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THE CORPORATION
OF THE TOWNSHIP
OF CRAMAHE
BY-LAW NO. 03-10
Being a By-Law To Provide
Standards
of Maintenance
and Occupancy
for all Property
in
the Corporation
of the Township
of Cramahe.
WHEREAS
under Section
15.1 (3) of the Building Code Act, S.O. 1992, c.23, 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
Section 15.6 (1) of the Building Code Act, S.O. 1992 c.23 requires that a By-Law
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;
1.01 "Accessory
Building" means a detached
building or structure,
not used for human habitation,
which is subordinate
to the primary use of the same property.
1.02
"Apartment
BUilding"
means
a
building
containing
more
than
four
dwelling
units
with
individual access from an internal corridor system.
1.03 "Appliance"
means a piece of equipment,
instrument
or device designed for a particular
use
operated by soil, gas or electrical current.
1.05 "Basement"
means that space of a building that is partly below grade, which has half or more
of its height, measured
from floor to ceiling below the average exterior finished grade.
1.06 "Building"
means
any structure
used or intended
for supporting
or sheltering
any use or
occupancy.
1.07 "Cellar" means that space of a building that is partly or entirely below grade, which has more
than half of its height, measured from floor to ceiling below the average exterior.
1.08 "Derelict
Motor Vehicle"
means any vehicle
(except farm machinery
in a zone that permits
agricultural)
which
is dismantled
or has been in a state of neglect and disrepair
for at least 30
(thirty) days, and which is not enclosed within a garage or carport.
1.09 "Dwelling"
means
a building
or structure
or part of a building
or structure,
occupied
or
capable of being occupied,
in whole or in part for the purpose of human habitation.
1.10 "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 as supporting
general living conditions
usually including cooking, eating, sleeping, and sanitary facilities.
1.11 "First Storey" means that part of a building having a floor area closest to grade with a ceiling
height of more than 1.8 metres (6ft.) above grade.
1.12 "Guard"
means a protective
barrier installed around openings
in floor areas or on the open
sides of a stairway,
a landing,
a balcony,
a mezzanine,
a gallery,
a raised walkway
and other
locations
as required to prevent accidental
falls from one level to another.
Such barriers mayor
may not have openings through them.
1.13 "Habitable
Room" means any room in a dwelling unit used for or capable of being used for
living, cooking, sleeping or eating purposes.
1.15 "Means of Egress" means a continuous,
unobstructed
path of travel provided by a doorway,
hallway, corridor,
exterior
passage way, balcony, lobby, stair, ramp, or other exit facility used for
the escape of persons from any point within a building, a floor area, a room, or a contained
open
space to public thoroughfares
or an approved area of refuge usually located outside the building.
1.16
"Medical
Officer
of
Health"
means
the
Medical
Officer
of
Health
of
the
County
of
Northumberland.
1.18 "Non-Habitable
Room" means any room in a dwelling or dwelling unit other than a habitable
room and includes
a bathroom,
a toilet room, laundry, pantry, lobby, corridor,
stairway,
closed,
boiler room, or other space for service and maintenance
of the dwelling for public use, and for
access to and vertical travel between storeys ad basement
or part thereof which does not comply
with the standards
of fitness for occupancy set out in this By-Law.
1.19 "Non-Residential
Property" means a building or structure or part of a building or structure not
occupied
in whole
or in part for the purpose
of human
habitation,
and includes
the lands and
premises appurtenant
and all of the outbuildings,
fences or erections thereon or therein.
1.21 "Residential
Property"
means any property that is used or designed
for use as a domestic
establishment
in which
one or more persons
usually sleep and prepare
and serve
meals and
includes
any lands
or building
that are appurtenant
to such
establishment
and all stairways,
walkways,
driveways,
parking spaces, and fences associated
with the dwelling or its yard.
1.22 "Standards"
means the standards
of the physical condition and of occupancy
prescribed
for
property by this By-Law.
1.23 "Yard" means the land other than publicly owned land around or appurtenant
to the whole or
part of a residential
or non-residential
property and used or capable of being used in connection
with the property.
2.01 All repairs
and maintenance
of property
shall be carried
out with suitable
and sufficient
materials
and in a manner accepted
as good workmanship
within the trades concerned.
All new
construction
or repairs shall conform to the Ontario Building Code, Ontario Fire Code and the Fire
Prevention Act where applicable.
(2) wrecked,
dismantled,
discarded
or abandoned
machinery,
any derelict motor vehicle which is
not operated
or which
is not licensed
with a currently
validated
licence
plate pursuant
to the
provisions
of the Highway Traffic Act, trailers or boats unless it is necessary for the operation of a
business enterprise
lawfully situated on the property, but this shall not prevent the occupant of any
premises
from repairing
a vehicle for his own use and not for commercial
purposes
while such
repair is actively carried out;
(4)
dilapidated,
collapsed
or
partially
constructed
structures
which
are
not
currently
under
construction;
2.04 Sewage
of organic
waste shall be discarded
into a sewage
system
where such a system
exists, where a sewage system does not exist, sewage or organic waste shall be disposed of in a
manner acceptable
to the local Health Authorities.
2.05 Sewage of any kind shall not be discharged
onto the surface
of the ground, whether
into a
natural or artificial drainage system or otherwise.
2.07 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 free of dirt and litter.
2.08 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.
2.09
Accessory
buildings,
fences
and
other
structures
appurtenant
to the
property
shall
be
maintained
in structurally
sound condition and in good repair.
2.10 Accessory
buildings, fences, and other structures
shall be kept in good repair and free from
fire, health
or accident
nature
and shall be protected
from
deterioration
by the application
of
appropriate
weather resistant' material including paint or other suitable preservative
and shall be of
uniform colour unless the aesthetic
characteristics
of said structure
are enhanced
by the lack of
such material.
2.11
Every
building,
dwelling
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
between
the regularly
designated
collection
days.
Such
receptacles
shall
be constructed
of
watertight
material, provided with a tight fitting cover, and shall be maintained
in a clean and odour
free condition at all times.
2.12 All garbage,
refuse and ashes shall be promptly
placed in a suitable
container
and made
available
for
removal
in accordance
with
the
Municipal
Garbage
Collection
By-Law
where
applicable.
2.14 The occupant
of a residential
property may provide for a compost
heap in accordance
with
the health regulations,
provided that the compost
pile is no larger than one square metre and 1.8
metres in height and is enclosed on all sides by concrete block, or lumber, or in a forty-five gallon
container,
a metal frame building with a concrete floor, or a commercial
plastic enclosed container
designed for composting.
3.01 Every tenant or occupant
or lessee of a residential
property
shall maintain
the property or
part thereof and the land that they occupy or control, in a clean, sanitary and safe condition
and
shall dispose of garbage and debris on a regular basis, in accordance
with Municipal By-Laws.
3.02 Every tenant, or occupant
or lessee of a residential
property shall maintain every floor, wall,
ceiling and fixture, under their control, including hallways, entrances,
laundry rooms, utility rooms,
and other common
areas, in a clean, sanitary and safe condition.
3.03 Accumulations
or storage of garbage,
refuse, appliances,
or furniture
in a means of egress
shall not be permitted.
3.04 Dwellings
shall be kept free of rodents, vermin and insects at all times.
Methods
used for
exterminating
such pests shall be in accordance
with the provisions of the Pesticides Act.
3.05 Openings,
including windows, that might permit the entry of rodents, insects, vermin or other
pests shall be appropriately
screened or sealed.
3.06 Every part of a dwelling
shall be maintained
in a structurally
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 as required by the Ontario Building Code.
3.07 Walls,
roofs, and other exterior
parts of a building shall be free from loose or improperly
secured objects or materials.
3.08 Foundation
walls of a dwelling shall be maintained
so as to prevent the entrance
of insects,
rodents
and
excessive
moisture.
Maintenance
includes
the shoring
of the walls
to prevent
settling,
installing
sub soil drains,
where
necessary,
at the footings,
grouting
masonry
cracks,
damp proofing and waterproofing
walls, joints and floors.
3.09 Every dwelling, except for slab on grade construction,
shall be supported
by foundation
wall
or piers that extend below the frost line, or to solid rock.
3.10
Exterior
walls
of
a
dwelling
and
their
components,
including
soffits,
fascia,
shall
be
maintained
in good repair free from cracked,
broken or loose masonry
units, stucco,
and 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.
3.11 Exterior walls of a dwelling and their components
shall be free of unauthorized
signs, painted
slogans, graffiti and similar defacements.
3.12 Windows,
doors, skylights
and basement
or cellar hatchways
shall be maintained
in good
repair,
weather
tight
and reasonably
draught-free,
to prevent
heat loss and infiltration
by the
elements.
Maintenance
includes
painting,
replacing
damaged
doors,
frames
and
other
components,
window frames,
sashes and casings, replacement
of non-serviceable
hardware and
reglazing
where
necessary.
Where
screening
is provided
on windows
and doors
it shall be
maintained
in good repair.
3.13 In a dwelling
unit, all windows
that are intended
to be opened
and all exterior
doors shall
have suitable hardware so as to allow locking or otherwise
securing from inside the dwelling unit.
At least one entrance
door to a dwelling unit shall have suitable hardware so as to permit locking
or securing from either inside or outside the dwelling unit.
3.14 Solid core doors, insulated
metal doors or combination
exterior type door and screen door
shall
be provided
for
all entrances
to dwellings.
Solid
core
doors
shall
be provided
for all
entrances
to dwelling units and approved door closure as required by the Ontario Building Code.
3.15 In residential
buildings where there is a voice communication
unit working in conjunction
with
a security locking and release system controlling
a particular entrance door and installed between
individual
dwelling
units and a secured
entrance
areas, the said system
shall be maintained
in
good working order at all times.
3.16 Every window
in a leased dwelling
unit 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 from opening greater than would permit the passage of a 100 mm diameter
(3.9 inches)
sphere.
Such safety
device
shall not prevent
the window
from
being fUlly opened
during
an
emergency
situation by an adult without the use of tools.
3.17 Roofs of dwellings
and their components
shall be maintained
in a weather
tight condition,
free from loose or unsecured
objects or materials.
3.18 The roofs of dwellings and accessory
buildings shall be kept clear of accumulations
of ice or
snow or both.
3.19 Where eavestroughing,
roof gutters, are provided they shall be kept in good repair, free from
obstructions
and properly secured to the building.
3.20 Every wall, ceiling and floor in a dwelling shall be maintained
so as to provide a continuous
surface
free of holes, cracks,
loose coverings
or other defects.
Walls surrounding
showers
and
bathtubs shall be impervious
to water.
3.21 Every floor in
a dwelling shall be reasonably
smooth and level and maintained
so as to be
free of all loose, warped, protruding
broken, or rotted boards or other material that might cause an
accident or allow the entrance of rodents and other vermin or insects.
3.22
Every floor
in a bathroom,
toilet room,
kitchen,
shower
room and laundry
room shall be
maintained
so as to be impervious
to water and readily cleaned.
3.23 Inside and outside stairs, porches,
balconies
and landings shall be maintained
so as to be
free of holes, cracks
and other defects,
which may constitute
accident
hazards.
Existing
stair
treads
or risers that show excessive
wear or are broken,
warped
or loose and any supporting
structural
members that are rotted or deteriorated
shall be repaired or replaced.
3.24 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 a height
of 600 mm
(24")
between adjacent
levels.
A handrail shall be installed and maintained
good repair in all stairwells.
Guardrails
shall
be installed
and
maintained
good
repair
around
all landings,
porches,
and
balconies.
Guardrails,
balustrades
and handrails
shall be constructed
and maintained
rigid in
nature.
a) a sink that is served with hot and cold running water and is surrounded
by surfaces
impervious
to grease and weather;
c) a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft) in length, exclusive of
the sink, and covered
with a material
that is impervious
to moisture
and grease
and is easily
cleanable;
and
d) a space provided
for cooking
and refrigeration
appliances
including
the suitable
electrical
or
gas connections.
3.26 Every dwelling unit shall contain a bathroom
consisting
of at least one fully operation
water
closet, washbasin,
and a bathtub or suitable shower unit.
Every washbasin
and bathtub or shower
shall have an adequate
supply
of hot and cold running
water.
Every water
closet
shall have
suitable supply of running water.
3.27 Every required bathroom
or toilet room shall be accessible
from within the dwelling unit shall
be fully enclosed
and provided with a door capable of being locked so as to allow privacy for the
persons using said room.
3.28 Where
toilet or bathroom
facilities
are shared by occupants
of residential
accommodation,
other
than
self-contained
dwelling
units,
an appropriate
entrance
shall
be
provided
from
a
common
passageway,
hallway, corridor, or other common
space to the room or rooms containing
the said facilities.
3.29
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 temperature
of
not less than 43 degrees Celsius (11OF).
3.30 Every dwelling unit shall be provided with an adequate
supply of potable running water from
a source approved by the Medical Officer of Health.
3.31 All plumbing,
including drains, water supply pipes, water closets and other plumbing fixtures
shall be maintained
in good working
condition free of leaks and defects
and all water pipes and
appurtenances
thereto shall be protected from freezing.
3.33
Every 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
harbour germs or impede thorough cleansing.
3.34
Every dwelling
unit shall be wired
for electricity
and shall be connected
to an approved
electrical supply system.
3.35
The
electrical
wiring,
fixtures,
switches,
receptacles
and appliances
located
or used
in
dwellings,
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 Corporation
Act, as amended.
3.36 Every habitable
room in a dwelling shall have at least one electrical
duplex outlet for each
11.1 square metres (120 sq. ft.) of floor space and for each additional 9.3 square metres (100 sq.
ft.) of a floor area, a second duplex outlet shall be provided.
Extension cords shall not be used on
a permanent
basis.
3.37 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.
3.38
Lighting
fixtures
and appliances
installed
throughout
a 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.
3.39 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 21
degrees
Celsius (70F) 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.
3.40 All fuel burning appliances,
equipment
and accessories
in a dwelling shall be installed and
maintained
to the
standards
provided
by the
Energy
Act,
as amended
or other
applicable
legislation.
3.41 Where a heating system or part thereof that requires solid or liquid fuel to operate, a place or
receptacle
for such fuel to operate,
a place or receptacle
for such fuel shall be provided
and
maintained
in a safe condition
an in a convenient
location so as to be free from fire or accident
hazard.
3.42 Every dwelling
shall be so constructed
or otherwise
separated
to prevent
the passage
of
smoke, fumes and gasses from that part of the dwelling that is not used, designed
or intended to
be used for human habitation
into other parts of the dwelling used for habitation.
Such separation
shall conform to the Ontario Building Code.
3.43 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.
3.44 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 dwelling unit.
3.45 Maintenance
includes the removal of all obstructions,
sealing open joints,
and the repair of
loose of broken masonry units.
3.46 Every chimney, smoke-pipe,
flue and vent shall be installed and maintained
in good condition
so as to prevent the heating
of adjacent
combustible
material
or structural
members
to unsafe
temperatures.
3.47 Every dwelling or dwelling unit shall be insulated to minimize heat loss in accordance
with the
provisions
of the Ontario BUilding Code.
3.48
A listed
fire
alarm
and
a fire
detection
system,
approved
by the Canadian
Standards
Association
or Underwriters
Laboratories
of Canada, shall be provided by the owners of buildings
of residential
occupancies
where sleeping
accommodations
are provided for more than ten (10)
persons, except that 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.
3.49 In addition to the provisions
of Article 3.47 hereof, in every dwelling unit in a building, a listed
smoke
alarm, approved
by the Canadian
Standards
Association
or Underwriters
Laboratories
of
Canada,
or detectors
of the single station alarm type, audible within bedrooms
when intervening
doors are closed, shall be installed by the occupant
between bedrooms
or the sleeping
area and
the remainder
of the dwelling
unit, such as in a hallway or corridor
serving
such bedrooms
or
sleeping area.
The products of combustion
detector referred shall be:
b)
mounted
on the ceiling or on a wall between
152.4 and 304.8 mm (6 to 12 inches) below the
ceiling.
3.50 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.
3.52 Each dwelling containing
more than one dwelling unit shall have at least two (2) exits, both of
which may be common
or the one of which may be common
and the other may be an exterior
stair or fire escape.
Access
to the stairs 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 inches) with a
sill height of not more than 914 mm, (36 inches), above the inside floor.
A single exit is permitted
from a dwelling unit where the path or egress is through an exterior door located at or near ground
level and access
to such
exit is not through
a room
not under
the immediate
control
of the
occupants
dwelling unit.
3.53 All reqUired
means
of egress
shall be maintained
so as to permit
safe
continuous
and
unobstructed
passage at all times.
3.54
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.
3.55 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 provide
hourly air
exchanges.
3.57 All enclosed areas including basements,
cellars, crawl spaces and attics or roof spaces shall
be adequately ventilated.
3.58
Elevators
and other
elevating
devices
including
all mechanical
and electrical
equipment,
lighting
fixtures,
lamps,
control
buttons,
floor
indicators,
ventilation
fans,
and
emergency
communication
systems shall be operational
and maintained
in good condition.
3.59 Owners of residential
buildings or any person or persons acting on behalf of such owner shall
not disconnect
or cause to be disconnected
any service or utility supplying
heat, electricity,
gas,
refrigeration
or water to any residential
unit or building occupied
by a tenant or lessee, except for
such reasonable
period of time as may be necessary
for the purpose
of repairing,
replacing
or
otherwise altering said service or utility.
3.60 The number of occupants,
residing on a permanent
basis in an individual dwelling unit, shall
not exceed
one person
for every
square
metres
(97 sq. ft.) of habitable
floor area.
For the
purpose of computing
habitable floor area, any area with the minimum
ceiling height less than 2.1
metres (7 ft.) shall not be considered.
3.61 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 foursquare
metres (43 sq. ft.)
per person.
Any
basement,
or
portion
thereof,
used
as
a dwelling
unit
shall
conform
to the
following
requirements:
c)
each habitable room shall be separated
from service rooms by a suitable fire separation
and
approved under the Ontario Building Code;
4.01 All repairs
and maintenance
of property
shall be carried
out with
suitable
and sufficient
materials
and in a manner accepted
as good workmanship
within the trades concerned.
All new
construction
or repairs shall conform to the Ontario Building Code where applicable.
4.02 Vacant land shall be maintained
to the standards
as described
in Part II, Article 2.02, of this
By-Law.
4.03 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of
waters.
4.04 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.
4.05 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 at
least
12.7 mm
(0.5 inch)
weatherproof
sheet
plywood
securely
fastened
to the building
and
painted a colour compatible
with the surrounding
walls.
5.01 All repairs
and maintenance
of property
shall be carried
out with suitable
and sufficient
materials
and in a manner accepted
as good workmanship
within the trades concerned.
All new
construction
or repairs shall conform to the Ontario Building Code where applicable.
5.02 The yards of non-residential
property shall be maintained
to the standards
as description
in
Part II, Article 2.02 of this By-Law.
5.03 The warehousing
or storage
of material
or operative
equipment
that is required
for the
continuing
operation of the industrial or commercial
aspect of the property shall be maintained
in a
neat and orderly fashion
so as not to create a fire or accident
hazard or any unsightly condition
and shall provide unobstructive
access for emergency
vehicles.
Where conditions
are such that a
neat and orderly
fashion
is achieved
but is still offensive
to view, the offensive
area shall be
suitable enclosed
by a solid wall or painted board or metal fence not less than 1.8 metres (6 ft.) in
height and maintained
in good repair.
5.04 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 free of dirt and litter.
5.05
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.
5.06
Every part of a building
structure
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, have a level of safety
required
by the Ontario
Building
Code.
Structural
members
or materials
that have been damaged
or indicate evidence
of deterioration
shall be repaired or replaced.
5.07 Walls,
roofs, and other exterior
parts of a building or structure
shall be free from loose of
improperly
secured objects or materials.
EXTERIOR
WALLS:
5.08 Exterior
walls of a bUilding or a structure
and their components,
including
soffits,
fascia,
windows
and doors,
shall
be maintained
in good
repair
free
from
cracked,
broken
or loose
masonry
units,
stucco,
and
other
defective
cladding
or trim.
Paint
or some
other
suitable
preservative
or coating
mush be applied
and maintained
so as to prevent
deterioration
due to
weather conditions,
insects or other damage.
5.09 Exterior walls of a building or a structure and their components,
shall be free of unauthorized
signs, painted slogans, graffiti and similar defacements.
GUARDRAILS:
5.10 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 a height
of 600 mm
(24")
between adjacent
levels.
A handrail shall be installed and maintained
good repair in all stairwells.
Guardrails
shall
be installed
and
maintained
good
repair
around
all landings,
porches,
and
balconies.
Guardrails,
balustrades
and handrails
shall be constructed
and maintained
rigid in
nature.
5.11 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 commercial
properties.
However,
lighting
shall
not be positioned
so as to cause
any
impairment
or enjoyment
of
neighbouring
properties.
6.01 This By-Law shall apply to all property within the Municipality.
6.02 The imperial measurements
contained in this By-Law are given for reference only.
6.03
The
Council
of
the
Municipality
shall
appoint
a
Property
Standards
Officer(s)
to
be
responsible
for the administration
and enforcement
of this By-Law.
6.04
If, after an inspection,
the Officer
is satisfied
that in any respect
the property
does not
conform
to the standards
prescribed
in this by-law,
he shall serve
or cause
to be served
by
personal service upon or send by prepaid registered
mail to the owner of the property an Informal
Notice containing
the particulars
of the non-conformity,
and may at that time provide all occupants
with a copy of such notice. Attached
hereto and marked Schedule "A" and forming
part of this by-
law is a copy of an Informal
Notice which may be amended
from time to time. The officer may
also at that time set up a meeting with the property owner to take place on site to discuss what
actions may be carried out.
6.05 Where
a re-inspection
has taken
place after the issuing of an Informal
Notice has taken
place and the Officer
is satisfied
in any respect
that the property
still does not conform
to the
standards
prescribed
in this By-Law, the Officer shall serve or cause to be served
by personal
service upon or send by prepaid registered mail to the owner of the property an Order containing:
a)
The municipal address or legal description
of the property.
b)
Reasonable
particulars
of the repairs to be effected or a statement
that the site is to
be cleared of all buildings, structures,
debris or refuse and left in a graded and leveled
condition
and the period
in which
there
must
be compliance
with the terms
and
conditions
of the order and the notice that, if such repairs or clearance
are not done
within the time specified
in the order, the Municipality
may carry out the repairs or
clearance
a the expense of the owner.
c)
The final date for giving notice of appeal from that order
An Order may be registered
in the property registry of land titles office and upon such registration,
any person acquiring
any interest in the land subsequent
to the registration
of the order shall be
deemed
to have been served and when requirements
of the order have been satisfied,
the Clerk
of the Municipality
shall forthwith register in the proper registry or land titles office a certificate that
such requirements
have been satisfied, which shall discharge such Order.
Attached
hereto and marked Schedule "B" and forming part of this By-Law is a copy of an Order,
which may be amended from time to time.
6.06 Council shall appoint at large, by a Resolution,
(or By-Law) of Council no fewer than three (3)
persons
of the Municipality
to the Property Standards
Committee
for a term of office concurrent
with Council.
6.07 When an owner or occupant
upon whom an Order has been served in accordance
with the
provisions
of this By-Law is not satisfied with the terms or conditions
of the Order, he may appeal
by registered
mail to the Secretary of the Committee
within 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.
The fee
for an appeal
is $250.00
and must accompany
the original
request
for an appeal.
This fee is
refundable
if the appellant is successful.
6.08 When the Secretary of the Committee
receives a notice of appeal, a date, time and place for
the hearing of the appeal shall be set to take place not less than seven (7) days and not more
than thirty (30) days form the date of receipt of the foresaid
notice and notice shall be given in
writing of said details to the appellant.
6.09 If an appeal is taken, the committee
shall hear the appeal and shall have all the powers and
functions
of the officer
who made the order and may confirm,
modify
or rescind
the order to
demolish
or repair or extend the time for complying
with the order if, in the committee's
opinion,
the general
intent and purpose
of the by-law
and of the official
plan or policy statement
are
maintained.
The Committee
shall give a copy of its written decision to the appellant.
6.10 The municipality
in which the property is situate or any owner or occupant or person affected
by a decision
of the Committee
may appeal to the Superior Court of Justice by notifying the clerk
of the municipality
in writing
and by applying
to the court within
14 days after a copy of the
decision
is sent. The Superior
Court of Justice shall appoint,
in writing,
a time and place for the
hearing of the appeal and may direct in the appointment
the manner
in which and the persons
upon whom the appointment
is to be served. On the appeal, the judge has the same powers and
functions
as the committee.
An order that is deemed to be confirmed
under subsection
or that is
confirmed
or modified by the committee
or a judge, as the case may be, shall be final and binding
upon the owner and occupant
who shall carry out the repair or demolition
within the time and in
the manner specified
in the order.
COMPLIANCE:
6.11 The owner of any property which does not conform to the standards
as set out in this By-Law
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 and left in a leveled and graded condition.
6.12 If an article of this By-Law is for any reason held to be invalid, the remaining
articles
shall
remain in effect until repealed.
6.13 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.
6.14 After the date of the passing this By-Law, By-Law No. 03-10, 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
By-Law and then only to such properties
until such time as the work required by such Order has
been
completed
or any
enforcement
proceeding
with
respect
to such
Order,
including
any
demolitions,
clearance,
or repair carried out by the Municipality
shall have been concluded.
Name of defendant
Street and Number
City/Town
Postal Code
RE:
Address
Concession/Lot
Township/Municipality
Please be advised
that on (date of inspection)
an inspection
of your property as noted above
revealed
certain violations
of the Township
of Cramahe
Property Standards
By-Law Number 03-
10.
Schedule A, attached hereto, sets out the work required to remedy such violation and to bring the
property into compliance
with the By-Law.
Be advised that By-Law Number 03-10 gives the Municipality
the authority to issue and ORDER
TO COMPLY pursuant to Section 15.2(2) of the Ontario Building Code Act, S.O. 1992, c.23.
It is desired that you will comply with this informal notice and that the aforementioned
procedural
step will not be necessary.
A reinspection
of this property will take place on or about (date) to ascertain
compliance.
If you
wish to be present at the time of inspection,
please contact me at least seven (7) days prior to set
up a mutually agreeable
time.
Should
you require
further
information,
or if you wish to set an appointment
to further
discuss this matter, please do not hesitate to contact me during normal business
hours at
the number provided
below.
Property Standards
Officer
(905) 355-2821
ORDER TO REMEDY VIOLATION
OF STANDARDS
OF MAINTENANCE
AND OCCUPANCY
Pursuant
to Section
15.2 of the Ontario
Building
Code Act, S.O. 1992, c.23
Name of defendant
Street and Number
CitylTown
Postal Code
RE:
Address
Concession/Lot
Townsh ip/Municipality
WHEREAS
on (date),
you were
served
with an Informal
Notice
that required
you to 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
By-Law No. 03-10 on or before:
TAKE NOTICE that is 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, or may cause a prosecution
to be brought against you, and upon conviction,
you shall have to pay a penalty of not more than
$25,000
for a first offence
and not more than $50,000 for a subsequent
offence,
in accordance
with Section 36 of the Building Code Act, S.O. 1992, c. 23
If an owner or occupant
upon whom an order has been served is not satisfied with the terms or
conditions
of the order, they may appeal to the committee
by sending a NOTICE OF APPEAL
by
registered
mail to the Secretary of the committee
within 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.
ALL
APPEALS
MUST BE ACCOMPANIED
BY A FEE OF $250.00, WHICH SHALL BE REFUNDED
IF
THE APPELLANT
IS SUCCESSFUL.
Property Standards
Officer
(905) 355-2821