2010-Early Break With By-Laws: Building A House: Residents Feel Abused
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- Blip
2010-Early Break With By-Laws: Building A House: Residents Feel Abused
On October 30, 2008, City Council approved a right-of-entry bylaw for the City of Toronto. The new bylaw replaced those of the former municipalities and came into force on February 28, 2009. An amendment to the bylaw was adopted by City Council on August 6, 2009. For additional details please see the legislative history. The following information is provided for convenience only. Bylaw provisions and other requirements are provided in simplified form. For the official text of the bylaw please contact the City Clerk. Overview of the bylaw Back to top The right-of-entry bylaw provides the right to access a neighbour's land when it is necessary to effect repairs and alterations to one's own property and such access is not granted by the neighbour. No permit is required if all parties are in agreement with respect to the access. Even if there is no permit, the general provisions under the City of Toronto Act still apply, mainly that: * Access shall take place at reasonable times and only to the extent necessary to carry out the repairs; * Reasonable notice shall be given respecting the access; * The adjoining land shall be brought back to its original condition to the extent practicable; and * Compensation shall be provided for any damages caused by the entry or anything done on the adjoining land. If entry is not granted by a neighbour, the new City-wide bylaw requires that the person seeking access apply for a permit. The application form must detail why access is sought, how it will be carried out, whether it will entail distressing the neighbour's land, and how the neighbour's land shall be brought back to its original condition. In addition, it requires that the neighbour be an additional insured on the policy of the owner seeking access. The owner or occupant of the land to be accessed will be advised by the City of any application to enter his or her property. The notice shall provide the relevant particulars so that if there are any extenuating circumstances that could interfere with, or otherwise have an impact on, the proposed access, the owner or occupant of the land to be accessed can present them to the District Manager. He or she will, in turn, determine the specific terms and conditions (including the amount of the security deposit) under which entry will take place. Once the permit is issued, the owner or occupant of the land to be accessed is notified of the issuance and a copy of the relevant terms and conditions of the permit is provided. Please note that it is a statutory offence to obstruct or hinder lawful access under a permit and that doing so may result in action by way of the Provincial Offences Court, and if convicted, make the offender liable to a fine or penalty as provided for in the Provincial Offences Act. Find out more about the bylaw and its application by reading ;The Noise Chapter provides standards for noise and applies to all properties within the City of Toronto. The purpose of the by-law is to reduce the impact of unwanted sound on the residents of the City. The general prohibition prevents persons from making, causing or permitting any noise, at any time, which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the City. A further amendment to the Noise Chapter applies to construction noise. Operating vehicles or equipment in connection with the construction of any building after 7:00 p.m. and before 7:00 a.m. Monday to Friday is considered a violation (7:00 p.m. to 9:00 a.m. on Saturday and all day on Sunday and statutory holidays). If you are experiencing noise-related problems, contact your District Office and an Officer will investigate the complaint. Any person can make an application for an exemption to any noise prohibition described in the Chapter. (See 591-10 of the Municipal Code for further details.)
Blip | October 31, 2010
