately. The plan will facilitate the sale of the townhomes to be built on them. The plan includes a private common road off of Mountain Road, visitor parking and amenity areas. The scale, height and setbacks of the proposed dwellings will be compatible with the surrounding housing. Lands that are developed as a vacant land condominium are not made subject to Site Plan Control because the development issues including site servicing/grading, landscaping, lighting, fencing, and waste disposal are addressed in the condominium agreement. Appendix 1 includes the 4 PBD-2015-41 August 25, 2015 recommended conditions of approval including the installation of the necessary facilities and services for Canada Post, Bell Canada and Enbridge. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The application does not affect any of the City's strategic commitments REPORTREPORTLIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Draft Condominium Plan Appendix 1 - Conditions of Draft Plan of Condominium Approval Recommended by: 9LQ. 1d �''�'t Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: r Ken Todd, Chief Administrative Officer A.Dilwaria.gd Attach. S:1PDR\2015\PBD-2015-41 26CD-11-2015-002. NorthRidge Village.docx 5 PBD-2015-41 August 25, 2015 SCHEDULE 1 ''' i i1 i / '"urVE RD i i / /i .. 11....... ..... I / i I/ .*••••••••1 1 / Y i oil -- - _L / t * )............---- ,....er...............— ,^"''c,.._.._.- ,--,—•—•"'-r , , i/ ------ t4.- .................„,,,...,+'''I r.,,,.....---- . It ' I / i . .., •••••,*ba..........„ .61 .+,.,,,rq, '''''.....,....„,.. . / )'t- • ;. r ,. ---,,,, ._... / / .•. ' I A iN Jco ''- -;-•,.. _ , . .. , -. ..,• --1.... • 4.....___,4------ I ..o './ P , 44 • r 6 PBD-2015-41 August 25, 2015 SCHEDULE 2 1'1 __ Y Ci:. _„ .... 1n...�.:,..w - 41-- is uwraw 37.91707g. -.--.-,- ueld a�g I .,,� .,.,o. 'a Q wawdoianaa wrnwwopuoo pasodad ��'-..'...,...,a....... J/ o�a� .137U0 a•a.+.�.�n ._... . •// uH /'- a6rll!A a6pR!4UON a'*" -- i PJ�pU s a Sz pP.� r 3 z 2 `f{+ 1 I _ Fz,; rxH I r; 1.£ ji3 i„,-.4.1 ,. d .� 5 1 .y $i /dY� 1 al Z.� b I ,4. s$ 1r � t 11 i tic, s Y�. a L3 161\ / 1111£ / / ,,,,3-, t• , I . '!.-ti‘,,/ 4-'. . *'--t' \ -A l''' o ,/ /1.'' . a + Ila d1{+ j F 1 11 a il' kk n j i gild i T t 3 YF- �Q ,a, , .4( ayy;y ,;yy T • r} al _\ va o '/ pit: J s a0 O Ja q a J o/ i/ y____1 ! i I o II / )---- Iii e tir, ,, ,.; w a {� \ ;= ,� J ti Awa. ® is - TA �, 7 PBD-2015-41 August 25, 2015 APPENDIX 1 Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Raimondo + Associates Architects Inc., dated April 28, 2015. showing 16 units of vacant land for townhouses as well as a common private road, visitor parking and amenity areas. 2. The developer submit to the City's Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submits a Solicitor's Certificate of Ownership for the Condominium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a 1 .8 metre high privacy wood fence along the westerly property line that abuts the single detached dwelling. Details of this fencing shall be shown on the landscape plan required by condition 9. 7. The developer provide a 1 .5 metre powder coated aluminum fence along the south property line that abuts the Ontario Hydro Lands. Details of this fencing shall be shown on the landscape plan required by condition 9. 8. The developer pay the City cash-in-lieu of parkland dedication in the amount equal to 5% of the appraised value of the land to be subdivided as determined by a qualified appraiser, to the satisfaction of the City. 9. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment. internal landscaping/lot landscape design, patios. driveway locations and garbage enclosures/collection areas for review and approval of the City Landscape Architect. 8 PBD-2015-41 August 25, 2015 10. The roadways, services, sidewalks, lot grading and construction and streetlighting within the property shall all be designed and constructed in accordance with City standards. 11. The developer design and construct all underground services within the subject lands in accordance with City standards. 12. The developer pays the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2014-87, as amended. 13. The developer shall provide the proposed site servicing and grading scheme for the subject property for review and comment prior to the approval of plans for construction. 14 The developer pays to the City the applicable required fees for administration. 15. That the following condition be placed in the Vacant Land Condominium Agreement: "Owners shall be required to have their Engineering Consultant provide written acceptance that the works completed conforms with the City's accepted drawings and in accordance with the current City of Niagara Falls Engineering Design Standards manual." 16. The developer provides tender documents and digital data, in accordance with the Niagara Peninsula Standard Contract Document format and Regional and City CAD standards, to the City in compliance with current PSAB requirements. 17. The developer submit a request to the Fire Department to designate through municipal by-law a fire access route on the property, provide a drawing illustrating the fire route's compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code and post the necessary 'no parking' signs. 18. That the developer provide a keypad or other suitable means for the opening of the easterly gate to the satisfaction of the Fire Department. 19. The motorized vertical lift access gate shall be no less than 6 metres from the road allowance 20. The developer provides the necessary drawings to Fire Services and Building Services, to confirm compliance of the development with Section 3.2.5.5(1) of the Ontario Building Code. 21 . The developer agrees in the Vacant Land Condominium Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject 9 PBD-2015-41 August 25, 2015 to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 22. The developer provides one or more conduit or conduits of sufficient size from each unit to the rooms(s) in which the telecommunication facilities are situated and one or more conduits from the rooms in which the telecommunication facilities are located to the street line. 23. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details, and provision of field survey information 24. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 25. That the Community Mail Box (CMB) be located east of visitor parking 3, across from Building 6, facing the internal road, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 26. The developer satisfy all requirements of Canada Post regarding concrete pad for CMB, temporary CMB, walkways to CMB, curb depressions for wheelchair access, informing potential homeowners of CMB location, timing of construction and identification of CMB and related works on engineering servicing drawings. 27. Prior to final approval, copies of the lot grading and drainage plan, showing existing and final grades, must be submitted to Hydro One Networks Inc. (HONI) in triplicate for review and approval. Drainage must be controlled and directed away from the Ontario Infrastructure & Lands Corporation (OILC)/HONI transmission corridor. 28. Temporary fencing must be installed along the edge of the transmission corridor, at the developer's expense, prior to the start of construction. 29. The OILC/HONI transmission corridor is not to be used without the express permission of HONI on behalf of OILC. During construction there will be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the condominium. 10 PBD-2015-41 August 25, 2015 30. HONI's letter of June 2, 2015 and the conditions contained therein should in no way be construed as permission for or an endorsement of proposed location(s) for any road crossing(s) contemplated for the proposed development. This permission may be specifically granted by OILC under separate agreement(s). Proposals for any secondary land use including road crossings on the transmission corridor are processed through the Provincial Secondary Land use Program (PSLUP). HONI, as OILC's service provider, will review detailed engineering plans for such proposals separately, in order to obtain final approval. Should future approval for a road crossing be granted, the subdivider shall then make arrangements satisfactory to OILC/HONI for the dedication and transfer of the proposed road allowance directly to the City of Niagara Falls. Access to and road construction on the OILC/HONI transmission corridor is not to occur until the legal transfer(s) of lands or interest are completed. 31 . The costs of any relocations or revisions to HONI facilities that are necessary to accommodate this subdivision will be borne by the developer 32. If the proposed development is within proximity to a Transmission or Distribution station, the following applies: (a) The developer hereby confirms and agrees that every agreement of purchase and sale heretofore and hereafter entered into by the developer with any purchaser(s) of any lot/unit or proposed lot/unit in the subdivision contains the following notice/warning provisions (or clauses substantially similar thereto in all respects), namely: "Each lot/unit purchaser and/or lessee specifically acknowledges and agrees that the development of the lands upon which this subdivision is being (or has been) constructed, will be (or has been) undertaken and completed in accordance with any requirements that may be imposed from time to time by any Governmental authority, and that the proximity of this subdivision to facilities, installations and/or equipment owned and/or operated by HONI may result in noise, vibration, electro-magnetic interference and stray current transmissions (hereinafter collectively referred to as the "Interferences") to this subdivision, and despite the inclusion of control features within this subdivision, Interferences from the aforementioned sources may, occasionally interfere with some activities of the occupants in this subdivision. Notwithstanding the above, each unit purchaser and/or lessee agrees to indemnify and save harmless HONI, from and against all claims, losses, judgments or actions arising or resulting from any and all of the interferences. In addition, it is expressly acknowledged and agreed that HONI does not, and will not, accept any responsibility or liability for any of the Interferences in respect of this subdivision and/or its occupants. Furthermore, there may be alterations and/or expansions by HONI to its facilities notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the subdivision. HONI will not be responsible for any complaints or claims of any kind howsoever arising from use, expansion and/or alterations of such facilities and/or operations on, over or under its transformer station. Furthermore, each lot/unit 11 PBD-2015-41 August 25, 2015 Purchaser and/or lessee acknowledges and agrees that an electro- magnetic, stray current and noise-warning/vibration clause similar to the foregoing shall be inserted into any succeeding or subsequent sales agreement, lease or sublease, and that this requirement shall be binding not only on the Purchaser hereunder but also upon the Purchaser's respective heirs, estate trustees, successors and permitted assigns, and shall not cease or terminate on the closing of this purchase and sale transaction with the Vendor/Declarant." (b) The developer covenants and agrees that so long as the City does not object thereto, the language set out in Condition 46(a) hereof (or language substantially similar thereto) shall also be included in the Subdivision Agreement entered into by the developer with the City of Niagara Falls to be registered on title of the subdivision. 33 The developer is advised that the transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 188 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet) and for 115kV conductors is 3 metres (10 feet). It is the developer's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distances specified in the Act. They should also be aware that the conductors can rise and lower without warning, depending on the electrical demand placed on the line. 34. The developer provides a detailed drawing for the stormwater management dry pond that identifies the maintenance access route, landscaping details, location of sediment controls and pond's spill route to the satisfaction of Niagara Peninsula Conservation Authority. 35. That the developer submits a Stage 1 Archaeological Assessment, prepared by a licensed archaeologist, to the Ministry of Tourism, Culture and Sport for review and approval with a copy provided to the Niagara Region. The report must be accepted by the Ministry, to the satisfaction of Niagara Region, prior to clearance of this condition. It should be noted that subsequent Stage 2, 3 or 4 studies may be required to mitigate any adverse impacts to significant archaeological resources found on the site through preservation or resource removal and documentation. If the consultant recommends further Stage 2, 3 or 4 Archaeological Assessments, these report(s) must also be submitted to and accepted by the Ministry, to the satisfaction of Niagara Region. NOTE: No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry confirming that all archeological resource concerns have been mitigated and meet licensing and resource conservation requirements. 12 PBD-2015-41 August 25, 2015 36. That the following noise warning clause be included in any agreements entered into between the owner and the City and all Offers of Purchase and Sale or Lease for any units within the development: i. "Purchasers /Tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the Municipality's and the Ministry of Environment's noise criteria." 37. That, prior to any construction taking place within the Regional road allowance, the owner obtains a Regional Construction Encroachment and/or Entrance Permit. The plan submitted with the application shall show the location of all street trees, utilities, signage, etc. on the Mountain Road Boulevard. 38. That the owner submits, for review and approval by Niagara Region, a drainage/lot grading plan illustrating grade elevations to address storm water flows, access grades etc. 39. That the owner submit, for review and approval by Niagara Region, the detailed drawing showing any proposed services to local infrastructure to ensure the protection of Regional infrastructure. 40. That the development conform with the Regional Municipality of Niagara policy C3.C17 Collection of Waste by Way of Entry on Private Property; and , that the owner enter into an indemnity agreement with Niagara Region for service; and, that the following clause be included in all Offers of Purchase and Sale or Lease for the five units in the southwest corner of the site that do not front onto path of the waste collection vehicle: "Owner/leases of Units (insert here the numbers of 5 units in the southwest corners not on truck path) shall use the designated waste collection pads for collection of all garbage, recycling and compost." Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the draft subdivision or condominium agreement for the proposed development should be submitted to the Niagara Region Planning and Development Services Department (Development Services Division) for verification that the appropriate clauses pertaining to any of these conditions have been included. 3. As required as part of the following Conditions of Approval, the format for all studies and reports to be submitted to the Niagara Region shall be two hard copies and a PDF digital copy. 13 PBD-2015-41 August 25, 2015 Clearance of Conditions Prior to granting approval to the final plan, Planning;. Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1 to 3 (inclusive) and 16 - Legal Services for Conditions 4 and 5 - Parks Design for Conditions 6 to 9 (inclusive) - Municipal Works Department for Conditions 10 to 15 (inclusive) - Fire Services for Conditions 17 and 18 (inclusive) - Transportation Services for Condition 19 - Building Services for Condition 20 - Bell Canada for Condition 21 and 22 - Enbridge Gas for Condition 23 - Canada Post for Condition 24-26 (inclusive) - Ontario Hydro for Condition 27-33 (inclusive) - Niagara Peninsula Conservation Authority for Condition 34 - Regional Niagara Public Works Department for Conditions 35-40 (inclusive) 1,11 CITY OF CANADA IA640.A FALLS - _ The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS a number of events take place in the Downtown Business Improvement Area; and WHEREAS many of the events promoting the Downtown are held at Centennial Square in front of City Hall; and WHEREAS the "21 Band Salute" is an annual music event, now in its fourth year; and WHEREAS the event is scheduled for September 20`"; and WHEREAS the organizers would like to provide beer and wine to the public for the event and have amplified music until 11:00 p.m.; and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance; and WHEREAS the event is significant as it provides exposure to the City's Downtown core. THEREFORE BE IT RESOLVED that Niagara Falls City Council consents to Centennial Square being the venue for the "21 Band Salute"; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers "21 Band Salute" to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event; and FURTHER BE IT RESOLVED that Niagara Falls City Council grants relief to the City's Noise By-law to allow amplified music until 11 :00 p.m. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR 4140 11111 � l S CITY OFs ii'r ►CANADA NIAGARA FALLS The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Mr. & Mrs. Derek and Lana Hill tragically lost their 13-year old daughter, Kelsey in December 2011. from cancer: and WHEREAS prior to her passing, Team Kelsey was created to raise awareness of childhood cancer; and WHEREAS Team Kelsey has raised more than $110,000 for childhood cancer; and WHEREAS the Hills have an event, Mashing the Monster, an adult Halloween Costume Party (the "event"), scheduled for October 17, 2015 at St. Ann's Hall; and WHEREAS all proceeds from the event go to McMaster University Stem Cell & Cancer Research Institute; and WHEREAS due to the fact that the organizers of the event are neither a charity or not - for - profit organization, to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of municipal significance. WHEREAS these type of fundraising events by individuals in our community are to be encouraged and raise significant funds for worthy charities and endeavours that ultimately benefit members of the local community. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Mashing the Monster event to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2015 — A by-law to adopt a Consulting Agreement Purchase Order form. WHEREAS Staff have modified the terms and conditions related to the Consultant Agreement Purchase Order; AND WHEREAS the approval of the Consulting Agreement Purchase Order Page 2 form simplifies the process of procuring consultants; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . A Consulting Agreement Purchase Order Page 2 form, as attached hereto, is hereby approved and authorized by the Council of the Corporation of the City of Niagara Falls, to be adopted as part of the consultant selection policy and process. 2. By-law No. 2013-173 of The Corporation of the City of Niagara Falls and any amendments made thereto are hereby repealed. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015. Second Reading: August 25, 2015. Third Reading: August 25, 2015. THE CORPORATION OF THE CITY OF NIAGARA FALLS CONSULTING AGREEMENT PURCHASE ORDER: Page 2 This page to be signed and returned to the Supply& Services Section: City of Niagara Falls Municipal Service Centre, 3200 Stanley Avenue, Niagara Falls, ON L2E 6S4 1. The undersigned (the "Consultant") agrees to supply the consultant services described in the attached description and proposal ("the Consultant Services") to The Corporation of the City of Niagara Falls (the "City"), on the terms described in this Purchase Order and the attachments thereto. 2. Written authority must be obtained from the Municipal Works Department of the City for any changes to any aspect of the Consulting Services or the terms upon which they are to be performed. 3. The attached description and Proposal shall form a part of this Purchase Order where reference is made thereto. 4. Any and all drawings produced while performing the Consulting Services shall be the property of the City. 5. The Harmonized Sales Tax shall be stated separately on all invoices submitted to the City. 6. Payment of any invoice will be subject to satisfactory performance of the Consultant Services billed for. 7. Payment will be made only to the Consultant to whom this Purchase Order is issued. 8. The completion date(s) specified for the supply of the Consultant Services in the attachment(s) to this Purchase Order are acknowledged to be of the essence to the City. 9. The Consultant shall assume the defence of and indemnify and save harmless the City and its officers, Council Members, employees and agents from and against all claims relating to the performance of the Consultant Services including, without limiting the generality of the foregoing, any claims arising from the use or alleged use of any form of intellectual property, save and except those claims arising from the negligence or other wrongful act of the City. 10. A current Clearance Certificate showing coverage under the provisions of the Workplace Safety and Insurance Board and a professional liability insurance certificate in the City's form and evidence of such other insurance as the City may reasonably require, must be registered with the Supply & Services section of the City, before commencement of the Consultant Services. 11. The supply of the Consultant Services must comply with all applicable federal, provincial and municipal statutes, rules, by-laws and regulations. 12. In the event of any conflict between the terms of this Purchase Order and the terms of any attachment, the terms of this Purchase Order shall govern. X Signature of Signing Officer (I have authority to bind the company) Name of person signed above: Company name: Date signed: CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to designate Lots 49 and 50, Registered Plan 59M-401, not to be subject to part- lot control (PLC-2015-002). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not to be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by Zoning By-law No. 79-200, as amended by By-law No. 2013-05 to permit single detached lots; AND WHEREAS the City proposes to convey Part of Block 81, Registered Plan 59M-401 to Lot 49, Registered Plan 59M-401 and covey Part of Block 81, Registered Plan 59M-401 to Lot 50, Registered Plan 59M-401; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not to be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 49 and 50, Registered Plan 59M-401, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. That Part of Block 81, 59M-401 be conveyed to Lot 49, 59M-401 to become a new parcel and Part of Block 81 , 59M-401 be conveyed to Lot 50, 59M-401 to become a new parcel. 3. This by-law shall remain in full force and effect for three months from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015 Second Reading: August 25, 2015 Third Reading: August 25, 2015 S.IPART LOT CONTROL120151PLC-0011PLC-2015-002 By-law.docx CITY OF NIAGARA FALLS By-law No. 2015 A by-law to designate Lots 72-75 (inclusive) and Lots 82-84 (inclusive), Registered Plan 59M-395, not to be subject to part-lot control (PLC-2015-004). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not to be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 2006-205, to permit the erection of semi-detached dwellings thereon; AND WHEREAS the owner of the said lands proposes to divide Lots 72-75 (inclusive) and Lots 82-84 (inclusive) into 14 parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not to be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 72-75 (inclusive) and Lots 82-84 (inclusive), Registered Plan 59M-395, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for three years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015 Second Reading: August 25, 2015 Third Reading: August 25, 2015 S.\PART LOT CONTROL12015\PLC-004\PLC-2015-004 By-law.docx CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of an amending licensing agreement between 2095527 Ontario Limited and the Corporation of the City of Niagara Falls for an antenna at 6700 Fallsview Boulevard. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . An amending licensing agreement between 2095527 Ontario Limited (the "Licensor") and the Corporation of the City of Niagara Falls (the "Licensee") for an antenna at 6700 Fallsview Boulevard attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the amending licensing agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015. Second Reading: August 25, 2015. Third Reading: August 25, 2015. AMENDING AGREEMENT RE: ANTENNA LICENSE AGREEMENT This agreement(this"Agreement") dated the day of July, 2015 BETWEEN: 2095527 ONTARIO LIMITED), a Company incorporated pursuant to the laws of the Province of Ontario, (hereinafter referred to as the"Licensor") OF THE FIRST PART; -and- THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Licensee") OF THE SECOND PART; WHEREAS this Agreement is supplemental to an Antenna License Agreement (the "Agreement") dated the 1St day of June, 2010, granted by the Licensor to the Licensee, for 6700 Fallsview Boulevard,Niagara Falls,Ontario; AND WHEREAS all of the parties hereto intend to further vary the Agreement in the manner set out below; 1. "Renewal Period": The Licensee has exercised their right to renew for an additional Five(5)years; 2."License Fee" commencing June 1, 2015, one Thousand,two Hundred& Sixty Dollars ($1,260.00) per month plus HST, is payable monthly in advance; 3. 38(1) Termination Rights of Licensee Licensee may terminate this Agreement on ninety(90) days' written notice to the Licensor; 4. All other terms and conditions contained in the Lease shall remain the same; -2- IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first written above. 2095527 ONTARIO LIMITED Per: Victor Menechella, President I have the authority to bind the Corporation THE CITY OF NIAGARA FALLS Per: CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and the Niagara Falls Big Brothers Big Sisters Association Inc. for a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . A lease renewal agreement between the Corporation of the City of Niagara Falls (the "Landlord") and the Niagara Falls Big Brothers Big Sisters Association Inc. (the "Tenant") for a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road (the "Premises") attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the amending licensing agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015. Second Reading: August 25, 2015. Third Reading: August 25, 2015. THIS RENEWAL OF LEASE made this 15t day of September, 2015, BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Landlord" and NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION INC. Hereinafter referred to as the "Tenant" RECITALS WHEREAS by Lease dated April 27, 2005, (the 'Original Lease"). The Corporation of the City of Niagara Falls granted the Niagara Falls Big Brothers Big Sisters Association Inc., a lease of a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road, Niagara Falls (the "Premises") and more particularly described in the Original Lease, for a term of ten years: AND WHEREAS the Tenant has exercised its option to renew as contained in the Original Lease and has requested the Landlord to grant it a Renewal Lease of the Premises for a further term of ten years from the 13t day of September, 2015, to and including the 31st day of August. 2025. on the terms hereinafter set forth, and the Landlord has agreed to do so: NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by the Tenant to the Landlord and other mutual terms and conditions herein contained and subject to and with the benefit of the Landlord's and Tenant's covenants, provisos and conditions in all respects as are contained in the Original Lease, the parties agree as follows: DEMISE AND TERM 1 The Landlord hereby leases to the Tenant the Premises, subject to the payment on the same days and in like manner of annual rental as set out in the Original Lease in the amounts as set out in paragraphs 2 and 3 hereof, and subject to and with the benefit of the Landlord's and Tenant's covenants (other than the covenant for renewal). by the Landlord and Tenant and the provisos and conditions contained in the Original Lease. 2 RENT Basic Rent 2 The Tenant covenants and agrees to pay, throughout the renewal term hereof, to the Landlord at the office of the Landlord, or to such other person or at such other location as the Landlord shall direct by notice in writing, in lawful money of Canada, without any prior demand therefor and without any deduction, abatement or set-off whatsoever as annual Basic Rent, the amount of SIX THOUSAND AND FOUR HUNDRED AND FIFTY-THREE DOLLARS ($6,453.00), plus HST in addition, in equal monthly instalments in advance in the amount of $9.42 per square foot or $537.75, plus HST, on the first day of each and every month during the renewal term. Additional Rent 3. The Tenant further covenants and agrees to pay, throughout the renewal term hereof, to the Landlord at the office of the Landlord, or to such other person or at such other location as the Landlord shall direct by notice in writing in lawful money of Canada, without any prior demand therefor and without any deduction, abatement or set-off whatsoever, Additional Rent as set out in Article 6 of the Original Lease. AMENDMENTS 4 The provisions of the Original Lease are amended as of the 1'` day of September, 2015; in the following manner: a. Subparagraph 1.1(e) is deleted in its entirety and replaced as follows: Rentable Area of Premises: 902 square feet; b. Subparagraph 1.2(e) is deleted in its entirety. together with all references to the "Committee" as contained throughout the Original Lease; and c. Schedule "A" is deleted and replaced with Schedule "A" attached hereto. CONFIRMATION OF COVENANTS 5. The Landlord and Tenant hereby covenant that they shall perform and observe the covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations had been repeated in this Renewal Lease, in full, with such modifications only as are necessary to make them applicable to this Renewal Lease IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals,. duly attested by the hands of their proper signing officers and the said signing officers 3 certify that they have authority to bind their corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION INC. Per: ti. Name: Jon Braithwaite Title: Executive Director Name: Cathy Hopkins Title: Board Chair Big Brothers Big Sisters of Niagara Falls fes, Office space, including common area \iagar j r11h • Numbers in square feet • Grey spaces share with United Way 138 91 81 28 120 --� 76 143 100 110 July 29, 2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and the Niagara Falls Public Library Board for a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . A lease renewal agreement between the Corporation of the City of Niagara Falls (the "Landlord") and the Niagara Falls Public Library Board (the "Tenant") for a portion of the premises municipally known as the MacBain Community Centre. 7150 Montrose Road (the "Premises") attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the amending licensing agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty-fifth day of August. 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015. Second Reading: August 25, 2015. Third Reading: August 25, 2015. THIS EXTENSION OF LEASE made this 1st day of September, 2015. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the `Landlord" and NIAGARA FALLS PUBLIC LIBRARY BOARD Hereinafter referred to as the "Tenant" RECITALS WHEREAS by Lease dated March 14, 2005, (the "Original Lease"), The Corporation of the City of Niagara Falls granted the Niagara Falls Public Library Board, a lease of a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road, Niagara Falls (the "Premises") and more particularly described in the Original Lease, for a term of ten years; AND WHEREAS the Original Lease, according to its terms, has expired; AND WHEREAS the Tenant wishes to extend the Original Lease for a further ten years commencing September 1, 2015; NOW THEREFORE in consideration of the sum of TWO DOLLARS ($2.00) paid by the Tenant to the Landlord and other mutual terms and conditions herein contained and subject to and with the benefit of the Landlord's and Tenant's covenants, provisos and conditions in all respects as are contained in the Original Lease, the parties agree as follows: DEMISE AND TERM 1 The Landlord agrees to extend the term of the Original Lease for an additional term of ten years from the 1st day of September, 2015. to and including the 31st day of August, 2025, subject to the payment on the same days and in like manner of annual rental as set out in the Original Lease and subject to and with the benefit of the Landlord's and Tenant's covenants, by the Landlord and Tenant and the provisos and conditions contained in the Original Lease. AMENDMENT 2. The provisions of the Original Lease are amended as of the 1st day of September, 2015, in the following manner. a. Subparagraph 1 .2(e) is deleted, together with all references to the "Committee" as contained throughout the Original Lease; 2 b. Paragraph 7A is deleted; and c. Paragraph 12(b) of Schedule "C" is deleted and replaced as follows: install in the Premises or elsewhere in the Property any transmitting radio communications equipment, excluding Wi-Fi radios (IEEE 802.11 compliant radio devices), without the Landlord's prior written consent: or NO FURTHER RIGHT OF RENEWAL 3. The Tenant acknowledges that it has no further right to renew the Original Lease at the expiry of the extended term. CONFIRMATION OF COVENANTS 4. The Landlord and Tenant hereby covenant that they shall perform and observe the covenants, provisos and stipulations in the Original Lease as fully as if such covenants, provisos and stipulations had been herein repeated in full, with such modifications only as are necessary to make them applicable to this Extension of Lease Agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing officers and the said signing officers certify that they have authority to bind their corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk NIAGARA FALLS PUBLIC LIBRARY BOARD Per:;�►a.�'lt�t.r ALL' Name:e&.41L¢ AlfVSs Title: N r P L .Bow etlihiC Yom . Name: Muv A SlE,IoU2 Title: cc---0(c c-c C...i loran'ck, CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 80-114 is amended by deleting Schedule "A" and Schedule "A" attached hereto shall be inserted in lieu thereof 2. By-law No. 80-114 is amended by adding Schedule "B-87" attached hereto. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015. Second Reading: August 25, 2015. Third Reading: August 25, 2015. SCHEDULE "A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Thorold Stone Mall 6161 Thorold Stone Road Schedule "B-1" Stamford Green Plaza Portage Road Schedule "B-2" Town & Country Plaza 3648 Portage Road Schedule "B-3" Drummond Square Drummond Road Schedule "B-4" Towers Plaza Morrison Street Schedule "B-5" Lundy's Lane Plaza 6460 Lundy's Lane Schedule "B-6" Niagara Square 7555 Montrose Road Schedule "B-7" Finbows Plaza 6734 Lundy's Lane Schedule "B-8" Electronic Supermarket 6282 Lundy's Lane Schedule "B-9" Southway Plaza Drummond and Dunn Schedule "B-10" Skylon Tower 5200 Robinson Street Schedule "B-11" Pyramid Place 5400 Robinson Street Schedule "B-12" Maple Leaf Village Falls Avenue (Oneida Lane) Schedule "B-13" Canadian Tire 6840 McLeod Road Schedule "B-14" Y.M.C.A. 4261 Fourth Avenue Schedule "B-15" Summerlea Acres 6767 Thorold Stone Road Schedule "B-16" Stamford Collegiate Drummond Road and Leonard Schedule "B-17" Avenue Victoria Meadows Townhomes Monastery Drive Schedule "B-18" Niagara South Condominium Kalar Road and Coventry Road Schedule "B-19" Corporation No. 21 YWCA Residential Complex Ailanthus Avenue Schedule "B-20" Niagara Crossing Factory Oakwood Drive Schedule "B-21" Stores St. Paul Driving Range St. Paul Avenue Schedule "B-22" SCHEDULE "A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Brockway Business Centre Montrose and Thorold Stone Schedule "B-23" Roads Niagara South Condominium 5100 Dorchester Road Schedule "B-24" No. 28 Niagara South Condominium 5150 Dorchester Road Schedule "B-25" No. 19 Brookside Village Co-Operative 8175 McLeod Road Schedule "B-26" Homes Inc. Niagara South Condominium 4230 Meadowvale Drive Schedule "B-27" Plan No. 43 Factor Forms Niagara Ltd. 8481 Earl Thomas Avenue Schedule "B-28" Zehrs Markets Morrison Street and Dorchester Schedule "B-29" Road Ameri-Cana Resort 8444 Lundy's Lane Schedule "B-30" Niagara South Condominium 3955 Portage Road Schedule "B-31" Corporation #2 Kingsbridge Village 3516 Main Street Schedule "B-32" Non-Profit Housing Corporation 8055 McLeod Road and 8065 Schedule "B-33" McLeod Road Pine Meadows Builders 5088 Drummond Road Schedule "B-34" Townhouse Condominium Project - 35 Townhouses 21 Unit Townhome Mewburn Road Schedule "B-35" Development Niagara South Condominium 6453 Colborne Street and 6476 Schedule "B-36" Corporation No. 1 Huggins Street Edscha of Canada 5795 Don Murie Street Schedule "B-37" First Professional Management 7190 Morrison Street Schedule "B-38" Inc. SCHEDULE "A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Orchard Grove Estates Magnolia Drive Schedule "B-39" Extension Access to Lots 30 - 33, 36 - 39, 42 - 45 and 48 - 51 Econo Lodge Hotel 7514 Lundy's Lane Schedule "B-40" Montrose Gardens Montrose Road Schedule "B-41" Orlando Drive Condominium 3797 Orlando Drive Schedule "B-42" Micron Installations 6501 Kister Road Schedule "B-43" Rosemount Condominium Montrose Road Schedule "B-44" Mount Carmel Centre Montrose Road Schedule "B-45" Great Lodge Resort Victoria Avenue at Leader Lane Schedule "B-46" Burnfield Lane Condominium 3241 Montrose Road Schedule "B-47" Niagara South Condominium 5200 Dorchester Road Schedule "B-48" Niagara South Condominium 7001 Casey Street Schedule "B-49" Corp. #42 Niagara South Condominium 2684 Mewburn Road Schedule "B-50" Corp. #57 Promenade Condominiums 3300 Montrose Road Schedule "B-51" Home Depot 7190 Morrison Street Schedule "B-52" The Courtyard at Meadow 8142 Costabile Drive Schedule "B-53" Creek Falls Masonry Ltd. 5595 Drummond Road Schedule "B-54" Townhouse Condominiums Feliciano Pingue 6012 Frontenac Street Schedule "B-55" Proposed Condominium Feliciano Pingue 6430 Montrose Road Schedule "B-56" Proposed Condominium SCHEDULE "A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Canada One Factory Outlet 7500 Lundy's Lane Schedule "B-57" Mall Niagara South Condominium 3322 Addison Street Schedule "B-58" Corporation No. 4 - Park Royal Niagara Catholic District School 3900 Kalar Road Schedule "B-59" Board - West Niagara Falls Catholic Elementary School Secord Mills 8918 Sodom Road Schedule "B-60" Modern Landfill Inc. 2025 Fruitbelt Parkway Schedule "B-61" Ashton Heights Condominium Drummond Road and Murray Schedule "B-62" Street Courtyard Apartments 4658 Drummond Road Schedule "B-63" MacBain Community Centre 7150 Montrose Road Schedule "B-64" Victoria Park Towers 6521 Drummond Road Schedule "B-65" Imperial Towers 6563 Drummond Road Schedule "B-66" 6390 Huggins Apartments and 6390 and 6400 Huggins Street Schedule "B-67" 6400 Huggins Apartments Rock Spring Gardens 6334 Desanka Avenue Schedule "B-68" Condominium West Meadow Phase II 4399 Montrose Road Schedule "B-69" Delphina Gardens 6753 O'Neil Street Schedule "B-70" Adeline Apartments 6420 Montrose Road Schedule "B-71" Panoramic Properties Inc. 7591 Scholfield Road Schedule "B-72" 1251549 Ontario Limited and 623381 Ontario Inc. 6167-6175-6181 Dorchester Schedule "B-73" Condominium Road Omada Homes Inc. 6928 Ailanthus Avenue Schedule "B-74" SCHEDULE "A" COLUMN 1 COLUMN 2 COLUMN 3 SITE LOCATION SCHEDULE "B" NUMBER Brighton Condominiums 3915 Portage Road Schedule "B-75" Thundering Waters 6000 Marineland Parkway Schedule "B-76" Condominiums Langendoen Homes Ltd. - 2634 St. Paul Avenue Schedule "B-77" Meadowcreek Homes Marken Homes 9440 Eagle Ridge Drive Schedule "B-78" Weinbrenner Place Inc. 3401 - 3421 Weinbrenner Road Schedule "B-79" Niagara South Standard 6263 Valley Way Schedule "B-80" Condominium Corporation No. 104 (Valley Way Townhomes) The Bonnengton Apartments 4218 Portage Road Schedule "B-81" Frank Costantino Construction 6186 Dorchester Road Schedule "B-82" Ltd. Condominium People Movers Bus 8208 Heartland Forest Road Schedule "B-83" Maintenance and Storage Facility Niagara South Condominium 2720 Mewburn Road Schedule "B-84" Corporation No. 25 (Mount Forest Village) Niagara South Condominium 4336 Kalar Road Schedule "B-85" Corporation No. 80 Victoria Woods — Phase 1, 5622 Ironwood Street Schedule "B-86" Block 98 Optimist Village 7276 Optimist Lane Schedule "B-87" (Units 1 — 16) ;Llw, . ii„,,,E,,, , g 01 ti 1!!!!t: § ' 1, s / i pz w tri '1!' : W .. �' L.—% a� .. . /hi1 E V) �,�, ;.,,,i, < ; ram } 71�n1�.h�,.—_ ..,�: W rl oo$u hx . it . a 7111 o Nip--� W ei¢ � �i� � �� _ � !�` �.-..:. ;� � kyr ¢iea Iliqg /I t 1 iii mirri. , m IlleatrILIPIiirst�-1f illa 1 ' it 11a C � o0 II —H r i ran 330 L24j .ill 1 . `. ill i i sr miellill 1 1 , PAW i 011 (6- 1 ' I I • I 1 7•Wilmi "it ,,:„ .1 i II III m'Ip.,11114,11 illidi_NIMm.1 11-1..1.1P11.1 -i:-0':, / \ ....\ alai 1 MN Illmill g:HAM. '441 wail \ ,"-. i l'''''l ---.....„,,, 1 1 i 0;6. 1 I \ 15, .., , leis II nUIMIMITINIIMIIIII Iii milimmi .0 1 25 `srio as aim NBr. r I; �' i I g, r EL3 3 313 3 z itliihirillin.. -1.-1. i ' 1 li 1.1011111.1111" 1111111prill II I !I r' .■' - ,0 ii I _JI - Ie:F <sI i r ' I 3id 7° 0:,itigilill 'Ili 88 1 tell QEW �r CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of an agreement with the Town of Fort Erie for the provision of transit services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 An agreement between the Corporation of the City of Niagara Falls and the Town of Fort Erie respecting the provision of transit services, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the inter-municipal transit service agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto. Passed this twenty-fifth day of August, 2015 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015. Second Reading: August 25, 2015. Third Reading: August 25, 2015. r THIS AGREEMENT made this day of , 2015. BETWEEN: THE CORPORATION OF THE TOWN OF' FORT ERIE Hereinafter referred to as "Fort Erie" OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as "Niagara Falls" OF THE SECOND PART. WHEREAS Fort Erie and Niagara Falls wish to implement an intermunicipal transit service operating between the Town of Fort Erie and the City of Niagara Falls; AND WHEREAS the Municipal Council of the Town of Fort Erie passed Report No. IS-29-2015 on August 10th,2015 authorizing the entry into an Agreement with Niagara Falls Transit to provide intermunicipal transit services as per Schedule"A" to this Agreement; AND WHEREAS the Municipal Council of the Town of Fort Erie passed By-law No. 105-2015 on August 17th,2015 authorizing the entry into an Agreement with Niagara Falls Transit to provide intermunicipal transit services as per Schedule"A" to this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term The term of this Agreement is for one school year commencing on September 8th,2015 and ending on April 29th, 2016. Extension of the Agreement beyond April 29th, 2016 shall require mutual consent and agreement of all parties hereto. 2. Payment Schedule and Total Fee (1) For the services provided throughout the initial term of this Agreement, Fort Erie shall remit to Niagara Falls a total fee of$131,950.00 payable in two equal instalments of 50% V —2— of the total fee on or before October 31st, 2015 and on or before February 28`h1, 2016. The total fee payable is not subject to reduction. Late payments will be assessed at an interest charge of 1.5% per month (18% per annum). (2) Fort Erie acknowledges that all fees anticipated herein are based on Niagara Falls providing services as outlined in Schedule "A" attached to this Agreement. In the event that additional services are required, Fort Erie shall be responsible for the additional costs associated with same. Any additional costs will be negotiated between the parties at such time as this Agreement is to be amended. (3) In the event that increases in the level of service are required by Fort Erie, Niagara Falls will provide a separate invoice to Fort Erie for any additional buses or services required. The invoiced fees will be based on an hourly rate (to be negotiated by both parties) with a base minimum of two hours required per call out and transit fleet availability. 3. Fares and Fare Revenue Fort Erie acknowledges that individuals who use the services provided by Niagara Falls under this Agreement must remit the applicable fare as agreed to by both parties and as outlined in Schedule "A". Niagara Falls shall remit said fares to Fort Erie within one month after the completion of the Fall and Winter school semesters respectively. 4. Responsibility of Service Neither party shall be responsible to the other for the non-performance, or for delay in performance, occasioned by any cause beyond its control including, acts of civil or military authority, embargoes,acts of God,delay of suppliers or inability to obtain or shortages of materials or supplies but, for greater certainty, the shortage of funds by a party thereto, thereby preventing it from discharging its obligations hereunder shall be deemed to be a cause within its control. During the period of such delay, Fort Erie shall have the right to source services elsewhere. Fort Erie and Niagara Falls, acting reasonably and in good faith, shall jointly decide whether any such situation is likely to continue for a period exceeding 90 days and if so,then either party shall have the right to terminate this Agreement. 5. Service Interruptions Niagara Falls will not be held responsible for service disruptions due to unforeseen circumstances (i.e. weather, accidents, traffic congestion, detours, road closures, mechanical breakdowns, etc.). In the event of a period of sustained interruption of regular service exceeding 96 consecutive hours, Niagara Falls' liability will be limited to a reimbursement to Fort Erie on a basis of a daily rate, defined as the total fee paid by Fort Erie to Niagara Falls in that year, divided by the total amount of operating days in that year, multiplied by the amount of days without service. Operating days shall only include those days where service is offered between September 1 and May 1 of each year. Said reimbursement will be paid to Fort Erie within 30 days of resumption of service. -3- 6. Service Schedule All services anticipated to be delivered under the teens of this Agreement are set out in Schedule "A" as attached. 7. Ridership Data Fort Erie requires Niagara Falls to provide a record of ridership numbers for the Fall and Winter Semesters covered within this Agreement. 8. Contract Terms and Notice of Termination (1) Any party wishing to terminate the Agreement, for any reason, prior to April 29th, 2016 must notify the other party of its intent to terminate the contract for the subsequent January - May, 2016 year by November 1st, 2015. (2) Fort Erie understands and agrees that Niagara Falls shall have the right to terminate this Agreement on 60 day's notice in the event of either of the following: (a) Niagara Falls no longer has the authority to transport passengers within the jurisdiction required by this Agreement; (b) A frustrating event occurs whereby legislation is enacted by any level of government which would effectively prohibit or in any way limit Niagara Falls from carrying out its obligations under this Agreement, then Niagara Falls shall be relieved of its obligations under the Agreement. Notwithstanding anything else in this Agreement, in the event the rights of Niagara Falls to perform its obligations under this Agreement are, or may be, frustrated by legislation, by any level of government, then Niagara Falls shall have the right to terminate this Agreement without any liability or obligation upon 60 days written notice to Fort Erie or such lesser period of notice as may be required by the subject legislation. Repayment terms of this Agreement's section 5 would then come into effect for the balance of the term of the Agreement. 9. Insurance (1) During the term of this Agreement and any extension thereof,Niagara Falls shall maintain in full force and effect the following insurance coverage. Commercial General Liability policy covering all services as described in this Agreement. The policy will be extended to include bodily injury and property damage,personal injury,blanket contractual to a limit of not less than ten million dollars ($10,000,000.00) per occurrence. The policy shall be endorsed to include Fort Erie as an additional insured. (2) All policies of insurance shall: -4— (a) be written with an insurer licensed to do business in Ontario; (b) be non-contributing with, and will apply only as primary and not excess to any other insurance or self-insurance available to Fort Erie; and (c) contain an undertaking by the insurers to notify Fort Erie in writing not less than 30 days before any cancellation or termination of the policies. (3) Before the commencement of any activities hereunder, Niagara Falls shall provide to Fort Erie, a Certificate of Insurance in a form acceptable to Fort Erie evidencing the above policies. Fort Erie reserves the right to request a certified copy of the above-mentioned policies. 10. Arbitration (1) The parties agree to make every reasonable effort to resolve any disputes arising from this Agreement by negotiations between them. (2) If a dispute occurs between the parties concerning any matter governed by the Agreement, the manager or designate of the party raising the dispute shall advise the manager or designate of the other party, in writing, and the two managers or designates shall work together and use all reasonable efforts to resolve the dispute. (3) If the managers or their designates are unable to resolve the dispute informally within five business days of it being referred to them,the dispute shall be forwarded, in writing, to the Town Clerk or his/her designate of Fort Erie and the City Clerk of Niagara Falls. Using direct communications, the Town Clerk or his/her designate for Fort Erie and the City Clerk of Niagara Falls will have 15 business days from the matter being referred to them to resolve the dispute. (4) If the town Clerk or his/her designate for Fort Erie and the City Clerk of Niagara Falls do not resolve the dispute,the dispute may,with the consent of both parties,be referred to and finally resolved by arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17 as amended. The place of arbitration will be the Town of Fort Erie, in the Province of Ontario. 11. Notices Any notices permitted or required under this Agreement shall be given by personal delivery or sent by prepaid registered mail to the parties at the following addresses. Notices sent by registered mail shall be deemed to be received three regular business days after mailing. -5— To Fort Erie at: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive Fort Erie, Ontario L2A 2S6 And to Niagara Falls at: The Corporation of the City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day of , 2015. THE CORPORATION OF THE TOWN OF FORT ERIE Per: _. • 'e s ekop, ayor Laura Bubanko,Town Clerk THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida, City Clerk Schedule A Fort Erie to Niagara Falls Bus Schedule 2015 - 2016 (Monday to Saturday Service) Service Operates from September 8, 2015 to April 29, 2016 > No Service on Sunday or Statutory Holidays Departures and Arrivals To and From Fort Erie Depart Arrive Arrive Target Target Plaza Walmart Fort Depart Walmart Plaza Niagara Niagara Falls Erie Fort Erie Falls 6:25 AM 6:55 AM 6:55 AM 7:25 AM 7:25 AM 7:55 AM 7:55 AM 8:25 AM 11:25 AM 11:55 AM 11:55 AM 12:25 PM 12:25 PM 12:55 PM 12:55 PM 1:25 PM 4:10 PM 4:40 PM 4:40 PM 5:10 PM 5:10 PM 5:40 PM 5:40 PM 6:10 PM 6:10 PM 6:40 PM 6:40 PM 7:10 PM Fare > $3.50 Cash Fare ➢ Exact cash fare applies ➢ Includes transfer privileges to Niagara Falls Transit Local Transit service • Valid Niagara College and Brock U -Pass accepted Morrison/Dorchester Hub Connections Welland 7:30 AM Niagara -on- the -Lake 8:00 AM Brock University 7:30 AM 8:30 AM 8:30 AM 8:50 AM 1:00 PM 12:45 PM 12:50 PM 2:00 PM 1:45 PM 1:30 PM 6:00 PM - 5:30 PM 7:45 PM 6:45 PM 6:10 PM 7:45 PM 7:15 PM - Connections Note Connections to Fort Erie (from Post -Secondary Buses) Welland Niagara -on- the -Lake Brock University 10:30 AM 11:00 AM - 11:50 AM 3:50 PM 4:30 PM 4:50 PM - 5:30 PM 5:45 PM 5:50 PM Connections for Niagara College (Welland and Niagara -on -the -Lake campuses) and Brock University are made at Morrison/Dorchester Hub in Niagara Falls Inform the bus operator which bus you require a transfer to. 57307- nia - arara Ic transit the way to root CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to approve the extension of the appointment of Spriet Associates as the Drainage Engineer for the St. John's Marsh Drain Project. WHEREAS Council approved By-law 2014-21 , appointing Spriet Associates as the Drainage Engineer for the St John's Marsh Drain Project, as per s 8 of the Drainage Act, R.S.O. 1990, c. D. 17; and WHEREAS s. 39(1) of the Drainage Act allows Council to re-appoint the Drainage Engineer if more time is required; and WHEREAS report MW-2015-27 recommends the extension of the appointment of Spriet Associates. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . That Council approve the extension of the appointment of Spriet Associates as the Drainage Engineer for the St. John's Marsh Drain Project; and 2. The Drainage Engineer is to continue to fulfill the obligations under the Drainage Act. Passed this twenty-fifth day of August; 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015. Second Reading: August 25, 2015. Third Reading: August 25, 2015. CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the execution of an Agreement of Purchase and Sale with the Trustees of Grace Gospel Church, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between The Corporation of the City of Niagara Falls, as Purchaser, and the Trustees of Grace Gospel Church, as Vendor, for the property described as Part 1 on Reference Plan 59R-15143; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015. Second Reading: August 25, 2015. Third Reading: August 25, 2015. AGREEMENT OF PURCHASE AND SALE PURCHASER,The Corporation of the City of Niagara Falls ,agrees to purchase from VENDOR, Trustees of Grace Gospel Church ,the following: REAL PROPERTY: Address Part of 5855 Valley Way,and legally described as Part of Block B,Registered Plan 175, in the City of Niagara Falls, in the Regional Municipality of Niagara. designated as Part 1 on Plan 59R-15143. as shown on Schedule"A"attached (the"property"). PURCHASE PRICE: Two Thousand Five Hundred and zero Dollars(CDN$2.500.00) DEPOSIT: Purchaser submits Five Hundred Dollars (CDN 1500.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A"and"B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. ' IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the t5 day of7d= ` /, 2015 , after which time, if not accepted,this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This A reement shall be completed by no 'eater than 5:00 p.m. on or ^, before the` `" day ofseAttcg4 , 015. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 16. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer,any counter offer,notice of acceptance thereof,or any notice shall be deemed given and received,when hand delivered to the address for service provided herein or.where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)-374-8546 (For delivery of notices to Vendor) FAX NO. (905) 371-2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax(H.S.T.),then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T.,Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 4th day of August,2015.(Requisition Date)to examine the title to the property at his own expense and until the earlier of: (I)thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or: (ii)five days prior to completion,to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property,that its present use I-Institutional may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property. and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges,liens,and encumbrances except as otherwise specifically provided in this Agreement and save and except for(a)any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c)any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties;and(d)any easements for drainage,storm or sanitary sewers. public utility lines. telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued,or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive.this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title. Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract. survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion,is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain,a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12.INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge/Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge/Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser,Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22)of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount,if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non-resident of Canada. 17. ADJUSTMENTS: Any rents.mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT:Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act,R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde. and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction. and if the building is part of a multiple unit building,this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and/or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement(including any Schedule attached hereto)and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition,which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs.executors,administrators,successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of . 2015 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati, Mayor DATE Dean lorfida. City Clerk I. the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this '‘day of j w _ . 2015 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: TRUSTEES OF GRACE GOSPEL CHURCH, \ -zC /f. is v DATE dk /;3-- (Witness) (Trust-e) DATE 16r c�/`)� (Witness) (Trustee) 'fiYG� ;./ Page 4 of 7 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary; I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m./p.m.this day of .20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. TRUSTEES OF GRACE GOSPEL CHURCH THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Trustee) James M. Diodati, Mayor DATE DATE (Trustee) Dean lorfida, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905)356-7521 Purchaser's Lawyer: Kenneth L. Beaman Address:4310 Queen Street, P.O. Box 1023 Niagara Falls,Ontario, L2E 6X5 Tel. No. (905) 356-7521 FAX No. (905) 371-2892 Vendor's Address for Service: 5855 Valley Way Niagara Falls, ON L2E 1X9 Tel. No. (905) 354-2811 Vendor's Lawyer Kenneth B. Harris Address 4444 Drummond Road • Niagara Falls, ON L2E 6C6 Tel.No. (905)-374-2121 FAX No. (905)-374-8546 Page 5 of 7 SCHEDULE"A" 6 off f '§ 1 . 4 fi' ••A€- het ill ii 1 114114 1s ii6 -- 1 ,v,66o�.F5-2! ; l X5.5 $l,� �` awe n.nx.+'. a4 \._• o,nn,s�._ "' is asx Ie. 1 tlx ,i 7 1^ _.__ ARi S. W R .3 N Ig o R T ,. G_'m^R'� A.'—.-11 tzb: Ak "� P , PIN '.4318'''0001 {lT) 0�. PK ean,e..1 ii v,s —`•i6�i.r'N..1....4'fierm."ln •n q =_3'q T \+ ,`A141": -,M 59:.51..50 ,4 ' r — I ;fit, D " . / ;= ski a'qu• 54 4.P S)r S .. Z Z-' 5. IDA 417 ; a m s - Al 64* s 1 N=$ yc d 8g•I � .. vtlm y �0N 44 g SSA p3 fqe A Z .-v 2 SIP 7 9 O o c -?_.•-•'O4t -To ¢R R4R o Na I! 0 ° m a _ CSO 54 ig m Y g§,, 4 m a ...C, .,y,. Le 2 n 0''1. i � _Al-A # c. 5 £ o ._ G £ S D Ti J-. _ I 15 : © ; �J 4 c _ g4€4 g 'dr': II' A s..w.1 ,i ia t p4 A Mil 5 - r a to D _ M Y ' g 3 t W I e 3 1 Page 6 of 7 SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection. Part 1 Plan 59R-15143 =$2,500.00 B. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Purchaser will provide a raised barrier concrete curb along the easterly limit of the Vendor's driveway. Page 7 of 7 CITY OF NIAGARA FALLS By-law No. 2015- A by-law to prescribe standards for the maintenance and occupancy of property within the City of Niagara Falls. WHEREAS the Council of The Corporation of the City of Niagara Falls has in effect; an official plan enacted pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, that includes policies relating to the maintenance and occupancy of property within the City of Niagara Falls; AND WHEREAS Section 15.1(3) of the Building Code Act 1992; S.O. 1992, c .23 as amended; provides that a by-law may be passed by the Council of a Municipality which has an Official Plan in effect that includes provisions relating to property, to prohibit the occupancy or use of property that does not conform with the standards and to require property that does not conform with standards or the site be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition; AND WHEREAS Section 15.5(1) of the Building Code Act 1992, c O. 199 ' 23 as amended, provides for the establishment of a Property Standards committee; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c .25 as amended. provides a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it desirable to enact such a by-law to establish standards for the occupancy and maintenance of certain buildings and properties, so that Owners and occupancies provide minimum standards for persons who may live at, attend or otherwise be affected by the conditions of the buildings and properties; AND WHEREAS it is deemed necessary to enact a by-law prescribing minimum standards for the maintenance and occupancy of property, to adopt a set of administration procedures and to appoint a Property Standards committee; AND WHEREAS Section 35.3 of the Ontario Heritage Act, R.S.O. 1990. c. 0.18 as amended, provides that Council may, by by-law, prescribe minimum standards for the maintenance of the heritage attributes of property that has been designated by the municipality or the Minister; and require property that has been designated and that does not comply with the standards to be repaired and maintained to conform with the standards; AND WHEREAS Section 45.1 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18 as amended, provides that Council may, by by-law, prescribe minimum standards for the maintenance of the heritage attributes of properly situated in a designated heritage conservation district; and require property situated in a designated heritage conservation district that does not comply with the standards to be repaired and maintained to conform with the standards. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: City of Niagara Falls By-law 2015-Draft Property Standards By-law 2 SECTION 1 GENERAL PROVISIONS 1.1 SHORT TITLE 1.1.1 This by-law shall be known as the "Property Standards By-law". 1.2 DEFINITIONS 1.2.1 For the purpose of this by-law: (1) "accessory' when used to describe a use, a building or a structure, means a use, a building or a structure that is incidental, subordinate and exclusively devoted to a main use, a building or a structure, located on the same lot therewith and which not used or intended for use as a human habitation; (2) "Act" means the Building Code Act 1992, S.O. 1992, c.23 as amended; (3) "adequate" in respect to the provision of vital services at an occupied residential rental unit means that services are provided sufficient to allow for: (a) the refrigerating, freezing, preparing and cooking of food for human consumption; (b) the heating of the residential rental unit in accordance with the provisions of this by-law; (c) the washing of dishes and utensils used for food; • (d) the operation of a toilet; (e) the cleansing and bathing of human beings; and (f) the lighting of the unit. (4) "basement" means that portion of a building between two floor levels, which is below grade, but which has at least on half of its height from the finished floor to the finished ceiling above the average level of the adjoining ground and has a minimum height of 2.1m [6'-111 over at least 75% of its floor area; (5) "bathroom" means a room containing at least one toilet, one hand basin or lavatory and one bathtub or shower, or two rooms, which contain in total at least one toilet, one hand basin or lavatory and one bathtub or shower; (6) "bedroom" means a habitable room used by persons for sleeping purposes; (7) "building" means: (a) a structure occupying an area greater than then square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto; 3 (b) a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto; (c) plumbing not located in a structure; (d) a sewage system; or (e) structures designated in the Ontario Building Code. (8) "cellar" means that portion of a building between two floor levels which is partially or completely below ground and which has more than one half of its height from the finished floor to the finished ceiling below finished grade and has a minimum height of 2.1m [6'-111 over at least 75% of its floor area; (9) "Chief Building Official' means the Chief Building Official of The Corporation of the City of Niagara Falls; (10) "Cit/' means the municipality of the City of Niagara Falls; (11) "Committee" means the Property Standards Committee as established and continued by this by-law in accordance with Section 15.6 of the Building Code Act 1992, S.O. 1992, c .23, as amended; (12) "crawlspace" means that portion of a building between two floor levels, or between a floor level and the ground, which has a height over more than 75% of its area less than 2.1m [6'-111; (13) "dwelling unit" means a suite operated as a housekeeping unit, used or intended to be used by one or more persons usually containing cooking, eating; living, sleeping and sanitary facilities and shall include a building that would be considered a dwelling unit except for its state or repair, (14) "exit' means that part of a means of egress, including doorways, that leads from the floor area it serves to a separate building, an open public thoroughfare or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare. (15) "fire resistance rating" means the time in minutes or hours that a material or assembly or materials will withstand the passage of flame and the transmission of heat when exposed to fire under specified conditions of test and performance criteria, or as determined by extension or interpretation of information derived from that test and performance as prescribed in the Ontario Building Code; (16) "floor area" means the space on any storey of a building between exterior walls and required firewalls and includes the space occupied by interior walls and partitions, but does not include exits and vertical spaces that penetrate the storey; (17) "grade" means the average level of proposed or finished grade adjoining a building at all exterior walls; 4 (18) "guard" means a protective barrier with or without openings through it, that is around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways, or other locations to prevent accidental falls from one level to another; (19) "habitable room" means any room used or intended to be used for living, sleeping, cooking or eating purposes and without limiting the foregoing shall include den, library, sewing room, sunroom or recreational room or any combination thereof; (20) "heating system" means a device to convert fuel into energy and includes all components, controls, wiring, duct work, and piping required to be part of the device by the applicable standards referenced to in the Ontario Building Code; (21) "Ontario Heritage Acr means the Ontario Heritage Act, R.S.O. 1990, c. 0.18 as amended; (22) "heritage attribute" means: (a) the attribute(s) or feature(s) of property, buildings or structures that contribute to the property's cultural heritage value or interest that are defined or described or that can be reasonably inferred: (i) in a by-law designating a property passed under section 29 of the Ontario Heritage Act and identified as heritage attributes, values, reasons for designation, or otherwise; (ii) in a Minister's Order made under section 34.5 of the Ontario Heritage Act and identified as heritage attributes, values, reasons for designation, or otherwise; (iii) in a by-law designating a heritage conservation district passed under section 41 of the Ontario Heritage Act and identified as heritage attributes, values, reasons for designation or otherwise; or (iv) in the supporting documentation required for a by-law designating a heritage conservation district, including but not limited to a heritage conservation district plan, assessment or inventory, and identified as heritage attributes, reason for designation or otherwise. (23) "heritage property' means any real property including all buildings and • structures thereon, in the City of Niagara Falls that: (a) has been designated by the City under section 29 or by the Minister under 34.5 of the Ontario Heritage Act; or (b) is located within a heritage conservation district that has been designated by the City under section 41 of the Ontario Heritage Act. 5 (24) "kitchen" means a room equipped with a sink and equipped with electricity and necessary utilities suitable for the operation of a refrigerator and cooking stove; (25) "landlord" shall be as defined in the Residential Tenancies Act S.O. 2006, Chapter 17 as amended from time to time and any successor legislation to that Act; (26) 'means of egress" means a continuous, unobstructed path of travel provided by a doorway; hallway. corridor. exterior passageway. balcony. lobby. stair. ramp, or other facility or combination thereof provided for the escape of persons from a building, dwelling unit, floor area, contained open space or room to a public thoroughfare, street, lane, yard or other approved open space at grade level. Egress shall include exits and access to exits while elevators and windows which do not comply with the requirements of this by-law shall not be considered as acceptable means of egress; (27) "multiple dwelling" means a building containing three or more dwelling units; (28) "non-habitable room" means any room in a dwelling unit other than a habitable room and includes any bathroom, laundry, pantry, lobby, communicating corridor, stairway, closet, crawlspace, boiler room or other space for service and maintenance of the dwelling unit or the public use, or for access, or for vertical travel between storeys as well as basements and cellars or for the parts thereof which do not comply with the standards of fitness for occupancy as set out in this by-law; (29) "non-residential property' means a building or structure or part thereof of a building or structure not occupied or used in whole or in part for the purpose of human habitation and includes the lands and premises appurtenant thereto and all accessory buildings, outbuildings, steps, walks, walkways, driveways. parking spaces or erections thereon or therein, and includes vacant non- residential property; (30) "occupancy' means the use of intended use of a building or part thereof of a building for the shelter or support of persons, animals or property; (31) "occupant' means any person or persons over the age of 18 years in possession of the property; (32) "occupied"means the tenant is actively residing in the residential rental unit; (33) "Officer" means an Officer appointed by by-law and assigned the duties for enforcing and/or administering this by-law and shall also include a Building Inspector and the Chief Building Official; (34) "Ontario Building Code" means the regulation established through the Act and any amendments and/or alterations made under that Act; (35) "Order" means an Order made under the corresponding section(s) of this by- law; 6 (36) "Owner means" (a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if such land or premises were let, and (b) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of the property; (37) "person" means and includes an individual, firm, corporation, association or partnership and includes an occupant or an Owner of a property; (38) "potable water" means water that is fit for human consumption; (39) "property' means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out buildings and erections thereon whether heretofore or hereafter erected, and includes vacant lands. For the purpose of this by-law, property can be subdivided into the following categories; (a) Non-residential property; (b) Residential property; or (c) Vacant lands; (40) "repair" means the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standard established in this by-law; (41) "residential property" means any property that is designated for use, is used or is capable of being used as a dwelling unit or group of dwelling units and includes any land or buildings that are appurtenant to such establishment including but not limited to all steps, walks, driveways, parking spaces and yards; (42) "residential rental unit' means a building or part thereof that is rented to leased as a dwelling unit; (43) "room heater equipment' means a supplemental heating device other than the required primary heating system used to heat any room or space; (44) "sanitary sewage" means: (a) Liquid or water borne waste. (i) of industrial or commercial origin; or 7 (ii) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary, sink and laundry waste; or (b) liquid or water borne waste discharged from a public pool to a drain. (45) "sewage system" means a public sewer or private sewage disposal system; (46) "storey' means that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it: (47) "supplier of vital service" means a person who carries on the business of or whose business includes supplying a vital service to an end user, and includes: (a) Niagara Peninsula Energy Inc. for the provision of electricity; (b) Enbridge Inc. for the provision of natural gas; or (c) The Corporation of the City of Niagara Falls for the provision of water. (48) "system used for the distribution" includes all parts of a system owned or supplied by a landlord and located in a building for the purpose of supplying and distributing a vital service to a residential rental unit; (49) "tenancy agreement" means an agreement between a tenant and a landlord for possession of a residential rental unit, whether written, oral or implied, and includes a licence to occupy the premises; (50) "tenant" includes a person who is lessee, occupant, sub-tenant, under-tenant, border, roomer, and lodger and the person's assigns and legal representatives; (51) "toilet room" means a room containing a water closet or toilet; (52) "vacant lands" means property on which there are no buildings and / or having no established land uses; (53) "vital service" means fuel, electricity, gas, hot water, water and steam; (54) "yard" means land, other than publicly owned land, around and appurtenant to the whole or any part of a building or structure and used, intended to be used or capable of being used in connection therewith. 1.3 INTERPRETATION 1.3.1 In this by-law statutory references are to statutes of Ontario and the regulations made thereunder and shall be deemed to refer to such statutes and regulations as amended, consolidated, re-enacted and in force from time to time. 8 1.3.2 In this by-law the numbering system shall be referenced in accordance with the following: 1 section 1.1 subsection 1.1.1 article 1.1.1(1) sentence 1.1.1(1)(a) clause 1.3.3 This by-law shall be read with all changes of gender and number required by the context or circumstances. 1.4 APPLICATION 1.4.1 Every Owner of property situated within the City of Niagara Falls shall maintain such property to the applicable minimum standards prescribed by this by-law. 1.4.2 The Property Standards set forth in Section 2 of this by-law are hereby prescribed as the general minimum standards for the maintenance and occupancy of property. Section 2 applies to all properties in the City of Niagara Falls, regardless of property type or use. 1.4.3 In addition to the maintenance standards prescribed in Section 2 of this by-law, the Property Standards set forth in Section 3 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all residential properties in the City of Niagara Falls. 1.4.4 In addition to the maintenance standards prescribed in Section 2 of this by-law, the Property Standards set forth in Section 4 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all non- residential properties in the City of Niagara Falls. 1.4.5 In addition to the maintenance standards prescribed in Sections 2, 3 and 4 of this by- law, the Property Standards set forth in Section 5 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all heritage property in the City of Niagara Falls. 1.4.6 In addition to the maintenance standards prescribed in Sections 2, 3, and 4, and except for property subject to the provisions of Section 5 of this by-law, the Property Standards set forth in Section 6 of this by-law are hereby prescribed as the maintenance and occupancy standards to be applied specifically to all vacant lands, parking lots and demolitions in the City of Niagara Falls. 1.4.7 Where a building or property contains a mix or combination of uses as described above, the applicable standards as identified in this by-law shall apply in accordance with the section corresponding with the identified occupancy type. 1.4.8 Where references are made in this by-law to the Ontario Building Code and requirements or provisions therein, the regulation established in this by-law shall require conformance to the standard as set out in the Ontario Building Code for new 9 construction as of the date of any action taken by the City to enforce or administer this by-law, despite the age or installation date of the item being regulated. SECTION 2 PROPERTY STANDARDS — ALL PROPERTIES 2.1 MAINTENANCE OF YARDS AND EXTERIOR PATHS OF TRAVEL 2.1.1 No yard shall contain dilapidated, collapsed or partially constructed structures which are not currently under construction. 2.1.2 A hard surface walk shall be provided from every dwelling unit to the street, or to a hard surfaced driveway that connects to the street. 2.1.3 Every yard shall be kept clear of dead, decayed or damaged trees 2.1.4 All trees or parts thereof that have expired shall be removed or maintained in a condition which is not hazardous to persons expected to be on or about the property. 2.1.5 All hedges and brush shall be kept trimmed so as not to encumber or encroach upon private walks, driveways and exterior means of egress 2.1.6 Where an outdoor swimming pool is present on any property and is determined by an Officer to be abandoned, the Officer may cause the Owner of the outdoor swimming pool to make repairs or other requirements necessary to maintain the pool in proper working condition or to remove the outdoor swimming pool from the property. 2.2 DRAINAGE 2.2.1 All yards shall be provided and maintained with adequate surface water drainage, including suitable provisions for its disposal without causing erosion, so as to prevent recurrent ponding or the intrusion of water in any basement, cellar or crawlspace. 2.2.2 Roof drainage or discharge from a sump pump shall not be permitted to discharge to a sidewalk, stair, neighbouring property, street or sanitary sewer system. 2.3 RETAINING WALLS AND ACCESSORY STRUCTURES 2.3.1 All retaining walls and accessory buildings shall be kept in good repair and free from health and safety hazards and shall be protected by paint, preservative or other weather resistant material. 2.3.2 Every retaining wall or part thereof shall be structurally sound and maintained in that condition so that it has sufficient capacity to resist safely and effectively all loads and the effects of loads and influences that may reasonably be expected, having regard to its expected use and service life. 2.3.3 Every retaining wall or accessory building not maintained in accordance with these standards shall be repaired or removed in accordance with the provisions of this by- law. 10 2.4 PEST PREVENTION 2.4.1 All buildings shall be kept free of conditions that would permit or cause an infestation of rodents, vermin and insects. Methods used for exterminating rodents, vermin or insects shall be in accordance with the provisions of the Environmental Protect Act, the Pesticides Act and any other applicable regulations, acts or municipal by-laws. 2.4.2 Windows used or required for ventilation and every opening in an exterior wall, floor, • roof or foundation which could permit the entry of rodents, vermin and insects, shall he screened with wire mesh or such other material as will effectively exclude the same. 2.4.3 For the purpose of this subsection an infestation includes the presence of one rat or mouse, but excludes a domesticated mouse or rat and in the case of insects means the presence of a breeding population of insects, and in the case of wasps, hornets or bees includes the presence of any occupied nest on the interior or attached to the exterior of a dwelling unit. 2.5 STRUCTURAL SOUNDNESS 2.5.1 Every structural component in every building including but not limited to all studs, slabs, joists, rafters, trusses, joists, ties, sheathing, beams, and columns shall be of sound material and adequate for the load to which they are subject. 2.5.2 Every component that contributes to the structural stability of a building shall be maintained in a sound condition so as to: (1) be capable of sustaining safely its own weight and any additional load to which it normally may be subject; (2) be capable of safely accommodating all normal structural movements without damage, decay or deterioration; (3) prevent the entry of moisture that would contribute to damage, fungus, mold growth, decay or deterioration; (4) be capable of safely and adequately performing its function subject to all reasonable serviceability requirements; and (5) have a factor of safety as set out by the standards in the Ontario Building Code. 2.5.3 All exterior surfaces of buildings, structures and retaining walls including mobile structures and buildings, shall be of materials which resist deterioration by the weather or have resistance coating applied to them. 2.5.4 The exterior walls, chimneys, roofs and other parts of buildings, structures and retaining walls including mobile structures and buildings on the property shall be free from loose or insufficiently secured, rotten, warped or broken materials and objects. Such material and objects shall be removed, repaired or replaced. 11 2.6 FOUNDATIONS 2.6.1 The foundation walls and basement, cellar or crawlspace floors shall be maintained in good repair and be structurally sound. 2.6.2 Every basement, cellar, and crawlspace on a property shall be maintained in watertight conditions so as to prevent the leakage of water into the building. 2.6.3 Foundation walls of a building shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Maintenance includes the shoringof walls to prevent settling, installing subsoil drains where necessary at the footings, grouting masonry cracks, dampproofing and waterproofing of wails, joints and floors. 2.6.4 Every building, unless of concrete slab-on-grade design, shall rest upon full foundation walls or piers, and all footings, foundation walls, and piers shall be of concrete, masonry, wood, steel or other material acceptable for construction under the standards set out in the Ontario Building Code and shall be sound, reasonably plumb, level and adequate to carry the loads imposed on them. 2.7 EXTERIOR WALLS 2.7.1 Exterior walls and their components shall be maintained so as to prevent their deterioration. 2.7.2 For purposes of compliance with article 2.7.1, walls shall be so maintained, by the painting, restoring, cladding with an exterior finish or by repairing of the walls, coping or flashing by the waterproofing of joints and the walls themselves. 2.7.3 Exteriors of buildings shall be: (1) kept weather resistant through the use of caulking and other appropriate weather resistant materials; and (2) maintained to prevent their deterioration due to weather and rodents, insects or vermin and where necessary, shall be so maintained by the painting, restoring, or repairing of the walls, coping or flashing, by the waterproofing of joints and the walls themselves, by the installation of or repairing of weather tight finishing or the installation of termite shields if required. 12 2.7.4 Without limiting the generality of the foregoing, the weather tight finishing or an exterior wall shall include the following: (1) the application of a weather resistant material to all exterior wood and metal work; (2) the restoring, repairing or replacing of the exterior wall, brick and mortar. stucco lathing and plaster, cladding, coping and flashing; and (3) the waterproofing of the exterior walls and joints. 2.7.5 Ail exterior surfaces which have previously been covered with paint or other protective or decorative materials shall be maintained in good repair and the covering renewed when it becomes damaged or deteriorated. 2.7.6 All exterior flashing, ducts or other metal materials shall be kept free from rust by application of a suitable protective material such as paint, and shall be replaced when such application is impractical or ineffective. 2.7.7 Exterior walls and their components shall be repaired of vandalism or other damage, including defacements by paint, inscriptions or other markings as well as broken windows. 2.7.8 Exterior walls of a building or structure, and their components shall be maintained so as to be free of posters or advertisements; (1) which are for the giving of notice for an event that has already occurred, or where the message contained is not readable due to damage or deterioration to the poster or its content; or (2) which is loosened, dislodged, torn or otherwise in a condition that may permit them to detach and become litter; or (3) in accordance with the provisions of any municipal by-law regulating signage in the City of Niagara Falls. 2.8 ROOFS 2.8.1 All roofs including the fascia board, soffit, cornice and flashings shall be maintained in a watertight condition to prevent leakage of water into the building, where necessary by the repair of roofs and flashing and application of waterproofed coatings or coverings without the use of tarping unless authorized by the Chief Building Official. 2.8.2 All roofs shall be maintained: (1) free from loose or unsecured objects or materials: (2) free from excessive or dangerous accumulations of snow, ice or both; 13 (3) in a water tight condition so as to prevent the leakage of water into the building or structure; (4) free from conditions causing or contributing to leaks or being detrimental to the appearance of the buildings: (5) so that any roof decks and related guards are in good repair and structurally sound; and (6) free from all other safety. fire and health hazards. 2.8.3 Ali structural components of a roof shall provide adequate support for ail design loads and form a suitable base for the roof covering, and where the roof is subjected to a load for which it may be inadequate, the roof shall be cleared of the load to prevent collapse or structural damage. 2.8.4 Eavestrough, downspouts, roof drains and rain water leaders shall be installed and maintained in good repair to be: (1) watertight and free from leaks; (2) in good working order, and free from obstructions; (3) in a stable condition and shall be securely fastened to the structure: (4) kept free from rust by application of a suitable protective material such as paint, and shall be replaced when such application is impractical or ineffective; (5) installed in a manner to discharge water onto the ground away from the building, sidewalks or stairs and so not to negatively affect neighbouring properties; and (6) free from conditions which pose a health and safety hazard. 2.9 WALLS, CEILINGS AND FLOORS 2.9.1 Every wall, ceiling and floor in a building shall be maintained so as to be easily cleaned and shall be maintained in good repair and free of holes, cracks, loose covering or other defects which may create an unsafe condition or would permit flame, excessive heat or water, to enter the adjacent spaces. 2.9.2 Finished flooring in bathrooms, kitchens, public entrance halls, laundry and general storage areas shall consist of resilient flooring, felted-synthetic-fibre floor coverings, concrete, terrazzo, ceramic tile, mastic or other types of flooring providing similar degrees of water resistance. 2.9.3 Every basement, cellar and crawlspace shall have a floor of suitable material to ensure water drainage and to guard against the entry to vermin and pests. 2.9.4 Where walls, floors or ceilings form part of an assembly having and / or requiring a rating against fire or smoke; they shall be maintained in such a manner to preserve 14 the fire resistance rating as established by the standards set out in the Ontario Building Code. 2.9.5 Every building shall be constructed or otherwise separated to prevent the passage of smoke, flames, fumes, and gases from that part of the building which is not used, designed or intended to be used for human habitation into other parts of the building used for habitation. Such separations shall conform with the standards as set out in the Ontario Building Code. 2 9 6 Where a wall; floor or ceiling assembly would be required, if it were newly constructed, to have a fire resistance rating in accordance with standards as set out in the Ontario Building Code, fire dampers shall be installed in any ducting which penetrates such an assembly in a manner that would maintain the standard for fire resistance rating of the subject assembly. 2.9.7 Any door installed in a wall assembly that would be required, if it were newly constructed, to have a fire resistance rating in accordance with the standards as set out in the Ontario Building Code, shall possess the stipulated fire protection rating as set in the standards established by the Ontario Building Code for doors installed in such assemblies. 2.10 DOORS AND WINDOWS 2.10.1 Exterior doors, windows, skylights, doors, or hatchways including storm and screen doors and storm windows shall be maintained in good repair and weather tight and shall be free from: (1) rotten or defective members; (2) defective hardware; (3) torn or damaged screens; (4) defective weatherstripping or caulking; (5) defective storm or screen doors; (6) defective frames, casings and sashes; and (7) missing or broken glass. 1 2.10.2 All doors installed to repair or replace existing doors shall meet the provisions and standards as set out in the Ontario Building Code. 2.10.3 All exterior openings for doors and windows shall be fitted with suitable doors or windows, or shall be filled in with an assembly conforming with the requirements of the exterior wall in which the opening exists. 2.10.4 All doors, door frames, windows, window frames, sashes, casings, and associated caulking and weatherstripping that have been damaged or show evidence of rot or deterioration shall be sealed, repaired, replaced and I or painted. 15 2.11 STAIRS, BALCONIES, PORCHES AND OTHER PLATFORMS 2.11.1 Every interior or exterior stair, porch, balcony or landing available for use shall be properly and safely anchored to their structural support and maintained in good repair so as to be free of holes, cracks or other defects constituting possible safety hazards. All treads, risers and / or supporting structure that show excessive wear, are broken, warped or loose, are rotten or deteriorated shall be repaired or replaced. 2.11 .2 The slope of treads shall not exceed 1 in 50. 2.11.3 So as to provide protection against accident or injury; handrails, balustrades and guards shall be installed and maintained in good repair to the standard to which they were legally built or to the standard set out in the Ontario Building Code where so required at the discretion of the Chief Building Official. 2.11.4 Every porch, balcony, landing, raised floor, mezzanine, gallery, raised walkway or roof to which access is provided for other than maintenance purposes, shall be protected by guards on all open sides where the difference in elevation between adjacent walking surfaces exceeds 600mm [23"1, and every exterior stair with more than three (3) risers shall be protected with guards on all open sides where the difference is elevation between the adjacent ground level and the stair exceeds 600mm [23"]. 2.11.5 Except for existing guards that have been maintained in good condition and are minimum height of 900mm [33"], all guards, including those that are required to be replaced due to their deteriorated condition or to be installed to conform to article 3.2.1, shall be constructed to meet the standards as set out in the Ontario Building Code and all such guards shall be maintained in good repair at all times. 2.12 PLUMBING AND SEWAGE 2.12.1 Where a plumbing system is installed it shall be maintained in good working order and free from leaks and defects. 2.12.2 Every plumbing fixture in a plumbing system shall be connected to a sewage system through water seal traps. 2.12.3 All water supply pipes and appurtenances thereto shall be protected from freezing. 2.12.4 Sanitary sewage shall be discharged into the municipal sanitary sewer where such a system is available, and where a municipal sanitary sewer is not available, the sewage shall be disposed of in a manner that meets the standards as set out in the Ontario Building Code for private on-site sewage systems. 2.13 ELECTRICAL AND LIGHTING 2.13.1 In every building, electrical wiring, conduit, and all other systems or devices associated with the electrical services shall be in compliance with and maintained according to the regulations made by the Electrical Safety Authority pursuant to the Electricity Act. S.O. 1998, c.15, as amended. 16 2.13.2 All fuses, breakers, or circuits relate to the electrical system shall not be used in a manner that would exceed the limits established for the related device or system by the Electrical Safety Authority. 2.13.3 The interior and exterior lighting that is visible on the exterior of any building shall be placed and maintained, or have a barrier or shade placed and maintained so as to prevent or block direct illumination of the interior of a dwelling unit on adjacent property regardless of whether such dwelling unit has or may have interior window coverings except for: (1) lighting located by a road authority; (2) lighting located on property owned or occupied by a municipal, provincial or federal government or authority; (3) light fixtures used in conjunction with commercial, industrial, institutional, agricultural or recreational uses that shall to be turned off at any time the use is not actually being conducted, but may require the redirection, movement or the placing of shades or barriers to comply with the standards established in this subsection; (4) illuminated outdoor advertising signage that may be turned off at any time the business is not open to the public, but may require the redirection, movement or the placing of shades or barriers to comply with the standards established in this subsection; or (5) lighting fixtures used to illuminate any area for emergency, security or public safety purposes that may be turned off any time the illumination is unnecessary for the purposes, but may require the redirection, movement or the placing of shades or barriers to comply with the standards of this subsection. 2.13.4 If exterior lighting is provided for exterior steps, walks, loading docks, ramps, parking spaces, driveways and similar areas of a yard of a property, the exterior lighting and their supports and connections thereto shall be maintained and kept in a safe condition, in good repair and in good working order to provide adequate light. 2.13.5 Without limiting the generality of the foregoing, for the purposes of determining adequacy of lighting levels for compliance with this by-law, minimum lighting levels shall meet or exceed the levels listed below for the areas identified. Minimum Lighting Minimum Illumination Power Density Room or Space Ix ( ) (W/m2 of floor area) storage rooms and garages 50 5 service rooms and laundry 200 20 areas bathrooms 100 10 17 Minimum Lighting Room or Space Minimum(11Ixurination Power Density (W/m2 of floor area) hallways, stairways, exits, public corridors and corridors 50 5 providing access to exit for the public 2.14 HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS 2.14.1 Any heating, ventilation and/or air conditioning system and all associated mechanical equipment, piping, ducting and other accessory equipment to such systems shall be installed, operated and maintained: (1) in good working order; (2) to prevent the ingress of smoke or gases into the building; (3) free from any conditions that would cause any associated devices from generating noise levels beyond that of the acceptable standard in place when the unit was installed; (4) in a safe mechanical and / or electrical condition free from unsafe conditions; and (5) to meet the standards as set out in the Ontario Building Code and any other applicable standard or regulation. 2.14.2 A heating appliance shall not be located in corridors, hallways or other means of egress. 2.14.3 Except in the event of an emergency, no occupied building shall be equipped with room heater equipment as the primary source of heat. 2.14.4 No room heater equipment shall be placed: (1) so as to constitute a fire hazard to walls, window coverings or furniture; (2) so as to impede free movement of persons in the dwelling unit; and (3) in such location that nearby combustible materials or structural members exceed a safe temperature. 2.14.5 All heating and cooking apparatus or equipment involving combustion shall be properly connected, by rigid and permanently sealed connections: (1) to a chimney or flue which provides sufficient outlet for the escape of noxious gases; and (2) to the fuel supply line. 18 2.14.6 Any fuel burning heating equipment used in any building shall be properly vented to outside air by means of a Canadian Standards Association (CSA) approved or Ontario Building Code compliant smoke pipe, vent pipe or chimney. 2.14.7 Where a heating system or part thereof, or any auxiliary heating system, burns solid or liquid fuel, a place or receptacle for the storage of the fuel shall be provided and maintained in a convenient location and properly constructed so as to be free from fire, health and safety hazards. 2.14.8 Air conditioners shall be equipped with adequate devices for the prevention of condensation drainage on to entrance areas, sidewalks, pathways or public spaces. 2.14.9 Cooling water from water-cooled equipment shall not be discharged onto driveways, walkways or other areas used for pedestrian or vehicular traffic, or in such manner that it may cause damage to the walls, foundations or other parts of a building. 2.14.10 The discharge of cooling water from all water-cooled equipment shall be made to a proper drainage system and shall be connected in accordance with all applicable regulations or standards. • 2.15 FIREPLACES AND CHIMNEYS 2.15.1 Fireplaces and similar devices or appliances used or intended to be used for the burning of fuel, shall be connected to an approved chimney, smoke pipe, flue or gas vent and shall be installed so that combustible material and structural members in proximity to the unit are not heated beyond safe temperatures. 2.15.2 Fireplaces and similar devices or appliances used or intended to be used for the burning of fuel, shall be provided with and capable of drawing a sufficient amount of combustion air. 2.15.3 Any device identified in article 2.15.1, shall be installed in accordance with the provisions of the manufacturer's specifications and installation instructions and/or shall meet the standards as set out in the Ontario Building Code for newly installed / constructed fireplaces. 2.15.4 Every chimney, smoke pipe, flue and gas vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members beyond safe temperatures. 19 2.15.5 Every chimney, smoke pipe, flue and gas vent in use or available for use in any building shall be: (1) installed in accordance with the manufacturer's specifications; (2) installed and maintained to prevent the escape of smoke or gases into the dwelling unit; (3) free of obstructions; (4) free from open joints; and (5) in good repair. 2.16 VENTILATION 2.16.1 Where a system of mechanical ventilation is provided, all components including but not limited to ducting, intake and exhaust shall be installed to meet the standards as set out in the Ontario Building Code and Jviu i good engineering practices. . 2.17 SERVICE ROOMS 2.17.1 Any space that contains a heating unit shall have natural or mechanical means of supplying air by ventilation ducts from the exterior in such quantities as required by the heating unit for combustion to maintain operation of the unit in accordance with the manufacturer's specifications. 2.17.2 In every building with a common heating system, such system shall be located in a separate room, having floors, walls, ceilings, and doors constructed with a fire resistance rating to meet the standards as set out in the Ontario Building Code. 2.17.3 Any service room that contains fuel burning appliances shall not be used for the storage of fuels or any other such material and shall be kept clear of all garbage, debris and rubbish. 2.18 BATHROOM OR TOILET ROOM FACILITIES 2.18,1 All bathrooms and toilet rooms shall be fully enclosed and shall have a door capable of being closed so as to provide privacy for the occupant of the room. 2.18.2 A lavatory or hand wash basin shall be provided in the same room as each toilet or in an adjoining bathroom provided that a kitchen sink shall not be considered a hand wash basin for the purpose of this article. 20 2.19 KITCHEN FACILITIES 2.19.1 Every kitchen shall be equipped with: (1) a kitchen sink that: (a) is provided with a potable cold and hot water supply; and (b) is maintained in a state of good repair. (2) when equipped with a refrigerator, cooking or other appliance, such appliance shall be maintained in good repair and good working order; (3) have a clear space above any exposed cooking surface of a cooking appliance of at least 0.6m [24"]; (4) without effecting the requirements of sentence 3.9.2(3) or article 4.8.1, have space sufficient to accommodate a cooking range or countertop-cooking unit, beside or in the countertop and without placing the device in a doorway or means of egress. 2.20 MEANS OF EGRESS AND EXITS 2.20.1 Every building shall have a safe, continuous and unobstructed passage from the interior of the building to the exterior at the street or grade level to meet the standards as set out in the Ontario Building Code. 2.20.2 Every means of egress and exit shall be maintained in good repair and free of objects, obstructions or conditions which may constitute a health or safety hazard. 2.21 ELEVATING DEVICES 2.21.1 Where an elevating devices is provided the elevating device including; all parts, lighting fixtures, lamps, elevator buttons, floor indicators and ventilator fans shall be maintained in good repair and be operational. 2.21.2 Article 2.21.1 does not require the installation of an elevating device where one does not already exist but does require that any building currently possessing an elevating device continue to have such device maintained in accordance with the standards so provided. 2.21.3 All elevating devices shall be approved for use through the issuance of an Ontario Elevating Device Licence in accordance with the standards set out and administered by the Technical Standards and Safety Act(TSSA). 21 SECTION 3 SUPPLEMENTAL STANDARDS — RESIDENTIAL PROPERTIES 3.1 DOORS AND WINDOWS 3.1.1 In every dwelling unit at least one entrance door shall be capable of being locked from both the interior and exterior of the dwelling unit but readily openable from the interior of the dwelling unit without the use of keys or tools. 3.1.2 Notwithstanding the requirements of article 3.1.1, any exterior doors or windows intended to be opened shall be equipped with hardware capable of being locked or otherwise secured from the interior of the building, however they shall be capable of being readily opened from the interior without the use of keys. 3.1.3 In any building of a multiple dwelling residential property protection shall be provided at windows to minimize potential health and safety hazards in accordance with the following: (1) fixed windows within dwelling units that extend to less than 1 m [3'-3"] from the floor shall be protected by a guard at least lm [3'-3"] above the floor, or shall be designed to withstand the lateral design loads for balcony guards to meet the standards as set out in the Ontario Building Code. (2) Except as provide for in sentence (4), in a dwelling unit any window located more than 2m [6'-7"] above grade that opens within 1.5m [4'-111 of the floor shall be protected by: (3) A guard meeting the standards as set out in the Ontario Building Code: (4) A controlled sash operation to restrict, when engaged, the opening of the operable sash to not more than 0.1m [4"], and a heavy duty screen the standards for such screens as set out in the Ontario Building Code; or (5) By an alternative device that does not reduce the degree of safety provided by clauses (a) or (b). (6) Protection of a window need not be provided in a dwelling unit where an exterior balcony is constructed for the full length of a window. (7) In any multiple dwelling residential property building where there is a voice communication unit which works in conjunction with a security locking and release system controlling a particular entrance area, they said system shall be maintained in good working order at all times. 3.1.4 Doors between a dwelling unit and public hallways and/or common spaces shall be installed to meet the standards for such doors as set out in the Ontario Building Code. 3.1.5 Every window in a dwelling unit designed to be opened shall be fitted with appropriate screens to prevent the ingress of rodents. vermin and insects and the screens shall be maintained in good repair. 22 3.1.6 Except as required by article 3.12.1, the minimum window glass area for rooms in dwelling units shall conform with the following table: Minimum Unobstructed Glass Area Location With No Electric Light With Electric Light laundry, basement recreation 4% of area served windows not required room, unfinished basement bathroom, toilet room 0.37m [4ft ] windows not required kitchen 10% of area served windows not required Living room and dining room 10% of area served 10% of area served bedroom and other finished 5% of area served 5% of area served rooms not mentioned above 3.2 STAIRS, BALCONIES, PORCHES AND OTHER PLATFORMS 3.2.1 Handrails shall be installed and maintained in good repair on all stairs within dwelling units that have more than two (2) risers and on all other stairs having more than three (3) risers. 3.2.2 Handrails shall be located between 810mm [32"] and 920mm [36"] measured vertically above a line drawn through the outside edges of stair nosings. 3.2.3 Handrails shall be provided on both sides of stairs where the width of the stairs is greater than 1100mm [43"]. 3.2.4 Risers within any one flight of stairs shall have a uniform height with a maximum tolerance of: (1) 5mm [3/16"] between adjacent treads or landings; and (2) 10mm [3/8"] between the tallest and shortest risers in a flight. 3.2.5 Notwithstanding the provisions of article 3.2.4, where the top or bottom riser in a stair adjoins a sloping finished walking surface such as a garage floor, driveway or sidewalk, the height of the riser across the stair shall vary by not more than 1 in 12. 3.2.6 Treads shall have uniform run with a maximum tolerance of: (1) 5mm [3/16"] between adjacent treads; and (2) 10mm [3/8"] between the deepest and shallowest treads in a flight. 3.2.7 Every multiple dwelling residential building shall have all unenclosed balconies, porches, interior or exterior hallways, stairways or common areas kept free of garbage, debris, furniture or appliances, except that outdoor furniture is permitted on a balcony or porch. 23 3.3 PLUMBING AND SEWAGE 3.3.1 Every dwelling unit shall be provided with an approved supply of potable water from at least one of the following sources in accordance with the Clean Water Act: (1) a municipal drinking water system; (2) a communal drinking water system; or (3) a private water source. 3.3.2 Every dwelling unit shall be provided with a sanitary drainage system that is connected to: (1) a public sanitary sewer; or (2) a private sewage disposal system. 3.3.3 Where a public sanitary sewer connection is available for use by the property, a private sewage disposal system shall be prohibited from use and connection to the public sanitary sewer must be made. 3.3.4 Every dwelling unit shall contain plumbing fixtures in good repair and in operative condition, consisting of a minimum of: (1) one (1) kitchen sink; (2) one (1) water closet; (3) one (1) hand wash basin; and (4) one (1) bathtub or shower. 3.3.5 Every sink, wash basin, lavatory, bathtub or shower required by this by-law to be installed and maintained in a dwelling unit shall have an adequate supply of both hot and cold water with a flow and pressure sufficient for the intended use of the fixture. 3.3.6 Every toilet required by this by-law to be installed and maintained in a dwelling unit shall have an adequate supply of cold water. 3.3.7 The maximum temperature of hot water supplied to any plumbing fixture, except for installed dishwashers and clothes washers, in any dwelling unit shall be 49°C [120°F]. 3.3.8 A toilet or urinal shall not be located within a dwelling unit in a room used for: (1) the preparation, cooking, storing or consumption of food; or (2) sleeping purposes. 24 3.4 ELECTRICAL AND LIGHTING 3.4.1 Where electrical services are available, every dwelling unit shall be: (1) connected to an approved electrical supply system; and (2) wired to receive electricity. 3.4.2 Every habitable room in a dwelling unit shall have at least one electrical duplex receptacle for each 11.1 m2 of floor space and one additional duplex receptacle for each additional 9.3 m2 of floor area. 3.4.3 Every dwelling unit shall be equipped with an illuminating device capable of providing an adequate level of illumination in every bathroom, laundry room, hallway, stairway, service room. 3.4.4 Every dwelling unit shall be equipped with an illuminating device capable of providing a level of illumination of 10 lx for every exterior entrance doorway. 3.5 HEATING AND COOLING SYSTEMS 3.5.1 Every dwelling unit shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than: (1) 22°C [72°F] in all habitable rooms and interior living spaces (excluding attached garages); (2) 22°C [72°F] in unfinished basement spaces; and (3) 15°C [59°F] in heated crawlspaces. 3.5.2 The indoor air temperatures specified in article 3.5.1 are to be maintained between the 15th day of September of one year and the 31st day of May the following year, unless otherwise specified by the Chief Building Official. 3.5.3 For the purpose of article 3.5.1, heat shall be provided and maintained so that the room temperature at 1.5m [5'] above the floor and 1 m [39"] form the exterior walls in all habitable rooms and in any area intended for use by occupants including bathrooms, toilet rooms, laundry rooms but excluding unheated spaces such as enclosed porches, sunrooms and garages, is the minimum specified temperature. 3.6 VENTILATION 3.6.1 In every dwelling unit, all habitable rooms, bathrooms and toilet rooms shall have adequate ventilation, either by natural or mechanical means to the standards set out in the Ontario Building Code. 3.6.2 Every basement, cellar and unheated crawlspace shall have venting provided to a size greater than or equal to 0.2% of the floor area served. 25 3.6.3 Every attic shall have venting provided to a size greater than or equal to 0.3% of the insulation ceiling area served. 3.6.4 Venting provided to comply with the requirements of articles 3.6.2 and 3.6.3 shall be designed and maintained to prevent the ingress of snow, rain, rodents, vermin and insects. 3.7 BATHROOM AND TOILET ROOM FACILITIES 3.7.1 The wail finish in every bathroom shall be water resistant in specified areas to minimum heights as follows: (1) 1.8m [5'-11"] above the floor in a shower stall; (2) 1.2m [3'-11"] above the rims of bathtubs equipped with showers; and (3) 0.4m [15 3/4"] above the rims of bathtubs not equipped with showers. 3.7.2 All bathrooms and toilet rooms shall be located withii i ai and a,t.caoible from within the dwelling unit and all bathrooms and toilet rooms shall be maintained in a good state of repair. 3.7.3 Where a dwelling unit contains rooms intended to be used in conjunction with a rooming house or lodging house, the occupants may share a single bathroom provided that: (1) Not more than nine (9) person occupy the dwelling unit; (2) For each additional nine (9) persons or part thereof, there shall be an additional toilet, hand wash basin, bathtub or shower; and (3) Access to the bathroom can be gained without passing through: (4) a habitable room of another dwelling unit; or (5) an open area, which is not normally heated during the period of the year which heat is required by article 2.15.3 of this by-law. 3.8 KITCHEN FACILITIES 3.8.1 Every dwelling unit shall be provided with a kitchen. 3.8.2 Every kitchen shall contain an area equipped with: (1) be equipped with a source of energy and necessary utility outlets suitable for the operation of a refrigerator and a cooking appliance; (2) have a work surface of at least 0.74m2 [5ft2] which is impervious to water and 1 grease and is easily cleanable; 26 (3) have cupboards, pantry or storage space for the storage of food, dishes, and cooking utensils, having an interior capacity of at least 0.8m3 [30ft3], of sufficient design that when loaded the cupboards and pantry will not collapse, and secured in such a manner that when loaded they will not tip or become detached from the wall to which they cupboards or pantry may be otherwise secured; and (4) a hood fan ventilator located above the cooking surface of a cooking apparatus. 3.9 BEDROOM FACILITIES 3.9.1 Except as provided in articles 3.9.2 and 3.9.3, bedrooms in dwelling units shall have an area not less than 7m2 [75ft2] where built-in cabinets are not provided and not less than 6m2 [65ft2] where built-in cabinets are provided. 3.9.2 Except as provided in article 3.9.3, at least one bedroom in every dwelling unit shall have an area of not less than 9.8m2 [105ft2] where built-in cabinets are not provided and not less than 8.8m2 [95ft2] where built-in cabinets are provided. 3.9.3 Bedroom spaces in combination with other spaces in dwelling units shall have an area not less than 4.2m2 [45ft2]. 3.10 GARAGES 3.10.1 Every garage attached to a dwelling unit shall be so maintained as to prevent gas, fumes and carbon monoxide from entering the area of the dwelling unit. 3.10.2 Gas proofing of the garage is to be done to the standards as set out in the Ontario Building Code. 3.11 ACCESS TO ENCLOSED SPACES 3.11.1 An access opening no less than 0.55m [22"] by 0.7m [28"] shall be provided to every crawlspace or other enclosed space, and every attic and roof space exceeding 0.6m [2'] in height. 3.12 MEANS OF EGRESS AND EXITS 3.12.1 Except where a door on the same floor level as any bedroom provides direct access to the exterior, every floor level containing a bedroom in a dwelling unit shall be provided with at least one (1) outside window that, (1) is openable from the interior without the use of tools; (2) provides an individual, unobstructed open portion having a minimum area of 0.35m2 [3.8 ft2] with no dimension less than 0.38m [15".]; (3) maintains the required opening described in sentence (2) without the need for additional support; 1 27 (4) when a sliding window is used to provide glazing area in conformance with article 3.2.6, the minimum dimension described in sentence (2) shall apply to the openable portion of the window; and (5) where a window required by article 3.1.6 opens into a window well, a clearance of not less than 0.55m [21"] shall be provided in front of the window and any protective enclosure installed over the window well shall be openable from the inside without the use of keys, tools, or special knowledge or opening the mechanism. 3.12.2 In every multiple dwelling residential property building exits and means of egress hall be provided to the standards as set out in the Ontario Building Code. 3.13 OCCUPANCY STANDARDS 3.13.1 No person shall use or permit the use of a non-habitable room for use as a habitable room. 3.13.2 Every living room, dining room, or kitchen of a dwelling unit shall have a clear ceiling height of 2.3m [7'-7"] over at least 75% of the required floor area with a clear height of 2.1m [6'-111 at any point over the required area. 3.13.3 Every bedroom of a dwelling unit shall have a clear ceiling height of 2.3m [7'-7"] over at least 50% of the required floor area or a height of 2.1m [6'-111 over all of the required floor area. Any part of the floor having a clear height of less than 1.4m [4'- 7"] shall not be considered in computing the required floor area. 3.13.4 Every bathroom or toilet room shall have a clear ceiling height of 2.1m [6'-111 in any area where a person would normally be in a standing position. 3.13.5 Every passage, hall, main entrance vestibule or other finished rooms other than those in basements or those specified in articles 3.13.2, 3.13.3; or 3.13.4 shall have a clear ceiling height of 2.1m [6'-111. 3.13.6 The number of occupants of a dwelling unit residing on a long term basis in an individual dwelling unit shall not exceed 2 persons for every bedroom. 3.13.7 In a dwelling unit, a hallway, passage way or vestibule shall not be classified as a habitable room nor can it be used as a bedroom. 3.14 ELEVATING DEVICES 3.14.1 A multiple dwelling residential property building that is more than three storeys but not more than six storeys in building height and which has an elevating device for the use of the occupants shall have at least one elevating device operable except for such reasonable time as may be required for repair or replacement. 3.14.2 A multiple dwelling residential property building which has an elevator or elevators in accordance with the standards established by the Ontario Building Code for the use 28 of occupants shall have all elevators maintained and operable except for such reasonable times as may be required for repair or replacement. 3.14.3 In the event of a conflict with the Elevating Devices Act, R.S.O. 1990, c. E. 8, the regulations passed under such act, both as amended, or an Order issued under that Act, the Act, regulation or Order prevails over this by-law to the extent of the conflict. 3.15 GARBAGE DISPOSAL 3.15.1 No Owner of a multiple dwelling residential property or an occupant thereof shall disconnect, shut off, remove or otherwise discontinue, or cause or permit the disconnection, shutting off, removal or discontinuance of any garbage and refuse chute, garbage and refuse storage room, or exterior garbage and refuse storage container except when such action is necessary in order to safely make repairs, replacements or alterations thereto, and then only during the reasonable minimum time that such action is necessary. • 3.15.2 Where it is not practical to maintain garbage chutes operational because compactors are not able to be installed, the garbage and refuse chutes need not be maintained operational at all times if an alternate method readily accessible to all occupants is provided and maintained as follows: (1) a garbage storage area is provided on each floor of the building; (2) the occupants are not required to deliver garbage to the ground floor, basement or parking lot of the building; and (3) the Owner of the building provides a daily collection procedure from each floor and delivers the garbage to appropriate receptacles. SECTION 4 SUPPLEMENTAL STANDARDS — NON-RESIDENTIAL PROPERTIES 4.1 MAINTENANCE OF WALKS 4.1.1 Steps, walks, and similar areas of the yard shall have a stable, dust free surface and shall be maintained so as to afford safe passage, under use and weather conditions. 4.2 SIGNS 4.2.1 All signs and billboards shall be maintained in good repair. Any sign which is excessively weathered or faced and those upon which the paint has been excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair. 4.3 EXTERIOR FEATURES 4.3.1 All canopies, marquees, awnings, stairways, fire escapes, stand pipes, exhaust ducts and similar overhead extensions which may be affixed or adjacent to an exterior wall shall be: 29 (1) maintained in good repair, (2) properly anchored to the building and constructed to meet the standards for such extensions as set out in Ontario Building Code; and (3) protected from the elements and against decay and rust by the periodic application of a weather resistance coating such as paint or other protective treatment. 4.4 ELECTRICAL AND LIGHTING 4.4.1 In addition to the requirements of article 2.13.1, all non-residential buildings shall be connected to an electrical supply system that is adequate to supply the necessary electrical power for the intended use and shall be available at all times during the occupancy of the building. 4.5 HEATING AND COOLING SYSTEMS 4.5.1 Any non-residential building, except for those of industrial occupancy, shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than 21°C [70°F] during normal working hours. 4.5.2 For the purpose of article 4.5.1, heat shall be provided and maintained so that the room temperature at 1.5m [5'] above the floor and 1m [39"] from the exterior walls in all rooms and spaces as described and in any area intended for use by occupants including bathrooms but excluding unheated spaces such as enclosed vestibules, storage rooms and garages, is the minimum specified temperature. 4.5.3 Where combustible materials are stored in a basement, the fuel-burning heating system shall be enclosed in accordance with article 4.5.4. 4.5.4 Where a fire separation would be required by the standards set out in the Ontario Building Code, the fuel burning central heating system shall be enclosed and or separated from the rest of the building which it serves by assemblies including but not limited to walls, floors, ceiling and doors with a fire resistance rating of not less than those identified in the standards as set out in the Ontario Building Code. 30 4.6 VENTILATION 4.6.1 Every room in which people work shall be provided with an opening or openings for natural ventilation that shall: (1) have a minimum aggregate unobstructed free floor area of 0.28m2 [3ft2]; and (2) be located in an exterior wall or roof. 4.6.2 The opening for ventilation required by Article 4.6.1, may be omitted where a system of mechanical ventilation capable of exchanging the volume of air in the area served once every hour is provided for the space. 4.6.3 Every basement, cellar or unheated crawlspace shall be adequately vented to the outside by means of openings with an area of not less than 1% of the area served for basements and cellars, and 0.9m2 [1ft2] for unheated crawlspace areas. 4.6.4 An opening required in article 4.6.3 shall be screened to prevent the entry of insects, rodents or vermin. 4.6.5 An opening for ventilation required in article 4.6.3, may be omitted where a system of mechanical ventilation capable of exchanging the volume of air in the area served once every hour is provided for the space. 4.7 BATHROOM OR TOILET ROOM FACILITIES 4.7.1 The wall and ceiling finish in every bathroom or toilet room shall be provided with a smooth surface and where paint is used as the surface finish, it shall be maintained as is necessary for cleanliness. 4.7.2 Every bathroom or toilet room shall be naturally vented to the outside by means of openings with an area of not less than 0.9m2 [1ft2]. 4.7.3 An opening for ventilation required in article 4.7.3, may be omitted where a system of mechanical ventilation exhausting the air to the exterior of the building is provided. 4.7.4 Where mechanical ventilation is provided to satisfy the requirement of article 4.7.4, the provisions of article 2.16.1 shall apply. 4.8 KITCHEN FACILITIES 4.8.1 Where a kitchen is provided it shall contain an area equipped with appropriate cupboards, pantry or storage space for the storage of food, dishes, and cooking utensils, of sufficient design that when loaded the cupboards and pantry will not collapse, and secured in such a manner that when loaded they will not tip or become detached from the wall to which they cupboards or pantry may be otherwise secured. 31 SECTION 5 SUPPLEMENTAL STANDARDS — HERITAGE PROPERTY 5.1 MINIMUM MAINTENANCE STANDARDS 5.1.1 In addition to the minimum standards for the maintenance and occupancy of property in the City as set out in this by-law, the Owner or occupant of any heritage property shall: (1) maintain, preserve and protect the heritage attributes so as to maintain the heritage character, visual and structural heritage integrity of the building or structure; and (2) maintain the property in a manner that will ensure the protection and preservation of the heritage attributes and values 5.1.2 The minimum maintenance standards as set out above for heritage property shall also apply to the elements, features or building components including roofs, walls, floors, retaining walls, foundations and independent interior structures and structural systems that hold up, support or protect the heritage values and attributes and without which the heritage values and attributes may be at risk. 5.2 REPAIR AND REPLACEMENT OF HERITAGE ATTRIBUTES 5.2.1 Despite any other provision of this by-law, where a heritage attribute of a heritage property can be repaired, the heritage attribute shall not be replaced and shall be repaired: (1) in a manner that minimizes damage to the heritage values and attributes; (2) in a manner and technique that maintains the design, colour, texture, grain or other distinctive features of the heritage attribute; (3) using the same types of material as the original and in keeping with the design, colour, texture, grain and any other distinctive features of the original, and (4) where the same types of material as the original are no longer available, using alternative materials that replicate the design, colour, texture. grain or other distinctive features and appearance of the original material. 5.2.2 Despite any other provision of this by-law, where a heritage attribute of a heritage property cannot be repaired, the heritage attribute shall be replaced: (1) using the same types of material as the original; (2) where the same types of material as the original are no longer available, using alternative materials that replicated the design, colour, texture, grain or other distinctive features and appearance of the original material; and (3) in such a manner as to replicate the design, colour, texture, grain and other distinctive features and appearance of the heritage attribute. 32 5.3 CLEARING AND LEVELLING OF HERITAGE PROPERTIES 5.3.1 Despite any other provision of this by-law, or the Act, no building or structure identified as a heritage property may be altered or cleared, including but not limited to removed, demolished or relocated except in accordance with the Ontario Heritage Act. 5.4 VACANT HERITAGE PROPERTIES 5.4.1 Notwithstanding the requirements of article 6.2.2, the Owner of a vacant heritage property shall protect the building and property against the risk of fire, storm, neglect, intentional damage or damage by other causes by effectively preventing the entrance to it of all animals and unauthorized persons and by closing and securing openings to the building with boarding: (1) installed from the exterior and properly fitted in a watertight manner to fit within the side jambs, head jamb and the exterior bottom sill of the door or window so that any exterior trim remains uncovered by the boarding; (2) using boards at least 19mm [3/4"] weatherproofed sheet plywood or metal secured with nails or screws in a manner that minimizes damage to the • heritage attributes or secured using long carriage bolts anchored into horizontal wooden bracing on the inside face of the windows where the opening is not impeded by existing glazing; (3) in the case of window openings, all boards used shall be painted in a manner to reflect the panes of glass, window frames and muntins that were or are found on the window that is being boarded over. The panes of glass shall be painted in matte black and the window frames and muntins shall be painted in a colour that matches that of the original window; (4) in the case of door openings, all boards used shall be painted in a manner to reflect the panes of glass, frames and muntins that were or are found on the door that is being boarded over. The panes of glass shall be painted in matte black and the frames and muntins shall be painted in a colour that matches that of the original door; (5) all boards not located in a window or door opening shall be painted or otherwise treated so that the colour blends with the exterior of the building or structure; (6) all boards shall be maintained in good repair. 5.4.2 Subject to any applicable provisions of the Ontario Heritage Act, where the minimum standard imposed by article 5.4.1 has, more than once, failed to exclude unauthorized entry, and further where the Owner's control, attendance or lack of security measures to protect the heritage property suggests that a more secure option be used, the Owner shall supply such measures, including improved security of closures, as may be required by the Chief Building Official or an Officer. 33 5.4.3 Notwithstanding the requirements of sentences 6.2.2(4) and (5), no window, door or other opening on a heritage property shall be secured by brick or masonry units held in place by mortar unless required by the Chief Building Official. 5.4.4 The exterior shall be maintained in order to prevent moisture penetration and damage from the elements that may have adverse impact on any heritage attributes. 5.4.5 Notwithstanding the requirements of article 6.2.5, where a heritage property remains vacant for a period of ninety (90) days or more, the Owner shall maintain appropriate and necessary utilities to serve the building and to provide proper equipment and appliances installed as required to provide, maintain and monitor proper heating and ventilation to prevent damage to the heritage attributes caused by environmental conditions. 5.4.6 An exterior light fixture shall be installed and/or maintained at all exterior entrances to the building and must be kept on a time so that the light will turn on no later than 7:00pm of one day and remain on until 7:00am of the following day and shall maintain an average level of illumination of at least 50 lx. 5.5 CONFLICT 5.5.1 In the event of a conflict between the provisions of this subsection regarding heritage property and any other provision of this by-law or the Ontario Building Code, the provision that establishes the highest standard for the protection of the heritage attribute shall prevail. SECTION 6 SUPPLEMENTAL STANDARDS — ALL PROPERTIES 6.1 MAINTENANCE OF YARDS, PARKING LOTS AND VACANT LANDS 6.1.1 The warehousing or storage of material or operative equipment that is required for the continuing operation of an industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard and shall be arranged in such a manner to provide unobstructed access for emergency vehicles. Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view, the offensive area shall be suitably enclosed by a visual barrier of not less than 1.8m [5'-11'] in height and maintained in good repair. 6.1.2 Any well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed or secured by a fence, cover or netting, unless it is in active use in which event it shall be secured by fencing and warning signs until the use has ceased, where upon they shall be sealed or secured as required. 6.1.3 Septic Tanks, holding tanks, field beds, tile beds and dry wells shall be maintained to the standards established in the Ontario Building Code for such systems. 6.1.4 Where it is intended to discontinue the use and to decommission tanks or dry wells, they shall be pumped dry and the contents disposed of at a suitable disposal site. The tanks or dry wells may be broken up and buried, cavities shall be filled with sand or another suitable material and the ground graded to match existing grades. 34 Existing building drains not being reused shall be removed from the foundation wall and the foundation wall shall be repaired and made impervious to water. 6.1.5 Areas used for vehicular traffic, parking and other similar uses or areas shall be paved with bituminous asphalt, concrete or an equivalent surfacing or shall be surfaced with crushed stone or other suitable and reasonably dust free substance and shall be maintained in good repair. 6.1.6 All Non-residential use or multiple occupancy Residential use properties that are accessed by the general public shall have: (1) all ramps and access routes leading to parking garages kept free from ice and snow; (2) mechanical de-icing equipment for ramps and access routes, where provided, maintained in operational conditions at all times; and (3) all walks, ramps and access routes to and from the building kept free from ice and snow and other hazards at all times. 6.1.7 All surfaces of crushed stone shall be maintained free of dust and from spillover onto adjacent sidewalks and other vegetative surfaces. 6.1.8 No fill shall be allowed to remain in an unlevelled state on any property for longer than seven days, unless the property is: (1) a construction site for which a building permit is in effect; (2) a property being subdivided under subdivision agreement with the City; or (3) property upon which material is being stored with the approval of the Director of Municipal Works or the Regional Municipality of Niagara in connection with a public works project. 6.1.9 No fill shall be left in an uncovered state (not covered by sod, seed or agricultural crop) on any property for longer than thirty (30) days unless the property is: (1) a construction site for which a building permit is in effect; (2) a property being subdivided under subdivision agreement with the City: or (3) property being actively farmed. 6.2 VACANT BUILDINGS 6.2.1 Where any building is vacant or unoccupied, the Owner shall protect such building against the risk of accidental or intentional damage to the property, or such damage as may be caused to other properties, arising from the entry of unauthorized persons to the building, be effectively preventing entrance by unauthorized persons. 35 6.2.2 For the purpose of this subsection, doors, windows, hatches and any other such opening through which entry may be gained are required to be kept in good repair and secured from unauthorized entry, or entry shall be prevented by closing and securing each opening with: (1) boarding which completely covers the opening with at least 13mm [1/2"] weatherproofed sheet plywood securely fastened to the building; (2) rigid composite panels securely fastened to the building; (3) sheathing boards installed within the reveal of the exterior cladding and securely fastened to the building, (4) brick and mortar securely fastened to the building; or (5) concrete blocking and mortar securely fastened to the building. 6.2.3 The materials identified in article 6.2.2 shall be of a colour compatible to the surrounding facade. 6.2.4 The available options presented in article 6.2.2, shall be considered progressively more secure with sentence (5) being the most secure, and the minimum standard imposed by article 6.2.2 shall be considered not to include the use of a less secure option which has, more than once, failed to deny unauthorized entry, and further, where the Owner's control, attendance or lack of security measures to protect the property suggest a more secure option be used, then the Owner shall supply such measure including such improved security of closures as may be necessary beyond the options presented in article 6.2.2. 6.2.5 Where a building remains vacant for a period of time greater than ninety (90) days, the Owner shall ensure that all utilities serving the building, which are not required for the safety and security or maintenance thereof, are properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property. 6.3 DAMAGED BUILDINGS 6.3.1 Where a building is damaged by accident, storm, fire, neglect, intentional damage, other causes or considered unsafe under the provisions of the Act; (1) the Owner shall demolish or repair the building within sixty (60) days or a reasonable time arranged for and approved by the Chief Building Official. (2) immediate steps shall be taken to prevent or remove any condition which might endanger persons on or near the property and the building or structure shall be properly supported and barricaded until the necessary demolition or repair can be carried out; (3) defacement by smoke or by other causes on the exterior wall and surface of the building or structure or of the remaining parts of the building or structure, shall be removed and the defaced areas refinished with the care, skill and 36 quality acceptable in the trades concerned and with materials suitable and sufficient for the purpose. (4) the Owner shall protect the building against further risk or further damage, accident or other danger, and shall effectively prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4; (5) in the event of fire or explosion, damaged or partially burnt material shall be removed from the premises, except that such material may be temporarily stored within the barricaded damaged building or structure, provided that such storage does not exceed ninety (90) days; and (6) all utilities serving the building including but not limited to water, gas and hydro which are not required for the safety or security thereof, are required to be properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property. 6.3.2 In the event that the building or structure is beyond reasonable repair. the land shall be cleared of debris and remains and shall be left in a graded, level and safe condition without unreasonable delay. For the purpose of this article, it shall be the responsibility of the Owner of the property to demonstrate the state of reasonable repair to the satisfaction of the Chief Building Official. 6.3.3 Where an Owner chooses to retain a building or portion thereof that has been damaged in whole or in part by the circumstances identified in article 6.3.1, the Owner shall: (1) provide, at the sole expense of the Owner, documentation prepared by a professional engineer who is licensed in the province of Ontario, indicating: (a) that the structural stability of the remaining building, or portion thereof, is sufficient to support the required forces which it may be subject to; and (b) that the remaining building or portion thereof is suitable for reuse and any new reconstruction necessary to restore or replace the building that was damaged. (2) protect the remaining building, or portion thereof to the satisfaction of the Chief Building Official, to prevent further damage or deterioration which may be caused from being exposed to the elements; and (3) secure the building or portion thereof to prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4. 6.3.4 Where an Owner chooses to retain a building or portion thereof in accordance with the provisions of article 6.3.3 in a vacant condition, the occupancy of the building may be restricted or denied completely by the Chief Building Official. 37 6.3.5 Exterior walls, roofs and other parts of a building shall be free of objects and materials which may create an unsafe condition. Such objects or materials shall be removed, repaired or replaced so as to remove the unsafe condition. 6.3.6 Where a building located in the Tourist Core as defined in Schedule 'B' to this by- law, is damaged in whole or in part by the circumstances identified in article 6.3.1, the Owner shall install hoarding along the full length of all sides of the site adjacent to a public thoroughfare or street within thirty (30) days of the event, unless the building is demolished and the site is graded and cleared. 6.3.7 The hoarding required by article 6.3.6 shall be: (1) constructed to a minimum height of 2.4m [8']; (2) built of wood construction with solid panel boarding of at least 13mm (1/2"] weatherproofed sheet plywood securely fastened to the hoarding to completely cover any access or view of the site; (3) be securely fastened to the ground: and (4) be maintained so as to be free of posters or advertisements in accordance with the provisions of article 2.7.7 for exterior walls. 6.4 DEMOLITIONS 6.4.1 Where any building, accessory building or other structure is demolished, the property shall be cleared of all rubbish, waste, debris, refuse, masonry, concrete, lumber and the site left in a graded and leveled condition. 6.4.2 Where any building, accessory building or other structure is demolished in part and it is the wish of the Owner to retain any portion of the existing building or structure for future reuse, the Owner shall: (1) provide, at the sole expense of the Owner, documentation prepared by a professional engineer who is licensed in the province of Ontario, indicating: (a) that the structural stability of the remaining building, or portion thereof, is sufficient to support the required forces which it may be subject to; and (b) that the remaining building or portion thereof is suitable for reuse and any new reconstruction necessary to restore or replace the building that was damaged. (2) protect the remaining building, or portion thereof to the satisfaction of the Chief Building Official, to prevent further damage or deterioration which may be caused from being exposed to the elements; and (3) secure the building or portion thereof to prevent entrance thereto by all unauthorized persons by closing and securing each opening to the building in accordance with the requirements of articles 6.2.2, 6.2.3 and 6.2.4. 38 6.4.3 Where any building, accessory building or other structure is being demolished, every precaution shall be taken to protect the adjoining properties and members of the public. The precautions to be taken include but are not limited to, the erection of fences, barricades, covered walkways and any other means of protection necessary for the protection of the adjoining property and members of the public. 6.4.4 Prior to demolishing any building, other than farm buildings, a demolition permit must first be obtained from the City in accordance with the provisions of the Ontario Building Code despite the fact that the demolition may be required in response to an Order issued by the City SECTION 7 VITAL SERVICES 7.1 APPLICATION 7.1.1 The regulations and standards set forth in this section are applicable to all buildings or parts thereof in the City that contain one or more residential rental units in which at least one residential unit is occupied. 7.1.2 This section shall apply despite any dispute between the landlord and the tenant, so long as the residential rental unit is legally occupied by the tenant. 7.1.3 Notwithstanding the provisions of article 7.1.1, this section with respect to the provision of vital services shall not apply to a landlord in respect of a residential rental unit and vital service to the extent that the tenant has as a part of a tenancy agreement expressly agreed to obtain and maintain the supply of vital service. 7.1.4 Any agreed upon terms in the tenancy agreement described in article 7.1.3 does not relieve the landlord from complying with all other provisions of this by-law for the maintenance of the property or the provision, maintenance and/or repair of any system used for the distribution of a vital service. 7.2 LANDLORD RESPONSIBILITIES 7.2.1 Every landlord shall provide adequate vital services to each of the landlord's • occupied residential rental units, and no landlord shall cease to provide a vital service for a residential rental unit if it is occupied by the tenant. 7.2.2 Article 7.2.1 does not apply for the cessation of a vital service when necessary to alter or repair the residential rental unit however such cessation shall only be for the minimum period of time necessary to effect the alteration or repair. • 7.2.3 A landlord shall be deemed to have caused the cessation of a vital service at a • residential rental unit, if the landlord is obliged by the tenancy agreement to pay the supplier for vital service and fails to do so and, as a result of the non-payment, the • vital service is no longer provided at the residential rental unit. 39 7.3 SUPPLIER OF VITAL SERVICE RESPONSIBILITIES 7.3.1 Every supplier of vital service shall provide notice in accordance with this by-law if a vital service is to be disconnected or discontinued at a residential rental unit to which this by-law applies because the landlord has either breached a contract with the supplier for the supply of the vital service or the landlord has requested the service be disconnected or discontinued. 7.3.2 The notice of disconnection shall be given in writing to the Chief Building Official, the tenant, and to the landlord at least fifteen (15) business days before the supplier ceases to provide the vital service and shall contain the following: (1) the name, address, telephone number, and email address of a suitable contact of the supplier of vital service; (2) the type of vital service being supplied; (3) the name, address and telephone number of the landlord with whom the supplier of vital service has a contract for the supply of the vital service and the name of the registered owner if not the same as the landlord; (4) the municipal address of the building at which the vital service is being supplied; (5) the nature of the landlord's breach of contract with the supplier of vital service; (6) the date and time when the supplier will cease to provide the vital service, and (7) the name, address, telephone number, and email of a contact at the supplier of the vital service who may be contacted to receive direction to arrange for reconnection. 7.3.3 Every supplier of vital service who disconnects or discontinues the vital service at a building or residential rental unit to which this by-law applies and does not provide the required notice as provided in article 7.3.2 shall promptly restore the vital service at the building when directed to do so by the Chief Building Official until such time as the required notice can be provided. SECTION 8 ENFORCEMENT AND INSPECTION 8.1 OFFICERS 8.1.1 The Chief Building Official appointed pursuant to the Act, is hereby assigned the responsibility of administering and enforcing this by-law and the Council of the City of Niagara Falls shall appoint Officers responsible for the enforcement of this by-law. 8.1.2 Persons appointed or assigned for the purposes of enforcing or administering this by-law are Officers, and have the authority to carry out the duties assigned to Officers under this by-law and the Act, and may enforce the provisions of this by-law and the applicable sections of the Act. 40 8.1.3 An Officer is hereby authorized to give immediate effect to any Order that is confirmed or modified as final and binding under the applicable section of the Act so as to provide for: (1) repair of the element or property; or (2) clearing of all buildings, structures or debris form the site and the leaving of the site in a graded and leveled condition, under the provisions of the Procurement Policy. 8.1.4 Where approved by the Chief Building Official, an Officer may permit the maintenance of property to alternate standards required by any provisions of this by- law. 8.1.5 The alternate standards referenced in article 8.1.4 shall be in accordance with the general purpose and intent of this by-law and they shall have the same effect and force as standards required by any provision of this by-law. 8.1 .6 Upon completion of the work, repairs or demolition by or on behalf of the City of Niagara Falls, the City of Niagara Falls shall have a lien on the land for the amount spent on the repair or demolition, and the amount shall be deemed to be municipal real taxes and may be added by the Treasurer of the City of Niagara Falls to the tax roll and collected in the same manner and with the same priority as municipal real property taxes as provide for by the statute. 8.2 RIGHT TO ENTER • 8.2.1 By way of this by-law being in effect under Section 15.1 of the Act, an Officer acting under the by-law or any person acting under his or her instructions may at any reasonable time, and upon producing proper identification, enter upon any property without a warrant for the purpose of inspecting the property to determine: (1) whether the property conforms with the standards prescribed in this by-law; or (2) whether an Order made under this by-law has been complied with. 8.2.2 Notwithstanding the above, an Officer shall not enter or remain in any room or place actually used as a dwelling unit unless: (1) the consent of the occupant is obtained, first having informed the occupant that the right of entry may be refused and entry made only under the authority of a warrant is issued under the Act; (2) the delay necessary to obtain a warrant or the consent of the occupant would result in an immediate danger to the health and safety of any person; (3) a warrant issued under the Act is obtained: or (4) the entry is necessary to repair or demolish the property in accordance with an Order issued under this by-law and the Officer, within a reasonable time 41 before entering the room or place, serves the occupier with the notice of the Officer's intention to enter the room or place. 8.3 INSPECTION 8.3.1 For the purposes of an inspection under the provisions of this by-law, an Officer and any person acting under the Officer's instructions may: (1) require the production for inspection of documents or things. including drawings or specifications that may be relevant to the property or any part thereof; (2) inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts; (3) require information from any person concerning a matter related to a property or part thereof; (4) be accompanied by a person who has special or expert knowledge in relation to a property or part thereof; (5) alone or in conjunction with a person possessing special expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection; and (6) Order the Owner of the property to take and supply at the Owners expense such tests and samples as are specified. 8.3.2 The Officer shall divide any sample taken under article 8.3.1 into two parts and deliver one part to the person from whom the sample was taken, if the person so requests at the time the sample is taken and provides the necessary facilities. 8.3.3 If an Officer takes a sample under article 8.3.1 and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. 8.3.4 An Officer shall provide a receipt for any document or thing removed under sentence 8.3.1(2) and shall promptly return them after the copies or extracts are made. 8.3.5 Copies of or extracts from documents and things removed under sentence 8.3.1(2) which are certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentially value as the originals. 8.3.6 If in the opinion of the Officer there is doubt as to the structural adequacy or condition of a building or structure or parts thereof, the Officer may alone or in conjunction with a person possessing special or expert knowledge make examinations or take tests, samples or photographs necessary for the purposes of the examination and may Order that such building or structure or parts thereof be examined and a written report addressing the structural adequacy of the building or 42 component in question be prepared by a professional engineer, licensed to practice in Ontario. 8.3.7 The examination and testing of any building or structure or parts thereof required by article 8.3.6 shall be conducted in a manner acceptable to the Officer and the Officer may Order the examination and testing to be at the Owner's expense. 8.3.8 If the Owner or agent retains the professional engineer to prepare the written report in accordance with article 8.3.6, the Owner shall submit the report to the Officer for evaluation and review. 8.3.9 All details, drawings and specifications pertaining to all temporary shoring and other work deemed necessary by the professional engineer, shall be included with the report referred to in article 8.3.6. 8.3.10 On completion of any work required in the report prepared by the professional engineer, the professional engineer shall submit to the Officer a further report, signed and sealed by the professional engineer, confirming that all of the work has been satisfactorily completed as required by the first report. 8.4 ORDERS 8.4.1 If after inspection an Officer is satisfied that in some respect the materials forming part of the building, structure or property are damaged, decayed, deteriorated or do not conform with the standards set out in this by-law, they may issue an Order to the Owner and such other persons affected by it as the Officer determines and a copy of the Order may be posted on the property to require that the materials or conditions be repaired or replaced in a workman like manner acceptable to the Officer, 8.4.2 An Order under this by-law shall: (1) state the municipal address of the legal description of the property; (2) give reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structure, debris, or refuse and left in a graded and leveled condition; (3) indicate the time for complying with the terms and conditions of the Order and give notice that, if the repair or clearance is not carried out within that time, the City of Niagara Falls may carry out the repair or clearance at the Owner's expense; (4) indicate the final date for giving notice of appeal from the Order, and (5) be served or caused to be served on the Owner of the property and such other persons affected by the Order as the Officer determines: (a) by personal service; or (b) by prepaid registered mail sent to the last known address of the person to whom notice is to be given or to that person's agent for service. 43 8.4.3 An Order served by registered mail shall be deemed to have been served on the 5th day after the date of mailing. 8.4.4 The Officer shall in addition to service set out in sentence 8 4.2(5), post a copy of the Order in a conspicuous place on the property. 8.4.5 No person shall remove, pull down, obstruct the visibility of or deface the Order placed in accordance with article 8.4.4, unless authorized by the Officer. 8.4.6 If the Officer is unable to effect service under article 8.4.2. they shall place a placard containing the terms of the Order in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Order on the Owner or other persons. 8.4.7 The Officer may grant extensions of time for compliance with any Order issued pursuant to the applicable section of the Act, beyond the time limited in such Order in any case where: (1) valid reasons exist in the opinion of the Officer for the extension: and (2) apart from such reasons, the Officer is satisfied that the Order will be complied with. 8.4.8 Where, because of non-conformity to the applicable standards prescribed by this by- law, the occupancy or use of any property in the City of Niagara Falls is, in the opinion of the Officer, hazardous to the occupants or the public, such occupancy or use is prohibited until the property is brought into conformity with the applicable standards. 8.5 APPEAL OF AN ORDER 8.5.1 An Owner or occupant who has been served with an Order made under this by-law, and who is not satisfied with the terms or conditions of the Order, may appeal to the Property Standards Committee by sending a notice of appeal by registered mail to the Secretary of the Committee within fourteen (14) days after being served with the Order. 8.5.2 The Notice of Appeal shall be accompanied by the prescribed fee required in the applicable schedule to this by-law in the form of a certified cheque, money order or cash. 8.5.3 An Order that is not appealed within the time referenced in article 8.5.1 is deemed to be confirmed. 8.5.4 If an appeal is taken, the Committee shall hear the appeal and shall have all the powers and functions of the Officer who made the Order and may: (1) confirm, modify or rescind the Order to demolish or repair, or 44 (2) extend the time for complying with the Order if, in the opinion of the Committee, the general intent and purpose of this by-law and of the Official Plan or policy statement are maintained. 8.5.5 A copy of the decision of the Committee shall be sent to the Owner, occupants and all other persons to whom the Order has been served in accordance with sentence 8.4.2(5) by prepaid registered mail within fourteen (14) days of the decision. 8.5.6 The municipality in which the property is situate or any Owner or occupant or person affected by a decision under article 8.5.4 may appeal to a Judge of the Superior Court of Justice by notifying the Clerk of the Corporation of the City of Niagara Falls in writing and by applying to the Superior Court of Justice for an appointment within fourteen (14) days after sending of a copy of the decision. 8.5.7 A Judge of the Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. 8.5.8 On the appeal, the Judge has the same powers and functions of the Committee. 8.5.9 An Order that is deemed to be confirmed or modified by the Committee or Judge, shall be final and binding upon the Owner and occupant who shall carry out the repair or demolition within the time and in the manner specified in the Order. 8.6 PROPERTY STANDARDS COMMITTEE 8.6.1 A Committee to be known as the Property Standards Committee of the City of Niagara Falls is hereby established. 8.6.2 The Property Standards Committee for the City of Niagara Falls shall consist of not less than three (3) citizens at large to be appointed by Council, with a term to coincide with Council. The members of the Committee shall hold office until their successors have been appointed. Any vacancy on the Committee shall be filled forthwith. 8.6.3 The members of the Committee shall elect a Chair from among themselves, when the Chair is absent through illness or otherwise, the Committee may appoint another • member as Acting Chair. 8.6.4 A majority of the members constitutes a quorum for transacting the business of the Committee. 8.6.5 Any member of the Committee may administer oaths. 8.6.6 The City shall provide a Secretary for the Committee who shall keep on file the records of all official business of the Committee, including records of all applications and minutes of all decisions respecting those applications. 8.6.7 The Secretary as identified above in article 8.6.6, shall keep on file minutes and records of all applications and the decisions thereon and of all other official business 45 of the Committee and Section 74 of the Municipal Act, R.S.O. 1990, c.M.45, as amended, applies with necessary modifications to such documents. 8.6.8 The Committee may adopt its own rules of procedure, but before hearing an appeal under subsection 8.5, the Committee shall give notice or direct that notice be given of such hearing to such person as the Committee considers advisable. 8.6.9 Members of the Committee shall be paid such compensation as the Council of the City of Niagara Falls may provide by resolution from time to time. 8.7 REGISTRATION OF AN ORDER 8.7.1 An Order that a property does not conform with any standards of this by-law may be registered in the Land Registry or Land Titles Office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the Order shall be deemed to have been served with the Order on the day which the Order was served. 6.7.2 Where the Chief Building Official or an Officer determines there is compliance under this by-law with an Order issued, the Clerk of the City of Niagara Falls shall forthwith register in the Land Registry or Land Titles Office, a certification that such requirements have been satisfied, which shall operate as a discharge of such Order. 8.7.3 Notwithstanding article 8.7.2, no discharge of an Order shall be registered by the Officer until such time as an Owner has paid the City the prescribed fee required in the applicable schedule to this by-law in the form of a certified cheque or money order. 8.8 COMPLIANCE ORDERS AND CERTIFICATES OF COMPLIANCE 8.8.1 The Owner or occupant of a property shall: (1) comply with all standards prescribed in this by-law; (2) comply with any final and binding Order of the Officer, (3) produce documents or things requested by the Officer for inspection as relevant to the property or any part thereof, allow the removal of such documents or things for the purpose of making copies, provide information or assist in the collection of information from other persons concerning, a matter related to the property or part thereof; allow entry by the Officer or such persons as needed to carry out an inspection or test or in aid thereof, permit examination, tests, sampling or photographs necessary for the purpose of an inspection or in aid thereof, and provide at their expense when requested, tests and samples as are specified in an Order, all as may aid or assist in the carrying out of an inspection and determination of compliance with this by-law and the relevant portions of the Act; and (4) ensure, that in complying under this by-law, and in carrying out work required under an Order or other obligation under this by-law, that the property and 46 activities shall be kept and carried out in a condition and manner that avoids conditions dangerous to the Owner, occupants or visitors to the property or which put at risk of injury or health such persons and giving adequate warning where such risks cannot be avoided so as to allow such person to avoid the danger or risks. 8.8.2 A person affected by a Property Standards Order may seek to have compliance with an outstanding Order determined by supplying such proof as may allow compliance to be determined or permit or arrange for an inspection of the property by an Officer, and shall he liable to pay any applicable fees, charges or expenses. 8.8.3 Where the proof submitted to comply with article 8.8.2 is insufficient for the Officer to determine the compliance of the property with the Order or part thereof, the person shall, subject to the Ontario Building Code, permit or arrange for a reasonable and timely inspection by the Officer to determine compliance or that the proof submitted confirms compliance. 8.8.4 Any property Owner may make an application to the City of Niagara Falls for a certificate of compliance by completing and signing an application on the form available at the offices of the Chief Building Official and paying the applicable fee. 8.8.5 Where a Property Standards Order has been registered, an Owner or occupant may apply for an inspection of the property in respect of the Order and shall pay the fee prescribed in the applicable schedule to this by-law in the form of a certified cheque, money order or cash at the time of application, which fee includes the registration or a discharge where compliance with the Order is found. 8.9 POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH 8.9.1 If the Owner or occupant of a property fails to repair or to demolish the property in accordance with an Order as confirmed or modified, the City of Niagara Falls, in addition to all other remedies: (1) may repair or demolish the property; (2) may clear the site of all buildings, structures, debris or refuse and leave the site in a graded and leveled condition; (3) may make the site safe or impede entry by erecting fences, barricades or barriers; and (4) may cause a prosecution to be brought against any person who is in breach of such an Order and upon conviction, such person shall forfeit and pay at the discretion of the convicting Provincial Judge or Justice of the Peace acting within their territorial jurisdiction, a penalty in accordance with the provision of Section 36 of the Act; 8.9.2 Where an Order of an Officer that has become final and binding has not been complied with and the City makes efforts to proceed to cause the property to be repaired or demolished in accordance with the Order in addition to all other remedies, the following shall apply: 47 (1) for this purpose may enter in and upon the property at any reasonable time without a warrant, with its employees and agents, in Order to demolish or repair the property accordingly; and (2) neither the City or a person acting on its behalf shall be liable to compensate the Owner, occupant or any other person by reason of anything done by or on behalf of the City in the reasonable exercise of tis powers under this by-law. 8.9.3 Where the City demolishes or repairs a property pursuant to article 8.9.1, the City shall have a lien on the land for the amount spent on the repair or demolition under article 6.9.1 and the amount shall be deemed to be municipal real taxes and may be added by the Clerk to the collector's roil, and be collected in me same manner, and with the same priorities, as municipal real property taxes. 8.10 EMERGENCY ORDERS AND POWERS 8.10.1 Despite any other provision of this by-law, if upon inspection of a property the Officer is satisfied that there is a non-conformity with the standards prescribed in this by-law to such extent as to pose an immediate danger to the health or safety of any person, the Officer may make an Emergency Order containing particulars of the non- conformity and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 8.10.2 After making an Emergency Order under article 6.10.1, the Officer may, either before or after the Order is served, take or cause to be taken any measures the Officer considers necessary to terminate the danger, and for this purpose, the municipality has the right, through its employees and agents at any time, to enter in and upon the property without a warrant. 8.10.3 The Officer, the City or anyone acting on behalf of the municipality is not liable to compensate the Owner, occupant or any other person by reason of anything done by or behalf of the City in the reasonable exercise of its powers under article 8.10.2. 8.10.4 Where the Emergency Order made in accordance with article 8.10.1 was not served before measures were taken to terminate the danger, the Officer shall as soon as is practical after the measures have been take, serve copies of the Order in accordance with sentence 8.4.2(5) on, the Owner of the property and such other persons affected thereby as the Officer determines and each copy of the Order shall have attached to it a statement by the Officer describing the measures taken by the City and providing details of the amount expended in taking the measures. 8.10.5 Where the Emergency Order was served before the measures were taken, the Officer shall as soon as is practicable after the measures have been taken, serve a copy of the statement mentioned in article 8.10.4, in accordance with sentence 8.4.2(5) on, the Owner of the property and all such other persons affected thereby as the Officer determines. 8.10.6 As soon as is practicable after the provisions of article 8.10.4 or 8.10.5, have been complied with, the Officer shall apply to a Judge of Ontario Court (General Division) for an Order confirming the Emergency Order made under article 6.10.1 and the Judge shall hold a hearing for the purpose. 48 8.10.7 The Judge of the Ontario Court (General Division) in disposing of an application brought under article 8.10.6 of this by-law shall: (1) confirm, modify or rescind the Order, and (2) determine whether the amount spent on measures to terminate the danger may be recovered in whole, or in part or not at all and the disposition of the Judge is final. 8.10.8 The amount determined by the Judge to be recoverable pursuant to article 6.10.7 shall be a lien on the land and shall be deemed to be municipal real property taxes, and may be added by the Clerk to the collector's roil, and be collected in the same manner, and with the same priorities, as municipal real taxes. SECTION 9 OFFENCES AND PENALTIES 9.1 OBLIGATIONS AND PROHIBITIONS 9.1.1 No Owner or occupant of property shall use, occupy, allow, permit or acquiesce in the use or occupation of the property unless such property conforms to the standards prescribed in this by-law. 9.1.2 No person, being the Owner, tenant or occupant of a property, shall fail to maintain the property in conformity with the standards required by this by-law. 9.1.3 No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an Officer or a person acting under their instructions in the exercise of a power or the performance of a duty under this by-law. 9.1.4 A refusal of consent to enter or remain in a place actually used as a dwelling is not hindering or obstructing within the meaning of article 8.1.3 unless the Officer is acting under a warrant or an Emergency Order made pursuant to subsection 7.10. 9.1.5 Every person shall assist any entry, inspection, examination, testing or inquiry by an Officer in the exercise of a power of performance of a duty under this by-law. 9.1.6 No person shall neglect or refuse: (1) to produce any documents, drawings, specifications or things required by an Officer, and (2) to provide any information required by an Officer. 9.1.7 A person is guilty of an offence if the person: (1) contravenes any section of this by-law; or (2) fails to comply with an Order that is final and binding under this by-law. 9.1.8 Every director or Officer of a corporation who contravenes article 9.1.7 is guilty of an offence. 49 9.1.9 Where any property with the City of Niagara Falls does not conform to the applicable standards set forth in this by-law, the Owner of the property shall: (1) repair and thereafter maintain such property to conform to such standards; or (2) where conformity to such standards cannot be effected by repair, clear the site of all buildings, structures, debris and refuse not in conformity, and leave such area of the site in a graded and leveled condition. 9.1.10 All repair and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. Ali construction, repair, renovation or demolition shall conform to the requirements of the Ontario Building Code and is subject to the requirements for all applicable permits. 9.2 PENALTIES 9.2.1 Subject to articles 9.2.2 and 9.2.3, every person who contravenes any provision of this by-law is guilty of an offence and is liable upon conviction to a penalty in accordance with the Provincial Offences Act. 9.2.2 Every person who fails to comply with an Order issued under this by-law which is final and binding is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000 for the first offence and to a fine of not more than $100,000 for a subsequent offence. 9.2.3 If a corporation is convicted of the offence of failing to comply with an Order issued under this by-law, the maximum penalty that may be imposed on the corporation is $100,000 for a first offence and $200,000 for any subsequent offence. SECTION 10 ADMINISTRATION 10.1 VALIDITY 10.1.1 Should a court of competent jurisdiction declare a part or whole of any provision of this by-law to be invalid or of no force and effect, the provision or part is deemed severable from this by-law, and it is the intention of Council that the remainder survive and be applied and enforced in accordance with its terms to the extent possible under the law so as to protect the public by ensuring a minimum standard for maintenance and occupancy is maintained. 10.1.2 Where a provision of this by-law conflicts with the provision of another by-law, Act, or Regulation in force within the City of Niagara Falls, the provisions that establish the higher standards to protect the health and safety of persons shall prevail. 10.2 TRANSITION PROVISIONS 10.2.1 After the date of the passing of this by-law, those by-laws identified under subsection 9.4 shall apply only to those properties in which an Order to Comply has been issued 50 prior to the date of passing of this by-law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order, including any demolition, clearance, or repair carried out by the City of Niagara Falls shall have been concluded. 10.2.2 In the recovery or enforcement of penalties and forfeitures incurred, or in any other proceeding in relation to matters in respect of a Property Standards by-law of any former area municipality, including the predecessor to by-laws mentioned in subsection 9.4, the process may be continued and carried out under this by-law. 10.3 FEES 10.3.1 Any fee required by or described in this by-law shall be as set out in Schedule "A" to this by-law. 10.4 BY-LAWS TO BE REPEALED 10.4.1 By-laws No. 98-50. 99-52 and 2000-91 are hereby repealed. 51 10.5 DATE OF ENACTMENT 10.5.1 This by-law shall come into force and effect on September 1, 2015. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015 Second Reading: August 25, 2015 Third Reading: August 25, 2015 `SCHEDULE A' to By-Law 2015-Draft FEES The identified items below shall be subject to the following fees: (1) Certificate of Compliance $150.00 (2) Discharge of an Order registered on title $450.00 (3) File Notice of Appeal $500.00 City of Niagara Falls By-law 2015-Draft Property Standards By-law 53 `SCHEDULE B' to By-Law 2014-Draft TOURIST CORE The tourist core area shall be the area referenced on the map below. , , City of Niagara Falls agara ac�� Tourist Core 420 HTKITCHENE ST _ PROSPECT ST I1 \\/// ti NORTH ST 1 ��\`�P �T4:,\yam / P 1. :a FERRY ST _. Q f LUNDY'S LN I T rD i < / HARKER ST ,. ROBINSON ST 1 1 ! ))r / / ! MURRAY ST( i f 1'1;01's 1„ 1_ l Ch T. � DIXON ST / 1 JJ i / f y ! / � t DUNN ST t 1 \ 1 1 / E I> F 1 { v a -, = .."—""1 Tourist Core U, —. Property Parcel Road I River i MCLEOD RD f”" --1 \ ` /�CAF?q pIVFH F Y 5 2 FSLE RD r.1arc,YU!7 K:,GIS Reques15`.2015.Custom.PIanning'TouristCore and Dist.map CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to designate Lots 170-173 (inclusive), Plan 260, not be subject to part-lot control (PLC- 2015-003). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By-law No. 8819-97; AND WHEREAS the said lands are zoned by By-law No. 79-200 to permit a semi-detached dwelling on each lot; AND WHEREAS the owner of the said lands proposes to divide the four lots into 8 parcels down the common wall between the existing semi-detached dwelling units so that each dwelling unit may be sold separately. Further, the owner also proposes to maintain rear yard easements in favour of Bell Canada; AND WHEREAS the Ontario Building Code requires piping in any building to be connected to the public services separately from piping of any other building; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act. R.S O. 1990, not apply to Lots 170, 171 172 and 173, Plan 260, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. Section 1 of this by-law is of no force and effect until the Chief Building Official of the City of Niagara Falls confirms that the buildings located upon the lots that are subject to this by-law are equipped with such piping as is required to enable each unit of each building to comply with the requirements of the Ontario Building Code. 3. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015 Second Reading: August 25, 2015 Third Reading: August 25, 2015 S\PART LOT CONTROL\20151PLC-0031PLC-2015-003 By-law.docx CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to authorize the payment of $10,877,286.00 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period of from July 9, 2015 to August 6, 2015. Passed this twenty-fifth day of August, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015 Second Reading: August 25, 2015 Third Reading: August 25, 2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25th day of August, 2015. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 25' day of August, 2015 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and. except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty-eighth day of August 25, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 25, 2015 Second Reading: August 25, 2015 Third Reading: August 25, 2015