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THE CORPORATION OF THE TOWNSHIP OF ADELAIDE METCALFE
BY-LAW #39 - 2019
Being a By-law to Provide for Standards of Maintenance and Occupancy in
the Township of Adelaide Metcalfe
"Property Standards By-law"
TABLE OF CONTENTS
SECTION 1-TITLE, APPLICATION AND SCOPE
1 . 1
Title of By-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.2
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 5
1.3
Scope and Interpretation................................................................ 5
1.4
General Duty to Repair and Maintain Property ........................... 5-6
SECTION 2 - DEFINITIONS
2.1
Definitions ................................................................................. 6-10
SECTION 3 - MAINTENANCE OF YARD AND ACCESSORY BUILDINGS
3.1
Yards ............................................................................................ 11
3.2
Landscaping .................. .......................................................... 11-12
3.3
Fences......... ................................................................................ 12
3.4
Rubbish .............. .......................................................................... 12
3. 5
Passageways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3.6
Drainage ................................................................................. 12-13
3.7
Sewage ........................................................................................ 13
3.8
Signs................................. ... ........................................................ 13
3.9
Accessory Buildings ..................................................................... 13
SECTION 4 - MAINTENANCE OF BUILDINGS
4.1
Structural Capability.. ............................................... .. ...... ............ 14
4.2
Fire and Accident Prevention....................................................... 14
4.3
Pest Prevention ................................................................ ............ 15
4.4
Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4.5
Compost Heaps ........................................................................... 15
4.6
Elevating Devices ................................................................... 15-16
4.7
Disconnected Utilities ..................... .. .......................................... .. 16
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4.8
Lighting ........................................................................................ 16
4.9
Thermal Insulation ....................................................................... 16
4.10
Dampness .................................................................................... 16
4.11
Foundations .............. .............................................................. 16-17
4.12
Exterior Walls .......................................................................... 17-18
4.13
Roofs .................... ........................................................................ 18
4. 14
Egress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8
4.15
Exterior Doors and Windows ................................................... 18-19
4.16
Walls and Ceilings . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4.17
Floors ................................................... ................................... 19-20
4.18
Stairs and Porches ....................................................................... 20
4.19
Chimneys and Fire Places ...................................................... 20-21
SECTION 5 - STANDARDS OF FITNESS FOR OCCUPANCY
5.1
Plumbing and Plumbing Fixtures ............................................ 21-22
5.2
Heating System ....................................................................... 22-23
5.3
Electrical Services ........................................................................ 23
5.4
Kitchens ........... ....................................... ................................... .. 24
5.5
Occupancy Standard .................................................................... 24
SECTION 6-STANDARDS OF FITNESS FOR OCCUPANCY
6.1
Vacant Lands ............................................................................... 25
6.2
Vacant Buildings .......................................................................... 25
SECTION 7 - NON-RESIDENTIAL PROPERTY ST AND ARDS
7.1
Yards ............................................................................................ 25
7.2
Structural Soundness .............................................................. 25-26
SECTION 8 - ADMINSTRATION AND ENFORCEMENT
8.1
Property Standards Officer ........................................................... 26
8.2
Administration and Enforcement.. ........................................ .. . 26-27
8.3
Notice of Violation ................. .................................................. 27-28
8.4
Rights of Appeal. ..................................................................... 28-29
8.5
Emergency Order ......................................................................... 29
8.6
Emergency Powers ... ............. ................................... ................... 29
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8.7
Vexatious, Frivolous, or Unreasonably Persistent Requests or
Complaints ............................................................................... 29-32
8.8
Provisions of this By-law .............................................................. 32
SECTION 9 - ENACTMENT
9.1
Enactment .................................................................................... 32
SCHEDULES
A - Policy
.................... ............................................................................. 33-36
B - Complaint Form ........................................................................................... 37
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THE CORPORATION OF THE TOWNSHIP OF ADELAIDE METCALFE
BY-LAW #39 of 2019
A By-law to provide standards for the Maintenance of the physical condition and
Occupancy of Property in the Township of Adelaide Metcalfe;
WHEREAS the Official Plan of the Township of Adelaide Metcalfe
includes provisions relating to conditions of Property and Maintenance and
Occupancy;
WHEREAS the Council of the Corporation of the Township of Adelaide
Metcalfe deems it necessary and expedient to pass a By-law pursuant to the
provisions of Section 15 of the Building Code Act, S.O. 1992, c.23 as amended,
for prescribing standards for the Maintenance and Occupancy of Property within
the municipality and for prohibiting the Occupancy or use of such Property that
does not conform to the standards; for requiring Property below the standards
prescribed in the By-law to be Repaired and maintained to comply with the
standards, or for the site to be cleared of all Buildings, structures, debris or
refuse and left in a graded or leveled condition; and for prohibiting the removal
from any premises of any sign, notice or placard placed thereon pursuant to this
By-law; and further that policies and procedures be established for the
enforcement of this By-law;
AND WHEREAS the passing of said By-laws is desirable for the
protection of the safety, health and well-being of the residents;
AND WHEREAS Section 391 Municipal Act, S.O. 2001, c.25, of the as
amended, gives a municipality the authority to impose fees or charges on
Persons for services or activities provided or done by or on behalf of it, and which
By-law may provide for interest charges and other penalties, including the
payment of collection costs, for fees and charges that are due and unpaid;
AND WHEREAS Section 446 of the Municipal Act, S.O. 2001, c.25, as
amended, gives a municipality authority to take the appropriate remedial action
for any default of the provisions of a By-law and collect the corresponding related
costs on the tax roll in the same manner as property taxes; and
NOW THEREFORE the Council of the Corporation of the Township of
Adelaide Metcalfe HEREBY ENACTS AS FOLLOWS:
1. That By-law 60 of 2002 is repealed
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2. The "Property Standards By-law" is hereby adopted and Appendices A, and
B, as set out and attached hereto are forming part of this By-law.
3. This By-law shall come into force and effect on the date of final passing
thereof.
4. That the Mayor and Clerk be authorized to sign the By-law and have the
corporate seal attached.
SECTION 1 -TITLE, APPLICATION AND SCOPE
1 . 1
Title of By-law
This By-law may be cited as the "Property Standards By-law"
1.2
Application
The provisions of this By-law shall apply to all Lands in the Township of
Adelaide Metcalfe.
1.3
Scope and Interpretation
a)
Where other By-laws, regulations, or statutes prescribe standards of
Maintenance and occupancy already addressed in this By-law, or
where a provision of this By-law conflicts with a provision of another
By-law in force in the Township of Adelaide Metcalfe, the provisions
that establish the higher standard shall prevail.
b)
Should any provision of this By-law be declared invalid for any reason
by a court of competent jurisdiction, the remainder of this By-law shall
continue in force.
1.4
General Duty to Repair and Maintain Property
a) The Owner or purchaser, under an agreement of sale, shall Repair
and maintain the Property in accordance with the standards
prescribed in this By-law to the satisfaction of the Officer.
b) Notwithstanding subsection a), where the Maintenance of any
Property affected by this By-law is made, by written terms of a lease
or by an agreement for Occupancy, the responsibility of the
Occupant/Owner, the Officer may, at his/her discretion, require the
Occupant to Repair and maintain the Property in accordance with the
standards prescribed in this By-law to the satisfaction of the Officer.
Such standards include the following:
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i.
Maintain that part of the premises which he/she occupies or
controls in a clean, sanitary and safe condition;
ii.
Maintain all plumbing and refrigeration fixtures as well as
other Building equipment and storage facilities in that part of
the premises which he/she occupies or controls in a clean
and sanitary condition and provide reasonable care in the
operation and use thereof;
iii.
Provide a smoke alarm in all corridors which provide access
to bedrooms;
iv.
Maintain a safe condition and unobstructed exit from the
interior of the Building to the exterior at the street or grade
level;
v.
Dispose of garbage, refuse, and waste into receptacles in a
clean, sanitary manner, in accordance with the provisions
established in this By-law;
vi.
Exterminate insects, rodents, and other pests; and
vii.
Maintain Yards in a clean, sanitary, and safe condition and
free from infestation insofar as he/she occupies or controls
the Yards.
c) No Person shall occupy or let to another for Occupancy, any
Property which does not comply with the regulations of this By-law.
2.1
Definitions
Section 2
DEFINITIONS
"Accessory Building" means a detached Building or structure on the
same lot as the main Building, the use of which is exclusively incidental or
subordinate to the main use of any other Building on the premises, or
which, if there is no other Building on the premises, is incidental to the use
of the premises, and which is not used for human habitation.
"Administrative Fee" means all fees associated with a Property(s) in
contravention of this By-law, including such fees for servants of orders,
title searches, By-law Officers' wages and mileage, and any other fees
deemed appropriate by Council.
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"Approved" means, as applied to a grade, material device or method of
construction, approved by the Property Standards Officer under the
provisions of this By-law; approved by the Building Inspector under the
provisions of the Building Code Act S.O. 1992, c.23; approved by the Fire
and Protection and Prevention Act, 1997, S.O. 1997, c.4, or approved by
any other authority designated by law to give approval to the matter in
question.
"Basement" means a storey of a Dwelling below the first level, and
includes a cellar.
"Bathroom" means a room containing a bathtub and or shower with or
without a water closet and washbasin.
"Building" means any structure whether temporary or permanent, used
or intended for sheltering any use or occupancy but shall not include a
boundary wall, fence, travel trailer, camping trailer, truck camper, motor
home, or tent, and shall be greater than ten (10) square metres or 108
square feet.
"Building Code" means the Building Code Act, S.O. 1992, as amended.
"Committee" means a Property Standards Committee appointed
pursuant to the provisions of this By-law or to Section 15.6 of the Building
Code Act, as set out in this By-law.
"Council" means the Council of the Corporation of the Township of
Adelaide Metcalfe.
"Crawl Space" means a covered space beneath a floor assembly with
clearance of less than 1.8 metres or 5 feet 11 inches in height.
"Dwelling" means any part of a Building or structure, capable of being
occupied exclusively for human habitation and shall include a Dwelling
Unit.
"Dwelling Unit" means one or more Habitable Rooms occupied or
capable of being occupied by an individual or family as an independent
and separate housekeeping unit in which separate kitchen and sanitary
facilities are provided for the use of such individual or family, with a private
entrance from outside the Building or from a common hallway or stairway
inside the Building.
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"First Storey" means the storey with its floor closest to grade and having
its ceiling more than 1.8 metres or 5 feet 11 inches in height, above grade.
"Habitable Room" means any room in a Dwelling Unit used or intended to
be used for living, sleeping, cooking, or eating purposes.
"Land" means the land around or appurtenant to the whole or any part of a
premises and used or intended to be used, or capable of being used in
connection with the Building.
"Maintenance" means the act of preservation and keeping in Repair or
conserving a Property.
"Means of Egress" means a continuous path of travel provided by a
doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp
or other egress facility for the escape of Persons from any point within a
Building, floor area, room or contained open space to a public thoroughfare
or Approved open space.
"Multiple Dwelling" means a Building containing three (3) or more Dwelling
Units.
"Non-Habitable Room" means any room in a Dwelling or Dwelling Unit
other than a Habitable Room, and includes, but is not limited to, a Bathroom,
Toilet Room, laundry room, pantry, communicating corridor, stairway, closet,
Basement, boiler room or other space for service and Maintenance of the
Dwelling, for public use, and for access to, and vertical travel between
storeys.
"Non-Residential Property" means a Building or structure or part of a
Building or structure not occupied or not capable of being occupied in whole
or in part for the purpose of human habitation and includes the land and
premises appurtenant thereto, and all out-Buildings, fences or erections
thereon or therein.
"Noxious" means any structure, weed, shrub, animal, insect or rodent
which, from its nature or operation creates a nuisance or is liable to create a
nuisance or is offensive by reason of the creation of noise, objectionable
odour, or by reason of its unsightly nature or habits, and without limiting the
foregoing shall mean any structure, weed, shrub, animal, insect or rodent
which may be declared by the Property Standards Officer to be Noxious or
offensive.
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"Occupancy" means the use or intended use of a Building or part thereof
for the shelter or support of Persons, animals or Property as established by
the Building Code.
"Occupant" means any Person or Persons over the age of eighteen (18)
years who appears to be in possession of the Property.
"Officer" means a Property Standards Officer of the City and/or a Provincial
Offences Officer who has been appointed by the Township to administer and
enforce this By-law.
"Owner" means any individual appearing to have control over any portion
of the Building or Property and includes:
a) the Person for the time being managing or receiving the rent of the
land or premises in connection with which the word Owner is used,
whether on the Person's own account or as agent or trustee of any
other Person, or who would receive the rent if such land or
premises were let, and;
b) A lessee or Occupant of the Property who, under the terms of a
lease, is required to Repair and maintain the Property in
accordance with the Standards for the Maintenance and
Occupancy of Property.
"Person" includes an individual, firm, corporation, association or
partnership.
"Plumbing and Fixtures" means water heating facilities, water pipes,
garbage disposal units, water closets, bathtubs, showers, installed clothes
washing or drying machines, laundry tubs, sinks or other similar
equipment, catch basins, drains, vents, traps, together with all connections
to water, Sewage, or vent pipes.
"Property" means a Building or structure, or part of a Building or
structure, and includes the Lands and premises appurtenant thereto and
all mobile homes, mobile Buildings, mobile structures, Out-Buildings,
accessory Buildings, fences, and erections thereon, whether heretofore or
hereafter erected, and includes vacant Property.
"Repair" means the making of additions or alterations or the taking of
such action as may be required so that the Property shall conform to the
standards established in this By-law.
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"Residential Property" means any Property that is used for the purposes
of human habitation, or designed for use as a domestic establishment in
which one or more Persons usually sleep and prepare and serve meals,
and includes any land or Buildings that are appurtenant to such
establishment.
"Sewage" means any liquid waste containing animal, vegetable or
mineral matter in suspension or solution but does not include roof water or
other storm runoff.
"Sewage System" means the municipal sanitary Sewage System or a
private Sewage disposal system Approved by the Part VIII Director under
the Environmental Protection Act, R.S.O. 1990, c. E.19, or pursuant to the
provisions of the Building Code Act.
"Standards" means the standards for the Maintenance and improvement
of the physical condition of Property and for the fitness for occupancy
prescribed in this By-law.
"Supplied" means installed, furnished or provided by the Owner.
"Toilet Room" means:
a) In relation to Non-Residential Property, a room containing one or
more water closets and wash basins; and
b) In relation to Residential Property, a room containing a water
closet.
"Township" means the Corporation of the Township of Adelaide
Metcalfe.
"Unsafe Condition" means any condition that would cause undue or
unexpected hazard to life, limb, or health of any Person authorized or
expected to be on or about the premises.
"Yard" means the land other than publicly-owned land, around or
appurtenant to the whole or any part of the Property and used or capable
of being used, in connection with the Property whether or not the land is
owned by the Owner of the Building, and includes a Vacant Lot.
Section 3
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MAINTENANCE OF YARD AND ACCESSORY BUILDINGS
3.1
Yards
All Yards, including Vacant Land, Property and Buildings shall be kept in a neat
and tidy condition, free from the following:
a) Rubbish, garbage, waste, dead animals, and other debris;
b) Objects or conditions that may create a health or accident hazard;
c) Heavy undergrowth and Noxious plants, such as ragweed, poison
ivy, poison oak, and excessive growth of grass and/or weeds more
than 20cm (8 inches) in height and other vegetation shall be
removed from the Yard to be consistent with the surrounding
environment;
d) Dead, decaying or damaged trees or other plants and the branches
and limbs which create an unsafe or unsightly conditions;
e) Wrecked, dismantled, inoperative, unused, discarded, unlicensed
vehicles, trailers, boats, or other machinery or any part thereof and
junk and refuse of any kind, except in an establishment licensed or
authorized to conduct and operate such a business, and then only
in an arrangement such as to prevent an unsafe condition or an
unsightly condition out of character with the surrounding
environment;
f)
Dilapidated or collapsed structures and any other unsafe condition
or unsightly condition out of character with the surrounding
environment;
g) Injurious insect, termites, rodents, vermin or other pests; and
h) Animal feces.
3.2
Landscaping
a) Hedges, planting, trees or other landscaping, required by the
Municipality as a condition of site development, redevelopment or
rearrangement, shall be maintained in a living condition or shall be
replaced with equivalent landscaping, so as to carry out their
intended function and maintain an attractive appearance.
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b) Suitable groundcover shall be provided to prevent erosion of the
soil. Where grass forms a part of the groundcover, and such grass
has been killed, such dead areas shall be re-sodded or reseeded
as often as required so as to restore the grass to a living condition.
c) Areas within the Yard not covered by Buildings or structures,
sidewalks, driveways and parking areas shall be maintained to a
standard at least compatible with the abutting and adjoining
properties.
d) All areas used for vehicular traffic, parking, and facilities for loading
and unloading shall be maintained in good Repair, free of potholes,
and adequately drained.
3.3
Fences
Fences, screens, retaining walls and other enclosures shall be maintained in
good Repair, free from accident hazards and protected by paint, preservative or
other weather resistant material. Fences around swimming pools shall not be
less than 48 inches (1.2 m) in height and shall have all gates and be provided
with a latch in good working order.
3.4
Rubbish
a) Garbage should be stored under cover or in containers. Rubbish
and garbage containers shall be kept and maintained in a clean
state.
b) Every Property shall be kept free of such refuse, debris or litter.
c) Every non-residential Building shall provide sufficient receptacles to
contain all refuse and litter as may be left by customers or other
members of the public.
3.5
Passageways
Passageways, steps, walks, driveways, parking space and similar areas of a
Yard shall be maintained free from hazardous conditions, to afford safe passage
by pedestrians and motor vehicles under normal use and weather conditions.
3.6
Drainage
a) Exterior Property areas shall be graded and maintained in such a
manner as to prevent the excessive or recurrent ponding of storm
water, and shall be cultivated or protected with suitable
groundcover to prevent erosion of the soil.
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b) No downspout or pump drainage shall be discharged on sidewalks,
stairs, roadway or neighbouring properties or into a sanitary sewer.
3.7
Sewage
a) Sewage shall be discharged into the sewer system and at no time
shall Sewage be discharged onto the surface of the ground whether
into a natural or artificial surface drainage system or otherwise.
b) Notwithstanding subsection (a) above, where a municipal sanitary
sewer has not been installed, all Sewage shall be discharged into a
private Sewage disposal system Approved by the Ministry of the
Environment or the Building Code.
c) Private Sewage Systems shall be maintained in accordance with
the Building Code requirements.
3.8
Signs
a) All signs permitted under By-laws of the Township shall be
maintained in a good state of Repair.
b) All signs which are damaged or broken, or which are excessively
weathered or faded, upon which the finish is worn, peeled or
cracked, shall, with their supporting components, be removed or
put in a good state of Repair.
3.9
Accessory Buildings
a) All Accessory Buildings including garages, carports, barriers,
fences and other structures appurtenant to the Property shall be
kept in good Repair and free from health, fire and accident hazards,
and maintained with suitable and uniform materials.
b) Where an Accessory Building or any condition in a Yard harbours
Noxious insects or rodents, all necessary steps shall be taken to
eliminate the insects or rodents and to prevent their reappearance
in accordance with the provisions of the Pesticides Act, R.S.O.,
1990, c. P.11, and all regulations passed pursuant thereto.
c) Where an Accessory Building is not maintained pursuant to the
standards contained in subsections (a) and (b) above, it shall be
removed from the Yard.
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Section 4
MAINTENANCE OF BUILDINGS
4.1
Structural Capability
a) All Accessory Buildings, accessory structure or any part thereof,
shall be maintained in a structurally sound condition, to be capable
of sustaining its own weight or any additional weight which may be
put on it through normal use, and materials showing damage or
evidence of decay or other deterioration shall be Repaired or
replaced.
b) All exterior exposed surfaces not inherently resistant to
deterioration shall be treated with a protective coating or paint or
otherwise Repaired, coated, sealed or treated to protect them from
deterioration or weathering.
c) The exterior walls, roofs and other parts of a Building shall be free
from loose, rotten, warped and broken materials and objects, and
such materials and objects shall be removed, Repaired or replaced.
4.2
Fire and Accident Prevention
a) When, because of the existence of a Building or Accessory
Structure, or the contents thereof, an unsafe condition exists to
Persons on or about the exterior Property areas of premises, the
Building Code Act shall apply to the extent necessary to abate the
unsafe condition.
b) In the event of fire or other disaster, measures shall be taken as
soon as possible to make the damaged Building or Accessory
Structure compatible with its environment. Without restricting the
generality of the foregoing, such measures include making the
Building or Accessory Structure safe, Repairing damaged surfaces
exposed to view, and refinishing so as to be in harmony with
adjoining undamaged surfaces and the general environment.
c) In the event the Building or Accessory Structure is beyond Repair
or not Repaired, the land shall be cleared of all remains and left in a
graded, level, and tidy condition.
d) Materials of an inflammable nature shall be safely stored or
removed at once from the Property.
4.3
Pest Prevention
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a) All Buildings shall be kept free of rodents, vermin and insects at all
times and methods used for extermination shall be in accordance
with the provisions of the Pesticides Act. R.S.O., 1990, c. P.11, and
all regulations passed pursuant thereto.
b) A Basement or cellar window used for the purpose of ventilation
and any other opening in a Basement, Crawl Space or cellar,
including a floor drain that might permit entry of rodents shall be
screened with wire mesh, metal grill or other material which will
effectively prohibit rodents, vermin and insects.
4.4
Ventilation
a) Every Habitable Room or room where people work shall have an
opening or openings for natural ventilation or a system of
mechanical ventilation.
b) All systems of mechanical ventilation or air conditioning shall at all
times be maintained in good working order.
c) Every unheated Crawl Space shall be adequately vented to the
outside air.
d) Where an opening such as a window, skylight, or louver is used for
ventilation, the opening shall be maintained to be easily opened,
kept open, and closed.
e) Where a system of mechanical ventilation or air conditioning such
as an electric fan with a duct leading outside has been installed in a
Dwelling, the system shall be maintained in good working order.
4.5
Compost Heaps
The Occupant of a Residential Property may provide for a compost heap
in accordance with the health regulations, provided that the compost pile
is no larger than one square metre and 1.8 metres (5.9 ft.) in height and is
enclosed on all sides by concrete block, or lumber, or in a forty-five-gallon
container, a metal frame Building with a concrete floor, or a commercial
plastic enclosed container designed for composting, and shall be
maintained in a clean and sanitary condition.
4.6
Elevating Devices
Elevators and other elevating devices including all mechanical and
electrical equipment, lighting fixtures, lamps, control buttons, floor
indicators, ventilation fans, and emergency communication systems shall
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be operational in a clean condition, and certified to be maintained in good
working order in compliance with the Elevating Devices Act, R.S.O. 1990,
e.E.8.
4.7
Disconnected Services
Owners of Residential Buildings or any Person or Persons acting on
behalf of such Owner shall not disconnect or cause to be disconnected
any service or utility supplying heat, electricity, gas, refrigeration or water
to any Residential Unit or Building occupied by a tenant or lessee, except
for such reasonable period of time as may be necessary for the purpose of
Repairing, replacing, or otherwise altering the service or utility.
4.8
Lighting
a) In all Dwelling Units, adequate lighting fixtures shall be installed
and maintained in all areas so that the work or operations normally
carried out in such areas, or the use of such areas, can be
undertaken in safety and without undue eye strain.
b) All public halls and stairs in Multiple Dwellings shall be illuminated
at all times so as to provide safe passage.
c) Buildings shall provide illumination to access the exit for the public.
4.9
Thermal Insulation
Thermal insulation of Buildings to minimize heat losses and to prevent
condensation shall be provided in accordance with the provisions of the
Building Code where necessary and practical.
4.10
Dampness
The interior floors, ceilings and walls of a Building shall be kept free from
dampness arising from the entrance or moisture through an exterior wall
or through a roof or through a cellar, Basement or Crawl Space.
4.11
Foundations
a) The foundation walls of the Basement floor of a Building or an
Accessory structure shall be maintained in good Repair and
structurally sound as to prevent settlement detrimental to the
appearance of the Building, and to prevent moisture, insects or
rodents into the Building.
b) Without limiting the generality of subsection (a), the Maintenance of
a foundation includes:
4.12
ExteriorWalls
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1. The jacking-up, underpinning or shoring of the
foundation where necessary;
ii. Installing subsoil drains below interim grade of
Basements and Crawl Spaces where such would be
beneficial;
iii. The grouting of masonry cracks;
Iv. Waterproofing the walls and joints;
v. Repairing or replacing decayed, damaged or
weakened sills, piers, posts or other supports;
vi. Making sills, piers, posts or other supports waterproof
and resistant to insects by the application of suitable
materials or treatment; or
vii. The carrying out of such other work as may be
required to overcome any existing settlement
detrimental to the appearance of the Building.
a) The exterior walls of Buildings, parapet walls and components
thereof shall be maintained in good Repair, weather-tight, free from
loose or unsecured objects and materials in a manner to prevent
deterioration due to weather, insects, or infestation or deterioration
detrimental to the appearance of the Building.
b) Without limiting the generality of subsection (a) above, the
Maintenance of exterior walls includes:
1. The applying of paint or materials to preserve all
exterior wood and metal work;
11. The applying of paint or materials to improve or
maintain a pleasant and satisfying appearance at
least commensurate with that of the neighbourhood;
and
iii. The restoring, Repairing or replacing of the wall, the
bricks and mortar, the stucco, shingles or cladding,
the coping, the flashing and the waterproofing and the
caulking of the wall and joints.
c) All canopies, marquees, signs, awnings, fire escapes, stand pipes,
exhaust ducts, and similar overhanging extensions shall be
maintained in good Repair, be properly anchored and shall be
protected from the elements and against decay and rust by the
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periodic application of a weather coating material such as paint or
other protective treatment.
d) All cornices, belt courses, corbels, terracotta trim, wall facings, and
similar decorative features shall be maintained in good Repair with
proper anchorage and in a safe condition, and shall be kept free of
graffiti.
e) All air conditioners shall be maintained in a safe mechanical and
electrical condition and water condensators directed not to create a
hazard.
f) Where mechanical ventilation is used the ventilating duct which is
on the exterior wall shall not be located closer than 1.8 metres (6
feet) from a window located in an adjoining Building, or in the
Building in which the ventilating duct is located.
4.13
Roofs
a) The roof and all of its components of every Building, shall be
maintained in a weather tight condition to prevent leakage and free
from loose or unsecured objects or materials.
b) Without restricting the generality of subsection (a) above, the
Maintenance includes Repairing of the roof and flashing, applying
waterproof coating, installing or Repairing eaves trough and rain
water piping, and using other suitable means.
c) Dangerous accumulations of snow or ice or both shall be removed.
d) Eaves troughs and down pipes shall be kept in good Repair, free
from obstructions and properly secured to the Building.
4.14
Egress
Every Dwelling, Dwelling Unit or Building shall have a continuous and
unobstructed Means of Egress to meet the requirements of the Building
Code, and all Means of Egress shall be maintained in good Repair and
free of objects which create a hazard.
4.15
Exterior Doors and Windows
a) All exterior doors, windows, and Basement hatchways shall be
maintained in a good state of Repair, and reasonably draft free and
weather tight.
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b) All exterior doors shall be kept weather resistant through the use of
appropriate weather resistant materials.
c) Nothing in this Section shall be construed as preventing doors,
windows and other openings in an unoccupied Building or
Accessory Structure from being protected from damage or to
prevent entry, provided that protection of exterior doors and
windows is prohibited for unoccupied Buildings, unless this
protection is fitted and painted or otherwise covered to blend in with
the exterior of the Building.
d) Damaged doors, door frames, and all windows, shall be Repaired
and maintained from the elements against decay and rust.
e) Windows and transparent surfaces shall be kept reasonable clean
to allow an unrestricted passage of light.
4.16
Walls and Ceilings
a) All walls and interior ceilings in every Dwelling shall be maintained
in a clean, safe and sanitary condition free of holes or cracks and
loose plaster or other material, and each wall and ceiling Repair
shall be finished to reasonably match the existing wall or ceiling.
b) Without restricting subsection (a) above, all Maintenance includes
Repairing or filling holes and cracks and removing and replacing
loose or defective parts.
c) Where fire resistant walls exist between separate Dwelling Units,
they shall be maintained in a condition which maintains their fire
resistant quality.
d) Marks, stains, general damage, or graffiti on public areas of a
Property shall be removed and the surface refinished.
4.17
Floors
a) Floors shall be maintained in a clean and sanitary condition,
reasonably smooth and level and free of loose, cracked, warped or
decayed boards, depressions, protrusions, deterioration or other
defects which are health, fire or accident hazards.
b) Where floors are covered, the covering shall be maintained in a
safe condition free from worn, torn, damaged or holed parts in
which dirt collects or which forms a health or accident hazard.
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c) Lavatory or washroom floors, shower-room floors, Toilet Room and
Bathroom floors shall be maintained reasonably impervious to
water and in a condition conducive to easy cleaning.
d) Basements which are served by a stairway leading from inside the
Building or from outside the Building shall have a durable finished
floor, and where required, shall have a floor drain located at the
lowest point of the said floor:
a. located inside the Building, shall connect into the sanitary
sewer system
b. located outside the Building, shall connect into the storm
sewer system
e) Without restricting the generality of subsection a), b), c), and d)
above, Maintenance includes installing, Repairing, refinishing and
replacing a floor or floor covering to the required standards.
4.18
Stairs & Porches
a) All inside or outside stairs, balconies, decks, ramps, porches or
canopies and other related structures shall be structurally sound,
and maintained to be free of holes, cracks and other defects which
may constitute possible accident hazards.
b) Without restricting the generality of subsection (a) above, the
Maintenance includes Repairing and replacing of treads or risers
that show excessive wear or are broken, warped or loose or
otherwise defective and supporting structural members that are
rotted or deteriorated. Precast or poured concrete steps shall be
maintained in good Repair and to correct settlement.
c) All stairs, balconies, porches and canopies shall be protected from
the elements by means of paint or coated with a preservative,
unless constructed of material inherently resistant to deterioration.
d) A handrail or guard shall be installed and maintained in good
Repair on the open side of a stairway and on the open side of a
balcony, porch or landing so as to provide protection against
accident or injury.
4.19
Chimneys & Fire Places
a) Every chimney smoke pipe and flue in or on a Building, actually in
use or available for use, shall be maintained in good Repair, to
prevent gases from leaking into the Building, and at all times shall
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be kept in good Repair and maintained free from loose or
improperly secured objects or material.
b) Without restricting the generality of subsection (a) above, the
Maintenance includes clearing the flue of obstructions, sealing
open joints and Repairing or replacing masonry.
c) Every fireplace used or intended to be used in a Building for
burning fuel in open fires shall be maintained in good Repair, so
that adjacent combustible material and structure members shall not
be heated to unsafe temperatures.
d) Without restricting the generality of subsection (c) above, the
Maintenance includes securing the connection to a chimney that
complies with the CAN-CSA-B365 (Installation Code for solid fuel
burning appliances and equipment)
Section 5
STANDARDS OF FITNESS FOR OCCUPANCY
5.1
Plumbing & Plumbing Fixtures
a) All installed plumbing, including plumbing fixtures, drains, vents,
water pipes, water closets and connecting lines to the water and
sewer systems, shall be maintained in good working order and
Repair, free from leaks or other defects, and shall be protected
from freezing.
b) All Dwellings shall be provided with an adequate supply of potable
running water.
c) All Dwellings shall have the sanitary facilities connected to a
Sewage System Approved under the Building Code.
d) All self-contained Dwelling Units shall be provided with a Bathroom
and Toilet Room with provision for privacy that is accessible and
available to all Occupants having at least:
i. One toilet;
11. One bathtub or shower or combination bathtub and
shower; and
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iii. One wash basin located in or immediately adjacent to
every room containing a water closet or urinal that
are:
1. In good working order.
2. Served with hot and cold running water (only
cold water connection required to water closets
and urinals).
3. Connected to the sanitary sewer system.
e) Rooms containing sanitary conveniences and toilet facilities shall:
i. Be regularly cleaned so as to be maintained in a
clean and sanitary condition;
ii. Have surfaces reasonably impervious to water; and
iii. Be kept in a safe and bacteria free condition.
f)
No facilities for the preparation, cooking, storage or consumption of
food, or for sleeping, shall be contained within a room that contains
a toilet.
g) Non-residential Buildings that are places of employment shall have
plumbing facilities in accordance with the Building Code.
h) Where toilet, kitchen or Bathroom facilities are shared by
Occupants of residential accommodation other than self-contained
Dwelling Units, an appropriate entrance shall be provided from a
common passageway, hallway, corridor or other common space to
the room or rooms containing the said facilities. The number of
toilets, kitchens or Bathrooms required shall be related to the
number of Occupants sharing the facility.
5.2
Heating System
a) Every Dwelling Unit shall be provided with a heating system which
is capable of maintaining a room temperature of 20 degrees C (68
degrees F) in all Habitable Rooms, Bathrooms and Toilet Rooms.
b) The heating system required by subsection (a) above, shall be
maintained in good working order to be capable of heating the
Dwelling safely to the standard required by this By-law.
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c) Permanently sealed connections shall be kept between all heating
equipment involving combustion and a chimney or flue which
provides sufficient outlet for venting to the exterior of all gases so
as to prevent any health, fire or accidental hazard.
d) Approved connections shall be kept between all heating and
cooking equipment burning gaseous fuels and the supply line.
e) A space that contains a heating unit shall have a natural or
mechanical means of supplying air in such quantities to provide
adequate combustion.
f) All exposed pipes in Habitable Rooms shall be kept protected so as
to prevent a safety hazard.
5.3
Electrical Services
a) Every Dwelling Unit and, where required by the Building or
Electrical Safety Codes, all Buildings and Accessory Structures
shall be:
i. Installed and maintained in good working order.
11. Connected to an electrical supply system and wired to
receive electricity.
iii. Provided with an adequate supply of electric power
available at all times.
b) The capacity of the connection to the Building and the system of
circuits distributing the electrical supply within the Building shall be
adequate for the use and intended use and shall be in compliance
with the Electrical Safety Code.
c) Every Habitable Room, except a kitchen, shall contain at least one
(1) electrical duplex convenience outlet and every kitchen shall
contain at least two (2) duplex convenience outlets.
d) Existing wiring and electrical equipment shall be in good,
serviceable and safe condition as required by the Electrical Safety
Authority.
e) Extension cords that do not form part of a fixture shall not be
permitted on a permanent basis.
5.4
Kitchens
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a) Every self-contained Dwelling Unit shall contain a kitchen area
equipped with a sink served with hot and cold water, storage
facilities, a countertop work area and space for a stove and
refrigerator.
b) Every kitchen sink shall have a drain area of an impervious surface
and shall be connected to an appropriate drain.
c) Every main cooking space shall have provided an adequate and
Approved energy source.
d) All combustible materials in the area of a cooking surface shall
meet the standards of the Building Code.
e) All Habitable Rooms, except kitchens, shall be provided with a
source of natural light, skylights, translucent panels or glass area
that faces directly to an outdoor space.
f)
Every kitchen shall be provided with a permanent electrical light
fixture.
5.5
Occupancy Standard
a) The maximum number of Occupants in a Dwelling Unit shall not
exceed more than two (2) Persons per sleeping room as prescribed
by the Building Code.
b) A Non-Habitable Room shall not be used as a Habitable Room.
c) No portion of a Building shall be occupied if it does not meet the
requirements of this By-law, including, but not limited to, a minimum
area of at least seven (7) square metres (75 square feet), and no
less than that required by the Building Code.
Section 6
VACANT LANDS AND BUILDINGS
All Repairs and Maintenance of Property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned . All new construction or Repairs shall conform to the Building
Code where applicable.
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6.1
Vacant Lands
Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water.
6.2
Vacant Buildings
a) Vacant Buildings shall be maintained in a secure condition to
prevent unauthorized entry, and shall be kept cleared of all garbage
rubbish and debris and shall have all water, electrical and gas
services turned off except for those services that are required for
the security and Maintenance of the Property.
b) The Owner or agent of a vacant Building shall board up the Building
to the satisfaction of the Property Standards Officer by covering all
openings through which entry may be obtained with a least 12. 7
mm (0.5 inch) weather-proof sheet plywood securely fastened to
the Building and painted a colour compatible with the surrounding
walls.
Section 7
NON-RESIDENTIAL PROPERTY STANDARDS
All Repairs and Maintenance of Property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or Repairs shall conform to the Building
Code where applicable.
7.1
Yards
The warehousing or storage of material or operative equipment that is
required for the continuing operation of the industrial or commercial aspect
of the Property shall be maintained in a neat and orderly fashion so as not
to create a fire or accident hazard or any unsightly condition and shall
provide unobstructed access for emergency vehicles.
7.2
Structural Soundness
a) Every part of a Building structure shall be maintained in a
structurally sound condition to be capable of safely sustaining its
own weight and any additional load which may be subjected
through normal use, having a level of safety required by the
Building Code. Structural members or materials that have been
damaged or indicate evidence of deterioration shall be Repaired or
replaced.
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b) Walls, roofs, chimneys and other exterior parts of a Building or
structure shall be free from loose or improperly secured objects or
materials.
c) Improperly secured objects shall be either removed, Repaired or
replaced.
Section 8
ADMINISTRATION AND ENFORCEMENT
8.1
Property Standard Officer
This By-law shall be administered and enforced by a Property Standards
Officer appointed by the Township of Adelaide Metcalfe.
8.2
Administration and Enforcement
The administration and enforcement of this By-law is to be carried out in
accordance with the provisions of the Building Code:
a) When any Lands are not maintained pursuant to the
requirements of this By-law, the By-law Enforcement Officer or
designated Person shall send Notice to the current or registered
Property Owner on title at the subject address listed on title.
Such notice, in the form of an Order, shalt detail the violation
and allow the Owner fourteen (14) days (unless otherwise
stated by Council) from time of receipt to correct the violation.
Such notice shall be deemed received, if delivered other than by
hand within five (5) days after the date of the Notice.
b) If the Owner of any Property fails to comply with anything
required to be done in accordance with this By-law and the
Building Code, the Township of Adelaide Metcalfe in addition to
all other remedies, shall:
1.
Have the right to proceed with appropriate measures in
order to bring the Property into compliance with this By-
law, and for this purpose with its servants and agents
from time-to-time to enter in and upon the Property.
11.
Not be liable to compensate such Owner or any other
Person having an interest in the Property by reasons of
anything done by or on behalf of the Township of
Adelaide Metcalfe under provisions of this subsection,
and;
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iii.
Have the right to recover from the Owner of the Property
any amount expended by or on behalf of the Township of
Adelaide Metcalfe under the authority of this section
together with an Administrative Fee representing 100% of
the amount expended by or on behalf of the Township.
c) It is declared that all of the provisions of the By-law is servable
and that, if any provisions of this By-law should, for any
reasons, be declared invalid by any court, it is the intention and
desire of this Council that each of the remaining provisions here
shall remain in full force and effect.
8.3
Notice of Violation
a) If, after inspection, the Officer is satisfied that in any respect the
Property does not conform to the standards prescribed in this
By-law, he/she may make an order:
1.
Stating the municipal address or legal description
of the Property;
11.
giving reasonable particulars of the Repairs to be
made or stating that the site is to be cleared of all
Buildings, structures, debris or refuse and left in a
graded and levelled condition;
111.
indicating the time for complying with the terms and
conditions of the Order and giving notice that, if
such Repairs or clearance are not carried out within
the time, the Township may carry out the Repairs
or clearance at the expense of the Owner; and
iv.
Indicating the final date for giving notice of appeal
from the Order.
b) The Order shall be served on the Owner of the Property and
such other Persons affected by it as the Officer determines and
a copy of the order may be posted on the Property.
c) The Order may be registered in the proper registry office and,
upon such registration, any Person acquiring any interest in the
Land subsequent to the registration of the Order shall be
deemed to have been served with the order on the date on
which the Order was served, and when the requirements of the
Order have been satisfied, the Clerk of the Township shall
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register in the land registry office a certificate that such
requirements have been satisfied, which shall operate as a
discharge of such Order.
8.4
Rights of Appeal
a) Pursuant to the Building Code, when an Owner or Occupant
who has been served with an Order in accordance with this By-
law is not satisfied with the terms or conditions of the Order,
he/she may appeal by registered mail to the Secretary of the
License Standards Committee within fourteen (14) days after
being served with the Order and in the event that no appeal is
taken, the Order shall be deemed to have been confirmed.
b) The Secretary of the Committee, in receipt of a notice of appeal,
shall determine the date, place and timing of the hearing of the
appeal which shall take place not less than seven (7) days and
not more than thirty (30) days from the date of receipt of the
foresaid Notice and shall provide Notice in writing of the date,
place and time of the hearing to the appellant and the Officer
who issued the Order.
c) Municipal Barrister/Solicitor or any authorized individual who is
entitled to reply to the Appeal.
d) When an appeal has been taken, the Committee shall hear the
appeal and shall have all the powers and functions of the Officer
and may confirm the order to demolish or Repair or may modify
or quash it or may extend the time for complying with the order
provided that, in the opinion of the Committee, the general intent
and purpose of the By-law and of the Official Plan or policy
statement are maintained.
e) The Committee shall give a copy of its written decision to the
appellant and the Officer Who issued the order.
f) The Township in which the Property is situate or any Owner or
Occupant or Person affected by a decision of the Committee
may appeal to a Judge of the Ontario Court (General Division)
by so notifying the Clerk of the Township in writing and by
applying for an appointment within fourteen (14) days after the
sending of a copy of the decision and:
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i. The Judge shall, in writing, appoint a day, time and place for
the hearing of the appeal and in his/her appointment, may
direct that it shall be served upon such Persons, and in such
manner as he/she prescribes;
ii. The appointment shall be served in a manner prescribed;
111. The Judge on such appeal has the same powers and
functions as the Committee.
g) The order as deemed to have been confirmed by the Officer or
as confirmed or modified by the committee or, in the event of an
appeal to the judge as confirmed or modified by the judge, shall
be final and binding upon the Owner and Occupant who shall
make the Repair or effect the demolition within the time and in
the manner specified in the order.
8.5
Emergency Order
Despite any other provisions of this By-law, if upon inspection of a
Property the Officer is satisfied that there is non-conformity with the
standards prescribed in the By-law to such extent as to pose an
immediate danger to the health or safety of any Person, the Officer may
make an Order containing particulars of the non-conformity and requiring
remedial Repairs or other work to be carried out immediately to terminate
the danger.
8.6
Emergency Powers
After making an Order pursuant to section 15.7(3) of the Building Code,
the Officer may, either before or after the Order is served, take any
measures he/she considers, necessary to terminate the danger, and for
this purpose, the Township has the right through its servants and agents,
enter upon the Property in respect of which the Order was made without a
warrant.
8.7
Vexatious, Frivolous, or Unreasonably Persistent Requests or
Complaints
The Township is committed to providing exemplary service to all members
of the public. The Township aims to address service requests and
complaints equitably, comprehensively, and in a timely manner.
The purpose is to address vexatious, frivolous, or unreasonably persistent
requests or complaints that consume a disproportionate amount of
Township time and resources, and impede the staff from attending to
other essential issues. This establishes the process to be used by all staff
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when handling such requests or complaints. Actions taken will ensure that
municipal resources are used effectively and efficiently, while maintaining
a high level of service excellence and responsiveness.
This will guide and assist staff to identify situations that meet the criteria of
vexatious, frivolous or unreasonably persistent, and the associated actions
that may be taken in such circumstances. The aim is to contribute to the
Township's commitment to service excellence and good governance by
addressing all requests and complaints equitably and efficiently, while
acknowledging that there may be a need to protect staff rom unreasonable
behaviours. For immediate threats to a Person or Property, 9-1-1 should
be contacted. Examples of what might be considered vexatious, frivolous
or unreasonable persistent requests or complaints are provided below.
The following list is not exhaustive, nor does a singular action set out
below necessitate the application of this guideline.
-
Complaints concerning an issue which staff have already
investigated and determined to be groundless.
-
Complaints concerning an issue which is substantially similar to an
issue which staff have already investigated and determined to be
groundless (for example, with respect to the same neighbour or
same Property.)
-
Unreasonable conduct which is abusive of the complaints process,
including, but not limited to:
o harassing, verbally abusing or otherwise seeking to
intimidate staff dealing with a complaint;
o excessive or multiple lines of enquiry regarding the same
issue (for example, pursuing a complaint with staff in multiple
Township departments and/or an elected official
simultaneously) while a complaint is in the process of being
investigated;
o repeated challenging the findings of a complaint
investigation, complaining about the outcome and/or denying
that an adequate response has been given;
o refusing to accept that an issue falls outside the scope of the
Township's jurisdiction;
o making unreasonable demands on staff by, for example,
insisting on responses to complaints and enquiries within an
unreasonable time-frame;
o making statements or providing representations that the
subject Person knows or ought to know are correct, or
persuading others to do so;
o demanding special treatment from staff by, for example, not
following the normal chain of command and immediately
demanding to speak to a manager or supervisor;
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o using new complaints to resurrect issues which were
investigated and completed in previous complaints;
o changing the basis of the complaint as the investigation
progresses and/or denying statements made at an earlier
stage;
o refusing to co-operate with the investigation process while
still wanting the complaint to be resolved;
o failing to clearly identify the precise issues of the complaint,
despite reasonable efforts of staff to obtain clarification of the
concerns; or
o providing false or misleading information.
Identifying the Problem
Staff must establish, through documented words and/or actions of the
subject Person (for example, emails, letters, posts on social media,
photographs, voicemails, and staff notes reporting a conversation or
incident), that the complaint or request is frivolous, vexatious or
unreasonably persistent, before applying the processes and restrictions
outlined. Each case will be considered on an individual and case-by-case
basis. The decision to classify the subject Person's behaviour as
unreasonable or to classify the request as vexatious or frivolous will be
made by the Department Head or designate of the relevant service area in
consultation with CAO/Treasurer.
Notification to the Subject Person
When the decision, in consultation with CAO/Treasurer, has been made to
classify the subject Person's request or complaint as vexatious, frivolous,
or unreasonably persistent, the subject Person (where possible and
appropriate) will receive written notification that:
-
detail what action staff have taken and why;
-
explain what it means for the subject Person's contact with the
Township; and
-
advise how long the restriction will last and when the decision will
be reviewed.
When any restriction is put in place, a review date will be set. This will be
based on the circumstances of the case and could be for a period of three
(3) months or longer depending on the severity of the situation. The
status of the subject Person will be reviewed by the relevant Department
Head on or before the review date. The subject Person will be informed of
the outcome of the review.
The Department Head, in consultation with CAO/Treasurer, may extend
the restrictions beyond the review date where appropriate. The subject
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Person shall be notified of the extension and be given another date for
review.
8.8
Provisions of this By-law
The Provisions of this By-law do not apply to municipally owned or
controlled Property.
9.1
Enactment
Section 9
ENACTMENT
This By-law shall come into force and take effect on the day of its passing.
Read a First and Second time thisc21_ day of f'() 0-'-/
READ A THIRD TIME and finally passed thisc2i day of
rD0-- I
. 2019.
, 2019.
~
Jennifer Turk, Clerk
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SCHEDULE 'A'
By-law 39 of 2019
Property Standards By-law
Policy
1. COMPLAINT PROCESS
The By-law Enforcement Officer will follow up on complaints which are received,
in writing, at the Township office. A form is attached as "Schedule B" of this By-
law. The By-law Enforcement Officer shall keep the CAOrrreasurer updated
throughout the entire process and seek direction from the same.
2. PROPERTY FILE
The By-law Enforcement Officer is required to open a Property standards file
once a complaint has been received. Any documentation obtained during the
course of the investigation must be retained in the file. A file record must be kept
outlining any inspections conducted, phone conversations or documents issued
regarding the Property. The file record is a confidential set of notes, which cannot
be distributed to outside parties, but can be discussed with Council/Staff (in
camera).
3. COMPUTER PROPERTY FILE
In conjunction with the Property file, the By-law Enforcement Officer must also
open a Property file on the computer. This file will include the original file record,
copies of all notices and orders, digital pictures and any email correspondence.
The file record must include the roll number, municipal address, legal address
and the Property Owners name and contact information. The file record must be
signed and updated by the By-law Enforcement Officer throughout the entire
process.
NOTE: MPAC and/or tax bills are utilized for determining a Property
Owner's information. In the event the service of informal notices and/or
letters are not deemed served on the Property Owner, a title search may
be conducted to obtain further information. A title search is conducted
when the process is escalated to a formal Order. It is required by the
Building Code to notify the Owner of the Property and any other Persons
as deemed appropriate by the By-law Enforcement Officer, this
Department is of the opinion the title would display all correct information.
4. INSPECTION OF PROPERTY
The By-law Enforcement Officer is required to attend the Property in order to
conduct an inspection, determine the validity of the complaint and its non-
conformance with the municipal standards. The Building Code grants the By-law
Enforcement Officer the authority to enter upon a Property, with proper
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identification and at a reasonable time, for the purpose of determine if the
Property conforms to the By-law.
The By-law Enforcement Officer must record his/her notes in a notebook or on an
inspection report. The notes must include the date, time, location and type of
inspection. The By-law Enforcement Officer must record his/her observations of
the violations on the Property.
An inspection of the Property does not permit the By-law Enforcement Officer to
enter a Dwelling. The Property Owner or tenant may provide authorization for this
search. If voluntary authorization is not provided, the Building Code requires the
By-law Enforcement Officer to obtain a Warrant for Entry and Search.
5. INFORMAL NOTICES
If, during the inspection, the By-law Enforcement Officer determines that the
Property is in contravention of the By-law, the Officer may issue an Informal
Notice. This Notice is not required according to the Building Code; however, the
Township prefers an informal approach before an Order. The Informal Notice is
not a legal document and no action can be taken from it.
If a case should go to court, the issuance of an Informal Notice proves to the
court that the By-law Enforcement Officer has been reasonable and given the
Property Owner ample time to bring the Property in compliance with the By-law.
Informal notices can also be given through general verbal discussions, provided
accurate notes are taken and a follow up written document is provided to the
individual confirming such discussions.
6. FOLLOW UP INSPECTION
The By-law Enforcement Officer must conduct a follow up inspection on or after
the re-inspection date indicated on the Informal Notice.
If, during the follow up inspection the By-law Enforcement Officer determines that
all of the deficiencies outlined in the Informal Notice have been fixed and the
Property is in compliance with the By-law, the By-law Enforcement Officer may
conclude the file.
If, during the follow up inspection the By-law Enforcement Officer determines that
the Property still has outstanding deficiencies, he/she may proceed with an
Order, if the CAO/Treasurer wishes him/her to move forward.
7. ORDER
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Section 15.2(2) of the Building Code Act authorizes the By-law Enforcement
Officer to issue an Order if the Property does not conform to the Property
Standards By-law and shall include the following items:
1. The address or legal description
2. The date the notice was issued
3. The name and address of the Property Owner
4. The address of the Property in contravention
5. The By-law and section which is being contravened
6. Basic description of the deficiencies found during the inspection
7. Basic description of the necessary Repairs or actions needed
8. Indicate that if the order is not complied with, the Municipality may carry
out the Repair or clearance at the Owner's expense.
9. Date for re-inspection
10. By-law Enforcement Officer's contact information
11. Indicate their right to appeal the order and provide the final date for such
an appeal and provide the application to carry out that right.
The order shall be served on the Property Owner and a copy may be posted on
site.
The order may be registered to title.
If, during the follow up inspection the By-law Enforcement Officer determines that
all of the deficiencies outlined in the order have been fixed and the Property is in
compliance with the By-law, the By-law Enforcement Officer may conclude the
file.
If, during the follow up inspection the Officer determines that the Property still has
outstanding deficiencies, he/she may proceed with compliance, as per Section 8
below.
8. COMPLIANCE
As per 15.3 (2) An order which has not been appealed is deemed to be
confirmed.
Section 15.4(1) Power of Municipality if the Order Not Complied With
1. Authorizes the Officer that if an Order is served as per 15.2(2) and
deemed confirmed the Municipality may cause the Property to be
Repaired or demolished accordingly.
2. Under 15.4(2), Warrantless Entry is permitted at any reasonable time in
order to Repair or demolish the Property as required.
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3. Section 15.4(3), No Liability to compensate the Property Owner for items
removed.
4. Section 15.4(4), Lien permissions granted to the Municipality to lien the
Land for such Repairs or demolitions and it shall have priority lien status
as per the Municipal Act.
The By-law Enforcement Officer shall obtain quotes from several contractors and
present to Council for approval. Provided a motion is passed in favour of
proceeding with Repair or demolish, the By-law Enforcement Officer will
commence the cleanup process.
There is no requirement to notify the Property Owner the cleanup is going to take
place under the Building Code. Due to basic health and safety reasons contact is
not made with the individuals.
There are no requirements under the Act to retain the items removed from the
Property. The items have been deemed in contravention and are classified as
waste, rubbish, debris, derelict and/or abandoned etc. and shall be disposed of
accordingly.
9. CONCLUSION OF FILE
Upon conclusion of the file, the file record must be updated, closed and placed in
the Property file for future reference.
TOWNSHIP OF
SCHEDULE 'B'
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Adelaide
Metcalfe
Property Standards By-law - Complaint Form
This form is intended to confidentially collect complaint information,
assess concerns and help determine possible resolutions.
Complainant
Your Name:* -----------------------------
Your Mailing Address:* _____________________ _
Your Telephone No.:* _____________________ _
Your e-mail:* -----------------------------
Subject Property
Subject Property Address:* __________________ _
Owner's Name:* ----------------------------
Owner's Mailing Address:* ___________________ _
Owner's Telephone No.:* ____________________ _
Owner's e-mail:* ---------------------------
Complaint Details:* --------------------------
if you need more space, check here D and use the reverse side of this
sheet.
Collection of Information
Personal information on this form is collected under the legal authority of the Municipal Act, S.O. 2001 , c.25, as amended and is intended to
gather confidential complaint details. Collection of information is pursuant to Section 27 of the Municipal Freedom of Information and
Protection of Privacy Act. For questions about how this information is collected, please contact the Township of Adelaide Metcalfe Clerk's
Department.