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## THE CORPORATION OF THE TOWNSHIP OF CLEARVIEW
## BY-LAW NUMBER 17-98
## A By-law Prescribing Standards for the Maintenance and Occupancy of Property
WHEREAS Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, C.23, as amended, authorizes the council of a municipality to pass a by-law 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; and for requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or requiring the property to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition;
NOW THEREFORE, the Council of the Corporation of the Township of Clearview enacts as follows:
## 1.0 TITLE AND SCOPE
- 1.1 This By-law may be referred to as "The Property Standards By-law".
- 1.2 The standards for maintenance and occupancy of property set forth in this By-Law are hereby prescribed and adopted as the minimum standards for all property within the Township.
- 1.3 No person shall occupy a property if there is a condition which poses or constitutes an unsafe condition.
- 1.4 A property within the Township that does not conform with the standards contained in this By-law shall be:
- (a) repaired and maintained to conform with such standards; or
- (b) cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition.
- 1.5 The delatiod of agraptural op to prey under faceting
and Food Production Protection Act, 1998, S.O. 1998, c.1, from carrying out a normal farm practice as provided for and defined under that Act.
## 2.0 APPLIED MEANING OF WORDS AND TERMS
- 2.1 Interchangeability: Words used in the present tense include he future, words in the masculine gender include th eminine and neuter; the singular number includes the plura and the plural includes the singular.
## 3.0 DEFINITIONS
In this By-law:
- "accessory building" means a detached building or structure, not used for human habitation that is subordinate to the primary use on the same property;
- "boat" means any vessel which floats on the surface of the water and is capable of carrying people or material whether motorized or not and includes but is not limited to pleasure craft, scows, personal water craft, canoes, row boats, pontoon boats and commercial boats, when on the water or on land;
- "building" means a building as defined in the Building Code Act, or a structure used or intended to be used for supporting or sheltering any use or occupancy;
- "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended and any prescribed regulations under the Building Code Act;
- "dwelling" means a building or part of a building, occupied or capable of being occupied, in whole or in part for the purpose of human habitation;
- "dwelling unit" means a room or a suite of rooms operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and supporting general living conditions including cooking, eating, sleeping and sanitary facilities;
*ra Bior paean areas my bathe property, exclusive
"fence" means a structure, wall or barrier, other than a building, erected at grade for the purpose of defining boundaries of property, separating open space, restrictin ngress to or egress from property, providing security o protection to property or acting as a visual or acoustic screen;
"ground cover" means organic or non-organic material applied to prevent the erosion of the soil, e.g., concrete, flagstone, gravel, asphalt, grass or other landscaping;
"habitable room" means a room or enclosed floor space used, or capable of being used for living, eating, sleeping or domestic food preparation purposes, but bathroom, water closet compartment, laundry, pantry, foyer, lobby, hall, passageway, corridor, closet, stairway, basement or cellar recreation room, storage room, furnace room or other accessory space used for service, maintenance or access within a building;
"Noxious Weed" means, as defined in the Weed Control Act, R.S.O. 1990, c. W. 5, as amended, a plant that is deemed to be a noxious weed under subsection 10 (1) or designated as a noxious weed under section 24 (a) of that Act, as amended;
"occupant" means any person or persons over the age of eighteen years in possession of the property;
"openable area" means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors;
"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 person, or who would
receive the rent if the land and 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 a corporation and its heirs, executors, administrators, or other representatives of a person to whom the context can apply according to law;
"property" means a building or accessory building, or part of a building or accessory building, and includes the lands and premises appurtenant thereto and all mobile structures, mobile buildings, mobile homes, outbuildings, fences, retaining walls, and erections thereon, whether heretofore or hereafter erected, and also includes vacant property;
"Property Standards Officer" shall mean a Property Standards Officer who has been appointed by by-law to administer and enforce this By-law;
"sewage" means water-carried waste, together with such ground, surface and storm waters as may be present;
"Township" means the Corporation of the Township of Clearview or the land within the geographic limits of the Corporation of the Township of Clearview as the context requires;
"unsafe condition" means any condition that poses or constitutes an undue or unreasonable hazard or risk to life, limb or health of any person on or about the property.
"vacant building" means any building or accessory building that is or appears to be vacant, partially vacant, or unoccupied, or that, by reason of its unfinished or dilapidated condition, is open to the elements and in a state that there is little to no control over unauthorized entry, but does not include:
- (a) a dwelling unit occupied by the owner on a seasonal basis but otherwise maintained throughout the year;
- (b) a building on property used for farming purposes, except a dwelling unit.
"vacant property" means a property that does not have a building or accessory building;
"yard" means the land, other than publicly owned land, around or appurtenant to the whole or any part of a building or accessory building, and includes vacant property.
- 4.0 EXTERIOR PROPERTY AREAS - GENERAL REQUIREMENTS
- 4.1 Exterior Property Areas shall be kept in a neat and tidy condition, and free from:
- (a) rubbish, garbage, brush, waste, litter and other debris;
- (b) injurious insects, termites, rodents, vermin and other pests;
- (c) Noxious weeds and excessive growth of other weeds and grass;
- (d) unsightly and unreasonably overgrown, in relation to their environment, ground cover, hedges and bushes;
- (e) dead, decayed, or damaged trees, or other natural growth and the branches and limbs thereof which create an unsafe condition;
- wrecked, dismantled, derelict, inoperative, discarded, unused or an unlicensed vehicle or trailer, except in an establishment licensed or authorized to conduct and operate a business, and then only in 1 an arrangement such as to prevent an unsafe condition or an unsightly condition and screened from view from an adjacent property;
- (g) wrecked, dismantled, derelict, inoperative, discarded or unused boat and any component parts thereof, 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 and screened from view from an adjacent property;
- (h) machinery or any parts thereof, or other objects or parts thereof, or accumulations of material or conditions that create an unsafe condition or an unsightly condition out of character with the surrounding environment;
- (i) dilapidated or collapsed building and any unprotected well or other unsafe condition or unsightly condition out of character with the surrounding environment.
- 4.2 Suitable ground cover shall be provided to prevent erosion of the soil. Where grass from a part of the ground cover has been killed due to the application of calcium chloride or other chemicals to walkways or driveways adjacent to a property, or for other reasons, such dead areas shall be re-sodded or re-seeded as often as required so as to restore the grass to a living condition.
- 4.3 Hedges, plantings, trees or other landscaping, required by the Township 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 intended function and maintain an attractive appearance.
- 4.4 Landscaping and general maintenance of the exterior
## 5.0 DRAINAGE
- 5.1 Exterior property areas shall be graded and maintained ir such a manner as to prevent the excessive or recurrent ponding of storm water thereon, and shall be cultivated or protected with a suitable ground cover to prevent erosion of the soil. All catch basins and swales shall be installed and maintained and all ditches maintained so as to not impede the natural flow of water.
·
- 5.2 The storm water run-off from all downspouts of impervious surfaces shall be contained within the limits of the property from which it originates until absorbed by the soil or drained to a storm sewer, or to a natural or artificially-created swale, ditch or watercourse.
## 6.0 HEALTH
- 6.1 All sewage shall be discharged into an approved private or public sewage disposal system.
## 7.0 BUFFERING
- 7.1 Property which, because of its use or occupancy, or for othe easons under the zoning by-law is required to be buffere shall:
- (a) maintain an effective barrier to prevent lighting an ehicle headlights from shining directly into a dwellin unit;
- (b) maintain an effective barrier to prevent wind-blow vaste, wrappings, debris and the like from encroachin on an adjacent property;
- maintain a visual screen, to minimize the visual impact of a nuisance to a person who owns or occupies an adjacent property.
## 8.0 RETAINING WALLS
- 8.1 A retaining wall shall be maintained in good repair and free from accident hazards.
- 8.2 Without restricting the generality of the 8.1 the maintenance of a retaining wall may include:
- (a) redesigning, repairing or replacing all deteriorated, damaged, misaligned or missing portions of the wall, or railings and guards appurtenant thereto;
| | (b) | installing subsoil drains where required to maintain the stability of the wall; |
|------|-----------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| | (c) | grouting masonry cracks; |
| | (d) | applying a coat of paint or equivalent preservative to all metal or wooden exposed components. |
| 9.0 | FENCES | FENCES |
| 9.1 | A fence on a property separating adjoining property shall: | A fence on a property separating adjoining property shall: |
| | (a) | be in a structurally sound condition and plumb, unles specifically designed to be other than vertical |
| | (b) | be maintained in a good state of repair and free of accident hazards; |
| | | (c) not present an unsightly appearance. |
| 9.2 | Without restricting the generality of the 9.1 the maintenance of a fence may include: | Without restricting the generality of the 9.1 the maintenance of a fence may include: |
| | | (a) protecting by paint, treated with a preservative or other weather resistant material unless the aesthetic characteristics of the fence, screen or enclosure are enhanced by the lack of such treatment. |
| 10.0 | LIGHTING STANDARDS AND FIXTURES | LIGHTING STANDARDS AND FIXTURES |
| 10.1 | Artificial lighting standards and fixtures shall be kept in a safe condition, in good working order and in good visual condition. | Artificial lighting standards and fixtures shall be kept in a safe condition, in good working order and in good visual condition. |
| 11.0 | RECREATIONAL AREAS | RECREATIONAL AREAS |
| 11.1 | A recreational area and the equipment provided in connection therewith shall be kept in a safe, operable, usable condition. | A recreational area and the equipment provided in connection therewith shall be kept in a safe, operable, usable condition. |
| 12.0 | COMMUNAL WALKWAYS, DRIVEWAYS, RAMPS, PARKING AREAS AND OUTSIDE STAIRS AND LANDINGS | COMMUNAL WALKWAYS, DRIVEWAYS, RAMPS, PARKING AREAS AND OUTSIDE STAIRS AND LANDINGS |
| 12.1 | A communal walkway, driveway, ramp, parking area and outside stairs and landings shall be promptly cleared of snow | A communal walkway, driveway, ramp, parking area and outside stairs and landings shall be promptly cleared of snow |
and appropriate measures shall be taken to minimize the risk of persons slipping or vehicles skidding on an icy surface.
- 12.2 An area used for vehicle traffic and parking shall be maintained through paving or surfaced with crushed stone or other suitable and reasonably dust-free substance, and shall be free from ponding and puddles and maintained in good repair and condition.
- 12.4 A paved communal parking area shall be maintained with suitable markings, such as painted lines, to indicate parking spaces, entry and egress for vehicles.
- 12.5 A walkway shall be repaved, resurfaced or regraded as often as necessary to maintain a reasonably smooth, slip-free and safe walkway.
## 13.0 BUILDINGS AND ACCESSORY BUILDINGS
## 13.1 STRUCTURAL CAPACITY
- 13.1.1 A building, accessory building, or any part thereof shall be capable of resisting, with at least the factor of safety specified in the Building Code Act, its own weight and the load that may be applied to it through natural causes, such as snow, wind and all other such causes, all as set out in the Building Code Act, and without exceeding the soil capacity and the maximum differential or other settlement as specified therein. An inspection report prepared, stamped and signed by an engineer qualified in the pertinent field and licensed in the Province of Ontario, shall be submitted for approval when the structural capacity of any part of a building or accessory building, in the opinion of a Property Standards Officer or Building Inspector, is in doubt.
## 13.2 ACCIDENT PROTECTION
- 13.2.1 When an unsafe condition exists to persons in a building or accessory building, the Building Code Act shall apply to the extent necessary to abate the unsafe condition. In not prat cal, the Propelity Stad tard oldier cay accept alternative measures provided the standards of safety that
result is generally equivalent to the standards provided by the Building Code Act.
- 13.2.2 Without limiting the generality of section 13.2.1, the abating of an unsafe condition may include:
- the provision or repair of stairs, balustrades, railings, guards and screens so as to minimize the risk of accident; and
- the elimination of other conditions which, in themselves are a hazard to life or which risk serious jury to persons normally in or about the subje uilding, accessory building, room, suite of room or space.
## 14.0 HEALTH AND REFUSE
- 14.1 A building and accessory building on a property shall be kept free of garbage, refuse, and pests, such as rodents, vermin, termites and injurious insects.
- 14.2 Every residence building floor, having a common access corridor to individual apartments shall be maintained and the central storage and disposal facility shall be maintained.
- 14.3 In a dwelling unit and an accessory building, sufficient rooms, containers and receptacles shall be maintained to safely contain all garbage, rubbish, ashes, waste and other refuse, which shall not be allowed to accumulate but shall be removed or made available for removal in accordance with any applicable by-laws.
- 14.4 An external container and receptacle described in section 14.2 shall be screened from view and shall be provided with a cover so that the material contained therein is not exposed to injurious insects, termites, rodents, vermin or other pests.
- 14.5 Garbage chutes, disposal rooms, containers and receptacles shall be washed down and disinfected as necessary so as to maintain a clean and odour free condition.
- 14.6 Injurious insects, termites, vermin, rodents and other pests shall be exterminated and appropriate measures shall be taken to prevent their re-entry.
- 14.7 In a dwelling, openings in the exterior walls or roof shall be fitted and maintained as to protect all habitable space from water and weather entry, and so as to make such space free from drafts.
- 14.8 No portion of a dwelling shall be used for human habitation unless:
- (a) the floors, walls and ceiling areas are watertight and free from dampness at all times;
- the total window area, the total openable area for natural ventilation and the ceiling height are in accordance with the provisions of the Building code Act or, alternatively, reventilation and/or mechanical ventilation is provided as prescribed by the Building Code Act;
- (c) the required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area, or the top of the windo vell, whichever is the higher elevation; an
- (d) a heating system is provided and operated so as to maintain a minimum of not less than 21 degrees Celsius, between the 15th day of September to the 1st day of June of the following year.
## 15.0 HEATING, HEATING SYSTEMS, CHIMNEYS, VENTS AND FUEL BURNING APPLIANCES
- 15.1 Every building containing an occupied dwelling unit or habitable room shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius. A heating system shall be
- 15.2 A fuel burning appliance shall:
- (a) ave ample air supply to permit combustion to occu ith optimum oxygen available
- (b) be located in such a manner as to prevent impediment o the free movement of a person and the overheatin f adjacent materials and equipment
- (c) have guards where necessary to minimize the risk of an accident.
- 15.3 Where a heating system or part thereof requires solid or liquid uel to operate, a place or receptacle for such fuel shall b rovided and maintained in a safe condition and location s as to be free from fire or accident hazard.
- 15.4 A fuel burning appliance, equipment and accessories shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method and as may be required by the Building Code Act.
- 15.5 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good repair so as to prevent the escape of smoke, fumes or gases from entering a building. Maintenance may include the removal of obstructions, sealing open joints, and the repair of loose or broken masonry units.
- 15.6 Every chimney, smoke-pipe, flue and vent shall be installec and maintained in good repair so as to prevent the heating of adjacent combustible material or structural members to
## 16.0 LIGHTING
- 16.1 eye strain.
## 17.0 VENTILATION
- 17.1 Sufficient ventilation shall be provided to all areas so as to prevent accumulations of heat, dust, vapours, odours, carbon
monoxide and other gases likely to create a potential hazard or to become a nuisance.
- 17.2 A kitchen, bathroom, shower room and toilet room shall be provided with adequate natural or artificial means of ventilation.
- 17.3 An enclosed area including a basement, cellar, crawl space and an attic shall be adequately ventilated.
- 17.4 A system of mechanical ventilation shall be maintained in good working order.
## 18.0 PLUMBING
- 18.1 A dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical
- 18.2 A washbasin, bathtub or shower, and one kitchen sink shall be equipped with an adequate supply of hot and cold running water.
- 18.3 and sanitary condition.
- 18.4 A fixture shall be of such materials, construction and design as will ensure that the exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily accessible for cleansing and free from blemishes, cracks, stains or other defects that may harbor germs or impede thorough cleansing.
- 18.5 All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures shall be maintained in freezing.
- 18.6. All other buildings, shall maintain all toilet and washing facilities as required by the Building Code Act:
- (a) in good working order;
- (b) in a clean and sanitary condition;
- (c) supplied with hot and cold running water, with cold water connection only to toilets and urinals;
- (d) connected to the drainage system.
## 19.0 KITCHEN
- 19.1 A dwelling unit shall contain a kitchen area equipped with:
- (a) one sink surrounded by a surface that is impervious to grease and water;
- (b) a suitable storage area;
- (c) a counter or work area, exclusive of the sink and covered with a material that is impervious to moisture and grease and is easily cleanable;
- (d) a space provided for cooking and refrigeration appliances including suitable electrical or gas
## 20.0 BATHROOM
- 20.1 A dwelling unit shall contain a bathroom consisting of at least one fully operational toilet, washbasin, and a bathtub or suitable shower unit.
- 20.2 Where a toilet or bathroom facility is shared by occupants of 1, other than a self-containe from a common passageway, hallway, corridor or other common space to the room or rooms containing the said facility.
## 21.0 ELECTRICAL SERVICE
- 21.1 A dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system.
- 21.2 The capacity of the connection to a building or accessory building and the system of circuits distributing the electrical supply of the building or accessory building shall be adequate for the use and intended use.
- 21.3 Electrical wiring, cords, circuits, fuses, circuit breakers, electrical equipment and electrical heating systems shall be installed and maintained in good working order, free from fire and accident hazards.
## 22.0 RECREATIONAL FACILITIES AND ROOMS
- 22.1 A recreational facility and rooms for the use of occupants of a building or accessory building, shall be maintained, repaired and cleaned as necessary to maintain the recreational facility or room in a safe, clean and useable condition.
## 23.0 DISCONNECTED UTILITIES
- 23.1 An owner of a residential building 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 a dwelling unit and habitable room 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 said service or utility.
## 24.0 FOUNDATIONS
- 24.1 A foundation of a building or an accessory building shall be maintained in good repair so as to prevent settlement detrimental to the appearance of the building or accessory building, or the entrance of moisture, vermin, termites and insects or rodents into the building or accessory building.
- 24.2 Without limiting the generality of section 24.1, the maintenance of a foundation may include:
- (a) the jacking-up, underpinning or shoring of the foundation where necessary;
- (b) the extension of footings and foundations below grade or regrading to provide adequate frost cover;
- (c) installing subsoil drains at the footing where such would be beneficial;
- (d) the grouting of masonry cracks;
- (e) waterproofing the wall and joints;
- (f) the carrying out of such other work as may be required to overcome any existing settlement detrimental to the appearance of the building or accessory building;
- (g) repairing or replacing decayed, damaged or weakened sills, piers, posts or other supports;
- (h) making sills, piers, posts or other supports insect-proof by the application of suitable materials; and
- (i) coating with a preservative.
## 25.0 EXTERIOR WALLS, COLUMNS AND BEAMS
25.1 The components of an exterior wall of a building or an accessory building shall be maintained:
- (a) in good repair;
- (b) weather tight;
- (c) free from loose or unsecured objects or materials;
- (d) so as to prevent the entrance of insects or rodents;
- (e) so as to prevent deterioration due to weather, insects, vermin, termites, rodents and other animals; and
- (f) so as to prevent deterioration detrimental to the appearance of the building or an accessory building.
- 25.2 Without restricting the generality of section 25.1, the maintenance of an exterior wall of a building or an accessory building may include:
- (a) the applying of materials to preserve all exterior wood and metal work or other materials not inherently resistant to weathering;
- (b) the applying of materials to improve or maintain a pleasant and satisfying appearance at least commensurate with that of the neighbourhood;
- (C) the restoring, repairing or replacing of:
- i) the wall;
- ili) the stucco, shingles or other cladding;
- ii) the masonry units and mortar;
- iv) the coping; and
- v) the flashing and waterproofing of the wall and joint.
- 25.3 Exterior columns and beams shall be maintained in a good state of repair and any decorative trim shall be maintained ir a safe condition. Where necessary, such columns, beams an trim shall be restored, repaired or replaced and suitably protected or treated against weathering, so as to prevent or remedy deterioration detrimental to the appearance of the building or accessory building.
## 26.0 EXTERIOR DOORS, WINDOWS AND OTHER OPENINGS
- 26.1 Shutters, windows, doors, hatchways and other exterior openings in a building or an accessory building shall be kept weathertight, draft free, and in good repair and working
- 26.2 Without restricting the generality of section 26.1, the maintenance of a shutter, window, door, hatchway and other exterior opening may include:
- (a) painting or the applying of a similarly effective preservative;
- (b) the repair, replacement or renewing of damaged, decaying, missing or defective:
- i) doors;
- ii) door frames and casings;
- iii) windows and window sashes;
- iv) window frames and casings;
- v) shutters; and
- vi) screens;
- (c) refitting doors, windows, shutters or screens;
- reglazing or fitting with an translucent substitute; (d)
- (e) rescreening;
- (f) using other approved means of weatherproofing where the opening is used or required for ventilation or illumination and is not protected by a window, door or
- i) screening with wire mesh, metal grills or other equivalent durable material; or
- ii) other protection so as to effectively prevent the entry of rodents or vermin.
- 26.3 Glazed doors, windows and other transparent surfaces shall be kept clean so as to permit unimpeded visibility and unrestricted passage of light.
- 26.4 Nothing in this section shall be construed as preventing doors, windows and other openings in an unoccupied building or accessory building from being protected from damage or to prevent entry, for such time as determined by section 31.0.
- 27.0 DOCKS ARS BAL, VERANDAS, PORCHES, DECKS, LOADING
- 27.1 An exterior stair, veranda, porch, deck, loading dock, balcony appurtenance attached thereto shall be maintained, reconstructed or repaired so as to be safe to use and capable of supporting the loads to which it may be subjected, as specified in the Building Code Act, and shall be kept in sound condition and good repair, free of all accident hazards and other deterioration or objects detrimental to the appearance of the building or accessory building.
- 27.2 Without restricting the generality of section 27.1, the maintenance, reconstructing or repairing of an exterior stair, veranda, porch, deck, loading dock and balcony may include:
- repairing or replacing treads, risers or floors that show excessive wear or are broken, warped, loose or otherwise defective;
- repairing, renewing or supporting structural members that are rotted, deteriorated or loose;
- (c) providing, repairing or renewing guard rails, railings and balustrades; and
- (d) painting or the applying of an equivalent preservative.
## 28.0 ROOFS AND ROOF STRUCTURES
- 28.1 A roof, roof deck and related guards of a building or accessory building shall be:
- (a) weather tight and free from leaks;
- (b) free from loose or unsecured or unsafe objects and materials;
- (c) free from all other accident and fire hazards;
- (d) free from dangerous accumulation of ice and snow;
- (e) kept in a good state of repair;
- (f) free from other unsightly objects and conditions detrimental to the appearance of the building or accessory building.
- 28.2 The drainage from all roof surfaces shall discharge into an eavestrough or roof gutter and thence to a downpipe.
- 28.3 An eavestrough, roof gutter and downpipe shall be kept:
- (a) in good repair;
- (b) in good working order;
- (c) water tight and free from leaks;
- (d) free from health and accident hazards; and
- (e) protected by painting or the applying of other equivalent preservative.
- 28.4 Chimneys, smoke or vent stacks and other roof structures shall be maintained plumb and in good repair so as to be free from:
- (a) loose bricks, mortar and loose or broken capping;
- (b) loose or rusted stanchions, guy wires, braces and attachments;
- any fire or accident hazard; and (c)
- (d) unsightly objects and conditions detrimental to the appearance of the building or accessory building.
## 29.0 EXTERIOR MAINTENANCE
- 29.1 All exterior surfaces that have been previously painted, stained, varnished or which have received other similar protective finishes shall be maintained without visible deterioration from the original finish, or shall be suitably refinished by application of an equivalent preservative.
- 29.2 Appropriate measures shall be taken to remove any graffiti, markings, stains or other defacement, occurring on the exposed finished exterior surfaces and, where necessary, to restore the exterior surface and adjacent areas to, as near as possible, to its appearance before the markings, stains or defacement occurred.
- 29.3 In the event of fire or other disaster, measures shall be taken as soon as possible to make the damaged building or accessory building compatible with its environment Without restricting the generality of the foregoing, such measures include:
- (a) making the building or accessory building safe;
- (b) repairing of damaged surfaces exposed to view;
- (c) cleaning any damaged surfaces exposed to view; and
- (d) refinishing so as to be in harmony with adjoining undamaged surfaces.
- 29.4 In the event the building or accessory building is beyond repair, the property shall be cleared of all remains and left in a graded level and tidy condition.
- 30.0 INTERIOR WINDOWS, DOORS, SURFACES, FLOORS AND STAIRS
- 30.1 Interior windows, doors, surfaces, floors and stairs shall be maintained:
- (a) in a clean, odour-free and sanitary condition, reasonable for the normal use or occupancy of the room, passageway, enclosure or space;
- (b) in good working order and repair, free from holes, loose, broken, warped, torn damaged or decayea boards or materials
- (c) free from depressions, protrusions, deterioration or other defects which could create an unsafe condition or which are out of character with the normal use of the area in which such defect occurs;
- so as to afford the fire resistive properties and other protection for which they shall be designed; and
- (e) free of any graffiti, markings, stains or other defacement.
- 30.2 Interior windows and doors shall also comply with the requirements of section 26.
## 31.0 VACANT PROPERTY AND VACANT BUILDINGS - ADDITIONAL STANDARDS
- 31.1 /acant property shall be kept clear or all garbage, rubbis and debris and other materials and equipment not otherwis permitted by the zoning by-law.
## 31.2 A vacant building shall:
- (a) be secured against unauthorized entry;
- (b) have liability insurance; and
- (c) be protected against the risk of fire, accident, or other danger.
- 31.3 Where a vacant building has been vacant for at least sixty (60) consecutive days, a Property Standards Officer who reasonably believes that a vacant building poses a risk to safety may, in writing, require the Owner of a vacant building to do any one or more of the following, within the timeframe specified by the Property Standards Officer:
- (a) install security measures or devices to the satisfaction of the Property Standards Officer, and such measures may include boarding of doors, windows, or
- (b) do any work or repairs which, in the opinion of the Property Standards Officer, are necessary to secure a vacant building from unauthorized entry or protect a vacant building against the risk of fire, accident, or
- 31.4 Where a vacant building has been designated pursuant to the Ontario Heritage Act, it is the responsibility of the Owner to bring that information to the Property Standards Officer's attention to ensure compliance with all other laws or by-laws respecting the property.
- 31.5 Where a vacant building is boarded or required to be boarded:
- (a) boarding materials shall be installed and maintained in good order;
- (b) boarding materials shall be installed to exclude precipitation and wind from entering the vacant building, and to secure the vacant building from unauthorized entry, and shall be installed within the reveal of the opening frame or cladding, where feasible;
- (c) unless inherently resistant to deterioration, boarding materials shall be treated with a protective coating of paint or equivalent weather resistant material; and
- (d) boarding materials shall be selected, coated, coloured, and installed to match surrounding door/window frames and exterior wall finishes.
- 31.6 Where a vacant building remains vacant for more than ninety (90) consecutive days, the Owner shall ensure that all utilities serving the vacant building are properly disconnected, terminated, or capped, unless such utilities are necessary for the safety or security of the vacant building, or unless such utilities are otherwise required by law to remain connected.
- 31.7 When openings in a vacant building previously boarded or secured become unsecured, such openings shall be secured again, using materials and fasteners of greater strength, installed in such a manner to deter their removal or destruction.
- 31.8 Where a vacant building has remained vacant or unoccupied for a period of two (2) years and continues in a state of disrepair and deterioration, a Property Standards Officer nay issue an order to remove all previously installed boarding From windows and doors and to repair the vacant building in compliance with the standards set out in the By-law.
## 32.0 ADMINISTRATION AND ENFORCEMENT
- 33.1 A Property Standards Officer is responsible for the administration and enforcement of this By-law.
- 32.2 A Property Standards Officer may, upon producing proper dedicationt a nearrant on the purpose of inspector he property to determine,
- (a) whether the property conforms with the standards prescribed in this by-law;
- (b) whether an order made under this by-law and the Building Code Act has been complied with.
## 33.0 ORDERS AND COMPLIANCE
- 33.1 An owner of property shall comply with the standards and requirements prescribed in this By-law.
- 33.2 Every Property Standards Officer who finds that a property does not conform with any of the standards of this By-law, may make an order pursuant to the provisions of Section 15.2 of the Building Code Act:
- (a) seandards to be repayed and ma not ined to cuth eme ith the standards: 0
- reguiring that the site be cleared of all buildings or accessory buildings, structures, debris or reruse anc left in a graded and leveled condition.
- 33.3 Every owner of property shall comply with an order made pursuant to this By-law and the Building Code Act requiring compliance as confirmed or modified. If an order of a Property Standards Officer is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the Property Standards Committe or a judge, the Township may cause the property to be repaired or demolished accordingly.
- 33.4 Where any person fails to comply with an order issued, the Township may enter and cause the required work to be done at the cost of the person. The cost of such work may be recovered by action or by adding the costs to the tax roll and collecting the costs in the same manner as property taxes.
## 34.0 APPEAL OF ORDER
- 34.1 An owner who has been served with an order made under this By-law and Building Code Act and who is not satisfied with the terms or conditions of the order may appeal to the Property Standards Committee by sending a notice of appeal by registered mail to the secretary of the Property Standards Committee within 14 days after being served with the order.
- 34.2 An order that is not appealed within the time referred to in Section 34.1 shall be deemed to be confirmed.
- 34.3 The Property Standards Committee shall hear the appeal.
- 34.4 On an appeal, the Property Standards Committee has all the powers and functions of the Property Standards Oricer who made the order and the Property Standards Committee may do any of the following things if, in the Property Standards Committee's opinion, doing so would maintain the general intent and purpose of the by-law and of the official plan or policy statement:
- (a) Confirm, modify or rescind the order to demolish or repair.
- (b) Extend the time for complying with the order.
- 34.5 The Township in which the property is situate or any owner or person affected by a decision under this section may appeal to the Superior Court of Justice by notifying the clerk of the Township in writing and by applying to the court within 14 days after a copy of the decision is sent.
- 34.6 The Superior Court of Justice shall appoint, in writing, a time
- 34.7 On the appeal, the judge has the same powers and functions as the Property Standards Committee.
- 34.8 An order that is deemed to be confirmed under section 34.2 or that is confirmed or modified by the Property Standards Committee under section 34.3 or a judge under section 34.7,
as the case may be, shall be final and binding upon the owner who shall carry out the repair or demolition within the time and in the manner specified in the order.
## 35.0 CERTIFICATE OF COMPLIANCE
- 35.1 After inspecting a property, a Property Standards Officer who is of the opinion that the property is in compliance wit he standards established in this By-law, may issue certificate of compliance to the owner.
- 35.2 The prescribed fee set out in the Township's Fee By-law shall be payable prior to the issuance of a certificate of compliance where it is issued at the request of the owner.
## 36.0 PENALTY
- 36.1 Every owner who fails to comply with an order, as confirmed, any other order, a direction or a requirement made under this By-law is guilty of an offence under Section 36(1) of the Building Code Act and is liable to a penalty or penalties as set out in Section 36 of the Building Code Act.
## 37.0 PROPERTY STANDARDS COMMITTEE
- 37.1 A Property Standards Committee is hereby established in accordance with the Building Code Act.
- 37.2 The Property Standards Committee shall be composed of such adriable not fewer than three (3), as council considers
- 37.3 Tere or Costa rosCoeite she as see or te appointed.
## 38.0 VALIDITY
- 38.1 Compen greate to be on heart, lure, or any reason, all other provisions of this By-Law shall remain
bind continue in ful force and effect and shall remain valid and
- 39.0 EFFECTIVE DATE That this by-law shall come into force and effect January 1, 2018.
By-law 17-98 READ A FIRST, SECOND, THIRD TIME AND FINALLY PASSED THIS 30th DAY OF October 2017.
Original Signed by: Mayor Clerk