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Ottawa rental apartment heat by-law


Ottawa By-law Number 201-89


A by-law of the Corporation of the City of Ottawa respecting the maintenance of adequate heat in rented dwelling accommodation.

WHEREAS by paragraph 69 of Section 210 of the Municipal Act, R.S.O. 1980, Chap. 302, as amended, the Council is authorized to enact by-laws for requiring the maintenance of adequate and suitable heat for rented or leased dwelling or living accommodation that, as between tenant or lessee and the landlord, is normally heated by or at the expense of the landlord, for defining adequate and suitable heat for such purposes and for providing for the inspection of such dwelling or living accommodation;

AND WHEREAS it is expedient to enact as hereinafter set forth;

THEREFORE the Council of the Corporation of the City of Ottawa enacts as follows.

1. In this by-law "adequate and suitable heat" means between 11:00 p.m. of any day and 6:00 a.m. of the next following day an air temperature in the centre of each reasonably ventilated room of not less than 16.67 degrees Celsius (62 degrees Fahrenheit) and between 6:00 a.m. and 11:00 p.m. of any day an air temerature in the centre of each resaonably ventilated room of not less than 20 degrees Celsius (68 degrees Fahrenheit).

1A. In this by-law, (By-law 360-91)

  1. "Chief Property Standards Officer" means the Chief Property Standards Officer of the Corporation of the City of Ottawa or authorized subordinates or assistants, and (By-law 360-91)

  2. "Corporation" means the Corporation of the City of Ottawa. (By-law 360-91)

2. Every landlord of a building or part of a building which is rented or leased as dwelling or living accommodation and which, as between the tenant or lessee and the landlord, is normally heated by or at the expense of the landlord shall maintain at all times adequate and suitable heat therein.

3. The chief Property Standards Officer of the Corporation of the City of Ottawa shall enforce the provisions of this by-law. (By-law 360-91)

3A.

  1. When a landlord does not maintain at all times adequate and suitable heat pursuant to Section 2, the Chief Property Standards Officer shall issue a Notice to the landlord of the building or part of a building which is rented or leased as dwelling or living accommodation and which, as between the tenant or lessee and the landlord, is normally heated by or at the expense of the landlord, at the landlord's last known address, requiring the landlord to maintain at all times adequate and suitable heat therein and the Notice shall specify the time allowed for compliance. (By-law 360-91)

  2. The Notice referred to in subsection (1) shall be served or caused to be served, (By-law 360-91)

    1. by personal service, or (By-law 360-91)
    2. by prepaid registered mail. (By-law 360-91)

  3. Where a Notice has been served pursuant to this section and the requirements of the Notice have not been complied with, the Corporation may cause the work to be done at the expense of the landlord. (By-law 360-91)

  4. When the Corporation causes the work to be done pursuant to subsection (1), the Corporation shall have a lien for any amount expended by or on behalf of the Corporation and for an administrative fee of ten (10%) per cent of any amount expended by or on behalf of the Corporation, and the certificate of the clerk of the Corporation as to the total amount expended shall be admissible in evidence as prima facie proof of the total amount expended and such total amount together with the administrative fee shall be deemed to be municipal real property taxes and shall be added to the collector's roll of taxes to be collected and shall be subject to the same penalty and interest charges as real property taxes and shall be collected in the same manner and with the same remedies as real property taxes. (By-law 360-91)

  5. Before the certificate of the clerk of the Corporation is issued under subsection (4), an interim certificate shall be delivered to the owner of the property that is subject to the lien, as well as to all prior mortgagees or other encumbrancers and the affected owner, mortgagees or other encumbrancers shall have two (2) weeks from the date of receipt of the interim certificate to appeal the amount shown thereon to the council of the Corporation. (By-law 360-91).

4. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction is liable to a fine of not more than Five Thousand ($5,000.00) Dollars, exclusive of costs. (By-law 45-91)

5. By-law Number 118-75 entitled "A by-law of the Corporation of the City of Ottawa respecting the maintenance of adequate heat in rented dwelling accommodation", as amended, is repealed.

GIVEN under the corporate seal of the City of Ottawa this 6th day of September, 1989.



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