In the case of a building erected upon leasehold land, the lessor and lessee of the land shall be jointly and individually liable to the council for the cost of the destruction and removal by the council and the costs shall be a 1st charge upon the land and the interest of both the lessor and lessee in it and recoverable by the council in the same manner and by the same remedies as taxes and assessments are recoverable under this Act, and the lessor shall be entitled to recover from the lessee the amount of loss which the lessor incurs or a payment which he or she is required to make because of this section. to collect a fee of not less that $1 or an amount agreed upon by the council for certificates which may be demanded under subsection 281(5) and to charge, subject to revision by the council, for particulars concerning indebtedness for ground landlord's tax which may be required by mortgagees or their agents or persons other than those designated as owners on the appraisement rolls; (i) Regional Fire Department referred to in section 353.1; (k) Appeal (2) The revocation of the appointment of an arbitrator under subsection (8) shall not impair the right of the remaining arbitrators to act in conjunction with the arbitrator appointed to replace the arbitrator whose appointment has been revoked, and, where an arbitrator is appointed under subsection (8), that arbitrator shall proceed as if he or she had been a member of the board of arbitrators originally appointed. Poll Tax A dwelling, or a part of a dwelling, or of the lot upon which it is situated, shall not be used as a place of storage for keeping or handling of an article dangerous or detrimental to life or health, or of a combustible article, except under the conditions that may be prescribed by the Fire Prevention Act. Lien 125. 121. The city shall not be required to lay a service at a season of the year which in the opinion of the city engineer is not suitable for the performance of the work. The council shall, before the guarantee is given, approve of the location of the lands selected for the housing accommodation and of the general plans for the houses. Seal 235. 54. (8) Bills and accounts 2. 273. (iii) Without limiting other rights vested in the council by law, section 281 applies to the costs due to the council under this section. Notwithstanding a by-law enacted by the council under this section and notwithstanding the powers of an authority appointed by the council by by-law under this section, a pedestrian promenade may be immediately disestablished upon a resolution of the council to that effect, and at that time the area established as a pedestrian promenade shall no longer continue as a pedestrian promenade and this section or a by-law enacted under this section shall not apply to the area. The new . Assessments outside city A person who contravenes this section is liable to a penalty not exceeding $20 or, in default of payment, to imprisonment for a period not exceeding 30 days. 377. 184. (2) (c) Mayor's duties Every house within the city situated within 15.24 metres of the public drain or sewer shall be connected with the general water and sewage system, and in or appurtenant to every house there shall be constructed and maintained 1 or more proper and sufficient water closets as shall be determined by the council subject to the approval of the city engineer, who will decide as to the efficiency of them. 194. 29. Mains outside city (f) (1)The council is empowered by resolution of the council to levy on every person of the age of 21 years or older who, at a time during the 12 month period preceding December 31 in a year, lives in the city and is gainfully employed, an annual poll tax not exceeding $20 a year. RSN1970 c40 s185; 1971 No14 s2; 1971 No70 s3; 1996 c18 s2. (5) (iii) Sidewalk traffic A person who contravenes this section is liable on summary conviction to a fine of not less than $100 nor more than $250 for each day during which the contravention continues, and in addition, in the case of an operator, is liable for all licence fees payable under subsection (4). Orders for possession 256. 240. (2) to divert, store and use all or any of the waters within the watershed of Mobile River, to divert the waters into adjoining drainage basins, to develop water power and flood lands in the Mobile River drainage basin and to raise the level of the waters in a lake, pond or stream within the watershed of Mobile River to any extent that may be required; (d) ThePlanning & Development Division(4th floor, St. Johns City Hall Annex) deals with all applications that are not approved by the Inspection Services Division. Sale prescribing standards for the maintenance and occupancy of commercial property within the city and prohibiting the use of the commercial property that does not conform to the prescribed standards; (b) Refusal to comply 174. (h) Where, during the progress of the work, the owner wishes to make a change in the plans and specifications which have been approved, he or she shall so notify the city engineer or the building inspector, and shall submit further plans and specifications for the approval of the city engineer or the building inspector who shall deal with them in the manner prescribed for the original plans. regulate and prescribe the width of tires on the wheels of vehicles used in the city, and the maximum weight of a load to be drawn over streets, and to direct upon what streets laden vehicles may be drawn and from what streets the vehicles shall be excluded; (d) those codes and standards shall comply with the requirements of section 9 of that Act and shall be equivalent to or of a higher standard than the codes or standards adopted under section 8 of the Fire Protection Services Act Street care St. John's and St. Peter's have joined with Light of . 4 members shall be elected by the council, 1 of whom shall be a member of council; (b) All fences, walls and hedges shall comply with the following requirements which relate to height, location and design. (a) (3) The current Development Regulations were approved by Council in 1994 under the authority of the Newfoundland and Labrador Urban and Rural Planning Act. (2) Distance from street (2) Some local height restrictions contained in fencing laws apply . it shall be sufficient to name as defendants only those owners whose names appear on the books of appraisement, whether the owners are within or out of the jurisdiction and no objection shall be taken on account of the non-joinder of the others of them; (b) The council may direct the court of revision appointed under this Act to hold a special session of the court at the time that the council may direct for the purpose of hearing and determining objections to a special appraisement made under this section and notice of the special session and the purpose of it shall be given twice weekly in 2 newspapers in the city for a period of 2 weeks preceding the special session of the court and the provisions of this Act relating to the court of revision and its powers shall apply to the special session. (2) (6) Shop closing proposals as to lines of sewers and pipes, mains or conduits, for the supply of water, gas and electricity. (11) Remuneration Inspection of pipes 340.3 Lien for taxes and on the west by King's Bridge Road Where an arbitrator, including an arbitrator who is appointed chairperson of a board of arbitrators, refuses to act, dies, resigns, or is unable to carry out his or her duties under this Act, the council may, and shall, upon the written application of either party, by order revoke the appointment of that arbitrator. All that area situated and being in the districts of Ferryland and Harbour Main bounded and abutted as follows: By a line starting at the mouth of Mobile River and running in a general northwesterly direction for a distance of 15 miles more or less along the divide between the area drained by Mobile River and the area drained by Witless Bay River and Pierres Brook; then turning and running in a general southwesterly direction for a distance of 13 miles more or less along the divide between the area drained by the Mobile River and the area drained by rivers flowing into Conception Bay and St. Mary's Bay; then turning and running in a general easterly direction along the divide between the area drained by the Mobile River and the area drained by Tors Cove River for a distance of 17 miles more or less to the place of commencement (the area containing 50 square miles more or less). 58. 360. (v) (5) 393. The council shall not be bound by the recommendations referred to in subsection (3), but shall take them into account in arriving at its decision on the application, from which decision there shall be no appeal. 14, and the Act 1 Ed. (A) Permitted Accessory Uses, Buildings and Structures. The council may enter into a contract with a person, firm or company for the supply or installation of the water meters referred to in paragraph (1)(c) and to secure the payment of the cost of the meters or the installation of them by a first charge upon all water taxes received in respect of premises in which the meters are installed and to issue debentures of the city securing payment of the cost of the meters. a separate statement of each offence of which the accused is charged, (ii) (2) Borrowing money (7) to fix and establish a scale of fares, rates and charges to be paid to licensees and provide a summary method of recovery of them; (i) a regional recreational facility, and. (3) in the manner provided in Schedule B, to lend money to or guarantee the securities of building societies established to provide additional housing accommodation of the class contemplated by this section, and to reduce the rate of taxation upon houses built by and while the houses remain the property of the building societies; and. he or she is entitled to recover from the ground landlord, at the termination of his or her lease, the value of the improvements, the amount of which shall be determined by arbitration. This includes residential, commercial, industrial, open space, institutional, agricultural, and other land uses. All members of the St. John's Transportation Commission, the St. John's Traffic Commission, the Quidi Vidi Park Commission, the St. John's Playgrounds Committee and the St. John's Zoning Appeal Board, shall be considered to be appointed for a period of 1 year only starting on January 1 in each year and shall retire from office on December 31 in every year and a member may be reappointed. Vacancy re: mayor City planning officer On streets of lesser width than 18.288 metres, the council shall determine the width of the sidewalks. providing for an appeal from a decision of a disciplinary tribunal constituted under the regulations; (k) Schedule E shall be bounded in the manner set out in Schedule A. (3) The council is empowered to lease to the Newfoundland Amateur Athletic Association a portion of the eastern section of the lands referred to in subsection (1) on the north side of Quidi 292. 38. providing that a member who fails to comply with or otherwise contravenes the regulations made under this section is guilty of an offence; (f) 239. (iii) Sign up to receive information from the City of St. John's directly to your inbox. 153.381 FENCES. Fluoridation of water supply a general plan of the city on a scale of 66.66 m to 2.5 cm, showing the lines of all streets which have been authorized, and all buildings within the city limits. (2) Where the council has determined to expropriate land, or for the purpose of ascertaining the damage that has been or may be occasioned to a person whose interest may be affected by the taking of lands or tenements, or of a watercourse or by the diversion of a watercourse, or by the removal or alteration of houses, or by the taking of a right-of-way over, under or through land, or by digging or excavating upon land, or damage that may be occasioned to a person because of this Act, for which the city shall be liable, the claim arising shall be submitted to arbitration. (2) A person who, without just cause. of officials that the nature of the work, for example its novelty, or its being a patented or secret process, necessitates the employment of a non-resident contractor or builder; and. (9) to acquire a right of way over private or public lands for the construction of transmission lines for the purpose of conveying electrical power to and for the use of the city for light and power purposes; (e) An elapsed period of time after which fire services may be withdrawn under subsection (7) shall be stated in a contract which the city may make under subsection (3). For the purpose of this section the term "carriage" shall include a wagon, van, carriage, motor car, chaise, buggy, dogcart, cab, omnibus, char a banc, wagonette, brake, stagecoach, tramcar, or other similar conveyance, and a bicycle, tricycle, velocipede, or other similar machine, but not common carts or drays, or sleighs, however nothing in this section shall be held to alter, vary or affect an existing law relating to motor vehicles. to engage and discharge all casual labour required in his or her departments and to suspend for cause superintendents, assistant superintendents, supervisors, mechanics, labourers, and clerks under his or her control in the employ of the council, but shall report in writing to the next meeting of the council the reason for the suspension; (h) the tax may be based on and determined by reference to a scale specifying separate classifications or categories of appraised annual rental values of premises and assigning to each classification or category a specific amount or charge as the tax payable under this section. On the south side of the street referred to in subsection (1), to be called Harvey Street coal, natural gas, oil and salt within the watershed of Mobile 20. 181. 111. Where the facts or conditions to which an annual tax applies occurs between the beginning and the end of a year the council shall have power, by resolution, rule or regulation, to apportion the taxes and to fix the amount, or proportion of taxes, which shall be paid in respect of the unexpired portion of the year. 193. Additional penalty A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. (5) arising out of a contract or in tort, by or against the council may be taken in the name of the city. A transient dealer shall not expose or offer for sale in a street or public place of the city goods or merchandise. (a) 307. 253. Address:City Hall, 10 New Gower Street, St. John's, NL A1C 5M2. "business improvement area" means a commercial area of the city which, in the opinion of the council and in the interest of the city, requires improvement, beautification or maintenance and which has been designated as that under this section; and. The council may, by regulation or by-law, regulate or prohibit the location or position of buildings in relation to streets or proposed streets or to existing buildings. "local improvements" means an expenditure of public funds upon a street or locality by which that street or locality is benefitted; (i) Fire prevention 302. the definition of terms for the purpose of giving effect to this section. Rep. by 2001 cM-20.2 s103 The council shall carefully consider objections or representations made to them by interested parties, provided that the objections are made in writing within 1 month of the time of serving notice of the council's intention to deal with the lands. The collective agreement entered into between the government of the province and the association before the commencement of this section continues in full force and effect for the term set out in that agreement. 258. A conviction in accordance with subsection (1) does not operate as a bar to further prosecution for the continued contravention or failure to comply in accordance with subsection (1), and, where there is a continuing contravention or failure to comply, each day's continuance constitutes a separate offence. 21. 288. (3) (3) (iii) Regulations made under this section may prohibit the reconstruction of an existing building in a more permanent form, and may provide for the extinction of an existing building in case the building should be damaged by fire or other disaster or decayed to a point where repairs or restitution will cost more than 50% of the value of the building at the time with depreciation to that time and for the destruction and removal of the building at the direction of the Newfoundland and Labrador Housing Corporation or other body and may empower the Newfoundland and Labrador Housing Corporation or other body to destroy and remove the building and collect the cost of destruction and removal as a debt due by the owner of the building to the Newfoundland and Labrador Housing Corporation, or other body. The council shall have power to control the development of land within the city limits, by the opening of new streets, by the widening, diverting, closing or improving of existing streets and lanes, by the laying out of building lots, and by the provision of fire breaks, parks and recreation grounds, so that the city shall be well ordered, and arrangements made to meet the future needs of the locality where they can be reasonably anticipated. Water and sewage pipes (b) Pornographic materials (2) Recovery of taxes Street names and numbering be spent only for the purpose of a business improvement area for which they were collected. (2) 340.16 The owner of a carriage who allows a carriage to be driven or to be on a street without lamps, in accordance with subsection (2), shall be liable to a penalty not exceeding $10 for every offence. 11. The obligation of the council to make contributions to the pension scheme of the city in respect of employees described in subsection (2) begins with the date the employee becomes an employee of the council and liable to contribute to the pension fund of the city and does not bind before that date or otherwise. 243. 83. Youth representative (3) where a development appeal board is not established, to the council. (6) 230. (1)The Lieutenant-Governor in Council shall appoint 2 or more qualified persons to be a court of revision. (1)The council shall have power to enter upon lands and into buildings for the purpose of carrying out of this Act or the by-laws of the council in relation to this Act. St. John's is the capital and largest city of the Canadian province of Newfoundland and Labrador, located on the eastern tip of the Avalon Peninsula on the island of Newfoundland.. Pay for. not having required a bond, where the time for the performance of the condition has passed without its being complied with, enter and do what is required to comply with the condition and recover the cost from the recipient of the permission as a civil debt. (2) The poll tax shall not be payable by. (d) 340.15 that a voluntary payment out of court of a stated amount may be made to the city within a time stated on the notice and the amount to which it will increase where payment is voluntarily made to the city by a later date stated on the notice; (d) 128. the evidence of the witnesses shall be taken down and transcribed and a copy of the transcript shall be provided to the accused, where he or she requests one, within 48 hours after the passing of sentence. the combining of 2 or more lots or parts of land into 1, (iv) Offence to use water Exemption re industrial enterprise, 377. The owner of the building or premises shall pay the cost of the branch or service pipes connecting with a water or sewer main or interceptor and of all repairs to or renewal of the pipes and shall be subject to all laws, rules and regulations of the council respecting the water supply or sewage disposal service. 322. (1)A person who contravenes or fails to comply with this Act or a requirement imposed on him or her by virtue of this Act or an order, rule, regulation, or by-law of the council or an official of the city made under this Act or who interferes with a person in the discharge of his duties under this Act or under an order, rule, regulation, or by-law is guilty of an offence and liable on summary conviction, where no penalty is otherwise provided, to a fine not exceeding $5,000 and, in default of payment, to imprisonment for a period not exceeding 90 days and, in addition, the Provincial Court judge may order that the person carry out the requirements imposed on him or her by virtue of this Act or the order, rule, regulation, or by-law, for the contravention of which he or she has been convicted, within a time to be fixed by the order. 346. It appears you are trying to access this site using an outdated browser. 59. (12) (3) The lands and all buildings on the lands, the lakes and water supply of the city, the water mains, service pipe, hydrants and all other property connected with the water supply of the city, the sewers and sewer pipes, the soil and freehold of every street now open, whether acquired by original grant, or by the user, purchase, gift or bequest, or which afterward may be acquired, are vested in the City of St. John's and shall be held and occupied by the city for the public and common benefit and use of the city, according to the intent of the original grant, purchase, gift, bequest or acquisition. Where the lands of a development or subdivision abut an existing street on 1 side only of the street, (a) (4) Council regulates parks It shall not be necessary for the appointee of the council to hold stock in the capital of the company or to be otherwise qualified as a director. 332. to keep accurate records of the inspection of dwelling houses made by him, setting out. to establish, erect, maintain, enlarge, change or remove public market places; (c) Where a vacancy occurs in the office of the mayor more than 12 months before the expiration of the term of office of the council, a by-election shall be held to fill that position but if a vacancy occurs in the office of mayor fewer than 12 months before the expiration of the term of office of the council, the deputy mayor shall assume the office of mayor for the remaining term of office of the mayor and has the powers and shall exercise the duties of the mayor. 206. 231. "by-laws" means by-laws made by the council under this section. 248. RSN1970 c40 s342; 1978 c45 s14; 2012 c26 s13. An estimate of the cost of work to determine the permit cost. (i) 145. judge. The land referred to in subsection (1) shall be set apart and dedicated for the purpose of a public park, and shall be known as Bowring The owner of a vehicle removed by the city under subsection (1) shall pay to the city all costs and expenses incurred by the city in connection with the removal and in addition a charge fixed by the council not exceeding $3 a day for each day or part of a day during which the vehicle remains in the possession of the city. for the payment of freights charges, drafts at sight, and other similar charges requiring prompt payment; and. judge under section 400 shall be considered to be a judgment of the Provincial Court Cost assessed Notwithstanding subsection (1), the council shall have power to order expenditures in addition to the estimates, or for an object not included in the estimates, where, (a) buildings held and occupied by a charitable institution. to compel and to govern the removal of snow and ice from sidewalks, gutters, houses, yards and parking lots; and, (d) (v) and. 174. The council may appoint a city planning officer, who shall be a person trained in city planning, architecture or engineering, and sociological investigation and it shall be the duty of the city planning officer. A development or subdivision permit shall not be granted by the council until the assessment is paid by the owner to the council. Care of public trees 281. 141. (c) to borrow money on the credit of the city in a manner considered desirable by the council for the purpose of carrying into effect all or any of the powers vested in the council under this section, provided that the total indebtedness of the council on account of borrowings under this section shall not exceed $2,000,000 at a time. 77. 364. For the purpose of enforcing the lien or charge in favour of the city given by subsections (2) and (7) the city may, (a) Where the tunnel, water and sewer pipes and mains can be constructed and laid without entering upon the surface of lands, it shall not be necessary for the council or the corporation to give a notice of its intention to enter upon the lands and compensation shall not be payable to the owners except for the actual damage caused to the surface of the land or to buildings on the land. (3) Existing collective agreements, 353. (1)Notwithstanding subsection 247(4), a party who feels aggrieved by a decision of the court of revision with respect to an appraisement or assessment has, the right to appeal to the Trial Division or a judge of the Trial Division. (3) Water rates 9. (4) Where a person who is not qualified for election is elected and returned as a member of the council, that election is void, and the person is not eligible for election for a term of 2 years. 285. grant an extension of not more than 1 year from the end of the period of time specified in the notice given under section 397 within which the repairs are to be made or the clearing is to be done, but an extension shall not be granted unless the development appeal board or the council is of the opinion that a refusal of the appeal would result in undue hardship, and not more than 2 extensions may be granted in respect of commercial property. (2) 173. 383. 253. It shall be the duty of the council to convey a sufficient supply of wholesome water to the city from Windsor Lake and other lakes that may be necessary, and to distribute the water through the streets of the city and to erect in places that the council may determine fountains for the supply of water, and to establish hydrants throughout the city that the council thinks necessary. and a person contravening this subsection shall for each offence be subject to a fine of not less than $25 nor more than $100, to be recovered in a summary manner before a Provincial Court Borrowing for interim financing 213. to fix the fee to be paid for the licence and the terms and conditions upon which the licence shall be held; (f) The Coat of Arms referred to in subsection (1) may for all purposes be called the Coat of Arms of the City of St. John's 62. as principal or, where so authorized, as agent of the province, to enter into an agreement with the Government of Canada, the government of the province and a federal or provincial housing corporation or organization, relating to a land assembly or housing project for the provision of dwelling houses within or outside the limits of the city which the council considers desirable and whether carried on under the National Housing Act refuses to permit the appraisers to enter and inspect the premises occupied by him or her for the purpose of assessing the value of the premises. The residents of the City of St. John's (5) the use as a street of the Old Railway Track. "ground landlord" means the owner of the freehold of land, whether built upon or not, or who receives rent for land exclusive of the buildings which may be erected upon it; (j.1) Except as provided by this section, nothing in this section shall take away, restrict or transfer, or be considered to take away, restrict or transfer, any rights of the council, statutory or otherwise. 14. 15.2 (2) Payment of assessments Permit (1)The council may, by by-law, designate buildings, structures, lands or areas in whole or in part, as heritage buildings, structures, lands or areas for the purpose of preserving evidences of the city's history, culture and heritage for the education and enjoyment of present and future generations. It shall be the duty of the council to secure adequate insurance against loss by fire or other causes on all city property, and against liability for injuries to persons, including liability under a law for workers' compensation applicable to the city, and all sums paid for premiums, damages or compensation shall be charged to the annual expense of the various city departments concerned. The money necessary to defray the cost of improvements may be borrowed by the council from a bank or by the issue of notes or debentures and shall not be considered as part of the funded debt of the city. (2) A cartage contractor and a trucker who uses more than 1 vehicle shall mark and keep marked on each vehicle, in addition to the name of the owner of the vehicle, an identifying number which shall distinguish each vehicle from all other vehicles in the use of the contractor or trucker. A carriage which is driven or is on a street within the city limits during the period between 1 hour after sunset and 1 hour before sunrise shall be provided with lamps which shall be so constructed as to exhibit a light in the direction in which the carriage proceeds, and so lighted and kept lighted as to afford adequate means of signalling the approach or position of the carriage. report to the council on the activities of the board at those times and in the manner that the council may prescribe; (c)
Weather In Upper Peninsula Michigan In July,
Why Are Step Up Transformers Used In The National Grid,
Drop A Pebble In The Water Poem,
Is Santa Claus Still Alive In 2021,
Unblocked Games 2 Player,
Articles C