Property Standards By-law 13-2009
Central Huron, Ontario
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BYLAW 13-2009
The Municipality of Central Huron
A bylaw prescribing standards for the maintenance and occupancy of property within the
Municipality of Central Huron; for prohibiting the occupancy or use of such property that does
not conform with the standards; for requiring property that does not conform with the standards
to be repaired and maintained, or to be cleared of buildings, structures, debris or refuse.
WHEREAS the Ontario Building Code Act, S.O. 1992, C.23, Section 15.1(3) provides that a
municipal Council may pass a bylaw to prescribe standards for the maintenance and occupancy of
property within the municipality, and for prohibiting the occupancy or use of property that does not
conform with said standards, and for requiring property that does not conform to be repaired and
maintained or to be cleared of all buildings, structures, debris or refuse;
AND WHEREAS the Council of the Municipality of Central Huron deems it necessary and
expedient to pass such a bylaw, pursuant to the Ontario Building Code Act, S. 0. 1992, C.23, Section
15.1(3),
AND WHEREAS the Official Plan for The Municipality of Central Huron includes provisions
relating to property conditions
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that a bylaw
passed under Section 15.1(3) of the Building Code Act, S.O, 1992, c.23 shall provide for the
establishment of a Property Standards Committee;
AND WHEREAS the Council of the Corporation of the Municipality of Central Huron deems it
desirable to regulate and govern the maintenance of land and buildings in order to enhance the
quality of communities and/or neighborhoods, to protect the safety, health and well-being of the
public and to ensure the continued enjoyment of property for residents and property owners of the
Municipality
NOW THEREFORE the Council of the Municipality of Central Huron enacts as follows:
PART I - DEFINITIONS
1.1
"Accessory Building" means a detached building located on the same lot as an existing
building, the use of which is incidental or secondary to that of the main building and which is
not used for human habitation and includes a private garage or implement shed.
1.2
"Approved" means acceptance by the Property Standards Officer.
1.3
"Committee" means the Property Standards Committee of the Municipality of Central Huron
duly appointed by Municipal Council
1.4 "Corporation" means the Corporation of the Municipality of Central Huron
1.5 "Dwelling" means a building or structure or part of a building or structure, occupied or capable
of being occupied, in whole or in part ofthe purpose of Human Habitation.
1.6 "Garbage/Debris" means animal and vegetable waste and related waste products resulting
from the handling, preparation, cooking and consumption of food or drink and/or unwanted or
unused material or in the opinion of the officer is not deemed acceptable.
1.7 "Guard" means a protective barrier installed around openings in floor areas or on the open
sides of a stairway, landing, balcony, mezzanine, gallery, raised walkway, and other locations as
required to prevent accidental falls from one level to another. Such barriers may or may not
have openings through them.
1.8 "Habitable Room" means any room in a dwelling unit used for, or capable of being used for,
living, cooking, sleeping or eating purposes.
1.9 "Long Grass" means grass or brush exceeding 8 inches (20cm) in an urban area.
1.10
"Means of Egress" means a continuous, unobstructed path of travel provided by a doorway,
hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other exit facility used for
the escape of persons from any point within a building, floor area, room or contained open space
to a public thoroughfare or approved area of refuge usually located outside the building.
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1.11
"Non-habitable Room" means any room in a dwelling unit other than a habitable room,
including bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room,
or other space for service or maintenance ofthe dwelling.
1.12
"Noxious" means any thing that causes or is likely to cause:
a) impairment of the quality of the natural environment;
b) harm or material discomfort to any person;
c) injury or damage to property, or to animal or plant life;
d) any adverse effect to the health or safety of any person;
e) any nuisance or offensive or objectionable situation or condition.
1.13
"Occupancy" means the use or intended use of a building or structure for the shelter or
support of persons, animals or property.
1.14
"Occupant" means any person or persons over the age of 18 years in possession of the
property.
1.15
"Officer" means a Property Standards officer appointed by the Corporation to administer
and enforce this bylaw
1.16
"Owner" includes:
a) the person for the time being managing or receiving the rent of the land or
premises in connection with which the word is used, whether on the person's
own account or as agent or trustee of any other persou, or who would so receive
the rent if such land and premises were let, and
b) 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 main-
tenance and occupancy of property.
1.17
"Person" means any human being, association, firm, partnership, incorporated company,
Corporation, agent or trustee, and the heirs, executor or other legal representative of a person
to whom the context can apply according to law.
1.18 "Property" means a building or structure, or part thereof, and includes the lands and premises
appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings,
fences and erections thereon, whether heretofore or hereafter erected, and also includes vacant
land.
1.19 "Repair" includes the provision of facilities, the making of additions or alterations, or the
taking of any other action that may be required to ensure that a property conforms with the
standards established in this bylaw.
1.20 "Refuse/Rubbish" means combustible or non-combustible discarded or waste
materials
except garbage and shall include debris and other refuse.
1.21
"Standards" means the standards of the physical condition and of occupancy prescribed for
property by this Bylaw.
1.22
"Suite" means a single room or series of rooms of complementary use, operated nnder a
single tenancy, and includes dwelling units, individual guest rooms as well as individual stores.
1.23
"Unsafe" 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.
1.24
"Yard" means the land, other than publicly owned land, around or appurtenant to the
whole or any part of a residential or non-residential property and used or capable of being used
in connection with the property.
1.25
"Complaints" means all complaints received regarding Property Standards issues shall be in
writing and signed. The only exception to this rule are complaints received by the Reeve, any
present member of Council, the Chief Administrator, Clerk, Deputy Clerk, or Treasurer of the
Municipality of Central Huron which will be followed up in w-riting to the Chief Administrative
Officer.
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PART II - GENERAL STANDARDS FOR ALL PROPERTY
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 construction or
repairs shall conform to the Ontario Building Code, Ontario Fire Code and the Fire Prevention Act
where applicable.
Or
That the owner, tenant, or occupant of lessee shall repair and maintain the property in accordance
with standards prescribed in this bylaw to the Ontario Building Code Act and the Fire Code Act to
the satisfaction of the officer. The Ontario Building Code shall be used as the guide for determining
structural adequacy.
The following sections apply to 'Agriculutral buildings/structures' only when they are specifically
included in the section. The Canadian Farm Building Code shall be used as a guide in determining
the structural adequacy of farm buildings.
2.1
YARDS
Every yard, including vacant lots shall be kept clean and free from:
1) Garbage, refuse, rubbish or debris, and objects or conditions that may create a health,
fire or accident hazard;
2) wrecked, dismantled, discarded or abandoned machinery, vehicles, trailers, boats, etc.
unless it is necessary for the operation of a business enterprise lawfully situated on the
property;
3) All vehicles on any property must be licensed for the current year or if unlicensed be
stored in a building;
4) Long Grass, brush, undergrowth and noxious weeds as defined by the Weed Control
Act; or other weeds determined to be dangerous to public health
5) dilapidated, collapsed or partially constructed structures which are not currently under
construction;
6) injurious insects, termites, rodents, vermin or other pests;
7) all trees in any yard or on vacant property shall be kept pruned so as to be free from dead
or dying branches.
8) dead trees
2.2
SURFACE CONDITIONS
Surface conditions of yards shall be maintained so as to:
1) prevent ponding of storm water;
2) prevent surface water run-off from entering basements;
3) be kept free of garbage and refuse;
4) be kept free of deep ruts and holes;
5) provide for safe passage under normal use and weather conditions day or night;
6) not create a nuisance to other property.
2.3
SEW AGE AND DRAINAGE
1) Sewage shall be discharged into a sewage system.
2) No sewage of any kind shall be discharged onto the surface of the ground, whether into a
natural or artificial surface drainage system or otherwise.
3) Roof drainage shall not be discharged onto sidewalks, stairs or adjacent property.
2.4
PARKING AREAS, WALKS AND DRIVEWAYS
1) 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 and free of dirt and
litter.
2) Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as
to afford safe passage under normal use and weather conditions day or night.
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2.5
ACCESSORY BUILDINGS, FENCES AND OTHER STRUCTURES
1) Accessory buildings, fences and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
2) Accessory buildings, fences and other structures shall be protected from deterioration by
the application of appropriate weather resistant materials including paint or other
suitable preservative.
2.6
GARBAGE DISPOSAL
I) Every building, and dwelling unit shall be provided with a sufficient number of suitable
receptacles to contain all garbage, refuse and ashes that may accumulate on the property.
Such receptacles shall be constructed of watertight material, provided with a tight-fitting
cover, and shall be maintained in a clean, odour-free condition at all times.
2) Every non-residential building shall be provided with sufficient receptacles to contain all
refuse and litter as may be left by customers or other members of the public.
3) Garbage storage areas shall be screened from public view.
2.7
COMPOST
1) The occupant of residential property may provide for a compost container in accordance
with health regulations, provided that the compost container is no larger than one square
metre and 1.8 metres in height and is enclosed on all sides by concrete block or lumber,
or
other suitable materials, a metal frame building with a concrete floor, or a commercial
plastic enclosed container designed for composting.
PART III - RESIDENTIAL STANDARDS
3.1
GENERAL CONDITIONS
I) Every tenant, or occupant, or lessee of a residential property shall maintain the property
and land which they occupy or control in a safe, clean and sanitary condition and shall
dispose of garbage and debris on a regular basis.
2) Every tenant, or occupant or lessee of a residential property shall maintain every floor,
wall, ceiling and fixture, including hallways, entrances, laundry rooms, utility rooms,
and other common areas, in a safe, clean and sanitary condition.
3) Accumulation or storage of furniture, appliances, refuse or garbage in a means of egress
shall not be permitted.
3.2
PEST PREVENTION
I) Dwellings shall be kept free of rodents, vermin and insects at all times. Methods used
for extermination of such pests shall be in accordance with the provisions of the
Pesticides Act.
3.3
2) Openings, including windows, that might permit the entry of rodents, insects, vermin
or other pests shall be appropriately screened or sealed.
3.4
STRUCTURAL SOUNDNESS
1) Every part of a building shall be maintained in a structurally sound condition so as
to be capable of safely sustaining its own weight and any additional weight that may
be put on it through normal use, having a level of safety as required by the Ontario
Building Code.
2) Walls, roofs, and other exterior parts of a building shall be free from loose or improperly
secured objects or materials.
3.5
FOUNDATIONS
1) The foundation walls and floor of the basement, cellar or crawl space of a building
shall be structurally sound and maintained in good repair so as to prevent the entrance of
insects, rodents and excessive moisture. Maintenance includes the shoring of walls
to prevent settling, installing sub-soil drains at the footings where necessary, grouting
masonry cracks, damp-proofing and waterproofing walls, joints and floors.
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2) The basement, cellar or crawl space in a building shall be adequately drained.
3) Every dwelling, except for slab on grade construction, shall be supported by foundation
walls or piers which extend below the frost line, or to solid rock.
3.6
EXTERIOR WALLS
1) The exterior walls, parapet walls and components thereof of all dwellings shall be
maintained in good repair, weather-tight, free from loose or unsecured objects and
materials, and in a manner and condition which prevents deterioration due to natural
influences.
2) Maintenance of exterior walls shall include:
a) the application of paint or material to preserve all exterior wood and metal work;
b) the restoration, repair or replacement of the wall, bricks and mortar, stucco,
shingles or cladding, the coping, the flashing, and the water-proofing and
caulking of the wall and joints.
3)
Exterior walls and components thereof of a dwelling shall be free of unauthorized signs,
painted slogans, graffiti and similar defacements.
3.7
ROOF
1) Every building and farm building shall have a sound and tight roof adequate to carry the
load imposed thereon.
2) The roof, including the fascia board, soffit, cornice and flashing, shall be maintained in
weather-tight condition so as to prevent leakage of water into the building.
3) Maintenance shall include:
a) repairing the roof and flashing, applying waterproof coating, venting, installing
or repairing eavestrough and rain water pipes;
b) eavestroughing and down pipes kept in good repair, free from obstructions, and
properly secured to the building.
3.8
DOORS AND WINDOWS
1) Doors, windows, skylights, and basement or cellar hatchways shall be maintained in
good repair, reasonably draft free and weather-tight.
2) Maintenance may include painting, repairing, renewing, refitting or replacing damaged,
decayed or deteriorated doors, door frames, casings, thresholds; window sashes,
frames, casings; screens and weather stripping; defective or missing door and
window hardware; re-glazing or other suitable means of weatherproofing.
3) Solid core doors shall be provided for all entrances to dwelling units.
4) In a dwelling unit, all windows that are intended to open and all exterior doors shall
have suitable hardware to allow locking or otherwise securing from inside the dwelling.
At least one entrance door shall have suitable hardware to permit locking or securing
from either inside or outside the dwelling.
5) In residential buildings where there is a voice communication unit working in conjun-
ction with a security locking and release system, said system shall be maintained in good
working order at all times.
6) In a leased dwelling unit, every window that is located above the first storey of a
multiple dwelling shall be equipped with an approved safety device that would prevent
any part of the window opening greater than would permit passage of a 100 mm
diameter (3.9") sphere. Such safety device shall not prevent the window from being
fully opened in an emergency situation by an adult without the use of tools.
7) Nothing in this section shall cause to prevent doors, windows and other openings of
unoccupied buildings from being protected from damage or unauthorized entry.
Materials used for protection shall have an application of paint, varnish or other
acceptable preservative on the exterior.
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3.9
STAIRS, PORCHES AND BALCONIES
1) Any inside or outside stair, balcony, porch or canopy shall be maintained so as to be free
of holes, cracks and defects which may constitute a hazard.
2)
Maintenance shall include repairing or replacing treads and risers that are broken,
warped, loose, show excessive wear, or are otherwise defective; repairing or replacing
supporting structural members that show rot or deterioration; and painting or coating with a
preservative unless constructed of a material inherently resistant to deterioration.
3.10
GUARDRAILS
1) Handrails, banisters or balustrades shall be installed and maintained in good repair on the
open side of any stairway or ramp containing three or more risers including the landing, or a
height of 600 mm (24") between adjacent levels.
2) A handrail shall be installed and maintained in good repair in all stairwells.
3) Guardrails shall be installed and maintained in good repair around all landings, porches
and balconies.
4) Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature.
3.11
KITCHENS
Every dwelling unit shall contain a kitchen area equipped with:
1)
a sink that is served with hot and cold running water, and is surrounded by surfaces
impervious to grease and water;
2) suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
3) a counter or work area at least 610 mm (2ft) in width by 1,220 mm (4ft) in length,
4) a space provided for cooking and refrigeration appliances, including suitable electrical
or gas connections.
All of the above will be in accordance with the Ontario Building Code.
3.12
TOILET AND BATHROOM FACILITIES
1) Every dwelling unit shall contain a bathroom consisting of at least one fully operational
water closet, washbasin, and bathtub or suitable shower unit. Every washbasin and bath-tub
or shower shall have an adequate supply of hot and cold running water. Every water closet
shall have a suitable supply of running water.
2) Every required bathroom shall be accessible from within the dwelling unit, shall be fully
enclosed, and provided with a door capable of being locked for privacy.
3.13
PLUMBING
1) Each washbasin, a bathtub or shower, and one kitchen sink shall be equipped with an
adequate supply of hot and cold running water. Hot water shall be supplied at a tempera-
ture of not less than 43 degrees Celsius (11 0° F).
2) Every dwelling unit shall be provided with an adequate supply of potable running water
from a source approved by the Medical Officer of Health.
3) All plumbing, including drains, water supply pipes, water closets and other plumbing
fixtures, shall be maintained in good working condition, free ofleaks and defects.
4) All water pipes and appurtenances thereto shall be protected from freezing.
5) All plumbing fixtures shall be connected to a sewerage system through water seal traps.
6) Every fixture shall be of such materials, construction and design as will ensure that the
exposed surface of all part are hard, smooth, impervious to hot and cold water, readily
accessible for cleansing, and free from blemishes, cracks, stains, or other defects that
may harbour germs or impede thorough cleansing.
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3.14
ELECTRICAL SERVICE
1) Every dwelling unit shall be wired for electricity, and connected to an approved
electrical supply system.
2) The electrical wiring, fixtures, switches, receptacles and appliances located or used in
dwelling units and accessory buildings shall be installed and maintained in good
working order so as not to cause fire or electrical shock hazards. All electrical services
shall conform to the regulations established by the Power Corporations Act, as amended.
3) Every habitable room in a dwelling shall have at least one duplex electrical outlet for
each 11.1 square metres (120 sq ft) of floor space, and for each additional9.3 square
metres (1 00 sq ft) of floor area, a second duplex outlet shall be provided. Extension
cords shall not be used on a permanent basis.
4) Every bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar and
non-habitable work or storage room shall be provided with a permanent light fixture.
5) Lighting fixtures and appliances installed throughout the dwelling unit, including
hallways, stairways, corridors, passageways, garages and basements, shall provide
sufficient illumination so as to avoid health or accident hazards in normal use.
3.15
HEATING, HEATING SYSTEMS, CHIMNEYS, VENTS
1) Every dwelling and building containing residential dwelling units shall be provided with
suitable heating facilities capable of maintaining an indoor ambient temperature of 21 o
Celsius (70° F) in the 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.
2) All fuel burning appliances, equipment and accessories in a dwelling shall be installed and
maintained to the standards provided in the Energy Act, as amended, or other applicable
legislation.
3) Every dwelling unit shall be so constructed or otherwise separated to prevent the passage of
smoke, fumes and gases from that part of the dwelling which is not used, designed or
intended to be used for human habitation into other parts of the dwelling used for habitation.
Such separations shall conform to the Ontario Building Code.
4) All fuel burning appliances, equipment and accessories in a dwelling shall be properly
vented to the outside air by means of a smoke pipe, vent pipe, chimney flue or other
approved method.
5) Every chimney, smoke pipe, vent and flue shall be installed and maintained in good
repair so as to prevent smoke, fumes or gases from entering a dwelling. Maintenance
includes removing obstructions, sealing joints, and repairing loose or broken masonry.
6) Every chimney, smoke pipe, vent and flue shall be installed and maintained in good
condition so as to prevent the heating of adjacent combustible material or structural
members to unsafe temperature.
3.16
FIRE ESCAPES, ALARMS, DETECTORS
I) The owners of buildings of residential occupancies where sleeping accommodations are
provided for more than ten (1 0) persons, shall provide a listed fire alarm and fire detection
system approved by the Canadian Standards Association or Underwriters Laboratories of
Canada. Such systems need not be provided where a public corridor or exit serves not more
than four ( 4) dwelling units or individual leased sleeping rooms
2) In addition to the above, the occupant of a dwelling unit shall install an approved alarm
or detector between the sleeping area and the remainder of the dwelling unit, such as in a
hallway or corridor serving the bedrooms. Such alarm must be audible within bedrooms
when intervening doors are closed, and shall be equipped with visual or audio indication that
they are in operating condition, and shall be mounted on the ceiling or on a wall no more
than 152.4- 304.8 mrn (6"- 12") below the ceiling.
3) Buildings using a fire escape as a secondary means of egress shall have the escape in good
condition, free from obstructions and easily reached through an openable window or door.
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3.17
EGRESS
1) Every dwelling and each dwelling unit contained therein shall have a safe, continuous and
unobstructed passage from the interior of the dwelling and dwelling units to the outside at
street or grade level.
2) Each dwelling containing more than one dwelling unit shall have at least two (2) exits, both
or which may be common, or one common and the other an exterior stair or fire escape.
Access to the stair or fire escape shall be from corridors through doors at floor level, except
access from a dwelling unit may be through a vertically mounted casement window having
an unobstructed opening of not less than 1,067 by 559 mm ( 42" x 22") with a sill height of
not more than 914 mm (36") above the inside floor.
3) A single exit is permitted from a dwelling unit where the path of egress is through an
exterior door located at or near ground level and where access to such exit is not through a
room that is not under the immediate control of the occupants of the dwelling unit.
3.18
NATURAL LIGHT
I) Every habitable room except a kitchen, bathroom or toilet room shall have a window or
windows, skylights or translucent panels facing directly or indirectly to an outside space and
admits as much natural light equal to not less than ten percent of the floor area for living and
dining rooms, and five percent of the floor area for bedrooms and other finished rooms.
3.19
VENTILATION
1) Every habitable room in a dwelling unit, including kitchens, bathrooms or toilet rooms, shall
have openings for ventilation providing an unobstructed free flow of air of at least 0.28
square metres (3 sq.ft.), or an approved system of mechanical ventilation such that provides
hourly air exchanges.
2) The system of mechanical ventilation shall be maintained in good working order.
3) All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall
be adequately ventilated.
3.20
ELEVATING DEVICES
1) Elevators and elevating devices including all mechanical and electrical equipment, lighting,
fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency
communication systems shall be operational and maintained in good condition.
3.21
UTILITIES DISCONNECTED
1) Owners of residential buildings, or any person(s) 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 be a tenant or lessee,
except for such reasonable period of time as may be necessary for the purpose of repairing,
replacing or otherwise altering said service or utility.
3.22
OCCUPANCY STANDARDS
1) The number of occupants residing on a permanent basis in an individual dwelling unit shall
not exceed one person for every nine square metres (97 sq.ft.) of habitable floor area. For
the purpose of computing 'habitable floor area', any area with a minimum ceiling height less
than 2.1 metres (7 ft) shall not be considered.
2) No room shall be used for sleeping purposes unless it has a minimum width of two metres
(6.6 ft) and a floor area of at least seven square metres (75 sq.ft.). A room used for sleeping
purposes by two or more persons shall have a floor area of at least four square metres (43
sq. ft.) per person.
3) Any basement, or portion thereof, used as a dwelling unit shall conform to the following
requirements: each habitable room shall comply with all requirements set out in this bylaw;
floors and walls shall be constructed so as to be damp-proof and impervious to water
leakage; each habitable room shall be separated from service rooms by suitable fire
separation and approved under the Ontario Building Code; access to each habitable room
shall be gained without passage through a service room;
Or
4) Occupancy standards shall be in accordance with the Ontario Building Code and the Ontario
Fire Code as amended.
8
PART IV - VACANT LAND AND BUILDINGS
4.1
VA CANT LANDS
1) Vacant land shall be maintained to the standards herein described in Part II, Article 2.1.
2) Vacant land shall be graded, filled or otherwise drained to prevent recurrent ponding.
4.2 VA CANT BUILDINGS
1. Vacant buildings shall be kept clear of garbage, rubbish, refuse and debris.
2) Vacant buildings 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.
3) 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 weatherproof sheet plywood at least 12.7 mm (0.5 inch) securely fastened to
the building and painted a colour compatible with the surrounding walls.
PART V - NON-RESIDENTIAL PROPERTY STANDARDS
5.1
YARDS
I)
The yards of non-residential property shall be maintained to the standards herein
described in Part II, Article 2.1.
2)
The warehousing or storage of materials or operative equipment, 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 to provide unobstructed access for emergency vehicles.
3) Where conditions are neat and orderly but still offensive to view, the offensive area shall
be suitably enclosed by a solid wall or painted board or metal fence not less than 1.8 metres
(6ft) in height, which shall be maintained in good repair.
5.2
PARKING AREAS AND DRIVEWAYS
I) 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, clean and free
oflitter.
2) Notwithstanding the foregoing, non-residential properties which abut residential
properties shall have a surface covering of asphalt or similar hard surface on areas used
for vehicular traffic and parking.
3) 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.
5.3
STRUCTURAL SOUNDNESS
1) Every part of a building shall be maintained in a sound condition so as to be capable of
safely sustaining its own weight load and any additional load to which it may be subjected
through normal use, having a level of safety required by the Ontario Building Code.
Structural members or materials that have been damaged or indicate evidence of deterior-
ation shall be repaired or replaced.
2) Walls, roof, and other exterior parts of a building or structure shall be free from loose or
improperly secured materials or objects to the satisfaction of the Property Standards Officer.
5.4
EXTERIOR WALLS
I) Exterior walls of a building or structure and their components, including soffits, fascia,
windows and doors, shall be maintained in good repair, free from cracked, broken or loose
masonry, stucco, and other defective cladding or trim. Paint or other suitable preservative or
coating must be applied and maintained to prevent deterioration due to weather, insects or
other causes.
2)
Exterior walls of a building or structure and their components shall be free of
unauthorized signs, painted slogans, graffiti or similar defacements.
9
5.5
GUARDRAILS
1) A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing, or of a height of
600 mm (24") between adjacent levels.
2) A handrail shall be installed and maintained in good repair in all stairwells.
3) Guardrails shall be installed and maintained in good repair around all landings, porches
and balconies.
4)
Guardrails, balustrades and handrails shall be constructed and maintained in a rigid
nature.
5.6
LIGHTING
1)
All non-residential establishments shall install and maintain sufficient windows,
skylights and lighting fixtures necessary for the safety of all persons attending the premises,
or as may be required by the Occupational Health and Safety Act for industrial and com-
mercial properties.
2)
Lighting shall not be positioned so as to cause any impairment of use or enjoyment of
neighbouring properties.
PART VI - ADMINISTRATION AND ENFORCEMENT
6.1
PROPERTY STANDARDS COMMITTEE
1) Council of the Corporation of the Municipality of Central Huron shall, by bylaw, appoint no
fewer than three (3) no more than (5) persons of the municipality to the 'Property Standards
Committee' for a term concurrent with the term of Council.
6.2
PROPERTY STANDARDS OFFICER
1) Council of the Corporation of the Municipality of Central Huron shall appoint a
'Property Standards Officer' to be responsible for the administration and enforcement of
the provisions of this bylaw in accordance with the Ontario Building Code Act, S. 0.
1992, C.23, Section 15.2.
6.3
ORDER TO REMEDY AND COMPLY
1) Whereas an Officer finds that a property does not conform with any of the standards
prescribed in this bylaw, the Officer may make an Order to Remedy (See Schedules A-D
attached) stating the nature of the infraction or violation and outlining the steps to be taken
in order for the infraction or violation to be rectified.
2) The notice referred to in Article 6.3.1 may be either personally delivered to the owner,
or mailed by regular mail or Registered mail to the last known address of the owner.
Service of the notice shall be deemed to have been given either upon the personal service of
the notice, or upon written or verbal confirmation by the owner of the receipt of the notice
or, in the instance of service by registered mail, five days following the date of mailing.
3) If the Officer is unable to effect service under Article 6.3.2 he/she shall place a placard
containing the terms of the Order in a conspicuous place on the property, and the placing of
the placard shall be deemed as sufficient service of the Notice or Order on the owner or
other person.
4) In the event that the notice contemplated in Article 6.3.1 of this Bylaw has been served
upon a property owner in accordance with Section 6.3.2 or 6.3.3 such notice will serve to be
a notice requiring compliance with this Bylaw for the entire calendar year.
6.4
REGISTRATION OF ORDER
1) An Order made under Article 6.3 .1 may be registered in the proper Land Registry
Office and upon such registration, any person acquiring an interest in the land subsequent to
registration of the Order shall be deemed to have served under Article 6.3.1 and when the
requirements of the Order have been satisfied, the Clerk of the Municipality shall forthwith
register in the proper Land Registry Office, a Certificate that such requirements have been
satisfied which shall operate as a discharge of the Order.
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6.5
PENALTY
1) If an order of an officer made under section 6.3.1 is not complied with in accordance
with the order as deemed confirmed or as confirmed or modified by the Committee or a
Judge, the municipality may cause the property to be repaired or demolished
accordingly. The municipality shall have a lien on the land for the amount spent on the
repair or demolition and the amount shall be deemed to municipal real property taxes
and be added to the collector's roll and collected in the same manner and with the same
priorities as municipal real property taxes.
2) An owner who fails to comply with an Order by an Officer under this Bylaw is guilty of
an offence under Section 36(1) of the Building Code Act, S.O. 1992, C.23, and/or
Section 12 (Fire Code) of the Fire Protection and Prevention Act, S.O. 1997 c.4, and is
liable to a penalty or penalties as set out in those Acts.
3) Every person who contravenes the provisions of this Bylaw is guilty of an offence and
upon conviction therefore is liable to a penalty as provided for in Sec 61 of the
Provincial Offences Act as amended from time to time.
6.6
APPEAL
1) An owner or occupant who has been served with an Order, and who is not satisfied with
the terms and conditions thereof, may appeal to the Committee by sending a notice of
appeal by registered mail within 14 days after being served with the Order. All notices of
appeal shall be accompanied by a non-refundable payment of $150.00 dollars.
PART VII - CERTIFICATE OF COMPLIANCE
7.1
OFFICER- ON REQUEST- ISSUE CERTIFICATE
Following the inspection of a property, the Officer on request of the owner shall issue to the
owner a certificate of compliance, if in his or her opinion, the property is in compliance with
the standards of the Property Standards Bylaw passed under Section 15.1 of the Building
Code Act.
7.2
FEE- PAYABLE- CERTIFICATE OF COMPLIANCE
A fee shall be payable to the Municipality prior to the issuance of a Certificate of
Compliance where it is issued at the request of the owner in the amounts prescribed in the
current fee schedule Bylaw for the Municipality.
7.3
COMPLIANCE
The owner of any property which does not conform to the standards as set out in this Bylaw
shall repair and/or maintain said property to comply with the standards or the property may
be cleared of all buildings, structures, debris or refuse. All costs associated with repair or
maintenance will be the responsibility of the owner. At the discretion of the Property
Standards Officer, the property may be left in a graded level condition.
7.4
TRANSITIONAL RULES
After the date of passing of the Bylaw No xxxx, as amended, shall apply only to those
properties in which an Order To Comply has been issued prior to the date of passing of this
Bylaw, and then only to such properties until such time as the work required by such order
has been completed or any enforcement proceedings with respect to such Order, including
any demolition, clearance, or repair carried out by the Municipality shall have been
concluded.
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PART VIII- VALIDITY
8.1 VALIDITY
1) If, for any reason, any section, clause or provision of this Bylaw is declared by a Court
of competent jurisdiction to be invalid, the same shall not affect the validity of this
bylaw as a whole or any part thereof, other than the part which was declared to be
invalid.
8.2
2) Bylaw #51-2004 or any bylaw found to be inconsistent with this bylaw is herby found to
be repealed.
8.3
TITLE
This bylaw shall come into force upon the final passing thereof, and shall be cited as the
"PROPERTY STANDARDS BYLAW" for the Municipality of Central Huron.
'""
Read a first and second this ~~'::day of~"vl;08. J.oc
0
\
.
Read a third time and finally passed this'{flay off.<'Jf-.£''iiffJ:8: ;}ocCj
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Owners Name: _ _______ _
Address: __________ _
Corporation of the Municipality of Central Huron
INFORMAL NOTICE
(current date)
Dear Sir/ Madam:
RE:
(Description and Location of Property in violation)
Be advised that on-:-:---::-:---:--:--- an inspection of your property, as noted above, revealed certain
(date of inspection)
violations of the Municipality's Property Standards Bylaw No. 13-2009
Schedule "A", attached hereto, sets out the work required to remedy such violation and to bring the property
into compliance with the Bylaw.
Be advised that Bylaw No. 13-2009 gives the municipality the authority to issue an ORDER TO
COMPLY pursuant to Section 15.2-(2), Ontario Building Code Act, S.O. 1992, c.23.
It is desired that you will comply with this informal notice that the aforementioned procedural step will not
be necessary.
A reinspection of this property will take place on or about
to ascertain compliance.
(date of reinspection)
Should you require further information pertaining to this matter please do not hesitate to contact the
undersigned during normal business hours.
Property Standards Officer
Lorna VanderPloeg MLEO©; CPSO
(519) 492-3997 ext 222
[email protected]
*NOTE: AN INFORMAL NOTICE IS NOT REQUIRED UNDER PROVINCIAL STATUTE. HOWEVER, IT MAY BE GIVEN
AS A COURTESY.
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Corporation of the Municipality of Central Huron
ORDER TO REMEDY VIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY
Pursuant to Section15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date
Owner's Name and Address
*NOTE: ORDER PROVIDED AFTER AN INFORMAL NOTICE WAS ISSUED.
Dear Sir/ Madam:
RE: Description and Location of Property in Violation
WHEREAS on ;-;-:-c------ you were served with an Informal NOTICE that required you to
(date)
remedy certain violations of standards of maintenance and occupancy at your property, described above.
AND WHEREAS you have failed to remedy the noted violation(s) as set out in Schedule "A", attached
hereto and which forms part of this ORDER.
THEREFORE, IT IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be
remedied and the property brought into a condition of compliance with the prescribed standards as set out in
the Property Standards Bylaw No 13-2009 on or before
Date
TAKE NOTICE that if such violations are not remedied within the time specified in this order, the
municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with the terms or conditions of
the order may appeal to the committee by sending a NOTICE OF APPEAL by registered mail to the
Secretary of the committee within fourteen (14) days after service of the order, and, in the event that no
appeal is taken, the order shall be deemed to have been confirmed.
FINAL DATE FOR APPEAL:---------------------
Lorna VanderPloeg MLEO(C); CPSO
Property Standards Officer
(519) 482-3997 ext 222
[email protected]
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Corporation of the Municipality of Central Huron
ORDER TOREMEDYVIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date
Owner's Name and Address
Dear Sir/ Madam:
RE: Description and Location of Property in Violation
BE ADVISED that on ( Date of Inspection) an inspection of your property, as noted above, revealed
certain violations of the Municipality's Property Standards Bylaw No 13-2009.
The violation(s) are set out in Schedule "A", attached hereto, and forms part of this ORDER
·rr IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be remedied and the
property brought into a condition of compliance with the prescribed standards as set out in the Property
Standards Bylaw No. 13-2009 on or before:
Date
TAKE NOTICE that if such violation(s) are not remedied within the time specified in this order, the
municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with the terms or conditions of
the order may appeal to the committee by sending a NOTICE OF APPEAL by registered mail to the
Secretary of the committee within fourteen (14) days after service of the order, and, in the event that no
appeal is taken ,the order shall be deemed to have been confirmed.
FINAL DATE FOR APPEAL:-------------
Lorna VanderPloeg MLEO(C); CPSO
Property Standards Officer
(519) 482-3997 ext 222
*NOTE: ORDER PROVIDED WITH NO INFORMAL NOTICE ISSUED.
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NOTICE OF APPEAL
TO PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.1 of the Ontario Building Code Act
To the Secretary : Brenda Macisaac
Property Standards Appeal Committee
Corporation of the Municipality of Central Huron
PO Box 400 Clinton, Ont. NOM ILO
Date
RE: Order to Remedy Violation of Standards of
Maintenance and Occupancy at:
Description and Location of Property in Violation
TAKE NOTICE of the appeal of the undersigned to the Property Standards Appeal Committee because of
dissatisfaction with the above referenced order to remedy violation of standards of maintenance and
occupancy served upon the undersigned on------------
Name (Owner or Agent)
Address:
Telephone Number:
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with the terms or conditions of
the order may appeal to the committee by sending a NOTICE OF APPEAL by registered mail to the
Secretary of the committee within fourteen days after service of the order, and, in the event that no appeal is
taken, the order shall be deemed to have been confirmed.
The Building Code Act, S.O. 1992, Chapter 23, section 15.3(1)
Signature of Owner or Authorized Agent
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Corporation of the Municipality of Central Huron
SUBSTANDARD PROPERTY
Ontario Building Code Act, S.O. 1992, c.23
ORDER TO COMPLY
RE: Description and Location of Property in Violation
THIS PROPERTY has been found NOT to be in conformity with the Standards of
Maintenance and Occupancy established by this Municipality and as set out in the Property
Standards Bylaw No. 13-2009.
SCHEDULE "A", attached hereto, sets out the work required to remedy such
violation(s) and to bring the property into compliance with the Bylaw.
BE ADVISED THAT THIS PROPERTY MUST BE MADE TO
CONFORM WITH THE BYLAW ON OR BEFORE THE
____ DAY OF ___ ,20
Further information may be obtained at the Property Standards Office located at:
Dated at
Municipality of Central Huron
P.O. Box 400,23 Albert Street, Clinton, Ontario NOM lLO
Telephone: 519-482-3997 Fax: 519-482-9183
, this
day of
20.
Property Standards Officer
Lorna VanderPloeg MLEO(C); CPSO
(519) 482-3997 ext 222
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