This is the exact embedded text of the captured official document.
Snapshot f2278681f70b · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Township of Cavan Monaghan
By-law No. 2017-61
Being a by-law to prescribe standards for the maintenance and occupancy
of property within the Township of Cavan Monaghan
Whereas Section 15.1 (3) of the Building Code Act, S.O 1992, c.23, provides that
a By-law may be passed by the Council of a municipality prescribing the
standards for the maintenance and occupancy of property within the municipality
provided the Official Plan for the municipality includes provisions relating to
property conditions;
And Whereas it is deemed expedient to establish standards for the maintenance
and occupancy of property in the Township of Cavan Monaghan;
And Whereas Section 15.6 (1) of the Building Code Act, requires that a By-law
passed under Section 15.1 (3) of the Act shall provide for the establishment of a
Property Standards Committee;
Now Therefore the Council of the Township of Cavan Monaghan hereby enacts
as follows:
1.0 Definitions
1.1. This By-law may be cited as the Property Standards By-law.
1.2 In this By-law all words or phrases shall have the meaning
accorded to them in the Building Code Act or its regulations (the
Building Code); in addition to those words and phrases in this By-
law the following words shall have the meaning ascribed to them:
“Agricultural Equipment” means implements and machinery
commonly used for farming.
“Committee” means a Property Standards Committee established
under this By-law.
“Corporation” means The Corporation of the Township of Cavan
Monaghan.
“Council” means The Council of the Township of Cavan Monaghan.
“Dwelling” means a building consisting of one or more dwelling
units but shall not include a mobile home, recreational motor home
or recreational travel trailer.
“Fire Code” means the Fire Protection and Prevention Act, 1997,
S.O. 1997, c.4, as amended, and includes the regulations made
thereunder.
“Heating Appliance” means a device to convert fuel into heat
energy, and includes all components, controls, wiring, and piping
required to be part of the device by the applicable standard referred
to in the Building Code.
“Lot” means a parcel that is registered as a legally conveyable
parcel of land in the Land Titles Registry Office.
“Maintenance” means the preservation and keeping in good repair
of a property.
“Municipality” means the Township of Cavan Monaghan.
“Non-residential Property” means a building or structure not
occupied or capable of being occupied in whole or in part for the
purpose of human habitation, and includes those lands and
premises appurtenant thereto.
“OBC” means Ontario Building Code.
“Owner” means the person designated as owner on the
assessment roll of the municipality and shall also include a lessee
or occupant of the property who, under the terms of the lease, is
required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of property in
accordance with the standards of the By-law.”
“Person” includes an individual, association, firm, partnership,
corporation, trust, incorporated company, organization, trustee or
agent, and the heirs, executors, or other legal representatives of a
person to whom the same can apply according to law.
“Property” means a building or structure, or part of a building or
structure, and includes the lands and premises appurtenant thereto
and all mobile structures, outbuildings, fences and retaining walls,
and erections thereon, whether heretofore or hereafter erected, and
includes vacant property.
“Property Standards Officer” means a person designated as such
by a resolution or by-law of Council.
“Refuse or Debris” means, but is not limited to, garbage, ashes,
rubbish, builder’s or building contractor’s waste or scrap material,
inoperative vehicles and motor vehicle parts and accessories.
“Repair” means the provision of such facilities and 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.
“Standards” means the standards prescribed in this By-law.
“Unsafe Condition” means a condition that poses or constitutes a
fire hazard or a hazard or risk to life, limb or health of any person
and includes a building or structure, whether or not structurally
unsafe within the meaning of the Ontario Building Code, that has
sustained damage of any kind to the whole or any part of the
building or structure by reason of fire, storm or other cause, and the
damage has not been repaired.
“Vehicle” means a motor vehicle, tractor, trailer, truck, camper,
boat, motorcycle, motorized snow vehicle, mechanical equipment or
any vehicle drawn, propelled or driven by any kind of power but
does not include agricultural equipment.
“Yard” means an open, uncovered space on a lot pertaining to a
building and unoccupied by buildings or structures, except as
specifically permitted in this By-law.
2.0 General Standards for All Properties
2.1
Yards
2.2
All repairs and maintenance of property shall be carried out with
suitable and sufficient materials and in a manner accepted as good
workmanship. All new construction or repairs shall conform to the
requirements of the Ontario Building Code and Ontario Fire Code.
Every owner of residential property shall keep their yard, including
vacant lots, clean and free from:
a) refuse or debris, rubbish or conditions that may create an
unsafe condition;
b) wrecked, dismantled, or inoperative vehicles 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 or unsightly
condition.
Cc) dilapidated, collapsed or partially constructed structures
which are not currently under construction.
d) more than 1 unlicensed vehicle, except where such
unlicensed vehicle or vehicles are stored within a garage or
building;
Sewage and Drainage
2.3
Yards shall be maintained so as to:
a) ensure that storm water is drained from the yard so as to
prevent recurrent or excessive ponding or the entrance of
water into a basement; such drainage shall be in accordance
with any subdivision agreement, subdivision grading plan or
lot grading plan as applicable.
b) ensure that no roof drainage is discharged onto sidewalks,
stairs or neighboring property, nor on any surface within the
road allowance, and to
Cc) ensure that sewage is discharged into a sewage system.
Parking Areas, Walks and Driveways
2.4 All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, concrete, or compacted stone, gravel or
equivalent and shall be kept in good repair.
2.5 Steps, walks, driveways, parking spaces and other similar areas
shall be maintained so as to afford safe passage under normal use
and weather conditions.
Garbage Disposal
2.6 All garbage, refuse, debris and ashes shall be promptly placed in a
suitable container and made available for removal in accordance
with the municipality's Waste Management By-law 2012-06, as
amended.
Compost Heaps
2.7
The occupant of a residential property may provide for a compost
heap, provided that the compost pile covers an area no larger than
1 sq. m (10.76 sq. ft), is no more than 1.8 m (6 ft) in height and is
enclosed on all sides by concrete block or lumber, or is in a
container or an enclosed commercial plastic container designed for
composting.
Fences
2.8
a)
No person shall erect/maintain a fence unless such fence is
constructed of chain link, wood, wood fiber, composite
wood/resin materials, stone or masonry, except where such
fence is erected on a property zoned for agricultural uses.
Fences constructed of materials that may deteriorate or rot
shall be protected from such deterioration by the application
of appropriate weather resistant materials, including but not
limited to, paint or other suitable preservatives.
Where the provision of any site plan agreement, subdivision
agreement or any other agreement entered into by the
municipality under authority of the Municipal Act, 2001, or
the Planning Act, conflict with this section, the provisions in
the agreement shall prevail.
Fences erected in a residential zone shall be of a maximum
height of 2.43 m (8 ft).
3.0 Residential Standards
General Conditions
3.1
Every owner of a residential property shall:
a)
b)
maintain their property and every part thereof, in a clean,
sanitary and safe condition;
not allow accumulation or storage of garbage, refuse,
appliances or furniture in a means of egress.
Foundations
3.2
Foundation walls of a dwelling shall be maintained so as to prevent
the entrance of insects, rodents and excessive moisture. Required
maintenance may include the shoring of the walls to prevent
settling, installing sub soil drains at footings, grouting masonry
cracks, damp-proofing and waterproofing walls, joints and floors;
any maintenance activity shall be conducted under authority of a
validly issued building permit as required by the Ontario Building
Code Act.
Exterior Surfaces
3.3
3.4
3.5
3.6
Exterior surfaces of a dwelling and their components, including
soffit and fascia, shall be maintained in good repair free from
cracked, broken or loose masonry units, stucco or other defective
cladding or trim. Paint or some other suitable preservative coating
shall be applied and maintained so as to prevent deterioration due
to weather conditions, insects or other damage.
Walls, roofs and other exterior parts of a building shall be free from
loose or improperly secured objects or materials.
Exterior walls of a dwelling and their components shall be free of
unauthorized signs, graffiti and similar defacements.
Appropriate measures shall be taken to remove any markings,
stains or other defacement occurring on an exposed exterior
surface, and to restore same, as nearly as possible, to its
appearance before the markings, stains or defacement occurred.
Windows and Exterior Doors
3.7
Roofs
3.8
3.9
Rotted, ill-fitting or damaged doors, door frames, window frames,
sashes and casings shall be renewed or replaced. Defective
window hardware, weather stripping and broken window glass shall
be replaced.
A roof, including the fascia board, soffit, cornice and flashing, shall
be maintained in a watertight condition.
Where eavestrough and roof gutters are provided, they shall be
kept in good repair and free from obstructions, and shall be properly
secured to the building.
Exterior Walls
3.10 Every wall shall be maintained so as to provide a continuous
surface free of holes, cracks, loose coverings or other defects.
Stairs, Porches and Balconies
3.11
Exterior stairs, porches, balconies and landings shall be protected
from deterioration by the use of paint or other suitable protective
material.
Exterior Guards and Handrails
3.12 Guards and handrails shall be installed so as to prevent accident or
injury as required by the Ontario Building Code. A handrail shall be
installed and maintained in good repair in all stairwells. Guards shall
be installed and maintained in good repair around all landings,
porches and balconies. Guards, handrails or banisters shall be
constructed and maintained rigid in nature and to withstand the
loads to which they are subject to, due to intense use.
Plumbing
3.13 Every dwelling unit shall be provided with an adequate supply of
potable hot and cold water.
3.14 All plumbing fixtures shall be connected to a sewage system.
Electrical Service
3.15 Every dwelling and dwelling unit shall be wired for electricity and
shall be connected to an approved electrical supply system.
Heating Systems
3.16 Every dwelling and building containing a residential dwelling unit or
units shall be provided with suitable heating facilities capable of
maintaining an indoor ambient temperature of 22 degrees Celsius
(72 degrees Fahrenheit) in occupied dwelling units. The heating
system shall be maintained in good working condition, so as to be
capable of safely heating the individual dwelling unit to the required
standard.
3.17 All fuel burning appliances, equipment and accessories in a
dwelling shall be installed and maintained to the standards provided
by the Technical Standards and Safety Act, 2000, S.O. 2000, c.16,
as amended, and the applicable regulations thereunder or other
applicable legislation. Where the condition is determined to be
unsafe, a report from a qualified professional shall be prepared and
submitted to the Chief Building Official or Property Standards
Officer.
Fire Escapes, Alarms and Detectors
3.18 All fire escapes, alarms and detectors shall conform to the
requirements of the Ontario Building Code and the Fire Code.
3.19 Buildings using a fire escape as a secondary means of egress shall
keep the escape in good condition, free from obstructions and
easily reachable through an operable window or door.
Egress
3.20 Every dwelling and each dwelling unit contained therein shall have
a safe, continuous and unobstructed passage from the interior of
the dwelling and the dwelling unit to the outside at street or grade
level.
4.0 Vacant Lands and Buildings
4.1
4.2
4.3
4.4
Vacant land shall be maintained to the standards as described in
Section 2.2 of this By-law.
Vacant land shall be graded, filled or otherwise drained so as to
prevent recurrent ponding of water on said lot or neighboring
property.
Vacant buildings 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.
Buildings boarded up for more than 6 months shall be either
restored to conform with the standards of this By-law or where
deemed necessary by the Chief Building Official, will be ordered to
be demolished in accordance with this By-law.
5.0 Non-residential Property Standards
Yards
5.1
5.2
Every owner of non-residential property shall maintain his or her
property to the standards as described in Section 2.2 of this By-law.
Every owner of non-residential property where 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 maintain their property in a neat and orderly fashion
so as not to create an unsafe condition, and shall provide
unobstructed access for emergency vehicles. Where a validly
enacted site plan agreement applies to a property and includes
requirements concerning outside storage, such requirements or
provisions shall be deemed to be standards applicable to the
subject property, and in addition to any remedies under such
agreement, the Municipality may also enforce the failure to maintain
such standard as a violation of this property standards By-law.
Parking Areas and Driveways
5.3
5.4
All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, concrete or compacted stone or gravel and
shall be kept in good repair. Notwithstanding the foregoing, on non-
residential properties that abut residential properties, all areas used
for vehicular traffic and parking shall have a surface covering of
asphalt or similar hard surface or shall be treated to prevent dust.
All areas used for vehicular traffic, parking spaces and other similar
areas shall be maintained so as to afford safe passage under
normal use and weather conditions.
Exterior Walls
5.5
Exterior walls of a building or a structure and their components,
including soffit, fascia, windows and doors, shall be maintained in
good repair free from cracked, broken or loose masonry units,
stucco, or other defective cladding, or trim. Paint or some other
suitable preservative or coating must be applied and maintained so
as to prevent deterioration due to weather conditions, insects or
other damage.
Exterior Guards and Handrails
5.6 A guard shall be installed and maintained in good repair on the
open side of any stairway or ramp, as required by the Ontario
Building Code.
5.7. Ahandrail shall be installed and maintained in good repair in all
stairwells.
5.8 Guards shall be installed and maintained in good repair around all
landings, porches and balconies.
5.9 Guards, handrails and banisters shall be constructed and
maintained rigid in nature and to withstand the loads to which they
are subject to, due to the intended use.
Lighting
5.10 Lighting shall not be positioned so as to cause any impairment of
use or enjoyment of neighboring properties.
6.0 Administration and Enforcement
6.1 This By-law shall apply to all property within the limits of the
Township of Cavan Monaghan.
Property Standards Officers
6.2
a) the Chief Building Official and the By-law Enforcement
Officer are hereby appointed as Property Standards Officers,
and shall have the responsibility for administering and
enforcing this By-law.
b) a Property Standards Officer is hereby authorized to give
immediate effect to any order that is confirmed or modified
as final and binding under section 15.3(7) of the Building
Code Act, 1992, S.O. 1992, c.23, as amended, so as to
provide for:
i) repair of the property; or
ii) clearing of all buildings, structures or debris from the
site and the leaving of the site in a graded and leveled
condition.
Cc) upon completion of the work, the Municipality shall have a
lien on the land for the amount spent on repair or demolition.
The amount shall be deemed to be municipal real property
taxes and may be added by the Treasurer of the Municipality
to the collector’s roll and collected in the same manner and
with the same priorities as municipal real property taxes.
Property Standards Committee
6.3 For the purposes of this By-law, there is hereby established a
Property Standards Committee that shall be composed of all
members of Council.
7.0 Standards
7.1. The standards for the maintenance and occupancy of property set
out in this By-law are prescribed and adopted as the minimum
standards for all property in the Township of Cavan Monaghan.
8.0 Certificate of Compliance
8.1 If, in the Property Standards Officer’s opinion, a property is in
compliance with the standards set out in this By-law, upon the
request of an owner for such certificate and upon payment of the
8.2
fee prescribed herein for such certificate, the Property Standards
Officer shall issue to the owner, a compliance letter.
The prescribed fee for a compliance letter shall be in accordance
with the User Fees and Charges By-law for the Township at the
time of issuance of a certificate of compliance.
9.0 Compliance
9.1
9.2
9.3
9.4
All owners or occupants of property shall comply with the standards
prescribed in this By-law and any Property Standards Order as
confirmed or modified.
All property within the municipality that does not conform with the
standards contained in this By-law shall be repaired and maintained
to conform with the standards or the site shall be cleared of all
buildings, structures, debris or refuse and left in a graded and
leveled condition.
All repairs and maintenance of property shall be carried out with
suitable and sufficient materials in a manner acceptable to the
Property Standards Officer, and with good quality for the trades
concerned.
All new construction or repairs shall conform to the Ontario Building
Code and any other applicable legislation.
10.0 Penalties
10.1
10.2
Every person who contravenes any of the provisions of this By-law
is guilty of an offence and upon conviction therefore is liable to a
penalty or penalties as provided in the Provincial Offences Act,
R.S.O. 1990, c.P.33.
An owner who fails to comply with an Order that is final and binding
is guilty of an offence under Section 36(1) of the Building Code Act,
S.O. 1992, c. 23, and is liable to a penalty or penalties as set out in
Section 36 of that Act, as may be amended from time to time.
11.0 Validity and Severability
11.4
If a court of competent jurisdiction should declare any section or
part of a section of this By-law to be invalid, such section or part of
a section shall not be construed as having persuaded or influenced
Council to pass the remainder of this By-law, and it is hereby
declared that the remainder of the By-law shall be valid and shall
remain in force.
11.2
Where a provision of this By-law conflicts with the provision of
another By-law in force within the municipality, the provisions that
establish the higher standards to protect the health, safety and
welfare of the general public shall prevail.
Without limiting the generality of Section 11.2, notwithstanding that
a property may be determined to be in compliance with the
standards set out herein, such compliance shall not be construed,
constructed or deemed to mean that there is compliance with other
municipal by-laws, including but not limited to the Municipality’s
Comprehensive Zoning By-law.
12.0 Repeal and Transition
12.1
12.2
Except as provided by in Section 12.2 hereof, the following by-laws
are hereby repealed:
The Township of Cavan-Millbrook-North Monaghan By-law No.
2008-58
Notwithstanding Section 12.1 hereof, the provisions of the By-laws,
as amended, referenced in Section 12.1 shall continue to apply to
any properties in respect of which an Order has been given under
the said By-law until such Order has been completed or any
enforcement proceeding in respect of such an Order has been
concluded.
13.0 Effective Date
13.4
This By-law shall come into force on the day of the final passing
thereof.
Read a first, second and third time and passed this BY day of Set , 2017.
= McFadden Elana Arthurs
ayor Clerk