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HomeMy WebLinkAboutKIN 90 061 Control of Termites . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1990 - 61 BEING A BY-LAW WITH RESPECT TO THE CONTROL OF TERMITES AND OTHER WOOD DESTROYING INSECTS. WHEREAS Paragraphs 173 and 174 of Paragraph 210 of The Municipal Act, R.S.O. 1980, Chapter 302, as amended authorize municipal councils to pass by-laws with respect to the control of termites and other wood destroying insects and to the financing of such costs; AND WHEREAS the Council for The Corporation of the Town of Kincardine deems it expedient to pass such a by-law; NOW THEREFORE the Council of The Corporation of the Town of Kincardine ENACTS as follows: 1. In this by-law: a) "inspector" means a person designated by the Council of The Corporation of the Town of Kincardine to enforce the provisions of this by-law; b) "building or structure" shall buildings or structures, commercial, institutional, and include all classes of including residential, industrial. 2 . a) An inspector may give to the owner of any building or structure heretofore or hereafter erected notice in writing requiring that the building or structure be made resistant to termites or other wood-destroying insects by treatment of the soil adjacent thereto by a licensed pest or termite exterminator in such manner and by such means as is specified in the notice, or requiring that the building or structure be made resistant to termites or other wood-destroying insects by any other means specified in the notice, and upon receipt of such notice the owner shall forthwith carry out the requirement thereof. b) No person shall erect a building in which wood structural members are used, unless the soil below the foundations and the lowest floor of the building and the soil .. .. /2 -2- By-law No. 1990-61 I adjacent to the foundation walls and supporting piers is first impregnated with a chemical toxic to termites in such manner that there is no subgrade access to the building structure except through such chemically treated soil. 3. Where any wooden pole, tree, stump or other wooden or cellulose material not being part of a building has become infested, or, in the opinion of the inspector, is likely to become infested with termites or other wood-destroying insects, an inspector shall give to the owner of such pole, tree, stump or other material, notice in writing certifying that such infestation exists and requiring that the said pole, tree, stump or other material be removed to designated areas for burning and destroyed, and upon receipt of such notice the owner shall forthwith carry out the requirements thereof. 4. In a case where infestation is found (or the inspector deems infestation is likely to occur) in any wooden pole, tree, stump or other wooden or cellulose material which appears to be situated on a property line, the owner or owners of such wooden pole, tree, stump or other wooden or cellulose material shall be determined by the Town's fence viewers appointed under the Line Fences Act of Ontario. 5. The Town may, upon application made to it for that purpose, loan to an owner of a building for purposes of being applied to the cost incurred hereafter by such owner in repairing damage done to such building by termites or other wood- destroying insects and lor of rendering any building heretofore erected resistant to termites or such other insects, such portion being an amount fixed by the Town not exceeding the actual cost of such work less any amounts received by the property owner (such as grants) to offset such costs. Application may also be made under this section for the costs of treating and/or removing any wooden pole, tree, stump or other wooden or cellulose material. Loans shall be made from the Town's revenue fund and any interest thereon shall revert to the revenue fund. 6. When an owner intends to make an application pursuant to section 5 he shall do so by delivering the same to an inspector and before carrying out the work described in section 5. The Chief Building Official shall report at least monthly thereon with his recommendation to the Council, and the Council may in its discretion grant or refuse any such application or may grant the same subject to such terms and conditions as the Council may prescribe. Any and all loans and interest thereon shall, until payment thereof, be a lien or charge upon the land in respect of which the loan has been made. Payments of principal and interest shall be added to the collectors roll and collected in like manner as municipal taxes over a period fixed by the Council, not exceeding five years. 7 . Every person who contravenes any of the provisions of this by- law shall, upon conviction thereof, forfeit and pay a penalty not exceeding (exclusive of costs) the sum of Two Thousand ($2,000) Dollars for each such offence and every such penalty shall be recoverable under the provincial Offences Act, R. S. O. 1980, chapter 400, as amended. . '" /3 I . 8. -3- By-law No. 1990 - 61 By-law No. 4590 passed on the 1st day of March, 1984, be and the same is hereby repealed. 9. This By-law shall be cited as the "Control of Termites, 1990 By-law", and shall come into full force and effect on the date of its final passage. READ a FIRST and SECOND time this 16th day of August, 1990. 1 ¡!Ûd/ /!tyd:b7J Mayor READ a THIRD TIME and FINALLY PASSED this 6th day of September, 1990. " jkA~/ ßl UÞ7V Mayor