Acts and Regulations

2017, c.18 - Local Governance Act

Section 137
Disposition versions

Full text
Power to clean, repair or demolish
137(1)If an owner or occupier does not comply with a final and binding notice given under section 132 within the time set out in the notice, the local government may, rather than commencing proceedings in respect of the violation or in addition to doing so,
(a) cause the premises of that owner or occupier to be cleaned up or repaired if the notice arises out of a condition contrary to subsection 131(1),
(b) cause the building or other structure of that owner or occupier to be repaired or demolished if the notice arises out of a condition contrary to subsection 131(2), or
(c) cause the building or other structure of that owner or occupier to be demolished if the notice arises out of a condition contrary to subsection 131(3).
137(2)Subsection (1) does not apply in respect of a notice prepared and signed under subsection 139(1).
137(3)The costs of carrying out any work set out in subsection (1), including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government.
137(4)For the purpose of subsection (1), the by-law enforcement officer who gave the notice in respect of the premises, building or other structure and the authorized employees of the local government or other persons acting on behalf of the local government may, at all reasonable times, enter the premises, building or other structure in order to clean up or repair the premises or repair or demolish the building or other structure, as the case may be.
137(5)A local government or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the local government in the reasonable exercise of its powers under this section.
Power to clean, repair or demolish
137(1)If an owner or occupier does not comply with a final and binding notice given under section 132 within the time set out in the notice, the local government may, rather than commencing proceedings in respect of the violation or in addition to doing so,
(a) cause the premises of that owner or occupier to be cleaned up or repaired if the notice arises out of a condition contrary to subsection 131(1),
(b) cause the building or other structure of that owner or occupier to be repaired or demolished if the notice arises out of a condition contrary to subsection 131(2), or
(c) cause the building or other structure of that owner or occupier to be demolished if the notice arises out of a condition contrary to subsection 131(3).
137(2)Subsection (1) does not apply in respect of a notice prepared and signed under subsection 139(1).
137(3)The costs of carrying out any work set out in subsection (1), including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government.
137(4)For the purpose of subsection (1), the by-law enforcement officer who gave the notice in respect of the premises, building or other structure and the authorized employees of the local government or other persons acting on behalf of the local government may, at all reasonable times, enter the premises, building or other structure in order to clean up or repair the premises or repair or demolish the building or other structure, as the case may be.
137(5)A local government or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the local government in the reasonable exercise of its powers under this section.