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THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
BY-LAW NUMBER 2018-083
BEING A BY-LAW RESPECTING PROPERTY STANDARDS
WHEREAS Section 15.1 of the Building Code Act, 1992 S.O. 1992 c.23, as
amended, authorizes the passing of a By-law for prescribing standards for the
maintenance and occupancy of property within the Municipality;
WHEREAS Section 15.4 of the Building Code Act as amended authorizes Council
to cause a property that has been the subject of a confirmed Property Standards order to
be repaired or demolished under certain circumstances;
AND WHEREAS the Council of The Corporation of the Town of East Gwillimbury
deems it expedient to repeal By-law 2006-23 and to enact a By-law to prescribe standards
for the maintenance and occupancy within the Town of East Gwillimbury;
AND WHEREAS under Sections 35.3 and 45.1 of the Ontario Heritage Act, R.S.O.
1990, c.O.18, as amended, a By-law may be passed by the Council of a municipality
prescribing the minimum standards for the maintenance of the heritage attributes of
designated heritage properties or properties situated in a heritage conservation district
provided that a By-law passed under Section 15.1 of the Building Code Act is in effect in
the municipality;
NOW THEREFORE the Council of the Corporation of the Town of East Gwillimbury
hereby enacts as follows:
I
DEFINITIONS
1.1
In this By-law:
(a)
"Building" means,
(i)
a structure, temporary or permanent, consisting of a wall, roof and floor or
any combination thereof, or a structural system serving the function thereof,
including all plumbing, works, fixtures, and service systems appurtenant
thereto; or,
(ii)
structures designated in the Ontario Building Code.
(b)
"Building Branch" means the Building Branch of the Development Services
Department within the Corporation.
(c)
"Committee" means the Appeals Committee, to which members are appointed
from time to time by Council.
(d)
"Corporation" means The Corporation of the Town of East Gwillimbury.
(e)
"Council" means the Council of The Corporation of the Town of East
Gwillimbury.
(f)
"Dead, Dying, Diseased or Hazard Tree" means a tree with no living tissue, a
tree where seventy (70) percent or more of its crown is dead, a tree infected by a
lethal pathogen, or a tree that is severely damaged to the extent that it is or poses
an immediate safety threat to persons or property, as certified/verified by the
Corporation's arborist.
(g)
"Dilapidated" means in a state of disrepair or ruin as a result of age or neglect.
(h)
"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. This includes dwelling units, multi-unit dwellings, as well as
the land and premises appurtenant thereto and all outbuildings, fences and
erections thereon or therein.
(i)
"Dwelling Unit" means one or more habitable rooms, occupied or capable of
being occupied as an independent and separate housekeeping establishment, in
which separate kitchen and sanitary facilities are provided for the exclusive use of
the occupants.
(j)
"Driveway" means the defined area providing access for vehicles from a public
or private street or a lane to a parking area, parking lot, loading space, private
garage, carport, building or structure.
(k)
"Exit" means that part of a means of egress, including doorways, that leads from
the floor area it serves to a separate building, an open public thoroughfare or an
exterior open space protected from fire exposure from the building and having
access to an open public thoroughfare.
(l)
"Planning Manager" means the General Manager of Development Services or
their designate.
(m)
"Grade" means the average level of proposed or finished ground adjoining a
building at all exterior walls.
(n)
"Ground Cover" means organic or non-organic material that covers the ground,
and includes concrete, flagstone, gravel, asphalt, grass or other forms of
landscaping.
(o)
"Guard" means a barrier around openings in floors or at the open sides of stairs,
landings, balconies, mezzanines, galleries, raised walkways or other locations
designed to attempt to prevent accidental falls from one level to another.
(p)
"Habitable Room" means any room in a dwelling used or capable of being used
for living, sleeping, cooking or eating purposes.
(q)
"Heritage Approval" means an a p p r o v a l issued by the Corporation
related to alteration work on heritage property in accordance with the Ontario
Heritage Act.
(r)
"Heritage Attribute" means, an attribute of the property that contributes to its
cultural heritage value or interest and that is defined, described or that can be
reasonably inferred:
(i)
in a By-law designating a property passed under Section 29 of the
Ontario Heritage Act;
(ii)
in a Minister's order made pursuant to Section 34.5 of the Ontario Heritage
Act;
(iii)
in a By-law designating a heritage conservation district passed under
Section 41 of the Ontario Heritage Act; or,
(iv)
in the supporting documentation required for a By-law designating a
heritage conservation district, including but not limited to a heritage
conservation district plan, assessment or inventory, and identified as a
heritage attribute, value, reason for designation or otherwise.
Heritage attribute also includes the elements, features or building components
including roofs, walls, floors, retaining walls, foundations and independent interior
structures and structural systems that hold up, support or protect the heritage
attribute and without which the heritage attributes may be at risk.
(s)
"Heritage Property" means property, including all buildings, structures and
features thereon:
(i)
that has been designated by the Corporation under Section 29 of the
Ontario Heritage Act, or that has been designated by the Minister under
Section 34.5 of the Ontario Heritage Act; or,
(ii)
that is located within a heritage conservation district which has been
designated by the Corporation under Section 41 of the Ontario
Heritage Act.
(t)
"Inoperable Vehicle" means a Vehicle that is not in good repair and incapable of
being operated on a road. It includes a vehicle that does not display a valid vehicle
permit licence plate issued under the Highway Traffic Act, R.S.O. 1990, c. H.8, as
amended.
(u)
"Means of Egress" includes exits and access to exits and means a continuous
path of travel provided for the escape of persons from any point in a building or in
a contained open space to:
(i)
an separate building;
(ii)
an open public thoroughfare; or,
(iii)
an exterior open space protected from fire exposure from the building and
that has access to an open public thoroughfare.
(v)
"Multi-Unit Dwelling" means a building or portion thereof containing more than
two dwelling units, with rooms or interior areas that are used in common between
residents.
(w)
"Natural Garden" means a defined area of vegetation that has been deliberately
planted or cultivated with species of wildflowers, shrubs, perennials, ornamental
grasses or combinations of them, consistent with a managed and natural
landscape, and includes green roofs.
(x)
"Non-Habitable Room" means any room in a dwelling other than a habitable
room, and includes but is not limited to a bathroom, laundry, pantry, lobby,
elevator, closet, boiler room, crawlspace, attic, or other space for service and
maintenance of the dwelling unit.
(y)
"Nuisance" includes an injurious, offensive or objectionable condition and, without
limiting the generality of the foregoing, shall include a condition which is offensive
or obnoxious by reason of the emission of gas, fumes, dust, sawdust, or
objectionable odour or by reason of unsightly storage of goods, wares,
merchandise, salvage, or waste material.
(z)
"Officer" means an employee of the Corporation who has been appointed by By-
law to enforce the provisions of Corporation By-laws.
(aa)
"Ontario Heritage Act" means the Ontario Heritage Act and regulations, as
amended, and any successor legislation.
(bb)
"Order" means an Order issued by an Officer, or an assistant to the Officer, to a
person under this By-law requiring such person to perform work to correct a
contravention of this By-law.
(cc)
"Owner" means the registered owner, owner in trust, a mortgagee in possession,
a person who is managing or receiving the rent of the property, a lessee,
tenant/occupant or a person who is in control of the property and includes a
person, firm, partnership, corporation, company, association or organization of
any kind and its principal(s).
(dd)
"Person" means an individual, association, firm, partnership, corporation, trust,
incorporated company, corporation created under the Condominium Act, 1998,
S.O. 1998, c.19, organization, trustee or agent, and their heirs, executors or other
legal representatives of a person to whom the context can apply according to law.
(ee)
"Plumbing Appliance" means a receptacle or equipment that receives or collects
water, liquids or sewage and discharges water, liquid or sewage directly or
indirectly to a plumbing system.
(ff)
"Professional Engineer" means an engineer licensed by the Association of
Professional Engineers of Ontario.
(gg)
"Property" means a building or structure, or part of a building or structure,
and includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections thereon
whether heretofore or hereafter, erected, and includes vacant land.
(hh)
"Refuse" means any object or material that has been discarded by any person or
that is no longer in use or reasonably intended to be used by any person having
ownership or control over such object or material.
(ii)
"Sewage" means grey water, any liquid waste containing human, vegetable, or
mineral matter, waste that is in suspension whether domestic or industrial or any
other waste whether in suspension or precipitated, but does not include roof water
or storm run-off.
(jj)
"Sewage System" means:
(i)
a chemical toilet, an incinerating toilet, a recirculating toilet, a self-contained
portable toilet and all forms of privy, including a portable privy, an earth pit
privy, a pail privy, a privy vault and a composting toilet system;
(ii)
a greywater system;
(iii)
a cesspool;
(iv)
a leaching bed system; or,
(v)
a system that requires or uses a holding tank for the retention of hauled
sewage at the site where it is produced before its collection by a hauled
sewage system.
(kk)
"Sign" includes any sign as defined within the Corporation's Sign By-law, as
amended, or successor legislation thereto.
(ll)
"Sleeping Quarters" means any room in a dwelling unit used for purposes of
sleeping arrangements for any person.
(mm) "Standards" means the standards of physical condition and of occupancy
prescribed for property in this By-law.
(nn)
"Storage Garage" means a structure or part thereof used, designed, and
constructed for the storage or parking of more than five vehicles and which
contains no provision for repair, or servicing of such vehicles.
(oo)
"Structure" means anything that is erected, built or constructed of parts joined
together and attached or fixed permanently to the ground or any other structure.
For the purpose of this By-law, a fence not exceeding 1.5 metres plus a 0.3 metre
decorative top, a retaining wall less than 1.0 metre in height, a hedge, a light
standard and a sign shall be deemed not to be structures.
(pp)
"Unoccupied Building" means any building or structure which is or appears to
an Officer to be abandoned, vacant, partially vacant, or unoccupied.
(qq)
"Unsafe" means a condition that could be hazardous to the health or safety of
persons in the normal use of a property, building, or structure or that could be
hazardous to persons outside the building or structure or persons who may gain
access to the building or structure unless reasonable steps have been taken to
prevent such access.
(rr)
"Vehicle" means a motor vehicle as defined by the Highway Traffic Act.
(ss)
"Waste Material" means any garbage, refuse, rubbish, debris, litter, or waste,
which includes any article, thing, matter or effluent that appears to have been cast
aside, discarded or abandoned, or that is or appears to be worthless, useless or
of no practical value, or that is or appears to be expended, worn out, or used up,
in whole or in part, and without limiting the generality of the foregoing, includes:
(i)
refrigerators, freezers or other appliances;
(ii)
furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks, or any
part thereof;
(iii)
inoperable vehicles, vehicle parts and accessories;
(iv)
paper, cartons;
(v)
furniture;
(vi)
crockery;
(vii)
sewage;
(viii)
salvage materials;
(ix)
piping, tubing, conduits, cable and fittings or other accessories, or adjuncts
to the piping, tubing, conduits or cable;
(x)
containers of any size, any type or any composition.
(xi)
material resulting from, or as part of, construction or demolition projects;
(xii)
rubble, inert fill;
(xiii)
bones, feathers or hides; and,
(xiv)
metal.
GENERAL
II
GENERAL PROHIBITIONS AND REMEDIATION
2.1
Every owner shall ensure that the dwelling or property of the owner is
maintained in accordance with the provisions of this By-law.
2.2
Every person to whom an Order is issued or who is required to do or abstain from
doing anything by or pursuant to this By-law shall obey such Order or do or abstain
from doing such thing as required.
2.3
Every property that does not conform with the standards of this By-law shall be
repaired and maintained to conform with the standards or the property shall be
cleared of all buildings, structures, waste materials and left in graded and
levelled condition.
2.4
If an Order of an Officer is not complied with in accordance with the Order as
deemed confirmed or modified by the Committee or a justice, the Corporation
may cause the property to be repaired or demolished accordingly and the costs
incurred on the repair or demolition may be added to the tax roll and collected in
the same manner and with the same priorities as municipal real property taxes.
2.5
Notwithstanding Subsections 2.3 and 2.4 of this By-law, in the case of buildings
and structures located on heritage properties, no owner shall alter or demolish
the heritage property or heritage attributes, or permit the alteration or demolition
of the heritage property or heritage attributes, if the alteration or demolition is
likely to affect the property's heritage attributes, unless the owner has obtained
a building permit with Heritage Approval or other form of written consent from the
Planning Manager in accordance with the Ontario Heritage Act.
Requirement to Repair or Demolish
2.6
No owner of any property, having received an Order to Demolish respecting a
property pursuant to this By-law shall fail to abide by and conform to the terms of
that Order.
2.7
In the case of a heritage property, alternative measures to those prescribed in
this By-law may be considered when the By-law requirements may be impractical
and detrimental to the preservation of any heritage attributes. Said alternative
measures shall be approved by the Officer and Planning Manager.
III
DEMOLITION OR REPAIR BY THE CORPORATION
General Power
3.1
If the owner of a property fails to Demolish or repair the property in accordance
with the requirements of an Order issued under this By-law, as confirmed or
modified, he or she is in breach of this By-law and the Corporation, in addition to
all other remedies:
(a)
shall have the right to Demolish or repair the property in accordance with
the terms of the Order and for such purpose shall have the right, through
its employees, agents or sub-contractors to enter in and upon the property;
(b)
shall not be liable to compensate the owner, or any other persons making
a claim for compensation related to the property, by reason of any action
taken by or on behalf of the Corporation under the provisions of this By-
law; and,
(c)
shall have a lien on the property for the cost incurred from the renovation,
repair or demolition under this Subsection and the amount shall be deemed
to be municipal real property taxes and may be added to the tax roll and
collected in the same manner and with the same priorities as municipal real
property taxes.
IV
STANDARDS FOR ALL PROPERTIES
Work Standards
4.1
All repairs and maintenance of property required pursuant to this By-law shall be
carried out in a manner accepted as the applicable standard of good work in the
trades concerned and with materials suitable and sufficient for the purpose
intended. This includes a requirement for materials to reasonably be compatible in
design and colour with adjoining decorative finishing materials.
Maintenance of Yards
4.2
No owner shall keep their property, or that part of their property, without keeping
it clean and free, at all times, from:
(a)
brush, waste material or other debris and from objects or conditions, such
as holes or excavations, that might create a fire, health, safety or accident
hazard;
(b)
machinery or parts thereof, or other objects or parts thereof, or
accumulation of material that creates an unsafe condition or which is not in
keeping with the neighbouring properties;
(c)
dilapidated, collapsed or unfinished structures and from materials that
create nuisance and/or safety issues;
(d)
injurious insects or rodents and any condition which might result in the
harbouring of such injurious insects or rodents; and,
(e)
dead, dying, diseased or hazard trees or other natural growth, and the
branches or limbs thereof.
4.3
Every owner of property not zoned Rural in the Corporation's Zoning By-law
shall cut the grass and weeds, and remove the cuttings, on the property and any
abutting Boulevard whenever the growth of the grass or weeds exceeds twenty
centimetres in height.
4.4
Every owner of property zoned Rural in the Corporation's Zoning By-law shall
cut the grass and weeds, and remove the cuttings, within that area of the property
which is setback 6 metres from all lot lines that abut property that is zoned to
permit residential uses whenever the growth of the grass or weeds exceeds twenty
centimetres in height.
4.5
Notwithstanding Subsections 4.3 and 4.4 of this By-law, the height of grass need
not be maintained in:
(a)
heritage attributes, where said grass is considered the heritage attribute,
provided that the unkempt grass does not lead to the degradation of the
heritage attribute(s) of the heritage property; or,
(b)
natural gardens.
4.6
The accumulation, storage and keeping of materials required for the normal
operations of any lawfully conducted business is permitted, provided such
materials are stored in a neat and orderly manner, and in accordance with the
requirements of the Corporation's Zoning By-law and any applicable Site Plan
Agreement for the property.
4.7
Dismantled or wrecked vehicles, boats and/or trailers which are being privately
renovated, repaired or restored as a hobby or for the personal use of their owner
may be permitted on a property, provided they are stored within a fully enclosed
building, do not create an unsightly condition out of character with the surrounding
environment, and any necessary building permits have been obtained from the
Corporation.
Vehicles
4.8
No vehicle shall be used for the storage of waste material, inoperable equipment,
materials, appliances, or similar items.
4.9
No vehicle, including inoperable vehicles, shall be parked, stored or left on a
property except in accordance with Section 4.7 of this By-law and the
Corporation's Zoning By-law.
Sewage Discharge and Drainage
4.10 Sewage shall be discharged into the sewage system.
4.11 Untreated or inadequately treated sanitary sewage shall not be discharged onto
the surface of the ground, whether into a natural or artificial drainage system or
otherwise.
4.12 Roof drainage, storm water, swimming pool or sump pump water discharge shall:
(a)
Be drained from lands so as to prevent recurrent ponding or entrance of
water into a basement, cellar or any impervious road allowance; and,
(b)
Not be discharged onto walkways, stairs or neighbouring property.
4.13 Subsurface drainage shall be installed where there is recurring excessive ponding
caused by surface water.
4.14 The storm water run-off from all downspouts or impervious surfaces shall be
contained within the limits of the premises from which it originated until absorbed
by the soil or drained into a storm sewer or to a natural or artificially created swale
or watercourse.
Grading, Paving and Surface Conditions
4.15 Every owner shall keep their property graded, cultivated and protected with a
natural or artificial ground cover in a manner that:
(a)
prevents excessive or recurrent ponding of storm water; and,
(b)
prevents instability or erosion of soil.
4.16 Every owner shall keep the portion of their property which is used for steps,
walkways, vehicular traffic or parking, including loading areas or bays, ramps,
curbs, parking spaces or driveways:
(a)
free from dirt, surface dust and waste material;
(b)
graded and drained to prevent excessive ponding of water;
(c)
free from conditions which would impede the natural flow of water;
(d)
free from conditions which prevent vehicular or pedestrian passage; and,
(e)
free from hazard to any person under normal use and weather conditions.
Exterior Lighting and Supports
4.17 Every owner shall maintain all fixtures and structures supporting artificial lights,
all exterior lighting, and all connections to said lighting, on their property in a safe
condition, in good repair and in good working order.
4.18 No owner shall cause or permit any exterior lighting on their property to shine
directly into any dwelling unit windows.
4.19 Where parking areas are illuminated, lighting fixtures shall be so arranged that no
part of any fixture shall be more than 9 metres above the finished grade of the
parking area, unless permitted by the Corporation's By-laws. Fixtures shall be so
designed and installed that the light is directed downward and deflected away from
adjacent properties, roads, streets and dwelling units.
Fences
4.20 Fences, barriers and retaining walls shall be kept:
(a)
in good repair;
(b)
free from fire, safety or accident hazards;
(c)
protected by paint, preservative or other weather-resistant material;
(d)
so as not to present an unsightly appearance; and,
(e)
free of barbed wire or injurious material so as to not injure a person or
animal
4.21 No fence shall be erected in a location which will, does or may constitute a safety
or accident hazard to vehicular or pedestrian traffic.
4.22 No temporary construction/snow fencing shall be erected, unless said fencing is
used to temporarily control snow and/or to protect property undergoing
construction for which an approved Corporation permit is in effect. Such fencing
shall be removed upon completion of construction and/or when snow accumulation
has been reduced to a level that no longer requires the fencing.
4.23 Every owner on whose property livestock are being kept shall prevent the
livestock from leaving the property at any time by constructing a perimeter fence
or other interior enclosure, and, further such owner shall keep the said perimeter
fence or other interior enclosure in good repair.
4.24 All fences shall comply with the Corporation's Fence By-law and Zoning By-law.
Buildings and Structures
4.25 No building, or structure shall be kept in a condition which:
(a)
is structurally unsound as to be incapable of safely sustaining its own weight
and any additional weight that may be put on it through normal use;
(b)
is incapable of safely accommodating all normal movements without
damage, decay or deterioration;
(c)
is not clad by exterior surfaces of materials which provide adequate
protection from the weather to prevent the entry of moisture that would
contribute to damage, decay or deterioration; or,
(d)
contains loose, rotten, warped and broken materials and objects.
4.26 If in the opinion of the Officer there is doubt as to the structural adequacy or
condition of a building, or structure, or parts thereof, the Officer may order that
such building, or structure, or parts thereof, be examined by a Professional
Engineer. The Officer may require a written report, including drawings, that is
signed and stamped by the Professional Engineer to be submitted to the
Building Branch for evaluation by the Corporation. Said report shall give details
of the Professional Engineer's findings and proposed repair methods, all at the
expense of the property owner.
4.27 Examination and testing of any building or structure or parts thereof required by
Subsection 4.26 of this By-law shall be conducted in a manner acceptable to the
Officer and at the owner's expense.
4.28 Details, drawings and specifications pertaining to all temporary shoring and other
work deemed necessary by the Professional Engineer shall be included with the
report required by Subsection 4.26 of this By-law.
4.29 The owner shall have all work specified by the Professional Engineer completed
in a manner and within the time which shall be specified by the Officer. Said work
may require the owner to obtain building permits from the Corporation.
4.30 On completion of all of the work, a report signed and stamped by the Professional
Engineer that all of the work has been completed to his or her satisfaction shall
be submitted to the Officer and Building Branch by the owner.
Fire/Storm Damage
4.31 No person shall permit a building or structure damaged by fire, storm or by other
causes to remain on a property without being either demolished or repaired to its
original condition.
4.32 No person shall engage in the demolition or repair of a building or structure
damaged by fire, storm or by other causes, without:
(a)
taking immediate steps to prevent or remove a condition which might
endanger persons on or near the property;
(b)
properly supporting and barricading the building, accessory building or
structure until the necessary demolition or repair can be carried out;
(c)
carrying out such repairs or demolition within a time frame established by
the Officer, acting reasonably; and,
(d)
obtaining a building permit where one is required.
4.33 No property which contains a building or structure where the exterior wall or
surface of the building or structure, or of the remaining parts of the building or
structure, have been defaced by smoke or other natural causes without removing
the defacement, forthwith.
4.34 Notwithstanding Subsections 4.31, 4.32 and 4.33 of this By-law, in the case of
buildings and structures located on heritage properties, no owner shall alter or
demolish the heritage property or heritage attribute, or permit the alteration or
demolition of the heritage property or heritage attribute, if the alteration is likely
to affect the property's heritage attributes, unless the owner has obtained a
building permit with Heritage Approval or other form of written consent from the
Planning Manager in accordance with the Ontario Heritage Act.
Foundations, Walls, Columns, Beams, Floors, Roof Slabs, Balconies, Openings
and Roofs
4.35 The exterior walls of a building or structure shall be maintained in good repair, in
a manner to prevent deterioration due to weather or insects and free from:
(a)
defective or broken masonry units;
(b)
defective or deteriorated wood or metal siding or trim;
(c)
cracked, broken or loose stucco; and,
(d)
loose or unsecured objects.
4.36 Objectionable markings, graffiti, or other defacement of exterior surfaces shall be
removed and the surface restored.
4.37 Without limiting the generality of the foregoing, the maintenance of an exterior wall
includes:
(a)
the finishing with a weather resistant material of all exterior wood and metal
work;
(b)
restoring, repairing or replacing of any siding, brick and mortar, stucco,
lathing and plaster, the cladding, the coping and the flashing;
(c)
the waterproofing of the walls and joints; and,
(d)
where masonry units forming an exterior wall, or part of an exterior wall, of
a building are faced with a glazed or other decorative surface, all of those
units from which the surface has spalled or broken shall be removed and
replaced with units having a facing similar to that of the original wall so that
the wall presents a uniform and neat appearance.
4.38 Buildings and structures shall conform to the following:
(a)
exterior surfaces, which have been previously covered with paint or other
protective materials shall be maintained in good repair and the covering
renewed when it becomes damaged or deteriorated;
(b)
metal eaves troughs, roof gutters, rain water pipes, fascia, soffits, flashing
and all exterior metal construction components shall be kept in good repair,
free from obstructions, properly secured, free from safety or accident
hazards, and free from rust by application of a suitable protective material
such as paint and renewed when such application is impractical or
ineffective;
(c)
The cladding on the exterior walls shall consist of masonry, stucco, wood,
plywood, metal, vinyl or other materials of equivalent strength, durability and
fire endurance;
(d)
Balconies, porches, canopies, marquees, awnings, screens, grills,
stairways, fire escapes, pipes, ducts, air conditioners and all other similar
equipment, attachments, extensions and their supporting members shall
be:
(i)
maintained in good repair;
(ii)
free from waste material;
(iii)
properly and safely anchored; and,
(iv)
protected against deterioration and decay by the application of a
weather resistant material such as paint.
(e)
All exterior doors, windows, skylights, basement hatchways, including
storm windows, shall be:
(v)
maintained in good repair and weather tight;
(vi)
free from rotted or defective members;
(vii)
free from defective or missing hardware;
(viii)
free from torn, damaged or missing screens;
(ix)
free from defective or missing weather-stripping or caulking; and,
(x)
free from broken or missing glass.
(f)
Openings in exterior walls, other than doors and windows, shall be
effectively protected by suitable materials to prevent entry of rodents,
vermin and insects;
(g)
All roofs shall be maintained:
(i)
in a water-tight condition;
(ii)
free from loose, rotten, curling, lifting or unsecured objects or
materials;
(iii)
free from all other fire, safety or accident hazards;
(iv)
so that roof decks and related guards are in a good state of repair;
and,
(v)
free from conditions causing or contributing to leaks.
(h)
Every chimney, smoke or vent stack and other roof structures shall be
maintained plumb and in good repair so as to be free from:
(vi)
loose bricks, mortar and loose or broken capping;
(i)
loose or rusted stanchions, braces and attachments; and,
(ii)
fire, safety or accident hazard.
Stairs, Handrails and Guards
4.39 All buildings shall conform to the following:
(a)
all stairs, porches and landings, all treads and risers, all guards and
handrails, and all supporting structural members thereof shall be
maintained and free from defects and safety or accident hazards and
capable of supporting all loads in their normal use;
(b)
all ramps and stairs having more than three (3) risers shall be maintained
in accordance with the requirements of the Building Code Act and the
regulations thereto;
(c)
Guards shall be installed securely in accordance with the requirements of
the Building Code Act and the regulations thereto and maintained in good
repair; and,
(d)
loading bays, retaining walls and platforms shall be protected by a guard in
accordance with the requirements of the Building Code Act and the
regulations thereto, and maintained in good repair.
Floors and Protection
4.40 All floors shall conform to the following:
(e)
all floors shall be maintained in a clean and sanitary condition, free from
rubbish and debris;
(f)
the floors of rooms in which plumbing fixtures are installed shall be
maintained, impervious to water and in such a condition as to permit easy
cleaning; and,
(g)
floors shall be maintained to a smooth and level condition and shall be kept
free from warped or decayed boards, cracks, depressions, protrusions,
deterioration or other defects.
Nuisance
4.41 No owner shall cause or permit a nuisance.
4.42 No owner shall cause or permit the accumulation of litter in or around their
property or the portion of said property used for the temporary storage or disposal
of waste material.
4.43 No owner shall keep their property or the portion of said property used for the
temporary storage and disposal of waste material in a manner that attracts, or is
likely to attract, injurious insects, rodents, or creates a health or safety hazard.
Unoccupied Building
4.44 No owner shall permit an unoccupied building to exist on their property for a
term of greater than 90 days unless:
(a)
that owner has protected the building against the risk of fire, storm,
neglect, intentional damage, accident, or other danger/damage by other
causes and has effectively prevented the entrance of the elements,
unauthorized persons or the infestation of injurious insects or rodents, to
the satisfaction of the Officer;
(b)
where the building has been boarded up, that owner has used materials
covered and maintained with a preservative that is the same colour as the
exterior finish of the building; and,
(c)
that owner has caused all utilities serving the building to be properly
disconnected or otherwise secured to prevent accidental or malicious
damage to the building or adjacent property.
4.45 Subsection 4.44(c) of this By-law does not apply where utilities are necessary for
the safety or the security of the building or to protect a heritage property or
heritage attribute.
4.46 Where the minimum standards imposed by Subsection 4.44 of this By-law have,
more than once, failed to exclude unauthorized entry and/or where the owner's
lack of control, attendance or security measures to protect the unoccupied
building warrant, in the opinion of the Officer, use of a more secure option, then
the owner shall supply such measures, as may be required by the Officer.
Storage Garages
4.47 All storage garages shall conform to the following:
(a)
Storage garages shall be adequately lit in accordance with the standards
established by the Building Code Act and regulations, as amended, or
successor legislation thereto;
(b)
every floor, wall, ceiling and stairwell of a storage garage shall be kept
clean and free from rubbish and debris and from objects or conditions that
might create a fire, health, safety or accident hazard; and,
(c)
all means of egress within a storage garage shall be provided with clean,
clear, unobstructed and readily visible exit signs in accordance with the
Building Code Act and regulations and shall be maintained in good repair.
Demolition
4.48 No owner shall permit a building, accessory building, fence or other structure on
their property to be demolished without clearing the site of all foundation, waste
material, masonry, lumber and other materials and left in a graded and leveled
condition ready for grass seed or sod forthwith after demolition.
4.49 No owner shall permit any foundation, waste material, masonry or lumber to
remain on their property, on which a building, fence or other structure has been
destroyed by fire or demolished.
4.50 No person shall Demolish, or cause to be demolished, a building or other
structure without taking every precaution to protect adjoining properties and
members of the public. For the purpose of this Subsection, such precautions shall
include, but are not limited to, the erection of fences, barricades, covered walk
ways for pedestrians and all other means of protection necessary for the purpose.
4.51 Building permits and other municipal approvals may be required for any demolition.
V
SUPPLEMENTARY STANDARDS FOR RESIDENTIAL PROPERTIES
Duties of Owners
5.1
All exits within a dwelling shall be unobstructed and in a clean condition.
Cleanliness
5.2
A dwelling shall be kept free of rodents and insects and from conditions which
may encourage infestation by such rodents and insects.
5.3
Multi-unit dwellings shall have a garbage storage area which is washed and
disinfected as often as is necessary to maintain a clean condition with minimal
odours.
Occupancy Standards
5.4
No owner shall keep, occupy or permit the use of a non-habitable room as a
habitable room in a dwelling.
5.5
No owner shall keep, occupy or permit a sleeping quarters in a non-habitable
room, or in a habitable room that does not meet the requirements of the Building
Code Act and its regulations, as amended.
5.6
No owner shall keep, occupy or permit a sleeping quarters to be used for the
preparation of meals unless the dwelling unit is composed of only two rooms, one
of which is a non-habitable room.
5.7
No owner shall keep, occupy or permit the occupancy of a dwelling unit for
residency purposes by a number of persons exceeding the maximum number of
persons, which may reside in the dwelling unit. For the purposes of this
Subsection, the maximum number of persons permitted to reside in a dwelling
unit shall not exceed two persons per sleeping quarters in a dwelling unit or
suite as per the Building Code Act and its regulations, as amended.
5.8
No owner shall keep, occupy or permit the occupancy of any habitable room in
a dwelling unit unless the first room is at least 9.8 m2 in size and any additional
rooms are at least 7.0 m2 in size, and each room has a ceiling height that meets
the requirements of the Building Code Act and its regulations, as amended.
5.9
No owner shall keep, occupy or permit the occupancy of a basement or portion
thereof as a dwelling unit unless it meets the following requirements:
(a)
each habitable room shall comply with all requirements for ingress, egress,
light, ventilation and ceiling height set out in this By-law;
(b)
floors and walls are constructed so as to be impervious to leakage of
underground and surface run off water;
(c)
each habitable room shall be separated from the fuel fired central heating
equipment or other similarly hazardous equipment by a fire separation as
per the Building Code Act and regulations, as amended; and,
(d)
access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room.
Interior Doors, Walls and Ceilings
5.10 Interior doors, walls and ceilings shall conform to the following:
(a)
interior doors and door frames located in the dwelling including automatic
door closures and all necessary hardware shall be maintained in good
repair to ensure the proper operation and integrity of the door and the door
shall be a proper fit in its frame;
(b)
doors connecting dwelling units to the exterior or to an entrance or exit
system shared in common with other dwelling units shall have locking
devices and other necessary hardware installed and maintained in good
repair. Access doors, as above, shall afford the occupants of the dwelling
units with a reasonable degree of privacy and safety and prevent the entry
of drafts into the dwelling unit;
(c)
in the common area of multi-unit dwelling, missing, cracked and broken
glass in door panels, glass screens, and windows are to be replaced with
glass or similar materials that are of equivalent quality to the existing
materials;
(d)
every interior wall and ceiling in a dwelling shall be maintained so as to be
free of holes, cracks, damaged and deteriorated plaster or other materials
and finished to match the existing wall or ceiling;
(e)
repairs made to the interior walls and ceiling of a dwelling shall be
completed in a manner consistent with construction industry standards and
each repair is finished to match the existing wall or ceiling;
(f)
in multi-unit dwellings, interior glazed doors, windows and other
transparent surfaces in those parts of the building used by the tenants in
common are to be kept in a reasonably clean condition; and,
(g)
every interior wall, ceiling, staircase and landing, furnishing, fixture and
appliance in a dwelling shall be kept free from waste material.
Plumbing
5.11 All buildings or structures containing plumbing components including plumbing
drain pipes, water pipes, fixtures or connecting lines to the sewage system shall
conform to the following:
(a)
plumbing drain pipes, water pipes, fixtures and connecting lines shall
comply with the requirements of all applicable governmental regulations;
(b)
plumbing drain pipes, water pipes, fixtures and connecting lines shall be
free of defects, maintained in good working condition and in a clean and
sanitary condition; and,
(c)
plumbing drain pipes, water pipes, fixtures and connecting lines shall be
protected from freezing.
Electrical Supply and Lighting
5.12 The electrical wiring and all equipment and appliances located or used in a
building or on a property shall be maintained in good working order in
accordance with the Electrical Safety Code and all other relevant legislation.
5.13 At the discretion of the Officer, a building, structure, or electrical element on a
property may be subject to a general inspection by the Electrical Safety Authority,
and inspection fees shall be paid by the owner. Furthermore, at the discretion of
the Officer, a Certificate of Inspection from the Electrical Safety Authority shall be
provided to the Officer in order to confirm that works/repairs have been completed
per the electrical safety code and/or any other relevant legislation.
Windows and Wall Openings
5.14 Every habitable room within a dwelling unit shall contain a window(s) maintained
in good repair and shall adhere to the following standards:
(a)
have a total light transmitting area of not less than that required by the
Building Code Act and its regulations, as amended;
(b)
when designed to open, be easily opened and closed at all times and the
area of the portion which opens shall comply with the requirements of the
Building Code Act and its regulations; and,
(c)
provided with effective locking devices.
5.15 Where a dwelling unit is located above another dwelling unit in a multi-unit
dwelling, all windows in the upper unit shall be equipped with a safety device to
prevent the opening of any part of such window to a width in excess of 100 mm.
Such devices are subject to the requirements of the Building Code Act and its
regulations.
5.16 Within a multi-unit dwelling, all windows located above the first storey within
corridors, stairways and other common areas, and located less than 1 metre above
a floor or landing shall adhere to the following standards:
(a)
a protective guard must be installed and maintained that is at least 900 mm
in height, and that does not have any attachments or openings located
within 900 mm of the floor or guard that could facilitate climbing; and,
(b)
have no openings large enough to permit the passage of a spherical object
with a diameter of 100 mm or more.
Ventilation
5.17 Within a multi-unit dwelling, every laundry room, garbage room, corridor, boiler
room, storage garage and all parts of a building used by tenants in common,
shall be adequately ventilated by mechanical or natural means.
5.18 Every multi-unit dwelling shall have a ventilation system for providing adequate
ventilation in accordance with Subsection 5.17 of this By-law and is:
(a)
maintained in good repair and in good working order;
(b)
maintained in a safe condition; and,
(c)
regularly cleaned.
Heating
5.19 Every dwelling shall conform to the following:
(a)
every dwelling unit shall be provided with suitable heating facilities capable
of maintaining an indoor temperature of 22 degrees Celsius throughout the
dwelling unit;
(b)
the heating system shall be maintained in good working condition to safely
maintain heat in the dwelling unit to the required standards;
(c)
every dwelling unit shall be so constructed and protected as to prevent the
passage of smoke, fumes and gases from that part of the dwelling that is
not used, designed or intended to be used for human habitation into other
parts of the dwelling in conformance with the requirements of the Building
Code Act and its regulations;
(d)
where a heating system, or any auxiliary heating units, burn solid or liquid
fuel, a storage place or receptacle for such fuel shall be provided and
maintained in a safe condition and in a convenient location to be free from
fire, safety or accident hazards;
(e)
every chimney, smoke pipe and vent shall be installed and maintained in
good repair so as to prevent the escape of smoke or gases into the dwelling
and it shall be kept clear of obstructions, without open joints and broken or
loose masonry;
(f)
all piping for gas or oil fuel, and all electrical connections to a heating
system, shall be installed and maintained in accordance with the
requirements of all applicable governmental regulations; and,
(g)
Subsection 5.19 (a) shall not apply to cottages/seasonal recreational
buildings, as classified in the Ontario Building Code.
Means of Egress
5.20 Every dwelling shall conform to the following:
(a)
every dwelling shall have an exit located at or near grade; and,
(b)
all means of egress are provided with clean, clear, unobstructed paths of
exit travel, and are equipped with readily visible exit signs, where required
by the Ontario Building Code, for every exit and are maintained in good
repair.
VI
SUPPLEMENTARY STANDARDS FOR NON-RESIDENTIAL PROPERTIES
Duties of Owners
6.1
All non-residential properties shall be maintained:
(a)
in a clean, sanitary and safe condition, free from litter and waste material
including such litter and waste material as may be left by customers or
other members of the general public and shall provide containers for the
disposal of such litter or waste material;
(b)
free from objects or conditions which are fire, health, safety or accident
hazards; and,
(c)
free from rodents, vermin and injurious insects.
Plumbing
6.2
All non-residential properties shall conform to the following:
(a)
Plumbing appliances shall be provided and installed in accordance with
the requirements of the Building Code Act and its regulations, as amended,
and the regulations thereto, or its successor legislation;
(b)
all the plumbing appliances drain pipes, water pipes and every connecting
line to the sewage disposal system shall be:
(i)
maintained in good working order;
(ii)
free from leaks and defects;
(iii)
protected from freezing;
(iv)
in compliance with all applicable governmental regulations;
(v)
kept in a clean and sanitary condition;
(vi)
connected to a sewage disposal system; and,
(vii)
provided with an adequate supply of running water.
(c)
Every washroom contained therein is so located and enclosed as to be
easily accessible to, and provide privacy for the persons using such
facilities;
(d)
The paint on walls and ceilings in rooms in which plumbing fixtures
appliances are installed is renewed as often as is necessary to prevent
cracking or peeling and maintained in a clean and sanitary condition; and,
(e)
All required backflow prevention devices are installed, tested, maintained
and operated in accordance with government regulations.
Electrical Services and Lighting
6.3
All electrical service equipment and wiring in non-residential properties shall be
in accordance with the Electrical Safety Authority and shall conform to the
following:
(a)
The electrical connection to, and the wiring system therein, is installed and
maintained:
(i)
in good working order;
(ii)
free from fire, safety and accident hazards; and,
(iii)
in compliance with the requirements of all applicable governmental
regulations.
(b)
a level of illumination shall be provided which will adequately protect all
persons within the building from all health and accident hazards;
(c)
artificial lighting shall be provided and maintained in good working order at
all times in every:
(i)
stairway;
(ii)
hall;
(iii)
passageway;
(iv)
room in which plumbing fixtures are installed; and,
(v)
furnace room or boiler room.
(d)
all electrical fixtures, switches, receptacles and connections thereto shall
be maintained in a safe and working order in accordance with the
Electrical Safety Authority; and,
(e)
At the discretion of the Officer, a building and/or structure may be
subject to a general inspection by the Electrical Safety Authority and
inspection fees shall be paid by the owner. Furthermore, at the discretion
of the Officer, a Certificate of Inspection from the Electrical Safety
Authority shall be provided to the Officer in order to confirm that
works/repairs have been completed per the electrical safety code and/or
any other relevant legislation.
Ventilation
6.4
All mechanical ventilating equipment in a building or structure and the support
for such equipment shall be maintained in good repair and in a safe mechanical
condition.
Means of Egress
6.5
All means of egress for non-residential properties shall be:
(a)
maintained free from all obstructions or impediments; and,
(b)
provided with clean, clear, unobstructed and readily visible exit signs for
every exit.
6.6
The means of egress from the non-residential portion of a building shall not pass
through any part of any dwelling unit in the building.
VII
MAINTENANCE OF HERITAGE PROPERTIES AND HERITAGE ATTRIBUTES
7.1
In addition to the minimum standards for the maintenance and security of
property as set out in this By-law, the minimum standards listed in this Section
shall apply to the maintenance and security of all buildings and structures on a
heritage property.
7.2
The owner of a heritage property shall:
(a)
maintain, preserve and protect the heritage attributes so as to retain the
heritage character, and the visual and structural heritage integrity of said
heritage property; and,
(b)
maintain the heritage property, including those components of the
heritage property that hold up, support or protect the heritage attributes
in a manner that will ensure the on-going protection and preservation of the
existing heritage attributes.
Alterations of Heritage Attributes
7.3
Despite any other provisions of this By-law, in the case of buildings and
structures located on a Heritage Property, no person shall alter the heritage
property or permit the alteration of the heritage property if the alteration is likely
to affect the property's heritage attributes, unless the owner has o b t a i n e d
a building permit with Heritage Approval or other form of written consent from the
Corporation in accordance with the Ontario Heritage Act.
Repair and Replacement of Heritage Attributes
7.4
Despite any other provisions of this By-law, where a heritage attribute can be
repaired, the heritage attribute shall not be replaced. Said repair shall be
conducted, following approval by the Corporation:
(a)
in a manner that minimizes damage to the heritage attribute and is
consistent with recognized conservation standards, best practices and
processes for the conservation of built heritage resources;
(b)
in a manner that maintains the design, finishes, form, physical
appearance, colour, texture, grain and other distinctive features and
qualities of the heritage attribute; and,
(c)
using the same types of material as the original material being repaired
and in keeping with the design, finishes, form, physical appearance, colour,
texture, grain and other distinctive features and qualities of the original
material. Where the same types of material as the original material are
no longer available, alternative materials may be used, subject to review
and approval by the Corporation, so long as said materials replicate the
design, finishes, form, physical appearance, colour, texture, grain and other
distinctive features and qualities of the original material.
7.5
Despite any other provisions of this By-law, and subject to all provisions of the
Ontario Heritage Act and the Building Code Act, no heritage attribute shall be
replaced unless it can be demonstrated, to the satisfaction of the Planning
Manager, that the heritage attributes cannot be repaired. Said replacement shall
be conducted using the same types of material as the original material in a
manner that replicates the design, finishes, form, physical appearance, colour,
texture, grain and other distinctive features and qualities of the heritage attribute
being replaced to the satisfaction of the Planning Manager. Where the same
types of materials as the original material are no longer available, alternative or
substitute materials and finishes may be used, subject to review and approval by
the Corporation, so long as said materials replicate the design, finishes, form,
physical appearance, colour, texture, grain and other distinctive features and
qualities of the original material.
Unsafe
7.6
Where a building or structure on a heritage property has been deemed unsafe
by the Corporation and the necessary remedial measures to address the unsafe
condition of the building or structure are being undertaken, the owner shall
ensure that all necessary measures are taken to protect all heritage attributes
on the heritage property and prevent damage or further damage to said heritage
attributes.
7.7
If, in the opinion of the Officer, there is doubt as to the structural condition
and adequacy of a building or structure or parts thereof, the Officer may order
that such building or structure or parts thereof be examined by both a
Professional Engineer that is licensed to practice in Ontario and by a member
of the Canadian Association of Heritage Professionals. The professionals shall be
employed by the owner or authorized agent. The professionals shall complete
and submit written report(s) to the Officer, which shall include details of the
findings of such examination and drawings for any recommended remedial work.
All recommended remedial work shall be undertaken under a building permit to the
satisfaction of the Planning Manager.
Demolition
7.8
Despite any other provision of this By-law, no building or structure located on a
heritage property may be altered or cleared, including but not limited to removed,
demolished or relocated, except in accordance with the Ontario Heritage Act,
under the provisions of the Ontario Building Code, and to the satisfaction of the
Planning Manager.
7.9
Upon completion of demolitions and removals of any building or structure on a
heritage property in accordance with Subsection 7.8 of this By-law the affected
site shall be cleared and cleaned of debris, graded, left free from holes or
excavations, and provided and maintained with a suitable ground cover to the
satisfaction of the of the Planning Manager.
Conflict
7.10 Despite any other provisions in this By-law, if there is a conflict between a provision
of this By-law and any other provision in this By-law or other Corporation By-law,
the provision that establishes the highest standard for the protection of heritage
attributes shall prevail.
VIII
ADMINISTRATION AND ENFORCEMENT
Inspections
8.1
An Officer and any person acting under the Officer's instruction may enter and
inspect a property, pursuant to the Building Code Act, to determine:
(d)
whether the property conforms to the Standards prescribes in this By-law;
(e)
whether an Order made under this By-law has been complied with; and,
(f)
whether an Order made under Section 15.7 of the Building Code Act, as
amended, has been complied with.
8.2
Where the inspection is conducted by the Officer or any person acting under the
Officer's instructions, the person conducting the inspection may:
(a)
require the production for inspection of documents or things relevant to the
inspection;
(b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)
require information from any person concerning a matter related to the
inspection including their name, address, phone number and identification;
(d)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take test, samples or photographs
necessary for the purpose of the inspection; and,
(e)
order the owner of the property to take and supply at the owner's expense
such tests and samples as are specified.
Appeals Committee
8.3
The Committee is hereby established consisting of not less than three and not
more than five persons.
8.4
The Committee is hereby empowered to exercise the authority accorded such a
Committee pursuant to the Building Code Act, as amended.
8.5
The Council shall forthwith fill any vacancy that occurs in the membership of the
Committee.
8.6
The term of office for the members of the Committee shall be for four (4) years.
8.7
The members of the Committee shall be paid such compensation as the Council
may provide, from time to time.
8.8
The members shall elect a chair from among themselves, and when the chair is
absent through illness or otherwise, the Committee may appoint another member
as acting chair.
8.9
A majority of the members constitutes a quorum for transacting the Committee's
business.
8.10 The members shall provide for a secretary for the Committee.
8.11 The secretary shall keep on file the records of all official business of the
Committee, including records of all applications.
8.12 The Committee may adopt its own rules of procedure and any member may
administer oaths.
8.13 The Committee shall give notice or direct that notice be given of the hearing of an
appeal to such persons as the Committee considers advisable.
Order and Appeal to Committee
8.14 An Officer may make an Order pursuant to Sections 15.2 or 15.7 of the Building
Code Act.
8.15 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 date on which the Order was originally served and, when the requirements of
the Order are found to have been satisfied, the Clerk shall forthwith register in the
proper Land Registry Office a certificate that such requirements have been
satisfied, which shall operate as a discharge of the Order. The owner shall be
responsible for paying any applicable fees for said registrations pursuant to the
Corporation's User Fees and Charges By-law.
8.16 When the owner upon whom an Order pursuant to Section 15.2 of the Ontario
Building Code, has been served is not satisfied with the terms or conditions of the
Order, the owner may appeal to the Committee, by sending notice of appeal by
registered mail to the secretary of the Committee within fourteen (14) days after
service of the Order, and, in the event that no appeal is taken, the Order shall be
deemed to be confirmed.
8.17 The secretary of the Committee, upon receipt of the notice of appeal shall:
(a)
determine the date, place and time of the hearing of the appeal which shall
take place not less than seven (7) days from the date of receipt of the
aforesaid notice; and,
(b)
give notice in writing of the date, place and time of the hearing to:
(i)
the appellant;
(ii)
the Officer who issued the Order; and,
(iii)
any other as the Committee considers advisable.
8.18 The Committee shall:
(a)
hear the appeal at the date, place and time set out in the notice; and,
(b)
have all the powers and functions of the Officer who made the Order.
8.19 The Committee may adopt its own rules of procedure.
8.20 The Committee may:
(a)
confirm the Order;
(b)
modify or rescind the Order; or,
(c)
extend the time for complying with the Order provided that, in the opinion
of the Committee, the general intent and purpose of this By-law and of the
Official Plan of the Corporation are maintained.
8.21 The Committee shall give its decision in writing.
8.22 The secretary of the Committee shall notify the following individuals of the
decision by causing a copy to be served personally or by registered mail:
(a)
the appellant;
(b)
the Officer who issued the Order; and,
(c)
any other person who appeared at the hearing of the appeal.
The Officer/Certificates of Compliance
8.23 The Council shall, by By-law, appoint an Officer(s) responsible for the
administration and enforcement of this By-law.
8.24 Any Police Officer, Building, Housing, Plumbing, Electrical, Heating or Public
Health Inspector or Fire Prevention Officer of the Corporation or the Corporation
of the Regional Municipality of York or a Ministry of the Province of Ontario is
hereby authorized to act as an assistant to the Officer when required from time to
time.
8.25 Where a violation of any of the provisions of this By-law has been noted, the
Officer shall if so requested, issue to the owner a Certificate of Compliance if the
property is in compliance with the standards of this By-law following a subsequent
inspection.
8.26 The fee for a Certificate of Compliance issued at the request of the owner pursuant
to Subsection 8.25 of this By-law shall be set out in the Corporation's User Fees
and Charges By-law.
IX
GENERAL MATTERS
Interpretation
9.1
Where a provision of this By-law conflicts with a provision of any other By-law,
statute or regulation in force, the provision that establishes the higher standard to
protect the health, safety and welfare of the general public shall be applicable.
Short Title
9.2
This By-law may be cited as the Property Standards By-law.
Contravention
9.3
Every person who contravenes a provision of this By-law is guilty of an offence
and upon conviction is liable to a fine of not more than $50,000.00 for a first offence
and to a fine of not more than $100,000.00 for a subsequent offence, pursuant to
the provisions of the Building Code Act, as amended.
9.4
Notwithstanding Subsection 9.3 of this By-law, every corporation who contravenes
a provision of this By-law is guilty of an offence and upon conviction is liable to a
fine of not more than $500,000.00 for a first offence and $1,500,000.00 for a
subsequent offence pursuant to the provisions of the Building Code Act, as
amended.
Offence and Penalty
9.5
No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer in
exercise of a power or the performance of a duty under this By-law.
9.6
An owner who fails to comply with an Order that is final and binding under this By-
law is guilty of an offence under Section 36(1) of the Building Code Act and is liable
to a penalty or penalties as set out in Section 36 of that Act.
Severability
9.7
Each and every one of the provisions of this By-law is severable and if any
provisions of this By-law should, for any reason, be declared invalid by any court,
it is the intention and desire of this Council that each and every one of the
remaining provisions hereof shall remain in full force and effect.
Fees and Charges
9.8
Every person who has failed to comply with an Order in relation to standards
established in this By-law, issued under the Building Code Act, as amended, shall
pay the fees set out in the Corporation's User Fees and Charges By-law for each
inspection to determine if deficiencies or violations observed on an initial inspection
have been corrected.
9.9
Before carrying out the re-inspection of each property for which an owner will be
required to pay a fee under Subsection 9.8 of this By-law should the deficiency or
violation not be remedied by the time provided in the Order, the Corporation shall
give the owner of the property a written notice setting out the fees payable.
9.10 After the Notice under Subsection 9.9 of this By-law has been given by the
Corporation, no further notice is required from the Corporation for subsequent
inspections of the same property relating to the Order.
9.11 The Notice referred to in Subsection 9.9 of this By-law may be included as a
statement in the Order requiring an owner of property to conform with the
standards in this By-law or, it may be separately delivered by personal service to
the owner, or by prepaid registered or certified mail to the owner.
9.12 Where fees are payable by an owner under Subsection 9.8 of this By-law, the
Corporation shall have a lien for the amount of the fees on the property to which
the fee relates.
9.13 The certificate of the Corporation as to the total amount of the fees payable is
admissible as proof, in the absence of evidence to the contrary, of the total amount
of fees payable.
9.14 Before the certificate of the Corporation is issued, an interim certificate of the
Corporation shall be delivered by personal service, or sent by prepaid registered
or certified mail to the owner of the property that is subject to the lien and to all
mortgage holders or other encumbrancers shown by the records of the Land
Registry Office who have any interest on the property.
9.15 Pursuant to Subsection 441.1 of the Municipal Act, 2001, S.O. 2001, c. 25, the
Treasurer of the Corporation may add any part of a fine for a commission of a
provincial offence that is in default under Section 69 of the Provincial Offences Act,
R.S.O. 1990, c. P33 to the tax roll for any property in the local municipality of
which all of the owners are responsible.
Repeal
9.16 By-law #2006-23 is hereby repealed.
Force and Effect
9.17 That this By-law shall come into force and effect on the date it is passed.
ENACTED AND PASSED this 14th day of August, 2018
Virginia Hackson, Mayor
Fernando Lamanna, Clerk
The Corporation of the Town of East Gwillimbury
By-law 2024-002
Being a By-law to amend the Property Standards By-law
Whereas on the August 14th, 2018 Council of the Town of East Gwillimbury ("Council")
enacted By-law 2018-084 being the Property Standards By-law; and
Whereas Council deems it appropriate to amend the Property Standards By-law;
Now therefore the Municipal Council of the Corporation of the Town of East Gwillimbury
enacts as follows:
1. That Section 8.16 of the Property Standards By-law is revoked and the following
substituted:
8.16
When the owner upon whom an Order pursuant to Section 15.2 (1) of the
Ontario Building Code has been served is not satisfied with the terms or
conditions of the Order, the owner may appeal to the Committee by sending
a notice of appeal, accompanied by the applicable non-refundable appeal
fee set out in the Town's Fees and Charges By-law, by registered mail to
the secretary of the Committee within fourteen (14) days after service of the
Order and, in the event that no appeal is taken, the Order shall be deemed
to be confirmed.
2. That the following Sections be added of the Property Standards By-law:
3.1 (d) where a building, fence or any other part of a property has been
demolished, the site shall be cleared of debris within the 30 day period
after the date on which the demolition work was completed, in the sole
opinion of a Property Standards Officer.
3. That this By-law shall come into force and effect on the date of its passing and
enactment.
Enacted and passed this 16th day of January, 2024.
Brian Johns, Acting Mayor
Tara Lajevardi, Municipal Clerk