Prohibit Excessive Protective Elements to Land

Type
By-law
Number
113-2012

CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 113-2012

EXCESSIVE FORTIFICATION OF LAND

BEING a By-Law to regulate the fortification of and the application of protective elements to "land" and to prohibit the excessive fortification of land or excessive protective elements being applied to "land";

WHEREAS, pursuant to Section 133 of the Municipal Act, 2001,as amended, the Council of a municipality may pass a by-law to regulate the fortification of and protective elements applied to "land" and may prohibit the excessive fortification of "land" or excessive elements being applied to "land";

AND WHEREAS, the Council of The Nation Municipality deems it desirable to pass a by-law in this regard;

THEREFORE, the Council of The Nation Municipality enacts as follows:

1- For the purposes of this By-Law, "land" means land, including buildings, mobile homes, mobile buildings, mobile structures, outbuildings, fences, erections, physical barriers and any other structure on the land or on or in any structure on the land;

2- Subject to Section 3 of this By-Law, it is prohibited to add to any land the following fortifications or protective elements:

a) A watch tower;

b) A window made of plate glass or any other bullet-proof material;

c) An armored, tempered steel or specially reinforced door;

d) A wall or partition reinforced with metal plates or concrete blocks;

e) An enclosure or rampart made up of metal plates or concrete blocks;

f) A fence crowned with barbed wire;

g) One or several bullet proof shutters, or one or several bullet proof curtains;

h) An exterior camera or surveillance system directed towards neighboring private or public properties;

i) Wire netting or metal bars installed on doors and windows (except those for basements or cellars);

j) All other excessive fortification or excessive protective elements other than fire or alarm

3- The provisions of Section 2 of this By-Law do not apply to the following:

a) Banks;

b) Financial establishments;

c) Jewelry stores;

d) Electrical stations;

e) Telecommunications stations;

f) Jails;

g) Police stations;

h) Fire stations;

i) Civil protection stations;

j) Any other buildings that house executive, legislative and legal

4- Any owner of land with excessive fortifications erected or to be erected, who is in contravention of this By-Law, shall perform remedial work in respect of the land, at the owner's expense, so as to comply with the provisions of this By-Law.

5- All remedial work to be done on the land to correct the contravention shall be completed within three (3) months of the receiving of the notice from the Chief Building Official.

6- No building permit shall be issued under the Building Code Act if the proposed building, construction or use contravenes this By-Law.

7- The Nation Municipality's Chief Building Official may enter and inspect any property, at any reasonable time, in order to determine if the land is in contravention of this By-Law.

8- Any notice issued by The Nation Municipality's Chief Building Official shall be in the form of a "Work Order" setting out the following:

a) The municipal address and/or legal description of the property;

b) The specific reasons for the contravention to this By-Law and the remedial work to be done, as well as the timeframe within which the work is to be completed; and

c) A statement that, if the remedial work is not completed within the specified timeframe, The Nation Municipality may, at any reasonable time, enter the land to complete the work or have the work completed, at the owner's

9- If the owner does not complete all remedial work within the maximum period of three (3) months, The Nation Municipality may, at any reasonable time, enter the premises to complete the work or have the work completed at the owner's expense.

10- Any person who contravenes any provision of this By-Law is guilty of an offence and, upon conviction, is liable to a fine as set out under the authority of the Provincial Offences Act, S.O. 1990, Chapter P.33, as amended.

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 30th DAY OF JULY, 2012.

Francois St. Amour, Mayor

Clerk

SEAL

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