BY-LAW NO. 11-285
(Amended October, 2021)
NOISE CONTROL BY-LAW Page 10 of 12
(c)
require information in writing or otherwise as required by the Director or an officer
from any person concerning a matter related to the inspection; or
(d)
alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of the
inspection.
(7)
The Director may require the person responsible to pay any costs incurred by the City in
exercising its authority to inspect under subsection 7(6), including but not limited to the
cost of any examination, test, sample or photograph necessary for the purposes of the
inspection.
(8)
The Director or an officer may undertake an inspection pursuant to an order issued by a
provincial judge or justice of the peace under section 438 of the Municipal Act, 2001, in
accordance with the conditions set out in that section, where he or she has been
prevented or is likely to be prevented from carrying out an inspection under subsections
7(5) or 7(6).·
Orders and other Documents including Delivery
(9)
If an officer is satisfied that a contravention of this By-law has occurred, he or she may
make an order requiring the person who contravened the By-law or who caused or
permitted the contravention or the owner or occupier of the property on which the
contravention occurred to discontinue the contravening activity.
(10)
An order under subsection 7(9) shall set out:
(a)
reasonable particulars of the contravention adequate to identify the contravention
and the location of the property on which the contravention occurred; and
(b)
the date or dates by which there must be compliance with the order.
(11)
If an officer is satisfied that a contravention of this By-law has occurred, he or she may
make an order requiring the person who contravened the By-law or who caused or
permitted the contravention or the owner or occupier of the property on which the
contravention occurred to do work to correct the contravention.
(12)
An order under subsection 7(10) shall set out:
(a)
reasonable particulars of the contravention adequate to identify the contravention
and the location of the property on which the contravention occurred;
(b)
the work to be completed;
(c)
the date or dates by which the work must be completed; and
(d)
notice that if the order is not complied with, then the work may be done at the
expense of the person who contravened the By-law or who caused or permitted the
contravention or the owner or occupier of the property on which the contravention
occurred.
(13)
Delivery of an order to discontinue a contravening activity made under subsection 7(9) or an
order to do work made under subsection 7(11) or of any other document under this By-law
may be given personally or by registered mail to the last known address of:
(a)
in the case of an order to discontinue a contravening activity made under subsection
7(9) or an order to do work made under subsection 7(11), the person who contravened
the By-law, or the owner or occupier of the property where a contravention occurred;