PROVINCE DE QUÉBEC VILLE DE MONTRÉAL ARRONDISSEMENT DE PIERREFONDS-ROXBORO BY-LAW CA29 0018 BY-LAW CONCERNING OCCUPANCY OF PUBLIC PROPERTY At the Borough of Pierrefonds-Roxboro regular council sitting held in the borough hall situated at 13665, boulevard de Pierrefonds, in the said borough, on February 4, 2008, at 8 p.m., in conformity with the Cities and Towns Act (L.R.Q., Chapter C-19), at which were present: Mayor of the Borough Mrs Monique Worth Councillors Mrs. Catherine Clément-Talbot Mr. Christian G. Dubois Mr. Roger Trottier all members of the Council and forming a quorum under the chairmanship of the Acting Mayor of the Borough, Mrs. Catherine Clément-Talbot in the absence of the Mayor of the Borough Mrs. Monique Worth. Councillor Mr. Bertrand A. Ward is absent. Were also present, Mr. Jacques Chan, Director of the Borough, and M e Suzanne Corbeil, Secretary of the Borough. CONSIDERING sections 67 and 67.1 of Annex C of the Charte de la Ville de Montréal (L.R.Q., chapter C-11.4); THE BOROUGH COUNCIL ENACTS THE FOLLOWING: SECTION I GENERAL DISPOSITIONS SUB-SECTION 1 DEFINITIONS 1. In the present by-law, the following words signify : "authority having jurisdiction" : Directors of the Urban Planning Department and Public Works Department and their representatives authorized to act in their name; "public property" : streets, lanes, public squares and places, including sidewalks, medians, off-street bike paths and the right of way beyond a public thoroughfare, parks and public gardens; "right of way beyond a public thoroughfare": the part of a public thoroughfare between the edge of a roadway or the sidewalk and the line of bordering properties;
"street furniture": trees, shrubs, benches, bollards, dry fire hydrants, fire hydrants, benchmarks, speed bumps, cables, gate chambers, fences, conduits, fountains, grates, lampposts, monuments, walls, low walls, street signs, parking meters, poles, waste containers, catch basins, containers for recoverable resources, manholes, street lights, pipes, vaults and other similar objects, whether useful or ornamental, put up by the city for its purposes. "occupancy": the fact, for a construction or a structure, of being on the ground, aboveground or underground; SUB -SECTION 2 AUTHORIZATION 2. No public property may be occupied without an authorization in accordance with this by-law. However, the present by-law does not apply to portable carports and garages installed in accordance with the zoning by-law 1047 of the former Ville de Pierrefonds. SUB -SECTION 3 PERMITS 3. Authorizations granted under article 2 must be covered by a permit. Every holder of a permit for the occupancy of public property must conform to the terms and conditions of occupancy prescribed herein. SUB -SECTION 4 REVOCATION 4. The issue of a permit under article 3 is conditional on the exercise by the city of its right of revocation at any time by means of a notice served by the authority having jurisdiction on the holder of a permit, setting the period at the end of which the constructions or facilities covered by the authorization must be removed from the public property. The authorization covered by a permit becomes void on the date of notice of revocation served under the first paragraph. 5. At the end of the period set in the notice of revocation, all constructions or facilities covered by an authorization must have been removed from the public property. 6. Revoked permits must be returned on request to the authority having jurisdiction. SUB -SECTION 5 REMOVAL 7. The authority having jurisdiction may temporarily or permanently remove any construction or facility that occupies public property: 1 without being covered by a permit; 2 under an expired permit; 2
3 under a revoked permit, where the removal period prescribed by the notice of revocation has elapsed; 4 in a way that constitutes a safety hazard; 5 where the holder has not paid the fees required under this by-law; 6 where the holder of an occupancy permit has not conformed to the notice provided for in the second paragraph; 7 where the city must urgently use public property for its own purposes. Where the authority having jurisdiction notes that the holder of a permit issued under this by-law occupies public property contrary to the by-laws or terms or conditions of the authorization covered by the permit, it serves a notice on the holder specifying the proper corrective measures to make the occupancy conform the occupancy, as well as a time limit to do so, beyond which period the holder's constructions or facilities will be removed. 8. The removal fees under paragraphs 1 to 5 of the first paragraph of article 7 are recoverable from the owner of a construction or facility or from the holder of a permit. SUB -SECTION 6 REGISTER OF OCCUPANCIES 9. The authority having jurisdiction must keep a register of all occupancy of public property. The register may be in the form of a computerized data bank. 10. The following are entered on the register: 1 the permit number and issue date; 2 the information recorded on the permit; 3 the information contained in the documents required to be granted a permit; 4 any subsequent alteration to the information provided, and the relevant date; 5 the reference to any revocation or removal that was carried out, and the relevant date. 11. Extracts from the register are provided on request, on payment of fees set in the bylaw concerning fees.. 12. All extracts from the register must bear the signature of the city employee authorized for that purpose. 13. Where an immovable for whose use an authorization to occupy public property was granted is alienated, the new owner may have the city enter his name on the original permit in the register and be provided with an extract confirming the alteration by submitting an application for that purpose to the authority having jurisdiction, with the fees set in article 11. 3
SUB -SECTION 7 TYPES OF OCCUPANCIES 14. The occupancy of public property for a continuous period of no more than a year is a temporary occupancy and, subject to subsection 4, the relevant permit is valid only for the authorized occupancy period. The period is specified in the permit and may not be extended beyond a year. At the end of that period, a new permit is required to continue occupying public property. 15. Permits for the temporary occupancy of public property apply in particular to: 1 the storage of materials or goods; 2 the installation of equipment, containers, scaffolds, site fences, temporary shelters, stages, bleachers or other structures or facilities. 16. The occupancy of public property for a continuous period of no more than 7 months a year is a periodic occupancy and, subject to subsection 4, the relevant permit is valid as long as its issue conditions are not amended and that fees for the right to occupy public property are paid in accordance with the by-law concerning fees that apply to every fiscal year for which those fees are payable. 17. Permits for the periodic occupancy of public property apply in particular to : 1 the installation of bike racks; 2 the layout of outdoor cafés or public markets where so authorized under urban planning by-laws. 18. The Borough Council may, by order, set the annual period authorized for periodic occupancies of public property. 19. The occupancy of public property for a continuous period of more than a year is a permanent occupancy and, subject to subsection 4, the relevant permit is valid as long as its issue conditions are not amended and that fees for the right to occupy public property are paid in accordance with the by-law concerning fees that apply to every fiscal year for which those fees are payable. 20. Permits for the permanent occupancy of public property apply in particular to: 1 an encroachment by a building; 2 an encroachment by a projecting construction ; 3 a sign; 4 a construction erected in the right of way beyond public property; 5 a structure of public utility; 6 an antenna structure or other telecommunication or energy transmission structure where so allowed under urban planning by-laws; 7 cables, poles, pipes, conduits and other similar facilities; 8 a tunnel or underground parking area; 9 a permanent aboveground shelter. 4
SUB -SECTION 8 GENERAL CONDITION 21. Any occupancy of public property, whether it is covered by a permit issued under this by-law or is authorized under another by-law, is conditional on the holder of the permit or the authorization being liable for all damage to property or to persons resulting from the occupancy, siding with the city and holding it harmless from any claims for damages. SUB -SECTION 9 FEES 22. Subject to the second paragraph and except where fees due under this by-law are, in accordance with this by-law, paid at the time of an application for authorization or issue of a permit, those fees must be paid no more than 30 days after an account is sent. At the end of that period, interest on any amount due to the city applies, at the rate and according to the calculation method provided for in by-laws. Where a maturity date for fees due under this by-law with respect to an occupancy period subsequent to the first is set in the by-law concerning fees, the interest on fees due to the city applies, at the rate and according to the calculation method provided for in by-laws 23. For fee application purposes, an occupancy of public property ends at one of the following dates : 1 the date of receipt by the authority having jurisdiction of the notice referred to in article 33 or 44, depending on whether it is a temporary or a permanent occupancy; 2 the date referred to in article 19; 3 the date of a removal carried out by the city under article 7; 4 the date it has actually ended, where it ends after the date referred to in paragraph 1 or 2. Where an occupancy ends, the fees for the right to occupy public property are adjusted, as the case may be, according to the number of days of actual occupancy during the current fiscal year. 24. For the occupancy of public property without a permit, under an expired or a revoked permit, or one of greater size that the one provided for in the permit, the occupancy fees are payable for the actual number of days and the actual size of the occupancy. The fees are payable by occupants of public property or by holders of an expired, revoked or non-conforming permit, as the case may be. 25. For the application of fees relating to periodic and permanent occupancies, the value of part of the public property that is occupied is established, revised and indexed as provided for in articles 26 to 28. 5
26. Where an occupancy is authorized for the use of an immovable whose land is next to the occupied part of public property, the value of public property is determined by pricing it at the value of the land entered on the property assessment roll for the current fiscal year when the permit is issued. Where an occupancy is not authorized for the use of an immovable or where an immovable for which use it is authorized is made up of more than one lot, the value of public property is determined by pricing it at the average value of all lots next to the occupied part of public property, entered on the property assessment roll for the current fiscal year when the permit is issued. The value obtained under the first or second paragraph, as the case may be, is then carried over, so much a square metre, to the area of the occupied part. Where the value of the occupied part of public property, calculated in accordance with the first, second and third paragraphs, is higher or lower than its actual value, considering factors such as the size of the occupied part, its configuration, the proposed use, the soil quality, the facilities and municipal services situated or to be situated there for the purposes of the proposed occupancy, and the location of the underground, on the ground or aboveground occupancy, that value may be reduced or increased because of such factors. 27. The value of public property established under article 26 is revised every 9 years for every periodic or permanent occupancy of public property authorized under this bylaw, as of the fiscal year during which the permit relating to that occupancy was issued. 28. The value of public property established under article 26 or revised under article 27, as the case may be, is, at the effective date of every new property assessment roll, indexed upward or downward according to the upward or downward percentage applicable to the value of lots entered on the property assessment roll of the district where the occupied part of public property is located, when the roll is deposited. 29. Where an immovable for which use a permanent occupancy is authorized is alienated, the occupancy fees are collected from the next owner of the immovable whose name appears on the property tax collection roll for the fiscal year concerned. SECTION II SPECIAL PROVISIONS RELATING TO TEMPORARY OCCUPANCIES SUB -SECTION 1 PERMITS 30. Where the authority having jurisdiction decides to authorize a temporary occupancy of public property, an applicant for the authorization may be granted a permit by meeting the following requirements: 1 provide the authority having jurisdiction, on request, proof that he carries liability insurance for the amount set by the authority having jurisdiction; 6
2 pay the following fees to the city: a) permit fees; b) fees for the right to occupy public property for the authorized number of days of occupancy. The fees referred to in paragraph 2 of the first paragraph are those set in the by-law concerning fees for the current fiscal year on the first day of the authorized occupancy. The liability insurance required under paragraph 1 of the first paragraph must be kept in force for the full occupancy period, including the extension period referred to in article 31, and every holder must submit proof of it to the authority having jurisdiction, on request. 31. Subject to article 14, holders of the permit referred to in article 30 who request an extension of the authorized occupancy period must apply to the authority having jurisdiction. If the extension is granted, the authority who has jurisdiction issues a permit to the holder on payment of fees for a temporary occupancy permit and occupancy fees for the extension period, as set in the by-law concerning fees for the current fiscal year on the first day of the extension period.. 32. A temporary occupancy permit contains the following information: 1º the holder's name, address and occupation; 2º the names and firm names of contractors carrying out the work, and other agents, as the case may be; 3º the identification of the immovable for which use the occupancy is authorized, as the case may be, by lot numbers and address of buildings erected there, if any; 4º the identification of the site of the occupancy and the size of public property that is occupied; 5º a description of the structures and objects that will occupy the public property, and of the type of work that could be carried out on the site; 6º the authorized occupancy period; 7º the public safety measures and public property safety measures to be taken, as the case may be; 8º the other terms and conditions of the authorization that the authority having jurisdiction may determine; 9º the indication that the authorized occupancy consists of the occupancy of a street, as the case may be; 10º the text of articles 4, 7 and 21. 7
SUB-SECTION 2 OBLIGATIONS OF HOLDERS 33. At the end of the authorized occupancy period, every permit holder must vacate the public property and remove all waste resulting from the occupancy. A notice of completion of work must also be given to the authority having jurisdiction. Holders who cease to occupy public property before the end of the period must also conform to the first paragraph. 34. The cost of rebuilding public property that was damaged as a result of the occupancy, of putting back in place street furniture temporarily removed or moved, of repairing or replacing damaged or lost street furniture, is at the holder's expense. SECTION III SPECIAL PROVISIONS RELATING TO PERIODIC OCCUPANCIES SUB-SECTION 1 PERMITS 35. Applications filed with the authority having jurisdiction for a periodic occupancy of public property must provide : 1º the applicant's name, address and occupation; 2º the name and address of the establishment operated by the holder and, where he owns the immovable where it is located, the identification of the immovable by lot numbers and address of buildings erected there; 3º the purposes for which the occupancy of the public property is requested; 4º the structures and objects that will occupy public property, the type or work to be carried out and the activities to be practiced there. Every application must be submitted with : 1º a preliminary plan in 2 copies specifying the size and site of the proposed occupancy; 2º for outdoor cafés, proof that an applicant is the operator of the establishment for which use the occupancy is requested, and that he is authorized by the owner to operate on public property for that purpose or that he owns the immovable where the establishment is located, as the case may be; 3º the payment of fees set in the by-law concerning fees for the opening of files and the preliminary review of an application, for the current fiscal year on the first day of occupancy. 36. Where, on filing of an application in accordance with article 35, the authority having jurisdiction decides to authorize the occupancy, it informs the applicant and issues the required permit provided he meets the following requirements: 1º provide the authority having jurisdiction, on request, proof that he carries the insurance referred to in paragraph 1 of the first paragraph of article 30; 2º file with the authority having jurisdiction a plan and technical description of the authorized occupancy, signed and sealed by a land surveyor; 8
3º pay the fees for the right to occupy public property that apply to the first occupancy period, as set in the by-law concerning fees for the current fiscal year on the first day of occupancy. 37. A periodic occupancy permit contains the following information : 1º the holder's name, address and occupation; 2º the identification of the establishment operated by the holder and, if he owns the immovable where it is located, the identification of the immovable by lot numbers and address of buildings erected there; 3º the identification of the site of the occupancy and the size of public property that is occupied; 4º a description of structures and objects occupying public property, the type of work to be carried out and activities to be practised there; 5º the purposes for which the occupancy of public property is authorized; 6º the authorized occupancy period; 7º the public safety measures and public property safety measures to be taken, as the case may be; 8º the other terms and conditions of the authorization that the authority having jurisdiction may determine; 9º the text of articles 4, 7 and 21. 38. The liability insurance required under paragraph 1 of article 36 must be kept in force for the full occupancy period, and the amount must be indexed every 5 years at the rate determined by the authority having jurisdiction. Every holder must submit proof, on request, to the authority having jurisdiction, that he conforms to the first paragraph. SUB-SECTION 2 OBLIGATIONS OF HOLDERS 39. Holders of a periodic occupancy permit must, at the end of every occupancy period covered by a permit, vacate the public property and remove all waste resulting from the occupancy. Article 34 applies to every occupancy period covered by this article. SECTION IV SPECIAL PROVISIONS RELATING TO PERMANENT OCCUPANCIES SUB-SECTION 1 PERMITS 40. Applications filed with the authority having jurisdiction for a permanent occupancy must provide : 1º the applicant's name, address and occupation; 2º the reasons for which the occupancy is requested; 9
3º the type of construction or structure that will occupy public property, such as walls, balconies, marquees, stairways or parts of buildings. Every application must be submitted with: 1º proof that the applicant carries the insurance referred to in paragraph 1 of the first paragraph of article 30, on request by the authority having jurisdiction; 2º a copy of the title published in the land register, establishing that he is the last registered owner of the immovable for whose use the occupancy is authorized; 3º a preliminary plan in 2 copies indicating the size and site of the proposed occupancy; 4º the payment of fees set in the by-law concerning fees for the opening of files and preliminary review of applications, for the current fiscal year on the day of a permit. 41. Where, on filing of an application in accordance with article 40, the authority having jurisdiction decides to authorize the occupancy, it informs the applicant and issues the required permit provided he meets the following requirements: 1º file with the authority having jurisdiction a plan and technical description of the authorized occupancy, signed and sealed by a land surveyor; 2º pay the fees set in the by-law concerning fees for the right to occupy public property that apply to the first occupancy period, for the current fiscal year on the first day of occupancy. 42. A permanent occupancy permit contains the following information: 1º the holder's name, address and occupation; 2º the identification of the immovable for which use the occupancy is authorized, by lot numbers and, as the case may be, the address of buildings erected there; 3º a description of the type of construction or facility that will occupy the public property; 4º the authorized occupancy period; 5º the other terms and conditions that the authority having jurisdiction may determine; 6º the text of articles 4, 7 and 21. 43. The liability insurance required under paragraph 1 of the second paragraph of article 40 must be kept in force for the full occupancy period, and the amount must be indexed every 5 years at the rate determined by the authority having jurisdiction. Every holder must submit proof, on request, to the authority having jurisdiction, that he conforms to the first paragraph. 10
SUB-SECTION 2 OBLIGATIONS OF HOLDERS 44. At the end of the authorized occupancy period, permit holders must vacate the premises and remove all waste resulting from the occupancy. A notice of the end of occupancy must also be given to the authority having jurisdiction. Article 33 applies to occupancies covered by this article. SECTION V PENAL PROVISIONS 45. Any person who contravenes a provision of this by-law relating to periodic occupancies is guilty of an offence and is liable : 1º in the case of an individual: a) for a first offence, to a fine of $100 to $300; b) for a second offence, to a fine of $300 to $500; c) for a subsequent offence, to a fine of $500 to $1000; 2º in the case of a corporation : a) for a first offence, to a fine of $200 to $600; b) for a second offence, to a fine of $600 to $1000; c) for a subsequent offence, to a fine of $1000 to $2000. 46. Any person who contravenes a provision of this by-law other than a provision referred to in article 46 is guilty of an offence and is liable: 1º in the case of an individual: a) for a first offence, to a fine of $200 to $600; b) for a second offence, to a fine of $600 to $1000; c) for a subsequent offence, to a fine of $1000 to $2000; 2º in the case of a corporation: a) for a first offence, to a fine of $400 to $1200; b) for a second offence, to a fine of $1200 to $2000; c) for a subsequent offence, to a fine of $2000 to $4000. SECTION VI OCCUPATIONS EXISTANTES 47. This by-law does not affect the validity of the decisions taken prior to its coming into force regarding the occupancy of public property by the former cities of Pierrefonds and Roxboro and former boroughs of Dollard-des-Ormeaux/Roxboro and Pierrefonds- Senneville. 11
48. The present by-law comes into force according to law. MAYOR OF THE BOROUGH SECRETARY OF THE BOROUGH 12
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