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Prenez le temps devine 89 Experience the Freedom
By-Law No. 2023-28
Being a By-Law toprescribe standardsfor the maintenance and
occupancy ofproperty within the municipality in the Corporation ofthe
Township ofDubreuilville
(Property Standards and for the Maintenance of Land in a Clean Clear and Safe Condition)
WHEREAS, pursuant to Section 15.1 (3) ofthe Building Code Act, 1992, S.O. 1992, c.23 (hereinafter
referred to as the "Building Code Act"), authorizes the passing of a by-law prescribing standards for
maintenance and occupancy ofproperty;
AND WHEREAS Section 8 ofthe Municipal Act, 2001, S.O. 2001, c.25 (hereinafter referred to as the
"Municipal Act") provides that the powers of a municipality under the Municipal Act or any other Act
shall be interpreted broadly to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to
municipal issues;
AND WHEREAS Section 9 ofthe Municipal Act provides that a municipality has the capacity, rights,
powers, and privileges of a natural person for the purpose of exercising its authority under the
Municipal Act or any other Act;
AND WHEREAS pursuant to Section 11 (2) ofthe Municipal Act, a municipality may pass by-laws
respecting the environmental well-being of the municipality, the health, safety and well-being of the
persons and the protection ofpersons and property;
AND WHEREAS Section 446 (1) ofthe Municipal Act, a municipality may direct or require a person
to do a matter of thing and that, in default of it being done by the person directed or required to do it,
the matter or thing shall be done at the person's expense;
AND WHEREAS Section 446 (3) ofthe Municipal Act, a municipality may recover the costs ofdoing
a matter of thing under subsection (1) from the person directed or required to do it by action or by
adding the costs to the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS the Corporation of the Township of Dubreuilville has an Official Plan and Zoning
By-Law, which includes provisions relating to property conditions;
AND WHEREAS the Council ofthe Corporation ofthe Township ofDubreuilville deems it necessary
and in the public interest to enact a by-law prescribing standards for the maintenance and occupancy
ofproperty within the Township;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of
Dubreuilville enacts as follows:
1. STATUTORY REFERENCE
Any reference in this By-law to a statutory provision is a reference to the stature ofthat name in effect
in the Province of Ontario or the Country of Canada as amended from time to time.
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2. DEFINITIONS
In this by-law:
2.1 "Accessory Building or Structure" means a detached building or structure, not used for human
habitation that is subordinate to the primary use of the same property;
2.2"Accessory Use" means a use customarily incidental to, subordinate to and exclusively devoted
to a principal use and located on the same lot therewith.
2.3 "Administrative Fees or Penalty" means a monetary penalty that can be issued to a person or
corporation found in violation of the provisions of this by-law, established by by-laws passed by the
Township of Dubreuilville, the Provincial Offences Act, R.S.O. 1990, or the Municipal Act, 2001.
2.4 "Apartment Building" means a building containing more than four dwelling units with individual
access from an internal corridor system;
2.5 "Approved" means acceptance by the Property Standards Officer;
2.6 "Approved Sewage System" means the municipal sanitary sewage system, or a private sewage
disposal system approved by the Ministry of Environment and/or the ChiefBuilding Official.
2.7 "Building" means a structure consisting of a wall, roof, or any one or more ofthese which is
used or intended to be used for the shelter, accommodation, or enclosure ofpersons, animals, goods,
or materials, but shall not include a lawful boundary wall or fence. For the purposes of this By-law;
a) adeck or a dock shall be included within the meaning ofthe term "building"; and
b)
the word "structure" shall mean the same as building;
2.8 "Building Code" and "Code" means the regulations made under Section 34 ofthe Building Code
Act;
2.9" Building Inspector" means an Inspector appointed under Section 3 ofthe Building Code Act
and having authority for the enforcement of the Building Code Act, the Building Code, and this By-
law;
2.10 "Cellar" means that space of a building that is partly or entirely below grade, which has more
than halfof its height, measured from floor to ceiling, below the average exterior finished grade;
2.11 "Chief Building Official" means Chief Building Official appointed under Section 3 ofthe
Building Code Act and having authority for the enforcement thereof.
A Chief Building Official is
deemed to also be a Building Inspector in accordance with the Building Code Act;
2.12 "Compost" means the natural decomposition oforganic materials to produce humus in a compost
container, pile, or digester;
2.13 "Crawl Space" means a space beneath a floor assembly and the ground, with a clearance less
than 1.8 m in height;
2.14 "Committee" means a Property Standards Committee established under Section 15.6 of the
Building Code Act;
2.15 "Derelict Motor" means any unlicensed vehicle or any vehicle having missing parts, including:
tires, damaged or missing glass, deteriorated or removed metal components, which prevents its
mechanical function. This includes commercial and industrial vehicles and equipment, snowmobiles,
motorcycles, all-terrain vehicles, trailer, boats, marine equipment, and trailers;
2.16 "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;
2.17 "Dwelling Unit" means one room or a group of rooms in a building used, designed, or intended
to be used by only one family as a single, independent, and separate housekeeping establishment, in
which food preparation and sanitary facilities are provided for the exclusive use of such family, and
which has a private entrance from outside the building or from a common hallway or stairway inside
the building. For the purposes ofthis By-law a dwelling unit does not mean or include a tent, or a room
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or suite of rooms in a hotel, motel, or motor hotel;
2.18 "Domestic Waste" means any debris, rubbish, refuse or garbage of any type arising from a
residence, belonging to or associated with a house or use of a house or residential property, including
but not limited to garbage, discarded material or things, yard waste, broken or dismantled things and
materials or things exposed to the elements and deteriorating or decaying on a property due to exposure
to the weather;
2.19 "Effluent" means sanitary sewage that has passed through a treatment unit;
2.20 "Fire Resistance Rating" means the time as defined in the Ontario Building Code that a material
construction or assembly will withstand the passage of flame and transmission of heat when exposed
to fire under specified conditions of test and performance criteria.
2.21 "Firewood" is any wooden material that is gathered and used for fuel. Generally, firewood is not
heavily processed and is in some sort of recognizable log or branch form, compared to other forms of
wood fuel like pellets. Firewood can be seasoned and heat treated (dry) or unseasoned (fresh/wet);
2.22 "Guard" meansa protective barrier installed around openings in floor areas or on the open sides
of a stairway, a deck or 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 may or may
not have openings through it;
2.23 "Habitable Room" means a room in a dwelling used or intended to be used primarily for human
occupancy for the purposes of living, sleeping, cooking, or eating, but does not include a bathroom,
toilet room, serving or storage pantry, laundry, or corridor;
2.24 "Industrial Waste" means any debris, rubbish, refuse or garbage of any type arising from an
industrial or commercial operation, or belonging to or associated with industry or commerce or
industrial or commercial property including but not limited to garbage, discarded material or things,
broken or dismantled things, yard waste, materials or things exposed to the elements and deteriorating
or decaying on a property due to exposure to the weather;
2.25 "Maintenance" means the preservation and keeping in good repair of a property and building;
2.26 "Means of Egress" means a continuous, unobstructed path of travel provided by a doorway,
hallway, corridor, exterior passageway, balcony, lobby, stair, ramp, or other exit facility used for the
escape of persons from any point within a building, a floor area, a room, or a contained open space to
a public thoroughfare or an approved area of refuge usually located outside the building;
2.27 "Motor Vehicle" means an automobile, truck, motorcycle, snowmobile, trailer, recreational
vehicle and any other vehicle propelled or driven by other than muscular power, but does not include
the cars of an electric or steam railway or other vehicles running solely upon rails or a traction engine,
farm tractor, self-propelled implement of husbandry or road building machine within the meaning of
the Highway Traffic Act, R.S.O. 1990, c. H.8;
2.28 "Multiple Dwelling" means a building containing three or more dwelling units;
2.29 ""Naturalized Area" means a defined area of vegetation that is natural vegetation, has been
deliberately planted or cultivated with species of wildflowers, shrubs, trees, annuals, perennials,
ornamental grasses, or combinations thereof consistent with
a managed and natural landscape and
includes the required buffer in the shoreline as required in Township Zoning By-Law or any other
relevant municipal documents;
2.30 "Non-Habitable Room" means any room in a dwelling or dwelling unit or other than habitable
room, and including a bathroom, toilet room, laundry, pantry, lobby, communicating corridor,
stairways, closet, boiler room, or other space for service and maintenance ofthe dwelling and for access
to, and vertical travel between storeys;
2.31 "Non-Residential Property'' means a building or structure not occupied or capable of being
occupied in whole or in part for residential occupancy and includes the lands and premises appurtenant
thereto;
2.32 "Occupancy" means the use or intended use of a building or part of, for the shelter or enclose of
persons, animals, or property;
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2.33 "Occupant" means any person or persons over the age of eighteen years in possession of the
property;
2.34 "Officer" means a Property Standards Officer, or a Municipal By-law Enforcement Officer
appointed by by-law and assigned the responsibility for enforcing and administering this By-law;
2.35 "Owner" means the person, for the time being, managing or receiving the rent of, or paying the
municipal taxes on the land or premises, in connection with which the word is used, whether on his/her
own account, or as agent, trustee, or any other person who would so receive the rent if such land and
premises were rented, and shall also include a lessee or occupant ofthe property, who under the terms
of the lease is required to repair and maintain the property in accordance with the standards of
maintenance and occupancy of the property;
2.36 "Person" includes an individual, corporation, partnership, agent or trustee, and the heirs,
executors, administrators, or other legal representatives of a person to whom the context can apply
according to law;
2.37 "Property" means a building or structure, or part of a building or structure, and includes the
premises appurtenant thereto and all mobile structures, outbuildings, fences, and erections thereon,
whether heretofore or hereafter erected;
2.38 "Rental Dwellings and Dwelling Units" means residential rental properties that would fall under
the authority ofthe Residential Tenancies Act, 2006, S.O. 2006, and does not include short-term rentals,
hotels, motels, boarding houses, Bed and Breakfasts and seasonal rentals;
2.39 "Repair" means the provision of such facilities and the making ofadditions or alterations, or the
taking of such action as in restoring, renovating, and mending, as may be required so that the property
shall conform to standards established in this By-law;
2.40 "Residential Property" means any property that is used or designed for use of a domestic
establishment, in which one or more persons usually sleep and prepare and serve meals, and includes
any lands or buildings that are appurtenant to such establishment, and all stairways, walkways,
driveways, parking spaces, and fences associated with the dwelling or its yard;
2.41 "Sanitary Sewage" means liquid or waterborne waste, of industrial or commercial origin, or of
domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub,
culinary, sink and laundry waste.
2.42 "Sewage System" means,
a)
a chemical toilet, an incinerating toilet, a recirculating toilet, a self-contained portable toilet,
and all forms ofprivy, including a portable privy, an earth pit privy, a pail privy, a privy vault,
and a composting toilet system;
b)
a greywater system;
c)
acesspool;
d)
a leaching bed system; or
e)
asystem that requires or uses a holding tank for the retention ofhauled sewage at the site
where it is produced before its collection by a hauled sewage system;
2.43 "Sewage" means sanitary sewage or storm sewage;
2.44 "Storefront" means a store or other establishment usually containing display windows that has
a frontage ona street or thoroughfare;
2.45 "Third Party Inspector" is an inspector that is qualified by the Ontario Ministry of Municipal
Affairs (MAH) to issue a certificate under the Discretionary Sewage System Maintenance Inspection
Program approved by the Minister;
2.46 "Treatment Unit" a device that, when designed, installed, and operated in accordance with its
design specification, provides a specific degree ofsanitary sewage treatment to reduce the contaminant
load from that of sanitary sewage to a given effluent quality;
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2.47 "Township" means the Corporation of the Township of Dubreuilville; and
2.48 "Vehicle" means any bicycle, farm tractor, mobile home, motorcycle, road building machine,
self-propelled implement of husbandry, trailer, truck, motor vehicle, all-terrain vehicle, minibike,
carriage, wagon, sleigh, motorized snow vehicle, commercial vehicle, emergency vehicle, motor
vehicle as defined by the Highway Traffic Act, R.S.O. 1990, or any other conveyance of persons or
things on land.
3. GENERAL STANDARDS FOR ALL PROPERTIES
3.1 Any owner or occupant ofproperty in the Township of Dubreuilville shall maintain and repair
their property in accordance with the standards prescribed by this By-law.
3.2 Every owner or occupant shall carryout all repairs and maintenance ofthe property with suitable
and sufficient materials in
a manner accepted as good workmanship within the trade. All repairs or
new construction shall conform to the Ontario Building Code and be completed by the prescribed
time noted in the notice.
3.3 Every owner or occupant ofa building, accessory structure or structure that shows evidence of
decay or deterioration shall repair or replace any materials that are decaying or deteriorating in a
manner acceptable to an Officer.
3.4 Every owner shall ensure that his or her property is kept free and clear of any:
a)
grass areas exceeding 15 centimetres (6 inches) in height;
b) garbage, refuse, domestic waste, or industrial waste;
c)
refrigerator or freezer that is not located within a building or with the lid kept in a locked
position;
d) wrecked, dismantled, abandoned or inoperable appliance or machine;
e)
derelict motor vehicle;
f)
hedge, tree, or branch that hinders pedestrian traffic on
a Township maintained sidewalk;
g) accumulation of animal excrement;
h)
dead, decayed, or damaged trees or other natural growth and the branches or limbs thereof
which create an unsafe condition in relation to their environment;
i)
firewood logs, bark and sawdust for a long period oftime.
3.5 Every owner or occupant shal! ensure that:
a)
all steps, pedestrian walkways, driveways, parking spaces and other similar areas on their
property are maintained to afford clear, unobstructed, and safe passage by pedestrians and
vehicles;
b) all snow and ice are removed from the roofs of their building(s) when, in the opinion of an
Officer, the snow or ice poses health or safety hazard to persons or property in the normal use
of adjacent walkways, driveways, parking areas and entrances into buildings;
c)
any naturalized area on their land does not encroach above or over the property line;
d) all landscaped features on their property are kept in good repair;
e) Any grass that spreads on shoulder or frontage of your property that belongs to the Township
shall be maintained by the property owner.
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GARBAGE AND REFUSE STORAGE
3.6 Every owner or occupant shall store household waste in rigid animal resistant containers with
secure lids when stored outdoors and household waste shall not be stored in the front yard of a
residential property where the property has a garage, side yard or designated storage facility. Every
owner or occupant shall ensure that all lids are sealed when not in use.
3.7 The Owner ofany property that does not conform to the standards shall:
a)
repair and maintain the property in accordance with the standards; or
b)
remove or demolish and remove the whole or the offending part of any property that is not in
accordance with the standards; or
c)
clear the site ofall buildings and structures, debris, and refuse, and leave the property in a
graded and levelled condition;
3.8 Where applicable, the appropriate building or demolition permits shall be obtained prior to
commencing work.
WASTE DISPOSAL AND LITTERING
3.9 No person shall throw, place or deposit garbage, refuse or domestic waste or industrial waste
on Township or District property without the written authority ofthe Township or District;
3.10 No person shall use any land or structure within the Township for dumping, burying, or disposing
of garbage, refuse, domestic waste, or industrial waste ofany kind.
UNSAFE OR HAZARDOUS CONDITIONS
3.11 No person shall cause or permit an unfenced, unprotected, or open pit, excavation, well or other
situation which causes a safety hazard on a property.
EXEMPTIONS
3.12 The following exemptions apply with respect to the requirements of this By-law:
a)
Section 3.4 b) does not apply to domestic or industrial waste being stored outside for regular
waste collection provided the waste is being stored in accordance with sections 3.6 ofthis
by-law and is placed out for collection on a regular basis and in accordance with any waste
collection by-law currently in effect;
b)
Sections 3.4 a) and g), do not apply to a property being used for agriculture;
c)
Sections 3.6 a) and b) do not apply to a property being used for agriculture or permitted
commercial uses;
d)
Sections 3.4 a), b), d) and e) do not apply to the extent that the matter prohibited therein is
necessary for the operation of a business enterprise lawfully situated on the property;
e) This By-law does not apply to land owned by the Government of Canada, the Province of
Ontario, or the District;
f)
Section 3.4 e) does not apply to
a maximum of two (2) derelict motor vehicles on a property
provided the motor vehicles are undergoing an active restoration or repair project and are
located within an enclosed building or structure or are otherwise completely screened from
view from any other property or public roadway;
g)
Sections 3.10 and 3.11 do not apply to any land or structure used by the Township or the
District for the purpose of dumping or disposing of garbage, refuse or domestic or industrial
waste or for the composting of organic materials.
4. MAINTENANCE STANDARDS
4.1 Accessory Buildings
Every owner shall comply with the following conditions:
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a) Accessory buildings, retaining walls, signs, fences and required planting strips and other
designated structures appurtenant to the property shall be maintained in a structurally sound
condition and kept in good repair to prevent any hazard to persons or property;
b) Accessory buildings, retaining walls, fences, signs, and other designated structures shall be
protected from deterioration by the application of appropriate weather resistant materials,
including paint or other suitable preservative, and be of uniform color unless the aesthetic
characteristics of said structure are enhanced by the lack of such material; and
c)
Semi-trailers shall not be considered accessory buildings in any residential zone.
4.2 Damaged by Fire or Other Causes
a) Every owner or occupant ofa building, accessory structure or structure that is damaged by fire,
storm or other causes shall:
i.
take immediate steps to prevent or remove any condition that may endanger persons on
or near the property;
ii.
properly support and/or barricade the building or structure until necessary repairs or a
demolition can be carried out;
iii.
repair the building or structure as soon as is practicable;
iv.
remove any smoke damage or other defacement from the exterior walls ofthe building
or structure; and
v.
if necessary, demolish the building as soon as is practicable with a valid demolition
permit.
4.3 Garbage Disposal
a)
Every building, dwelling, and dwelling unit shall be provided with enough suitable
receptacles to contain all garbage, rubbish, refuse and ashes that may accumulate on the
property. Such receptacles shall be constructed of watertight material, be animal resistant,
have a tight-fitting cover and shall be maintained in a clean and odor-free condition at all
times;
b) Accumulation or storage of garbage, refuse, appliances, or furniture in a means of egress shall
not be permitted; and
c) No motor vehicle or major recreation equipment shall be used for the storage of garbage,
rubbish, debris, waste material or similar materials.
4.4 Pest Control
Every owner shall comply with the following conditions:
a) Dwellings shall be kept as free as practical ofrodents and vermin at all times. Methods used
for exterminating such pest shall be in accordance with the Pesticide Act. R.S.O. 1990, c.P.11.
b)
Openings, including windows, that might permit the entry of rodents, insects, vermin, or other
pests shall be appropriately screened or sealed.
4.5 Surface Conditions
Every owner shall comply with the following conditions:
a)
The surface conditions of yards shall be maintained to:
i.
prevent instability or erosion of soil;
ii.
not exhibit an unsightly appearance;
iii.
provide a safe passage under normal use and weather conditions, day, or night;
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iv.
not to create a nuisance to other properties;
v.
be kept free of garbage and refuse;
vi.
be kept free of deep ruts and holes; and
vii.
prevent ponding at building and storm water from entering building.
4.6 Vacant Buildings
a)
Every owner ofa building, accessory structure or structure that is vacant shall maintain all utility
connections in good repair and working order or secure all utility supplies, including the drainage
of all water from water pipes from the building to prevent damage to the building or to neighboring
property.
b)
Every owner ofa
vacant building shall:
i.
effectively secure the building, accessory structure, or structure from entry by unauthorized
persons;
ii.
inthe case where boards or similar materials are used to secure openings to the building,
accessory structure or structure, all boards and similar materials shall be covered and
maintained with paint or preservative that presents a complimentary appearance to the
color ofthe exterior finish ofthe building, accessory structure, or structure; and
iii.
protect the building, accessory structure, or structure from the risk offire, the entrance of
the elements, infestation of vermin or any unsafe condition.
"Residential Occupancy Standards" only apply to rental dwellings and dwelling units and every owner
shall comply with the following conditions:
4.7 General Conditions
a) Every owner and occupant ofa residential property shall maintain the property or part thereof
and the land which they occupy or control, in a clean, sanitary, and safe condition and shall
dispose ofgarbage and debris on a regular basis, in accordance with municipal by-laws;
b) Every owner and occupant ofa 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;
c)
Accumulation or storage ofgarbage, refuse, appliances, or furniture in public hallways or
stairways shall not be permitted.
4.8 Bathrooms and Toilet Rooms
a) All bathrooms and toilet rooms shall be fully enclosed and with a door capable ofbeing closed
to provide privacy for the occupant;
b) A washbasin shall be in the same room as the water closet, and where this is not possible, it
shall be in a room conveniently adjacent to the room containing the water closet.
4.9 Chimneys
a) Any heating apparatus or equipment used in the process ofburning fuel or combustible material
shall be properly vented to the outside air by means ofa smoke pipe, vent pipe or similar
adequate chimney, as provided in the manufacturer's installation instructions and in accordance
with the Ontario Building Code;
b) All gaseous and liquid fuel burning appliances and equipment shall be installed and maintained to
comply with the Ontario Energy Act, R.S.O., 1998, S.O. 1998, c.15 and the regulations made
there under, or other applicable legislation;
c) Every chimney, smoke pipe and flue shall be maintained to prevent gases from leaking into
the dwelling. Abandoned flues and chimneys shall be either removed or maintained in a safe
condition, including being adequately capped;
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d) All flu shall be kept clear ofobstructions. All openjoints shall be sealed, and all broken and
loose masonry shall be repaired.
4.10 Electrical Services
a)
Where available, electrical service complying with the requirements ofthe electricity service
provider shall be provided for all residential accommodation;
b) The electrical wiring and all electrical fixtures, switch receptacles and appliances located or used
in dwellings, dwelling units 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 in the Canadian Electrical Code;
c)
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;
d)
Exterior lights shall not be a nuisance to neighboring properties;
e)
Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 11.1
square meters (120 sq. ft.) offloor space, and for each additional 9.3 square meters (100 sq. ft.)
of floor area, an additional duplex outlet shall be provided;
f)
Extension cords shall not be used permanently.
4.11 Fire Alarms, Carbon Monoxide Detectors and Smoke Alarms
a)
Every dwelling unit shall be equipped with smoke alarms located between the bedrooms and the
remainderofthe dwelling unit, or as specified in the Ontario Building Code.
b) Acarbon monoxide detector shall be installed and maintained in all dwellings equipped with a
fuel-fired appliance or a "built-in" garage in accordance with the Ontario Building Code.
4.12 Heating Systems
a)
Every dwelling shall be provided with suitable heating facilities capable of maintaining a
minimum indoor temperature of 20 degrees Celsius;
b) The required heating system shall be maintained in good working conditions to be capable of
heating the dwelling safely to the required standard at any time;
c) No room heater shall be placed to cause a fire hazard to walls, curtains, and furniture, nor to
impede the free movement of persons within the room where the heater is located;
d)
Where buildings contain two or more dwelling units, fuel-fired heating appliances shall be
located, enclosed, or separated from the remainder ofthe building in conformance with the
Ontario Building Code and/or Ontario Fire Code.
4.13 Kitchens
a)
Every dwelling intended to be occupied year-round shall contain a kitchen area equipped
with:
a sink that is served with hot and cold running water and is surrounded by surface impervious to
grease and water;
i. a suitable storage area of not less than 0.23 cubic meters (8 cubic feet);
ii. a counter or work area at least 0.61 meters (2 feet) in width by 1.22 meters (4 feet) in
length, exclusive of the sink, and covered with a materia] that is impervious to moisture
and grease and is easily cleanable; and
iii. a space provided for cooking and refrigeration appliances including suitable electrical or
gas connections.
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4.14 Lighting
a) Lighting fixtures and appliances installed throughout a dwelling unit, including stairways,
corridors, passageways, garages, and basements shall provide sufficient illumination to avoid
health or accident hazards in normal use;
b) The owner shall ensure that all public halls, stairs, and outside entrances in multiple dwellings
shall be adequately lit.
4.15 Maintenance
a) Every floor, wall, ceiling, fixture, and appliance in a dwelling shall be kept free from rubbish,
mold, debris, or conditions which constitute a fire, accident, or health hazard.
4.16 Plumbing
a) All plumbing, drainpipes and plumbing fixtures in every dwelling and every connecting line
to the sewage system or water system shall be maintained in good working order and free
from leaks and defects and all water pipes and appurtenances thereto shall be protected from
freezing;
4.17 Toilet, Kitchen, and Bathroom Facilities
a) Every self-contained dwelling unit shall be provided with at least one kitchen sink, water
closet, washbasin and bathtub or shower and an approved means of sewage disposal;
b) Every dwelling unit shall contain a bathroom consisting of at least one fully operational water
closet, washbasin and a bathtub or suitable shower unit;
c) Every washbasin and bathtub or shower shall have a supply of hot and cold running water.
Every water closet shall have a suitable supply of running water;
d)
Wherea toilet, kitchen or bathroom is shared by the occupants of a residential
accommodation other than self-contained dwelling units, an entrance shall be provided from
the common passageway, hallways, corridor, or other common space.
4.18 Ventilation
a) Every habitable room and basement shall have an opening or openings for natural ventilation
and such openings shall have a minimum aggregate unobstructed free flow as required by the
Ontario Building Code;
b) An opening for natural ventilation may be omitted if mechanical ventilation is provided,
which changes the air once each hour;
c) All systems of mechanical ventilation or air conditioning shall be maintained in good
working order;
d) The unheated crawl spaces shall be adequately vented to the outside.
4.19 Water Supply
Every owner shall comply with the following conditions:
a)
Every dwelling unit shall be provided with a safe and adequate supply ofrunning water and
potable water from a source approved by the appropriate authority. If the piped supply is not
potable all fixtures must be labelled to indicate such, and an adequate supply ofpotable water
must be maintained within each dwelling;
b) All appropriate plumbing fixtures shall be provided with enough hot and cold running water.
Hot water shall be supplied at a temperature ofnot less than 43 degrees Celsius (11 OF);
c) A supply of water sufficient to adequately flush the toilet shall be supplied to every toilet.
10|]Page
5. BUILDING STANDARDS
5.1 Barrier Free Design
a) All facilities provided for barrier-free access must be maintained to the standard required at
the time of original construction ofthe barrier-free access and every owner shall comply.
5.2 Building and Structures
a)
Every part of a building shall be maintained in a structurally sound condition to be capable of
sustaining safely its own weight and any additional weight that may be put on it through
normal use. Materials which have been damaged or show evidence ofrot or other
deterioration shall be repaired or replaced;
b) All exterior walls, roof, porch, chimney, or appurtenance of a building shall be of materials
which provide adequate protection from the weather and shall be maintained in a manner to
prevent collapse ofthe same or injury to the occupants ofthe dwelling, or to the public;
c)
Exterior walls of a building or structure, and their components, including soffits, fascia, roofs,
windows, and door, 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 to prevent the entry of water into the
building envelope and deterioration due to weather conditions, insects, or other damage;
d) Exterior walls of a building or structure and their components shall be kept free of painted
slogans, graffiti, and similar defacements.
5.3 Doors and Windows
a)
Windows, doors, skylights and basement or cellar hatchways, shall be maintained in good
repair, be weather tight and draft-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 also be
maintained in good repair. Windows shall be free of cracks and breaks;
b) All windows intended to be open, and all exterior doors shall have hardware to be capable of
being locked or otherwise secured from inside a dwelling unit. At least one entrance door to a
dwelling unit shall have suitable hardware to permit locking or securing from either inside or
outside the dwelling unit;
c)
Where fire resistant doors exist in dwelling units, they shall be maintained in a condition
which maintains the fire-resistant rating for which the door was originally designed.
5.4 Egress
a) Every building shall have a separate access to provide a safe, continuous, and unobstructed
exit from the interior ofthe building to the exterior at street or grade level;
b)
The means of egress and fire warning devices in all buildings shall be maintained in
accordance with 0.
Reg. 388/97 (Fire Protection and Prevention Act).
5.5 Electrical
a) The electrical wiring, fixtures, switches, receptacles, and appliances located or used in
buildings 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 Canadian Electrical Code;
b) Lighting fixtures installed throughout a building, including stairways, corridors, passageways,
garages, and basements, shall provide sufficient illumination to avoid health or accident
hazards in normal use;
11|]Page
c)
Exterior lights shall not be a nuisance to neighbouring properties;
d) Emergency lights and exit signs shall be maintained and tested regularly.
5.6 Foundations
a)
The foundation walls, and basement, cellar or crawl space floors shall be maintained in good
repair and structurally sound and where necessary shall be so maintained by shoring ofthe
walls, grouting masonry cracks, damp proofing the walls or floors, and installing subsoil
drains at footing levels;
b) Every basement, cellar and crawl space in a building shall be adequately drained;
c) Every foundation, wall or pier, structural member or material that has been damaged or
indicate evidence of deterioration shall be repaired or replaced in accordance with the
Ontario Building Code.
5.7 Insulation
a)
Thermal insulation and air/vapour barriers of a building required to minimize heat losses shall
be installed or maintained to prevent the condensation of water on exterior walls, ceilings, or
floors.
5.8 Lighting
a) 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 to cause unnecessary impairment of use
or enjoyment of neighbouring properties.
5.9 Plumbing
a) All building drains shall be connected to a municipal sanitary or private sewage system
except storm drains;
b) Building intended for occupancy shall contain at least one bathroom. All appropriate
plumbing fixtures shall be provided with an adequate supply of hot and cold running water;
c) 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;
d) All plumbing fixtures shall be connected to the building drain through water seal traps;
e) Every fixture shall be of such materials, construction and design as will ensure that the
exposed surface of all parts is hard, smooth, impervious to hot and cold water, readily
accessible for cleansing, and free from blemishes, cracks, stains, or other interstices that may
harbour germs or impede thorough cleansing.
5.10 Roofs
a)
Roofs and their components shall be maintained in a weather tight condition, free from loose
or unsecured objects or material;
b) Dangerous accumulations of ice and or snow shall be promptly removed from roofs;
c)
Removal of snow or sliding snow from any roof shall not affect the adjacent property.
5.11 Stairs, Steps and Porches
a)
Inside or outside stairs, steps, porches, balconies, decks, and landings shall be maintained to
be free ofholes, cracks or other defects which may constitute accident hazards. Existing stair
treads, steps, handrails, 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
as per Ontario Building Code;
12|Page
b) Exterior steps, decks, walks and driveways shall be maintained to afford safe passage under
normal use and weather conditions;
c)
Guard protection shall be installed and maintained in good repair on the open side ofany
stairway or ramp containing three (3) or more risers, including the landing, or a height of 24
inches (600 mm). A handrail shall be installed and maintained in good repair in all stairwells.
Guardrails shall be installed and maintained in good repair around all landings, porches, and
balconies. Guard protection and handrails shall be constructed in accordance with the Ontario
Building Code and maintained rigid in nature.
5.12 Walls, Floors and Ceilings
a) Every wall, floor, and ceiling finish shall be maintained to be free ofdefects which would
permit flame or excessive heat to enter any concealed space;
b)
Where fire resistant walls, floors or ceilings exist between separate dwelling units or suites,
they shall be maintained in a condition which maintains the fire-resistant rating for which the
wall was originally designed;
c)
Where floorboards have been covered with linoleum or some other covering which has
become worn or torn so that it retains dirt or might cause an accident, the linoleum or other
covering shall be repaired or replaced;
d)
Where wall studs and ceiling joists are covered with drywall or some other covering which
has become worn or damaged so that it may cause an accident, the covering shall be repaired
or replaced.
6. ADMINISTRATION AND ENFORCEMENT
6.1 The Municipal By-law Enforcement Officer, employee appointed by Council as an Officer, or their
representative shall be responsible for the administration and enforcement of this by-law.
6.2 Nothing herein shall be deemed to limit the ability of the Ontario Provincial Police to enforce this
by-law at any time.
6.3 An Officer may, at any reasonable time, enter upon land and into buildings (excluding dwellings
unless consent or a search warrant is granted) for the purpose of carrying out an inspection, taking
photographs and obtaining evidence to determine whether the property complies with this By-law
under the authority ofSection 436 ofthe Municipal Act and the Section 15.2 ofthe Building Code Act
and an Officer may be accompanied by other Township of Dubreuilville employees/agents for this
purpose.
6.4 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or
employee/agent ofthe Township of Dubreuilville accompanying or acting under the direction ofthe
Officer in exercising a power or performing a duty under this by-law. Any person who is alleged to
have contravened any of the provisions of this By-law shall identify him/herself to an Officer upon
request. Failure to identify upon request shall be deemed as obstruction ofthe Officer.
6.5 Where an Officer has confirmed that a property or building is not maintained in accordance with
the requirements ofthis By-law, the Officer may, in addition to verbally directing the owner to bring
the property into compliance, serve the owner or occupant with a notice or an order in writing
directing the owner to bring the property into compliance with the by-law requirements.
6.6 A written notice or order to the owner or occupant of a property may be served personally upon
the owner or occupant of the property or sent by registered mail to the last known address ofthe
owner or occupant according to the current assessment rolls. If sent by registered mail, the notice
shall be deemed to have been served on the fifth (5) day after mailing.
6.7 Where an owner or occupant, having been served with a notice or order in the manner described
in section 6.5, fails to comply with the notice or order within the time specified, an Officer, employee
or agent may, upon producing appropriate identification when so requested, enter onto the property
at a reasonable time and carry out any or all the work required to bring the property into compliance
with this By-law and every owner shall comply.
13|Page
6.8 Where an Officer has placed or caused the placing ofa placard containing the terms of a notice or
order upon any premises under the authority ofSection 15.2 (3) ofthe Building Code Act, no person
shall remove such placard except with the consent of the Officer.
6.9 When an Officer deems a violation under this By-law to pose an immediate risk to public health
or safety, the notice provisions contained in section 6.5 may be waived and an emergency order shall
be posted on the property requiring immediate action or other remediation. The owner or occupant
shall comply with an emergency order within the period specified on the emergency order.
6.10 Any items or materials removed from a property during a clean-up conducted by the Township,
or an agent of the Township may be immediately disposed of by the Township or the agent of the
Township without further notice to the property owner.
6.11 Once served upon an owner or occupant in accordance with section 6.5, a notice or order shall
remain in effect on a property until the notice or order has been complied with or for the duration of
a calendar year and further notices to the owner or occupant for similar violations within the same
calendar year are not required.
6.12 Any repairs or maintenance undertaken by the Township to bring a property into compliance
with this By-law, the owner or the occupant to which an order or notice has been issued will be
subject to a twenty-five (25) percent administration fee.
6.13 Where the Township has completed works as described in section 6.7, all expenses incurred by
the Township in doing the work, as well as any related administrative fees, shall be deemed to be
taxes and may be collected by action or the costs may be added to the tax roll for the property and
collected in the same manner as taxes.
6.14 The Township assumes no liability for property damage or personal injury resulting from
remedial action or work undertaken with respect to any person or property that is subject to this By-
law.
6.15 Any owner or occupant who has been served with a notice or order and who is not satisfied with
the terms or conditions ofthe notice or order may appeal to the Property Standards Committee by
sending a notice of appeal by registered mail or in person to the Municipal Law Enforcement Officer
within fifteen (15) days after being served with the notice or order. The owner or occupant must pay
the processing fee.
6.16 The imperial measurements contained in this By-law are given for reference.
7. OFFENCES AND PENALTIES
This By-law shall apply to all property within the limits ofthe Township of Dubreuilville.
7.1 Penalty Notice
a) If an administrative penalty imposed is not paid within fifteen (15) days after the day that it
becomes due and payable, the Treasurer/Tax Collector ofthe Township of Dubreuilville may,
add the administrative penalty to the tax roll for any property in the local municipality for
which all ofthe owners are responsible for paying the administrative penalty, and collect it in
the same manner.
b) Anyone issued a Penalty Notice can dispute it by requesting a Screening Review. A Screening
Review is an informal process for mediation with a Screening Officer. Most of all matters
should be resolved at this stage. If the accused is not satisfied with the Screening Officer's
determination, they may then request a review with a Hearing Officer. Once the decision is
made by a Hearing Officer, the decision is considered final, with no appeal process to a higher
Court.
7.2 Screening
The Screening Officer when receiving a request for a Screening Review form on or before the Due
Date shown on the Penalty, shall:
a)
No appointment is necessary for your Screening Review, and a decision will be email or sent
by registered mail back to you within fifteen (15) business days;
14|Page
b) Ifyou want to request a time extension due to mitigating or extenuating circumstances, you
must fill in an AMPS Time Extension Request for Screening Review. In Order to be
considered for an Extension of Time to Request a Screening Review, this Request must be
received by the Screening Officer within fifteen (15) days ofthe date the Penalty Notice was
issued;
c)
The Screening Officer may grant an Extension and set a date for a Screening Review only if
the Applicant demonstrates, on a balance of probabilities, the existence of mitigating or
extenuating circumstances that warrant an extension oftime;
d)
You will be notified of the decision ofthe Screening Officer. Ifthe Screening Officer grants
an extension, a staff member will contact you to book a Screening Review appointment;
e) Ifyou do not attend the Screening Review at the scheduled time, an administrative fee of
$100 will be added to the amount ofthe Penalty Notice as per User Fee By-law.
7.3 Hearing
In order to be considered for
a Hearing Review, the Request for Review by Hearing Officer form
must be received on or before the Due Date shown on the Decision ofthe Screening Officer.
a) A Notice of Appointment for Hearing Review will be e-mailed or mailed to you, with the
date, time, and location of the scheduled Hearing Review.
b) A final decision, will be email or sent by registered mail back to you within 15 business days;
c) Ifyou do not attend the Decision of Appeal Hearing at the scheduled time an administrative
fee of $250 will be added to the amount of the Penalty Notice as per User Fee By-law.
7.4 Certificate of Compliance
a) Upon the issuance of a Certificate of Compliance at the request of an owner, a fee is
payable in accordance with the current Township User Fee By-law.
7.5 Conflicts with Other By-laws
a)
Wherever a standard established by this By-law is different from a standard in relation to the
same matter established by any other By-law in force in the Township of Dubreuilville, the
standard which provides the higher degree ofprotection for the health, safety, and welfare of
the occupants and ofthe public shall prevail.
b) Every provision of this By-law is declared severable from the remainder and if any provision
ofthis By-law shall be declared invalid by a court ofcompetent authority, such declaration
shall not affect the validity of the remainder ofthis By-law, and it is hereby declared that the
remainder ofthe By-law shall be valid and shall remain in force.
7.6 Penalties
a) Any person who contravenes a designated provision ofthis By-law is guilty of an offence,
and, when given a Penalty Notice, in accordance with the Administrative Monetary Penalty
System (herein after, "AMPS (ADMINSTRATIVE MONETARY PENALTY SYSTEM)
BY-LAW", be liable to pay to the Township an administrative penalty as set out in the
schedules attached to the AMPS By-law (as amended from time to time).
b) Any person who contravenes any of the provisions ofthis By-law, except a designated
provision, is guilty of an offence and upon conviction is liable to a penalty as provided for in
the Provincial Offences Act, R.S.O. 1990, c.p. 33 (as amended from time to time) or any
successor thereof.
7.7 Municipal Lien
a) If an Order of an Officer under subsection 15.2 (2) of the Building Code Act is not complied
with the resulting in assessment and repair cost paid out by the Township or other expenses,
the Township shall havea priority lien on the land and the amount shall be added to the tax
roll against the property and collected in the same manner as property taxes in accordance
15|Page
with 15.4 (4) and15.4.2 (2) ofthe Building Code Act and the Municipal Act.
8. SCHEDULES
b) Provisions ofthis By-law that allow for financial penalties shall be updated and attached to
the Schedules of the Administrative Penalties found in the AMPS By-law (as amended from
time to time).
c)
Schedule "A" is attached and forms part ofthis by-law.
9, REPEAL OF BY-LAWS
a)
That By-Law 89-47 and is hereby repealed in its entirety.
10. EFFECTIVE DATE
a) That this By-Law shall come into force and take effect on the 10" day of May 2023.
READa first and second time on the 26" day ofApril 2023.
READa third time and befinally passed this 10" day of May 2023.
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SCHEDULE "A"
PROPERTY STANDARDS BY-LAW
ADMINISTRATIVE PENALTY AMOUNT
Column 1
Column 2
Column 3
Item
Provision creating
or
Penal
Short Form Wording
defining offence
Amount
1
Owner fails to keep ground cover to less than 15
3.4 a)
$75.00
centimeters (about 5.91 in) in height
2
Owner fails to keep property clear of
3.4 b)
$75.00
garbage/refuse/domestic or industrial waste
3
Owner fails to keep property clear of any
3.4 c)
$75.00
refrigerator/freezer having unlocked lid
Owner fails to keep property clear of a
3.4 d)
$75.00
4
wrecked/dismantled/abandoned/inoperable
appliance/machine
5
Owner fails to keep property clear of a derelict motor
3.4 e)
$75.00
vehicle
6
Owner fails to maintain hedge/tree/branch on property to
3.4f)
$75.00
not hinder pedestrian traffic on public sidewalks
7
Owner fails to keep property clear of accumulation of
3.4 g)
$75.00
animal excrement
Owner fails to keep property clear of
3.4 h)
$75.00
8
dead/decayed/damaged trees/natural
growth/branches/limbs which create unsafe condition
Owner fails to ensure steps/pedestrian
3.5 a)
$75.00
9
walkway/driveway/parking space/similar area on land is
properly maintained
10
Owner fails to remove hazardous ice/snow from the roof
3.5 b)
$75.00
of building
1
Owner fails to ensure naturalized area does not encroach
3.5 c)
$75.00
above or onto adjacent property
12 | Owner fails to maintain landscaped feature in good repair
3.5 d)
$75.00
13.
| Owner fails to properly store household waste
3.6
$75.00
14
Deposit garbage/refuse/domestic or industrial waste on
3.9
$200.00
Township/District property
Use land/structure for dumping/burying/disposing of
3.10
$200.00
15
garbage/refuse/domestic or industrial waste
16
Owner fails to take necessary action to prevent open
3.11
$100.00
pit/excavation/well/hazard on property
17
Owner fails to maintain accessory building, retaining wall,
4.1 a)
$75.00
sign, fence or required plantings
18
Owner fails to prevent or remove any condition that may
4.2 a) (i)
$75.00
endanger person/property after a fire, storm, or other event
19 | Owner fails to demolish the building after a fire
4,2.a) (v)
$75.00
20
| Owner fails to keep dwellings free of rodents and vermin
4.4a)
$75.00
21 __{ Owner fails to maintain surface conditions of a yard
4.6a)
$75.00
2
Owner fails to secure the vacant building from entry by
4.7 b) (i)
$75.00
trespassers
73
Owner fails to provide a heating source suitable to
4.12 a)
$75.00
maintain indoor temperature of 20 C
24 | Owner fails to provide a safe and adequate water supply
4.19 a)
$75.00
25 | Owner fails to maintain barrier-free design standards
5.1 a)
$75.00
%6
Hinder or obstruct an Officer/appointed person lawfully
6.4
$300.00
carrying out duties
Failure to properly identify themselves to an
6.4
$200.00
27 | Officer/appointed person while in contravention ofthis
By-law
28
| Owner fails to comply with a notice
6.7
$150.00
29
| Owner fails to comply with emergency order
6.7
$150.00
17|Page
I}
ON cere
yubreuilville
Prene etmps de vore Exprinc the Freedom
COUNCIL RESOLUTION
Moved By:
lLE
DATE: May 10, 2023
Seconded By:
LEE { Ce)
Resolution No.
03~LYo
Whereas that By-Law No. 2043-28, being a By-law to prescribe standards for the maintenance and
occupancy of property within the municipality in the Corporation of the Township of
Dubreuilville, be read a third time and be finally passed as presented,
Wh a ALLO
ALG chonoeS ao ducuoded
,
4
Carried
Defeated
Deferred
RECORDED VOTE:
YES
NO
Councillor Héléne Perth
Councillor Luc Lévesque
Councillor Julila Hemphill
Councillor Krystel Lévesque
Mayor Beverly Nantel
Declaration of Pecuniary Interest and General Nature Thereof: