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THE CORPORATION OF THE MUNICIPALITY OF EAST FERRIS
BY-LAW NO. 2026-10
BEING A BY-LAW TO ESTABLISH PROPERTY STANDARDS IN THE MUNICIPALITY OF
EAST FERRIS
WHEREAS the Municipality of East Ferris prescribes standards for the maintenance and
occupancy of property within the Municipality of East Ferris, and prohibiting the occupancy or
use of such property that does not conform to the standards and for requiring property not in
conformance with the standards prescribed herein to be repaired and maintained to conform
to the standards or the site thereof to be cleared of all buildings and structures and left in a
graded and levelled condition;
AND WHEREAS Section 9.12 of the Official Plan for the Municipality of East Ferris includes
provisions relating to the Property Standards By-Law to conserve, sustain and protect the
existing and future building stock and properties in the Municipality;
AND WHEREAS Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, provides that the
Council of a municipality may pass a by-law prescribing the standards for the maintenance
and occupancy of property within the municipality and for prohibiting the occupancy of use of
such property that does not conform with the standards, and 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 a graded and
levelled condition;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c. 23 requires that a
By-Law be passed under Section 15.1 of the Building Code Act to provide for the
establishment of a Property Standards Committee;
AND WHEREAS Sections 15.2 and 15.8 of the Building Code Act, S.O. 1992, c. 23 provide
inspection and enforcement authorities for a by-law made under Section 15.1 of the Act;
AND WHEREAS Section 15.4(1) of the Building Code Act provides if an Order of an Officer
under Section 15.2(2) is not complied with in accordance with the Order, as deemed
confirmed or as confirmed or modified by the Committee or a judge, the municipality may
cause the property to be repaired or demolished accordingly;
AND WHEREAS Section 436 of the Municipal Act, 2001, c. 25 permits a municipality to pass
by-laws providing that the municipality may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine compliance with by-law direction, Order or
license;
AND WHEREAS Section 445 of the Municipal Act, 2001, c. 25 provides that if a municipality
is satisfied that a contravention of a by-law of the municipality passed under this Act has
occurred, the municipality may make an Order requiring the person who contravened the by-
law or who caused or permitted the contravention or the owner or occupier of the land on
which the contravention occurred to do work to correct the contravention;
AND WHEREAS Section 391(1) of the Municipal Act, 2001, c. 25 provides that a municipality
may impose fees or charges on persons:
a)
For services and activities provided or done by or on behalf of it; and
b)
For costs payable by it for service or activities provided or done by or on behalf of
any other municipality or any local board;
NOW THEREFORE, the Council for the Corporation of the Municipality of East Ferris enacts
as follows:
1.0 Definitions
1.1
For the purpose of this By-Law:
Accessory Building or Structure shall mean a building or structure, which is normally
incidental or subordinate and located on the same lot as the primary use.
Building Code means Ontario Regulation 163/24 made under Section 34 of the Building
Code Act.
Chief Building Official (CBO) means a Chief Building Official appointed by Council under
Section 3 of the Building Code Act, or their designate.
Chief of the Fire Department means Chief of the Municipality of East Ferris Fire Department.
Debris or Litter or Rubbish or Waste means any waste material of any kind whatsoever and
without limiting the generality of the foregoing includes: inoperative or unlicensed vehicles,
trailers or boats and mechanical equipment, automobile and mechanical parts, tires, furnaces,
water and fuel tanks, furniture, glassware, plastic, cans, garden refuse, grass clippings, trees,
tree branches, earth or rock fill, animal feces, materials from construction or demolition
projects, old clothing and bedding, refrigerators, freezers, or similar appliances, whether
operable or inoperable, containers of any kind and unmaintained garden fixtures and any
objects or conditions that might create a health, fire or accident hazard. Shall mean any
material whatsoever capable of holding water, and without limiting the generality of the
foregoing, includes, but is not limited to, tires, motor vehicles, boats, bird baths, wheelbarrows,
containers of any kind and garden fixtures.
Demolish means to do anything in the removal of a building or any material part thereof and
'demolition' has a corresponding meaning.
Dismantled Vehicle means a vehicle having missing bodywork components or parts,
including tires or damaged components, parts, bodywork, glass or deteriorated or removed
adjuncts, which prevents its mechanical function, and includes a motor vehicle that is not
licenced for the current year.
Dwelling means a building or structure, or part of a building or structure which is used,
intended to be used, or capable of being used for the purpose of human habitation in whole or
in part and includes a building that would be used, is intended to be used, or is capable of
being used for such purpose, except in a state of disrepair.
Dwelling Unit means one room or a suite of rooms. Operated as a single housekeeping unit
in a building, used or intended to be used as a residence by one or more persons and usually
contains cooking, eating, living, sleeping and sanitary facilities.
Fire Code means Ontario Regulation 213/07 made under the Fire Protection and Prevention
Act, 1997, S.O. 1997, c.4.
Inoperable Vehicle means a vehicle having missing bodywork, components or parts,
including tires or damaged components, parts, bodywork, glass or deteriorated or removed
adjuncts, which prevents its mechanical function, and may include any vehicle that does not
display a vehicle permit number plate with evidence of current validation of the permit affixed
to it, issued under the Highway Traffic Act, or as issued by another provincial government.
Land includes any part of a yard or lot within the Municipality of East Ferris.
Last Known Address includes but is not limited to the address provided to the Municipality of
East Ferris for the payment of property taxes for the property or the address for service on the
title document for the property.
Municipality shall mean the Corporation of the Municipality of East Ferris.
Non-Residential Property includes property not occupied in whole or in part for the purposes
of human habitation and includes the land and premises appurtenant thereto and all
commercial, industrial, out-buildings, fences or erections thereon and therein.
Nuisance Outdoor Illumination includes anything that is injurious to health, offensive to the
senses, or an obstruction to the free use of the property, so as to interfere with the
comfortable enjoyment of life or property.
Occupant means any person over the age of eighteen years of age in possession of the
property.
Officer shall mean a Property Standards Officer appointed by the Municipality of East Ferris
to administer and enforce this By-Law.
Order means an Order made by an Officer under this By-Law, pursuant to Section 15.2(2) of
the Building Code Act, 1992.
Owner includes:
a)
The registered owner of a property;
b)
The Person for the time being managing or receiving the rent of a property,
whether on the Person's own account or as agent or trustee of any other Person,
or who would receive the rent; and
c)
A Lessee or Occupant of a property who, under the terms of a lease, is required to
repair and maintain the property in accordance with the standards for the
maintenance and occupancy of property as set out in this By-Law.
Parking means the standing of a vehicle, whether occupied or not, except when standing
temporarily for the purpose of and while engaged in loading or unloading merchandise or
passengers.
Person means an individual, association, firm, partnership, corporation, trust, incorporated
company, corporation created under the Condominium Act, organization, trustee or agent, and
the heirs, executors or other legal representatives of a Person to whom the context can apply
according to law.
Property means a building or structure or part of a building or structure, and includes the
lands and premises appurtenant thereto and all mobile structures, out-buildings, fences and
erections thereon whether heretofore or hereafter erected, and includes Residential Property,
Non-Residential Property, and Vacant property.
Residential Property includes property which is occupied or capable of being occupied in
whole or in part for the purpose of human habitation.
Repair includes the provision of such facilities and the making of additions or alterations or
the taking of such action as may be required so that the property conforms to the standards
established in this By-Law.
Sewage System means the private sanitary sewage disposal system approved by the
Ministry of the Environment, Conservation and Parks, North Bay-Mattawa Conservation
Authority or other agency having jurisdiction.
Standards means the standards of physical condition and use for occupancy set out in this
By-Law.
Vacant Land includes property on which there are no structures of any kind.
Vehicle means a motor vehicle, trailer, boat, motorcycle, all terrain vehicle, motorized snow
vehicle and mechanical equipment, whether operable or not.
Yard includes the land other than publicly owned land around and appurtenant to the whole or
any part of a building and used or intended to be used or capable of being used in connection
with the said building.
2.0 Administration
2.1
That By-Law #1486 is hereby repealed.
2.2
That the Municipality of East Ferris may appoint Officers and such other staff to
carry out the administration and enforcement of this By-Law.
2.3
That this By-Law may be cited as the 'Property Standards By-Law'.
2.4
That this By-Law applies to all properties within the Municipality of East Ferris.
3.0 Scope
3.1
No Owner or Occupant of a property shall use, occupy, allow, permit or consent in
the use or occupation of the property unless such property conforms to the
standards prescribed in this By-Law.
3.2
No Person, being the Owner or Occupant of a property, shall fail to maintain the
property in conformity with the standards required in this By-Law.
3.3
The Owner of any property which does not conform to the standards in this By-
Law shall repair and maintain the property to conform to the standards or shall
clear the property and leave the property in a graded and levelled condition.
3.4
The Owner shall ensure all repairs and maintenance of a property shall be carried
out with suitable and sufficient materials in a manner accepted as good
workmanship with the trades concerned, including:
a) Carried out with materials suitable and sufficient for that purpose and free from
defects;
b) Where applicable, carried out in a manner consistent with any requirements of
the Building Code; and,
c) Where applicable, carried out by a qualified and/or licenced person in the trade
concerned.
3.5
The Owner shall ensure all new construction or repairs shall conform to the
Ontario Building Code, Ontario Fire Code, and the Fire Prevention and Protection
Act, where applicable.
3.6
No Owner or Occupant shall fail to comply with an Order issued under this By-
Law.
4.0 Standards for All Properties
4.1
Maintenance of fences, swimming pools, accessory buildings and signs
All fences shall be constructed in accordance with the Municipality of East Ferris
'Property Fence By-Law' and shall also be:
a) Reasonably uniform in height and appearance;
b) Maintained in a state of good repair;
c) Protected from deterioration by the application of paint or equivalent weather-
resistant material; and,
d) Constructed using suitable materials.
All swimming pools, wading pools, and hot tubs shall be:
a) Maintained in a state of good repair;
b) Kept free of water that has an unpleasant smell; and
c) Kept in a state to prevent breeding of mosquitos.
All derelict or otherwise unused swimming pools, wading pools or hot tubs shall be
drained and removed and the property left in a graded and levelled condition.
All accessory buildings shall be constructed under the authority of any applicable
Building Permit and in accordance with the Municipality of East Ferris Zoning By-
Law and shall also be:
a) Maintained in a state of good repair;
b) Protected from deterioration by the application of paint or equivalent weather-
resistant material; and
c) Constructed using suitable materials.
All signs shall be constructed in accordance with the Municipality of East Ferris
Sign By-Law and shall also be:
a) Maintained in a state of good repair, free from rips and tearing;
b) Protected from deterioration by construction with weather-resistant material;
and,
c) Constructed using suitable materials.
4.2
Maintenance of yards, lands and parking areas
Every yard and lands of a property, including vacant properties, shall conform with
the 'Clean Yards By-Law' and be maintained and kept clean and free from:
a) Rubbish, waste, litter or other debris and from objects or conditions that create
or might create health, fire or accident hazard;
b) Inoperable, dismantled, discarded or abandoned machinery, vehicles, trailers
or boats, unless it is necessary for the operation of a business enterprise
lawfully situated on the property and in compliance with zoning regulations;
c) Dilapidated, collapsed or partially constructed structures which are not
currently under construction;
d) Long grass, brush, undergrowth and noxious weeds as defined by the Weed
Control Act;
e) Dead, decayed or damaged trees or other natural growth; and
f) Injurious insects, termites, rodents, vermin or other pests.
Every property where refuse (including debris, littler, rubbish or waste) or
recyclable material is present shall have suitable receptacles to contain all refuse
or recyclables that may accumulate on the property. Such receptacles shall be
watertight, have a tight-fitting cover, be rodent proof and be maintained in a clean
and odour free condition at all times.
All parking areas used for vehicular traffic shall have a surface covering of asphalt,
concrete, compacted stone, gravel or dirt that is sufficient to provide access for
emergency vehicles. If a more restrictive regulation is present in a zoning by-law
or site plan control agreement, the more restrictive regulation shall take precedent.
All steps, walkways, driveways and parking spaces shall be maintained to allow
for safe passage under normal use and weather conditions.
4.3
Lighting
Where outdoor lighting is installed, fixtures shall be arranged so that any fixture is
at a maximum height off the ground that is no higher than the maximum permitted
height of a building in the corresponding zone. All fixtures shall be so designed
and installed that the light is directed downward and deflected away from adjacent
lots, roads, or streets.
Any lighting fixtures installed shall include a barrier or deflector to prevent lighting
from shining directly into or on an adjacent dwelling unit or causing nuisance
outdoor illumination as determined by the Property Standards Officer.
4.4
Drainage
Lot drainage shall be contained within the limits of the property from which it
originates until absorbed by the soil or drained to an approved swale or ditch.
Where a drainage swale or ditch exists, the feature shall be kept clean and clear
of debris to avoid blockages in flow.
Storm and melt water are to be drained to prevent ponding of water or the
entrance of water into a building. Any sump pump or roof drain shall not be
directed to discharge onto neighbouring properties.
4.5
Maintenance of Wells and Septic
All private wells shall be kept sealed to prevent the entrance of contaminants,
debris or wildlife/rodents from entering. Areas surrounding wells shall be kept
clean and free from hazardous materials.
All sanitary sewage shall be discharged into an approved sanitary sewage system
(septic system). Sewage of any kind is not to be discharged onto the surface of
the ground or in any waterbody.
4.6
Pest Prevention
Every property shall be kept free from rodents, vermin and other pests at all times.
The methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticides Act, R.S.O. 1990, c. P.11.
Openings, including doors, windows and vents, that might permit the entry of
rodents, insects, vermin or other pests shall be appropriately screened or sealed
to prevent entry.
5.0 Additional Standards for Residential Properties
5.1
General Conditions
a) In addition to Section 4, Standards for all Properties, as set out in this By-Law,
the Owner of Residential properties shall also comply with the Standards for
Residential Properties in this section.
b) Every Owner or Occupant of a residential property shall maintain the property
or part thereof and the land which they occupy or control, in a clean, sanitary
and safe condition.
c) Every Occupant of a Dwelling Unit, or in that part of a Dwelling Unit that they
occupy or control shall:
i. Keep all exits unobstructed; and
ii. Co-operate with the landlord in complying with the requirements of this
By-Law.
5.2 Foundation
a) Foundations shall be maintained in good repair, free from broken masonry
units, damaged, defective or deteriorated materials;
b) The protective material on all foundation walls, including paint or sealant, shall
be maintained in good repair to prevent deterioration that affects the
appearance or integrity of the building;
c) Any basement, cellar, or crawlspace in a Dwelling or other building shall be
protected, where necessary, by shoring of the walls, installing subsoil drains at
the footing, grouting masonry cracks, parging and water proofing of the walls
and floor to maintain the structure in good repair;
d) Any basement, cellar, or crawlspace in a Dwelling or other building shall be
properly drained, waterproofed and ventilated to the outside air.
5.3 Structural Soundness
a) Every part of a property shall be maintained in good repair and in a structurally
sound condition so as to:
i. Be capable of sustaining safely its own weight, and any additional load
to which it may normally be subjected;
ii. Be capable of safely accommodating all normal structural movements
without damage, decay or deterioration;
iii. Prevent the entry of moisture that would contribute to damage, fungus
growth, decay or deterioration; and,
iv. Be capable of safely and adequately performing its function subject to
all reasonable serviceability requirements.
5.4 Exterior Walls and Surfaces
a) Exterior walls shall be maintained in good repair, free from broken masonry
units, defective or deteriorated wood, broken or loose stucco, or defective or
deteriorating siding or trim;
b) The protective and decorative materials on all exterior walls, including paint,
shall be maintained in good repair so as to prevent deterioration that affects the
appearance of the building;
c) Openings in exterior walls not protected by a door or window shall be screened
with wire mesh, metal grill or otherwise suitably protected to prevent the entry
of vermin, rodents, insects, or other pests.
5.5 Roofs
a) Roofs shall be maintained in a structurally sound condition that is watertight,
free from loose or unsecured objects and free from hazards, including
dangerous accumulations of snow and/or ice.
b) Eaves troughs, leaders, roof drains and downspouts shall be maintained in
good repair, free from obstructions and properly secured to the building;
c) Soffit and fascia components shall be secured and maintained in good repair
and properly painted or otherwise treated;
d) Every chimney, smoke pipe, flue and gas vent, and other similar structures
shall be clear of obstructions, free from open joints, free from loose or broken
masonry units and in good repair;
e) Roofs shall be maintained by removing any loose, unsecured or rusted objects
or materials, including accumulated snow and ice.
5.6 Doors and Windows
a) All exterior openings of a dwelling shall be fitted with doors, windows or vents;
b) Doors and windows, including their frames, glass panels, handles, locking
mechanisms, and other hardware shall be kept in good repair;
c) Doors and windows shall be properly fitted in their frames;
d) Doors and windows shall be kept free from broken glass or screens;
e) All caulking around the interior and exterior of a window shall be maintained in
good condition;
f) All doors, windows and vents shall be maintained by painting trim, replacing
damaged doors, frames and other components, window frames, screens and
hardware.
5.7
Stairs, Handrails, Guards, Porches, Balconies and Decks
a) All stairs, handrails, guards, porches, balconies, and decks shall be
constructed in accordance with the Ontario Building Code;
b) All stairs, ramps, porches and landings, all treads and risers, all guards and
handrails, and all supporting structural members thereof, shall be maintained in
good repair free from defects and accident hazards and capable of supporting
all loads to which they might be subjected;
c) Maintenance of stairs, ramps, porches and landings shall include the repairing
or replacing of treads, risers and supporting structural members that are
broken, warped, loose, rotted or otherwise defective;
d) All porches, balconies and decks shall be maintained in good repair and free
from unsafe conditions;
e) All porches, balconies and decks shall be kept free from the accumulation of
rubbish, debris and other materials; and
f) All accessory attachments to porches, balconies and decks, including screens
and awnings, shall be maintained in good working condition.
5.8
Heating Systems, Ventilation and Air Conditioning
a) All heating, ventilation, air conditioning, and mechanical systems of a building
shall be provided, maintained and operated free from safety hazards and kept
in good repair;
b) All heating, ventilation and mechanical systems, where required, shall be
vented into a chimney or flue providing sufficient and adequate outlet for
escape of all noxious gases, to prevent any health, fire, or accident hazard;
c) Residential dwellings shall not be equipped with portable heating equipment as
the primary source of heat;
d) Every chimney, vent or flue on a building shall be maintained and kept free
from obstruction, all open joints shall be sealed, all broken or loose masonry
shall be repaired, and all vents shall be maintained to prevent gases from
leaking into a building;
e) All heating and ventilation services shall be installed and maintained in
compliance with all applicable standards, certificates and permits.
5.9
Smoke Alarms and Carbon Monoxide Detectors
a) All residential properties must conform with the Ontario Fire Code.
b) All residential properties must conform to the Ontario Building Code based on
the year the building was constructed and/or renovated.
c) Smoke detectors are required on every storey and outside all bedroom areas.
d) Carbon monoxide detectors are required if the building contains a fuel burning
appliance, a fireplace, an attached garage, and when the building is served by
a forced-air fuel burning appliance not contained within the building.
6.0 Additional Standards for Non-Residential Properties
6.1
In addition to Section 4, Standards for all Properties,
as set out in this By-Law, the Owner of Non-Residential properties shall also
comply with the Standards for Non-Residential Properties in this section.
6.2
All Non-Residential Properties shall be maintained to the following standards:
a) In a clean, sanitary, and safe condition;
b) Free from litter, refuse and debris including such litter and refuse as may be left
by customers or other members of the general public and shall provide
containers for the disposal of such litter and refuse; and
c) Free from rodents, vermin, pests and injurious insects.
6.3
Storage Areas on Non-Residential Properties shall be maintained in the following
condition:
a) Where outside storage of goods, materials, machinery or equipment and
vehicles is permitted on a Non-Residential property, the storage areas shall be
graded and maintained with gravel, or surfaced and maintained with concrete,
asphalt, crushed stone or other hard surface and dustless material;
b) Any goods, materials, machinery or equipment and vehicles permitted on a
Non-Residential property must be stored in a neat, organized and safe manner
and in compliance with the Municipality of East Ferris Zoning By-Law.
6.4
Structural Soundness of all Buildings and Structures on a Non-Residential
property shall:
a) Be maintained in good repair and in a condition capable of sustaining safely its
own weight, and any additional load to which it may normally be subjected;
b) Be capable of safely accommodating all normal structural movements without
damage, decay or deterioration;
c) Prevent the entry of moisture that would contribute to damage, fungus growth,
decay or deterioration; and
d) Be capable of safely and adequately performing its function subject to all
reasonable serviceability requirements.
All exterior walls, doors, windows and roofs shall be maintained in good repair,
free from broken masonry units, defective or deteriorating wood or trim, broken
glass and be watertight and protected from damage or deterioration from weather.
6.5
Roofs
a) Roofs shall be maintained in a structurally sound condition that is watertight,
free from loose or unsecured objects, and free from hazards, including
dangerous accumulations of snow and/or ice.
b) Eavestroughs, leaders, roof drains and downspouts shall be maintained in
good repair, free from obstructions and properly secured to the building;
c) Soffit and fascia components shall be secured and maintained in good repair
and properly painted or otherwise treated;
d) Every chimney, smoke pipe, flue and gas vent, and other similar structures
shall be clear of obstructions, free from open joints, free from loose or broken
masonry units and in good repair;
e) Roofs shall be maintained by removing any loose, unsecured or rusted objects
or materials, including accumulated snow and ice.
6.6
Doors and Windows
a) All exterior openings of a building shall be fitted with doors, window or vents;
b) Doors and windows, including their frames, glass panels, handles, locking
mechanisms, and other hardware shall be kept in good repair;
c) Doors and windows shall be properly fitted in their frames;
d) Doors and windows shall be kept free from broken glass or screens;
e) All caulking around the interior and exterior of a window shall be maintained in
good condition;
f) All doors, windows and vents shall be maintained by painting trim, replacing
damaged doors, frames and other components, window frames, screens and
hardware.
6.7
Stairs, Handrails, Guards, Porches, Balconies, and Decks shall be maintained in
the following condition:
a) All stairs, handrails, guards, porches, balconies, and decks shall be
constructed in accordance with the Ontario Building Code;
b) All stairs, ramps and landings, all treads and risers, all guards and handrails,
and all supporting structural members thereof, shall be maintained in good
repair free from defects and accident hazards and capable of supporting all
loads to which they might be subjected;
c) Maintenance of stairs, ramps, porches and landings shall include the repairing
or replacing of treads, risers and supporting structural members that are
broken, warped, loose, rotted or otherwise defective;
d) All porches, balconies and decks shall be maintained in good repair and free
from unsafe conditions;
e) All porches, balconies and decks shall be kept free from the accumulation of
rubbish, debris and other materials; and
f) All accessory attachments to porches, balconies and decks, including screens
and awnings, shall be maintained in good working condition.
6.8
Heating and Ventilation Systems shall be maintained in the following condition:
a) All non-residential properties shall be adequately ventilated by natural or
mechanical means and with regard to the operations carried on therein, to
ensure that persons within the property are not exposed to conditions
dangerous to their health or safety;
b) Ventilation shall be provided for every locker room, clothes drying room and
room in which plumbing fixtures are installed, either by means of natural
ventilation through openings directly to the outside air or by means of
mechanical ventilation; and
c) Mechanical ventilating equipment and the supports for each equipment shall be
maintained in good repair and in safe mechanical condition.
6.9
Smoke Alarms and Carbon Monoxide Detectors
d) All non-residential properties must conform with the Ontario Fire Code.
e) All buildings must conform to the Ontario Building Code based on the year the
building was constructed and/or renovated.
f) Smoke detectors are required on every storey and outside any
bedroom/sleeping area that may be contained within the building.
g) Carbon monoxide detectors are required if the building contains a fuel burning
appliance, a fireplace, an attached garage, and when the building is served by
a forced-air fuel burning appliance not contained within the building.
7.0 Standards for Vacant Lands, Vacant Buildings and Damaged Buildings
7.1
Vacant lands shall be maintained to the standards as described in Section 4.0,
Standards for All Properties, of this By-Law.
7.2
Where any property is vacant, unoccupied, or has been damaged by accident,
storm, neglect or other causes, the owner or agent shall protect such building
against risk of danger, such as fire, accident or other hazard, and shall effectively
prevent the entrance thereto of all unauthorized persons.
7.3
Vacant buildings shall be kept cleared of all garbage, rubbish, refuse and debris.
7.4
Where exterior doors, windows, trim or other openings of vacant buildings,
partially vacant buildings or abandoned buildings or structures, are broken,
improperly fitted or otherwise in disrepair, an Officer may Order the property
Owner to board the building or structure as a security repair to prevent the
entrance of the elements, unauthorized persons or the infestation of pests.
All boards used in the boarding shall be installed from the exterior and properly
fitted to the size of the opening of the building or structure within the frames in a
watertight manner.
7.5
All material used for boarding up unoccupied, vacant or damaged buildings shall
be covered or lined with material that can resist weathering, be fitted to the size of
the opening and securely fastened.
7.6
Where a building remains vacant for a period of more than ninety (90) days, the
Owner or their agent shall ensure that all utilities and services serving the building
or structure are properly disconnected or otherwise secured, to prevent accidental
or malicious damage to the building or adjacent property.
7.7
Subsection 7.6 does not apply where such utilities or services are necessary for
the safety or security of the building.
7.8
In the event of fire or any other damages, any damaged building or partially
damaged material shall be removed from the property, except that such material
which must be stored within a barricaded fire damaged building until investigations
are completed by other authorities.
7.9
Damaged buildings shall be repaired or demolished. Any repairs or demolition
shall be in compliance with the Ontario Building Code.
7.10 Where a building or other structure is demolished, the property shall be cleared of
all rubbish, waste, refuse, masonry, lumber or other materials and left in a graded
and levelled condition.
7.11 Where a building or structure is being demolished, every precaution shall be taken
to protect the adjoining property and members of the public. The precautions to be
taken include the erection of fences, barricades, and any other means necessary
to prevent access to the property.
7.12 No person shall commence, conduct or permit to be commenced or conducted
any work in the nature of demolition or removal of a building or part thereof unless
a permit is obtained from the Municipality of East Ferris.
8.0 Administration and Enforcement
8.1 Officer(s) responsible for the administration and enforcement of this By-Law shall
be appointed by the Council for the Municipality of East Ferris.
8.2 Officer(s) acting under this By-Law may, at any reasonable time and upon
producing proper identification, enter upon a property for an inspection without a
warrant to inspect the property to determine:
a) Whether the property conforms with the standards prescribed in this By-Law; or
b) Whether a Property Standards Order has been complied with.
8.3
Officer(s) shall not enter or remain in any room or place used as a Dwelling,
without the consent of the occupier, except under the authority of a Search
Warrant issued under Section 21 of the Building Code Act.
8.4
For the purposes of an inspection under Section 8.2, an Officer may:
a) Require documents, including drawings or specifications, that may be relevant
to the property:
b) Inspect and remove documents or things relevant to the property for the
purpose of making copies or extracts;
c) Require information from any person concerning a matter related to the
property;
d) Be accompanied by a person who has special or expert knowledge in relation
to the property;
e) Alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection; and
f) Order the Owner of the property to take and supply, at the Owner's expense,
such tests and samples as are specified in the Order.
8.5
After an initial inspection, if the Officer identifies that the property does not
conform to the standards prescribed in the By-Law, they, in addition to verbally
directing the owner to bring the property into compliance, shall also serve or cause
to be served by personal service upon or sent by pre-paid registered mail, to the
last known address of the Owner of the property, according to the current
assessment roll, and all who have interest therein, a Notice of Non-Compliance
containing particulars of the non-conformity. A Notice will be deemed to have been
served on the seventh (7) day after mailing.
8.6
A Notice of Non-Compliance shall state that the property does not comply with the
standards prescribed in the By-Law and specify the standards with which the
property does not comply. The Notice shall further state a date on which the
property will be subject to a re-inspection, at which time the Officer may issue an
Order under Section 8.8 of this By-Law.
8.7
The Notice shall state that the Officer may be contacted for the purpose of
requesting information and advice or reporting what action is being or will be taken
to effect compliance with the By-Law.
8.8
An Officer who finds that a property does not conform with any of the standards
prescribed in the By-Law may make an Order:
a) Stating the municipal address and/or 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.
8.9
An Order shall be served to the Owner of the property and such other persons
affected by it, as an Officer determines, and a copy of the Order may be posted on
the property in a location visible to the public.
8.10 A written 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 of the Owner or Occupant according to the current assessment
roll. If sent by registered mail, the Notice shall be deemed to have been served on
the seventh (7) day after mailing.
8.11 Should an Officer deem a matter of non-compliance poses an immediate risk to
public health or safety, the Notice and Order provisions contained in this By-Law
may be waived and an emergency Order shall be delivered and/or posted on the
property requiring immediate action or other remediation. The Owner or Occupant
shall comply with an emergency Order within the period of time specified on the
Order.
8.12 An Order may be registered in the proper land registry 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 with the Order on
the day on which the Order was served under Section 8.9 of this By-Law and,
when the requirements of the Order have been satisfied, the Municipal Clerk shall
forthwith register in the land registry office a certificate that such requirements
have been satisfied, which shall operate as a discharge of the Order.
8.13 If an Order is not complied with as deemed confirmed or as confirmed or modified
by the Committee or a judge, the Municipality of East Ferris may cause the
property to be repaired, cleaned, cleared up or demolished as the case may be.
8.14 For the purpose of Section 8.13 of this By-Law, employees or agents of the
Municipality of East Ferris may enter a property at any reasonable time, without
warrant, in order to repair, clean, clear up or demolish the property.
8.15 For the purpose of Section 8.14 of this By-Law, the Municipality of East Ferris or a
person or agent acting on its behalf is not liable to compensate the Owner,
Occupant or any other person by reason of anything done by or on behalf of the
Municipality in the reasonable exercise of its powers.
8.16 An Owner or Occupant who has been served with an Order made under Section
15.2(2) of the Building Code Act may appeal the Order to the Committee by
sending a notice of appeal by registered mail to the Secretary of the Committee
within fourteen (14) days after being served with the Order. All appeals shall be
accompanied by a non-refundable payment of $150.
8.17 An Order that is not appealed within the time provided by Section 8.16 of this By-
Law shall be deemed to be confirmed.
8.18 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 things if, in the Committee's
opinion, doing so would maintain the general intent and purpose of this By-Law
and the Official Plan or Planning Statement:
a) Confirm, modify or rescind the Order to demolish or repair, or
b) Extend the time for complying with the Order.
8.19 The Municipality of East Ferris or any Owner or Occupant or person affected by a
decision under Section 8.18 may appeal to the Superior Court of Justice by
notifying the Municipal Clerk in writing and by applying to the court within fourteen
(14) days after a copy of the decision is sent, and the provision of sections 15.3(5)
through (7) of the Building Code Act shall apply thereto.
8.20 An Officer who inspects a property and is of the opinion that the property is in
compliance with the standards established by this By-Law may issue a Notice of
Compliance to the Owner.
9.0 Property Standards Committee
9.1
There shall be a Property Standards Committee consisting of no fewer than three
(3) members, appointed by By-Law of the Council of the Municipality of East
Ferris, to hold office for a term established by Council.
9.2
The Council of the Municipality of East Ferris will fill any vacancy that occurs in the
membership of the Committee as soon as possible.
9.3
The members shall elect a Chair from amongst themselves, and when the Chair is
absent, the Committee may appoint another member as Acting Chair.
9.4
A majority of the members constitutes a quorum for transacting the Committee
business.
9.5
The members shall provide for a Secretary for the Committee. The Secretary shall
keep on file, records of all official business of the Committee, including records of
all applications and minutes of all decisions respecting those applications, and
Section 253 of the Municipal Act applies with necessary modifications to the
minutes and records.
9.6
The Committee shall give notice or direct that notice be given of the hearing of an
appeal to such person as the Committee sees advisable.
10.0
Severability
10.1 In the event any section, clause or provision of this By-Law is found by a court of
competent jurisdiction to be void, voidable, unenforceable, or ultra vires, such
provision or part thereof shall be deemed to be severed, and the remaining portion
of such provision and all other provisions of this By-Law shall remain in full force
and effect.
11.0
Penalty
11.1 No Owner or Occupant of property shall fail to comply with a Property Standards
Order as confirmed or modified. Should the Owner or Occupant fail to demolish or
repair the property in accordance with an Order, as confirmed or modified, the
municipality in addition to other remedies may:
a) If an Order, as confirmed or modified, is not complied with, the Municipality may
cause the property to be repaired or demolished accordingly,
b) Without further notice to the Owner or persons affected, employees or agents
of the Municipality may enter the property at any reasonable time without a
warrant in order to repair or demolish the property,
c) A municipal corporation or a person acting on its behalf is not liable to
compensate the Owner, Occupant, or any other person by reason of anything
done by or on behalf of the Municipality in the reasonable exercise of its
powers under the provisions of this By-Law, and
d) May cause a prosecution to be brought against any person who is in breach of
such an Order, and upon conviction, such person shall forfeit and pay, at the
discretion of the convicting Provincial Judge or Justice of the Peace acting
within his/her territorial jurisdiction, a penalty in accordance with the provisions
of Section 36 of the Building Code Act, 1992, S.O. 1992, c. 23.
11.2 Where the Municipality of East Ferris does work or causes work to be done to
correct contraventions of the By-Law, the Owner will be charged 100% of the
costs incurred for completing the work. If the Owner fails to pay the cost of work
completed under this By-Law within thirty (30) days of the work being completed,
the amount shall be added to the tax roll of the subject property and collected in
the same manner as municipal taxes.
12.0
Date of Effect
12.1 This By-Law shall come into effect on the date that it receives third reading by the
Council for the Corporation of the Municipality of East Ferris.
13.0
Repeal and Replace
13.1 That By-Law #1486 be repealed in its entirety and replaced with this By-Law.
READ A FIRST AND SECOND TIME this 10th day of February, 2026.
READ A THIRD TIME AND FINALLY PASSED this 10th day of March, 2026.
____________________________
Mayor
Richard Champagne
____________________________
Clerk
Kim Rose