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HomeMy WebLinkAboutKIN 84 4590 Control of Termites THE CORPORATION OF THE TOWN OF KINCARDNE BY-LAW NO. 4590 '. Being a By-law with respect to the control of Termites and other wood destroying insects. Legislation: Section 173 and 174 of Paragraph 210 of the Municipal Act, Chapter 302, R.S.O. 1980. (as amended) THEREFORE the Council of the Town of Kincardine ENACTS as follows: 1. In this by-law: a) "residential building" means: (i) a building used solely for human habitation including any attached accessory use, or (ii) any building not exceeding three storeys in height containing at least one dwelling unit; b) "dwelling unit" means a suite of two or more rooms intended for domestic use and so used by one or more individuals and containing cooking, sleeping and sanitary facilities; c) "inspector" means a person designated by the Council of the Corporation to enforce the provisions of this by-law. 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 adjacent to the foundation walls and supporting piers is first impregnated with a chemical toxic to termites in such a 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 with termites or other wood-destroying insects an inspector may 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. The Corporation, may, upon application made to it for that purpose, pay to or on behalf of the owner of a residential building a portion of the cost incurred hereafter by such owner in repairing damage done to such residential building by termites or other wood-destroying insects and lor of rendering any residential building heretofore erected resistant to termites or such other insects, such portion being an amount fixed by the Corporation not exceeding 25% of the said cost or dollars ($125.00) whichever is the lesser. ......2 . . - 2 - 5. The Corporation may, upon application made to it for that purpose, loan to an owner of a residential building for purposes of being applied to the cost incurred hereafter by such owner in repairing damage done to such residential building by termites or other wood-destroying insects andlor of rendering any residential building heretofore erected resistant to termites or such other insects, such portion being an amount fixed by the Corporation not exceeding the actual cost of such work less any amount paid by the Corporation in respect thereof under Section 4. 6. When an owner intends to make an application pursuant to Sections 4 and 5 or either of them he shall do so by deliver- ing the same to an inspector and before the carrying out of the work of repairing damage to the residential building by termites or other wood-destroying insects or of rendering the same resistant thereto, the Building Official shall report 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. 7. Every person who contravenes any of the provisions of this by-law shall, upon conviction thereof, forfeit and pay penalties not exceeding (exclusive of costs) the sum of One Thousand Dollars ($1,000.00) for each offence. 8. By-law 3113 passed on the 21st day of August, 1975 be and the same is hereby repealed. Read a First and Second time 1st day of March, 1984. ~~~ ær ¿?(./A~ ~er Read a Third time and Finally Passed this 1st day of March, 1984. ~~~~------- ~ /J!~~ ayor .~ r .:- . ~. -, - - :::- . . . '> l\1'I'Jo:NIJ I X j l ¡;:XC¡':RP'I'lm "'110M PI\JU\GH1IPII 210 MUNICIPAT, AC'I' ------.-.-.-.-. ..... - -_._--.-._.~._. .-. - ._.._...._-~--_..~_._.._--~.--_._------ CONTROL OF 'l'ßRMI'l'ES 173. For requiring, i. any buildil~ or structure or any class or classes thereof heretofore or hereafter erected or any additions Ulereto to be rendered resistant to infestation by termites and other wood-destroying insects, ii. the repair of any part of any building or structure or any class or classes thereof that has been damaged by termites or other wood- destroying insects, iii. the removal and destruction or in the alternative the separation from the soil by an approved non- cellulose barrier of all wooden poles, tree- stumps or other wooden or cellulose material that is not part of a building if they are certified by the building inspector or commissioner to be infested by termites or other wood destroying insects, iv. the removal and destruction or in the alternative the separation from the soil by an approved non- cellulose barrier of all wooden poles, tree- stumps or other wooden or cellulose material that is not part of a building which is or may become a hazard of infestation or re-infestation to a building or structure of any class or classes thereof rendered resistant to infestation under subparagraph i or repaired under subparagraph ii. COST OF CONTROL OF TERMITES AND REPAIRS 174. For providing for the payment by the municipality of not more than one-half of the cost, i. of repairing any damage done to any building or structure of any class or classes thereof by termites or other wood-destroying insects, and ii of rendering resistant to infestation by termites or other wood-destroying insects any building or structure or any class or classes thereof that were erectecl before a by-law is passed under this paragraph, . ,,¿ ,.., . . , . '... ,.' 1\i'i'I,:I-JIJJX l.l ~~_ÇERP'l'lmXI~Q.~_XARJ\G~^-Pfl 210 MUNICIPAL AC'!' .- ~ .. and for providing for the making of loans to the owners of such buildings or structures to pay for the whole or any part of the cost of such repairs of the rendering resistant to such infestation, less any amount paid by the municipality, on such terms and conditions as the council may prescribe. (a) The amount of any loan made under a bY-'law passed under this paragraph, or a predecessor hereof. together with interest at a rate to be determined by council, may be added by the clerk of the municipality to the collector's roll and col- lected in like manner as municipal taxes over a period fixed ay the council, not exceeding five years, and such amount and interest shall, until payment thereof, be a lien or charge upon the land in respect of which the loan has been made. (b) A certificate of the clerk of the municipality setting out the amount loaned to any owner under a by-law passed under this paragraph, or a prede- cessor hereof, including the rate of interest thereon, togetter with a description sufficient to identify the land in respect of which the loan has been made, shall be registered in the proper land registry office against the land upon proof by affidavit of the signature of the clerk, and, upon repayment in full to the municipality of the amount loaned and interest thereon, a certificate of the clerk showing such repayment shall be similarly registered, and thereupon the lands are freed from all liability with reference thereto. . . Ai'PI,;NIJIX III GUIDl~LIN[,S Fall A ['[,ANN ':/) '1' ':nMI'l'g CON'l'ROr, PIWGRAM ~'------'--'-"-'--" -..-.----------- In order for a municipality to implement a termite control program that will effectively assist in the mainten- ~~nce of a viable hOUAiHt] sLoek within "its boundaries, tho following guidelines have been forlUlllated: . a) The adoption of a termite control by-law as outlined in the attached appendix (Appendix I). The by-law should be inclusive of: i) a pretreatment clause enforcing termite control treatment within and adjacent to infested areas, ii) a clause to allow for municipal enforcement of termite control treatment to adjacent properties of known infestations, iii) strict enforcement of the removal of wood-soil contact on infested properties prior to chemical treatment, Paragraph 210 of ~he Municipal Act (Appendix II) authorizes such enforcement. b) The development of a planned termite control pl"ogram that incorporates: i) sector treatment - the full treatment of all properties within a monitored and inspected area containing termite infested structures and also including adjacent structures and a buffer zone, ii) priority planning on a short and long term basis, iii) information and educational material disseminate to the public to create a greater awareness of the program and its objectives, iv) building permit regulations to tie in with termite control by-law enforcement to enhance the programs' objectives with regards to wood-soil contact removal. v) control of the transport and disposal of infested debris. '!'he Ministry of Environment, in addition to the finan- cial assistance offered to municipalities, is dedicated to assisting municipaiities with educational material, inspector training and infestation monitoring (through summer student surveys). More detailed information pertaining to the above guideltnes is available in the following references: I. 1'he Green Paper - A report on the Termite Control Program, November, 1982. 2. '¡',-,noi tt~s in Ontl1rio, Ministry of the Environment 1'111>1 iCflLion, Revised 1904. . , . . ,~ ..'