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THE CORPORATION OF THE
TOWNSHIPSHIP OF DRUMMOND/NORTH ELMSLEY
BY-LAW NO. 2021-030
Property Standards By-law
BEING a by-law to provide standards for the maintenance and occupancy of property
within the Township of Drummond/North Elmsley.
WHEREAS under Section 15.1(3) of The Building Code Act, S.O.
1992 c.23 as
amended, municipalities may pass a by-law to:
1. Prescribing standards for the maintenance and occupancy of property-within the
municipality or within any defined area or areas and for prohibiting the occupancy or
use of such property that does not conform with the standards.
2. Requiring property that does not conform with the standards to be repaired and
maintained to conform with the standards or the site to be cleared of all buildings,
structures, debris or refuse and left in graded and levelled condition.
AND WHEREAS pursuant to Section 15.6 of the Building Code, S.O. 1997 c.24, as
amended, a by-law passed under section 15.1 shall provide for the establishment of
a Property Standards Committee;
AND WHEREAS the Official Plan in effect in the Township of Drummond/North Elmsley
includes a provision relating to property conditions;
AND WHEREAS under the Tenant Protection Act, S.O. 1997 c.24, as amended, the
Council of a local municipality may pass by-laws requiring landlords to provide adequate
and suitable vital services to each of the landlord's rental units;
NOW THEREFORE the Council of the Corporation of the Township of Drummond/North
Elmsley hereby enacts as follows:
PARTI
DEFINITIONS
In this By-law,
1.1
"Clerk" means the person appointed by the Municipality as the Clerk.
1.2
"Committee" means the Property Standards Committee of the Township of
Drummond/North Elmsley, members of which are appointed by Council.
1.3
"Chief Building· Official" means the person appointed by Municipality as the
Chief Building Official.
1.4
"Derelict vehicle" means any car, trailer, boat, machinery, recreational vehicle or
objects or parts thereo(that are not operative, unused, non-restorable, discarded,
in disrepair or unlicensed.
1.5
"Maintenance" means the preservation and keeping in repair of a property.
1.6
"Municipality" means the Corporation of the Township of Drummond/North
Elmsley.
1. 7
"Noxious Weed" means any weeds classed as noxious by the Weed Control Act,
R.S.O. 1990, c.W.5.
1.8
"Officer" means a property standards officer who has been assigned the
responsibility of administering and enforcing this by-law.
1.9
"Occupant" means any person or persons over the age of 18 years in possession
of the property;
1 .10
"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) lessee or occupant of the property who, under terms of a lease, is required
to repair and maintain the property in accordance with the standards for the
maintenance and occupancy of the property.
1.11
"Person" means an individual, firm, corporation, association or partnership.
1.12
"Property" means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, accessory buildings, fences
and erections thereon whether heretofore and hereafter erected, and includes
vacant property.
1.13
"Unsafe Condition" means the physical state of a property, structure, barrier,
fence and/ or building(s), whether vacant or occupied, that in the opinion of the
Property Standard Officer is a hazard to the public regarding fire, accident, health
or safety.
1.14
"Vehicle" includes an automobile, truck, motorcycle, motorized snow vehicle, bus,
trailer, traction engine, road-building machine and any vehicle drawn, propelled or
driven by any kind or power, including muscular power, but does not include
vehicles running only upon rails or vehicles used in farm operations.
1.15
"Yard" means
a)
In urban areas - For lands around or adjoining to the whole or any part of
a residential, commercial, industrial or institutional property and used or
capable of being used in connection with the property; and for estate lots,
it generally refers to the lawn portion of a property situated within the
Hamlets whose boundaries are identified in the Municipality's Official Plan
and properties situated within registered plans of subdivision.
b)
In rural areas - For lands around or adjoining to the whole or any part of a
residential, commercial, industrial or institutional property and used or
capable of being used in connection with the property; and for estate lots,
it generally refers to the lawn portion of a property and excludes barnyards
and land under farm operations and applies to lands situated outside the
Hamlets whose boundaries are identified in the Municipality's Official Plan
and outside all areas of registered plans of subdivision.
1.12 Any word or term not defined in this by-law shall have the meaning ascribed to it
in the Building Act or the Ontario Building Code.
2.0 CONDITIONS OF LANDS
PART II
GENERAL
2.1
No owner or occupant of any property shall cause, allow or permit any building,
yard, lot or grounds to be or remain in a condition contrary to the requirements of
this by-law.
.
2.2
Every yard, including vacant lots, shall be kept free from:
(1)
rubbish, garbage, waste, debris, and other objects that create, or may create
a health, fire or accident hazard;
(2)
long grass, discarded brush and clippings, excessive weed growth, or any
other condition that may promote or be susceptible to fire or infestation by
weeds, rodents and other noxious conditions;
(3)
timber, lumber, building materials or any other type of product or materials
stored or kept under conditions that may promote or be susceptible to
infestation by rodents and vermin.
(4)
derelict vehicles, scrap and junk material including without limiting its
generality, wrecked, dismantled, unused, or non-restorable, machinery,
tools, appliances, equipment or any part thereof, except in an establishment
licensed or permitted to conduct and operate such a business;
(5)
buildings, fences, scaffolding, retaining walls or any other erection that, by
reason of its ruinous or dilapidated state, faulty construction or otherwise, is
in an unsafe condition as regards danger from fire or risk of accident;
(6)
dead, decayed or damaged trees that pose a safety hazard.
3.0 FARM LANDS
PART IV
EXEMPTED LANDS
3.1
Lands that are being actively farmed are exempt from the provisions of the by-law
to the extent that no health and safety risks are present.
PARTV
RESIDENTIAL TENANCIES ACT
4.0
RESIDENTIAL TENANCIES ACT
4.1
The maintenance standards for residential tenants shall be in accordance with the
0 Reg. 517/06 Maintenance Standards of the Residential Tenancies Act, 2006,
S.O. 2006 c.17.
5.0 OFFICERS AND INSPECTORS
PART VI
ENFORCEMENT
5.1
The enforcement of this bylaw shall be complaint driven.
5.2
Every person who contravenes any provision of this bylaw is guilty of an offence
and upon conviction is liable to a fine as provided for by the Provincial Offences
Act, R.S.O. 1990, Chapter P.33, as amended.
5.3
The person(s) appointed as Property Standards Officer(s) for the Corporation of
the Township of Drummond/North Elmsley shall be responsible for the
administration and enforcement of this By-law.
5.4
Upon receipt of a written complaint to the Municipality's Chief Building Official by
an identifiable individual, the Officer will investigate to determine if a violation of this
Bylaw exists.
5.5
An officer who finds that a property does not conform with any of the standards
prescribed in this by-law will work with the property owner to achieve compliance
prior to an order being issued. The Officer may serve written notice upon the owner
of the property directing that the violation be remedied within a specific period and
specifying what needs to be done. Said Notice in the form of Appendix A shall be
sent by registered mail to the last known address as shown on the most current
assessment roll or delivered personally to the registered owner or person
responsible for the property.
5.6
If the matter cannot be resolved through voluntary compliance, the Officer may
make an order in the form of Appendix 8:
a) stating the municipal address or the legal description of the property;
b) giving reasonable particulars of the repairs to be made or stating that the site is
to be cleared of all buildings, structures, debris or refuse and left in a graded
and levelled condition;
c) indicating the time for complying with the terms and conditions of the order and
giving notice that, if the repair or clearance is not carried out within that time,
the municipality may carry out the repair or clearance at the owner's expense;
and
d) indicating the final date for giving notice of appeal from the order.
5.6
The order shall be served on the owner of the property and such other persons
affected by it as the officer determines and a copy of the order may be posted on
the property in a location visible to the public.
6.0
PROPERTY STANDARDS COMMITTEE
6. 1
A Property Standards Committee shall be established and consist of members of
Council.
6.2
The members of the Committee shall appoint one of themselves as Chair, and
when the Chair is absent, the Committee may appoint another member to act
as Chair pro tempore and any member of the Committee may administer oaths.
6.3
The Secretary shall keep on file minutes and records of all applications and the
decisions thereon and of all other official business of the Committee and Section
74 of the Municipal Act applies mutatis mutandis to such documents. The
Secretary shall be comprised of a Municipal Staff member appointed by the
Committee.
6.4
A majority of the Committee constitutes a quorum and the Committee may adopt
its own rules of procedure but before hearing an appeal it shall give notice or
direct that notice be given of such hearing to such persons as the Committee
considers should receive notice.
6.5
An owner or occupant who has been served with an order made under subsection
4.2 and who is not satisfied with the terms or conditions of the order may appeal to
the committee by s·ending a notice of appeal to the Municipality's Clerk within 14
days after being served with the order
6.6
An order that is not appealed within the time referred to in subsection 4.5 shall be
deemed to be confirmed.
6.7
The committee shall hear the appeal.
6.8
On an appeal, the committee has all the powers and functions of the officer who
made the order and the committee may do any of the following things if, in the
committee's opinion, doing so would maintain the general intent and purpose of
the by-law and of the official plan or policy statement:
1. Confirm, modify or rescind the order to demolish or repair.
2. Extend the time for complying with the order.
7.0
POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH
7 .1
Where an owner or occupant of the property fails to take such steps as may be
necessary to bring the property into compliance with this By-law, the Municipality,
or a person acting on its behalf, shall:
c) have the right to enter upon the property to affect such repairs, clean-up,
demolition or other remedial steps as may be required to bring the property
into compliance with the standards herein and neither the Municipality, nor
anyone acting on its behalf shall be liable to compensate the owner, occupant
or any other persons by reasons of anything done by or on behalf of the
Municipality in reasonable exercise of these powers and
d) shall have a lien on the property for the amount spend by, or on behalf of the
Municipality in accordance with this By-law, together with an administration fee
of 10% of the amount spent, and the total amount shall have priority lien status
as described in section 1 of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended.
8.0
ADMINISTRATION
PART II
ADMINISTRATION
8.1
Should any part, section, subsection or portion of this by-law be repealed or
declared by a court of competent jurisdiction to be illegal, the same shall not
affect the validity of the by-law as a whole or in part thereof, except for that
which was declared to be invalid.
8.2
Where a provision of this By-law conflicts with the provisions of another By-law in
force in the Municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public prevails.
8.3
This By-law shall come into force and take effect upon its passing.
8.4
That By-law 2019-052 and any other by-law inconsistent with the provisions
contained herein are hereby repealed in their entirety.
SHORT TITLE
8.5
This By-law shall be sited as the "Property Standards By-law."
BY-LAW READ a third time, passed, signed and sealed in open Council this
twenty-second day of June, 2021 .
Steve Fournier, Reeve
Cindy Halcrow, Clerk Administrat
DATE ISSUED:
ISSUED TO:
ADDRESS:
Appendix A
Property Standards By-law 2021-030
PROPERTY STANDARDS BY-LAW VIOLATION
NOTICE
An inspection has revealed that a provision(s) of the Township's Property Standards By-
law 2019-52 is being contravened. You are hereby directed to correct the following
violation(s) by _______ (date). Charges MAY be forthcoming if the
violation is not corrected within the time shown above.
This Notice DOES NOT authorize continuance of the violation(s).
PROPERTY STANDARDS
VIOLATION(S)
BY-LAW
If you wish to discuss this matter further with the Property Standards Officer, please
contact the undersigned at 613-267-6500.
L ____ _
Appendix A
Property Standards By-law 2021-030
PROPERTY STANDARDS BY-LAW VIOLATION
ORDER
DATE ISSUED:
ISSUED TO:
ADDRESS:
An inspection has revealed that a provision(s) of the Township's Property Standards By-
law 2019-52 is being contravened. You are hereby directed to correct the following
violation(s) by ________ (date). Charges MAY be forthcoming if the violation
is not corrected within the time shown above.
This Order DOES NOT authorize continuance of the violation(s).
PROPERTY STANDARDS
VIOLATION(S)
BY-LAW
If you wish to discuss this matter further with the Property Standards Officer, please
contact the undersigned at 613-267-6500.
If you are not satisfied with the terms or conditions of this Order, you may appeal to the
Property Standards Committee by sending a notice of appeal to the Township Clerk
within 14 days after being served with the Order.
Township of Drummond/North Elmsley
Property Standards By-law 2021-030
Part 1 Provincial Offences Act
Item
Column 1
Column 2
Column 3
Short Form Wording
Provision Creating or Set Fine
Defining Offence
1
Fail to keep property free from
Section 2.2 (1)
$200.00
rubbish
2
Fail to keep property free from
Section 2.2 (1)
$200.00
garbage
3
Fail to keep property free of debris
Section 2.2 (1)
$200.00
and waste
4
Fail to keep property free from long
grass, discarded brush and clippings
Section 2.2 (2)
$200.00
5
Fail to keep property free from
Section 2.2 (2)
$200.00
excessive weeds and/or noxious
weeds
6
Fail to keep property free of product or
Section 2.2 (3)
$200.00
materials stored or kept that may
promote infestation by rodents and
vermin
Fail to keep property free from derelict
Section 2.2 (4)
$200.00
7
vehicles, scrap, and junk material
8
Fail to keep objects/conditions likely
Section 2.2 (5)
$200.00
to pose a danger from fire or risk of
accident
9
Fail to keep trees that a pose a
Section 2.2 (6)
$200.00
safety hazard
Note: The general penalty provision for the offences listed above is Section 5. 2 of the By-Jaw
2021-030, a certified copy of which has been filed.
The fine amounts listed above have been approved and set by the Regional Senior Justice.
Dated: July 12, 2021
Electronic Signature:
//~~Jfd
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice - East Region
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder
and
Municipal
By-Law
No.
2021-030
of the
Township
of
Drummond/North Elmsley attached hereto is the set fine for that offence.
This
Order is to take effect on July 12th, 2021.
Dated at Ottawa, this 12th day of July 2021.
Electronic Signature:
v~C¼;_ffd
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice
East Region