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HomeMy Public PortalAboutHousing Agreement Authorization Bylaw 1011TOWN OF OLIVER BYLAW NO. 1011 A Bylaw to Authorize Housing Agreements for Secondary Suites WHEREAS, the zoning bylaw of the Town of Oliver allows secondary suites in certain circum- stances, but only if the registered owner of the single-family dwelling associated with the sec- ondary suite has first entered a housing agreement with the Town under section 905 of the Local Government Act; AND WHEREAS, under section 905 of the Local Government Act, a local government may enter into housing agreements by bylaw; NOW, THEREFORE, the council of the Town of Oliver, in open meeting assembled, enacts as follows: 1. This bylaw may be cited for all purposes as “Housing Agreement Authorization Bylaw No. 1011, 2002.” 2. Where a housing agreement is required under Zoning Bylaw No. 720, 1993 as a condition on which a secondary suite is permitted, the signing officers of the municipality are hereby au- thorized to execute on behalf of the Town, a housing agreement in the form of, or substantial- ly in the form of, the housing agreement attached as Schedule A of this Bylaw. Read a first, second and third time on the 8th day of April, 2002. Adopted on the 27th day of May, 2002. “original signed by Mayor” “original signed by Clerk” ______________________________ ______________________________ Mayor Clerk Bylaw 1 011, 2002 Page 2 SCHEDULE A of Housing Agreement Authorization Bylaw No. 1011, 2002 Sample Housing Agreement This AGREEMENT dated for reference ________________________, _______ is BETWEEN: (the “Owner”) AND: Town of Oliver, a municipal corporation incorporated pursuant to the laws of British Colum- bia and having an address of 35016 – 97th Street PO Box 638 Oliver, BC V0H 1T0 (the “Municipality”) WHEREAS: A. The Owner is the registered owner of that parcel of land located in the Town of Oliver legal- ly described as: PID: ____________________ Lot _____, DL 2450s, SDYD, Plan ___________ (the “Land”); B. The Owner has applied to the Municipality to permit the construction, maintenance and oc- cupation of a Secondary Suite on the Land; C. The Municipality may, pursuant to section 905 of the Local Government Act, enter into a housing agreement with an owner of land that includes terms and conditions regarding the occupancy of dwelling units located on the land of the owner; D. It is a condition of the Zoning Bylaw that the Owner: (1) enter into a housing agreement with the Municipality; (2) register the housing agreement as a covenant in favour of the Municipality in respect of the use of the Land or construction of the Land, pursuant to section 219 of the Land Title Act; and (3) comply at all times with the provisions of the housing agreement as a condition of per- mitting the occupancy of a Secondary Suite on the Land; and E. The Owner and the Municipality wish to enter into this Agreement to satisfy the require- ments of the Zoning Bylaw with respect to occupancy of a Secondary Suite on the Land. Bylaw 1 011, 2002 Page 3 THIS AGREEMENT is evidence that, in consideration of the promises and covenants set out in the Agreement and the sum of One Dollar ($1.00) now paid by the Municipality to the Owner, and other good and valuable consideration, the receipt and sufficiency of which are acknowl- edged by the Owner, the parties covenant and agree with each other, pursuant to section 219 of the Land Title Act and section 905 of the Local Government Act, as follows: ARTICLE 1 INTERPRETATION Definitions 1.1 In this Agreement: (a) “Dwelling Unit” means a self-contained suite of habitable rooms including one or more sleeping areas, one or more bathrooms, living or entertaining space and exactly one kitchen; (b) “Principal Residence” means the principal Dwelling Unit within a detached single family house or within half of a duplex house; (c) “Secondary Suite” means one or more habitable rooms (used or intended for use as a resi- dence by one or more persons living as a single family unit), with self-contained sleeping, living, cooking, and sanitary facilities, and direct access to the open air, without passing through any part of the Principal Residence. The secondary suite unit is clearly subordinate to the principal dwelling unit; (d) “Zoning Bylaw” means Town of Oliver Zoning Bylaw No. 720, 1993 as amended from time to time, or as may be succeeded by a new bylaw regulating the use of land in the Town of Ol- iver. Purpose of Agreement 1.2 The Owner and the Municipality agree that this agreement intended to serve the public inter- est by ensuring that no Secondary Suite on the Land is occupied as a residence unless the Owner resides on the Land. ARTICLE 2 LAND USE RESTRICTIONS, HOUSING AGREEMENT AND COVENANT Land Use Restrictions 2.1 The Owner Agrees with the Municipality that: (a) The Land must only be used in accordance with this Agreement; (b) Only one Secondary Suite is permitted to be constructed and maintained on the Land; (c) The Secondary Suite must not be occupied as a residence except when the Owner is residing on the Land, either in the Secondary Suite or in the Principal Residence; Bylaw 1 011, 2002 Page 4 (d) If the Owner ceases to reside on the Land, either in the Secondary Suite or in the Principal Residence, the Secondary Suite must not be used for any purpose except storage of goods, unless all cooking appliances are removed from the Secondary Suite. Housing Agreement 2.2 For clarity, the Owner acknowledges and agrees that: (a) this Agreement constitutes both a covenant under s. 219 of the Land Title Act and a housing agreement entered into under section 905 of the Local Government Act; (b) the Town is required to file a notice of housing agreement in the Land Title Office against the title of the land; and (c) once such a notice is filed, it binds all persons who acquire an interest in the Land. Covenant 2.3 Every obligation and covenant of the Owner in this Agreement constitutes both a contractual obligation and a covenant granted by the Owner to the Municipality pursuant to section 219 of the Land Title Act in respect of the Land and this Agreement burdens the Land and runs with the Land and binds the Owner’s successors in title and binds every parcel into which it is consolidated or subdivided by any means, including by subdivision or by strata plan under the Strata Property Act. ARTICLE 3 GENERAL No Effect on Laws or Powers 3.1 This Agreement does not: (a) affect or limit the discretion, rights, duties or powers of the Municipality under any enact- ment or common law, including in relation to the use or subdivision of land; (b) affect or limit any enactment relating to the use or subdivision of land; (c) relieve the Owner from complying with any enactment, including in relation to the use or subdivision of land; or (d) impose on the Municipality any legal duty of care or contractual or other legal obligation to enforce this Agreement. Further Acts 3.2 The Owner shall do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further instruments. Bylaw 1 011, 2002 Page 5 Severance 3.3 If any part of his Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part. No Other Agreements 3.4 This Agreement is the entire agreement between the parties regarding its subject and it ter- minates and supersedes all other agreements and arrangements regarding its subject. Amendment 3.5 This Agreement may be amended only by an instrument duly executed by both the Munici- pality and the Owner. Termination 3.6 This Agreement may be terminated or discharged by the Municipality without the consent or agreement of the Owner. Release 3.7 The Owner releases the Town from any liability resulting from any failure by the Town or its building inspector to adequately administer or enforce any enactment applicable to the construction, maintenance or occupancy of a Secondary Suite on the Land. Indemnity 3.8 The Owner shall indemnify and save the Town harmless from and against any loss, damage or expense suffered or incurred by the Town in connection with, or as a result of, any action or other proceeding brought by any person against the Town alleging, or as a result of, any failure by the Town or its building inspector to adequately administer or enforce any enact- ment applicable to the construction, maintenance or occupancy of a Secondary Suite on the Land. Priority 3.9 The Owner agrees to do everything necessary at the Owner's expense to ensure that this Agreement is registered against title to the Land with priority over all financial charges, liens and encumbrances registered or pending at the time of application for registration of this Agreement. As evidence of agreement to be bound by the above terms, the Owner has executed and delivered this Agreement under seal by executing Part I of the Land Title Act Form C to which this Agreement is attached and which forms part of this Agreement.