HomeMy WebLinkAboutKIN 84 4590 Control of Termites
THE CORPORATION OF THE TOWN OF KINCARDNE
BY-LAW NO. 4590
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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.
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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.
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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.
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Read a Third time and Finally Passed this 1st day of March, 1984.
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l\1'I'Jo:NIJ I X j l
¡;:XC¡':RP'I'lm "'110M PI\JU\GH1IPII 210 MUNICIPAT, AC'I'
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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,
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1\i'i'I,:I-JIJJX l.l
~~_ÇERP'l'lmXI~Q.~_XARJ\G~^-Pfl 210 MUNICIPAL AC'!'
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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.
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Ai'PI,;NIJIX III
GUIDl~LIN[,S Fall A ['[,ANN':/) '1'':nMI'l'g CON'l'ROr, PIWGRAM
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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:
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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.
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