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Township of East Hawkesbury
Property Standards By-law
Tunnock Consulting Ltd.
137 Shallot Cres.,
North Bay, Ontario, NA 3V7
Tel. 705 472-7110
Fax. 705 472-0067
E-mail: [email protected]
File P-1210
October 14, 2003
THE CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW NO. 2003 - 58
Being a by-law to provide standards for
the Maintenance and Occupancy of Property
in the Township of East Hawkesbury
WHEREAS Section 15.1 (3) of the Building Code Act and amendments thereto, provides
that a Council may pass By-laws for:
(1)
Prescribing standards for the maintenance and occupancy of property within
the municipality or within any defined area or areas and for prohibiting the
occupancy or use of such property that does not conform to the standards;
(2)
Requiring property that does not conform to 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 leveled
condition.
AND WHEREAS Section 5.3.10 of the Official Plan for the United Counties of Prescott
and Russell includes provisions relating to property conditions, and such Official Plan
applies to the Township of East Hawkesbury;
NOW THEREFORE the municipal council of the Corporation of the Township of
East Hawkesbury hereby enacts as follows.
Property Standards By-law No. 2003-58
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October 14, 2003
Township of East Hawkesbury
PROPERTY STANDARDS BY-LAW
SECTION 1 - General .................................................................................................... 2
SECTION 2 - Definitions ............................................................................................... 2
SECTION 3 - Maintenance of Accessory Buildings and Yards ................................ 8
3.1 Accessory Building, Fences and other Structures ........................... 8
3.2 Drainage .......................................................................................... 8
3.3 Garbage Disposal ............................................................................ 9
3.4 Safe Passage for Parking Areas, Walks and Driveways ............... 10
3.5 Sewage ......................................................................................... 10
3.6 Yards and Vegetation .................................................................... 10
SECTION 4 - Maintenance of Buildings and Structures .......................................... 11
4.1 Structurally Sound ......................................................................... 11
4.2 Pest Prevention ............................................................................... 11
4.3 Foundations ................................................................................... 12
4.4 Basement and Cellar Floors .......................................................... 12
4.5 Dampness ...................................................................................... 12
4.6 Insulation ........................................................................................ 13
4.7 Exterior Walls ................................................................................ 13
4.8 Roof ................................................................................................ 13
4.9 Doors and Windows ....................................................................... 14
4.10 Stairs, Porches and Handrails ........................................................ 14
4.11 Walls and Ceilings ......................................................................... 15
4.12 Floors ............................................................................................ 15
4.13 Egress ........................................................................................... 16
4.14 Air Conditioners ............................................................................. 16
4.15 Elevating Devices .......................................................................... 16
4.16 Natural Light .................................................................................. 17
SECTION 5 - Standards for Use and Occupancy of Buildings .............................. 17
5.1 Cleanliness .................................................................................... 17
5.2 Water ............................................................................................. 17
5.3 Plumbing ....................................................................................... 17
5.4 Toilet and Bathroom Facilities ....................................................... 18
i
Township of East Hawkesbury
PROPERTY STANDARDS BY-LAW
5.5
Kitchens ....................................................................................... 19
5.6
Garbage, Refuse Storage Rooms and Chutes .............................. 19
5.7
Heating System ............................................................................ 19
5.8
Electrical Services ........................................................................ 21
5.9
Lighting ......................................................................................... 22
5.10 Ventilation .................................................................................... 22
5.11 Fire Safety ..................................................................................... 22
5.12 Fire Damage and Demolition ........................................................ 23
SECTION 6 - Occupancy Standards for Dwelling .................................................... 24
SECTION 7 - Vacant Lands and Buildings ............................................................... 24
7.1
Vacant Lands ................................................................................ 24
7.2
Vacant Buildings ........................................................................... 25
SECTION 8 - Administration ...................................................................................... 25
8.1
Application of By-law ..................................................................... 25
8.2
Property Standards Officer and Property Standards Committee ... 25
8.3
Inspection ...................................................................................... 26
8.4
Order of Non-Conformity ............................................................... 28
8.5
Contents and Procedures for an Order of Non-Conformity ........... 28
8.6
Appeal of an Order ......................................................................... 29
SECTION 9 - Authority
ii
SECTION 1- GENERAL
1.1
Short Title
This By-law may be cited as the "Property Standards By-law".
SECTION 2 - DEFINITIONS
2.A
Accessory Building
Shall mean a building naturally or normally incidental, subordinate and
exclusively devoted to a main use, building or structure and located on the same
lot therewith.
2.B
Balustrade
Shall mean a protective barrier that acts as a guard around openings in floors or
at the open sides of stairs, landings, balconies, mezzanines, galleries, raised
walkways, or other locations to prevent accidental falls from one level to
another; such barrier may or may not have openings through it.
Basement
Shall mean that portion of a building between two floor levels which is partly
underground but which has at least one-half of its height from finished floor to
finished ceiling above the average level of ground adjacent to the exterior walls
of the building.
Bathroom
Shall mean a room containing at least a washbasin and toilet and bathtub or
shower, or two rooms which contain in total at least one washbasin and one
toilet and one bathtub or shower.
Boarding or Lodging House
Shall mean a building in which the owner or lessee provides not more than four
(4) guest rooms for accommodation, with or without meals, for monetary gain.
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Building
Shall mean any structure used or intended for sheltering any use or occupancy.
The word "building" shall include the whole of such structure or part thereof
and shall include any building types as regulated by the Ontario Building
Code.
2 . C
Cellar
Shall mean that portion of a building between two floor levels which is partly
or wholly underground but which has more than one-half of its height from
finished floor to finished ceiling below the average level of ground adjacent to
the exterior walls of the building.
Commercial Property
Shall mean a property used for the sale of goods and/or services for the purposes
of this By-law shall include office buildings, public halls, licensed premises and
private clubs, and any building that is used in conjunction with these.
Committee
Shall mean the Property Standards Committee as established under this By-law.
Corporation
Shall mean the Corporation of the Township of East Hawkesbury.
2.D
Dwelling
Shall mean a building occupied or capable of being occupied as the home or
residence of one or more persons, which shall not include a boarding house,
hotel, motel or similar commercial use of a private or semi-private institution.
Dwelling Unit
Shall mean one room or a group of rooms in one (1) building, used for
residential occupancy, housing food preparation and sanitary facilities and a
private entrance from the outside of the building or from a common hallway or
stairway inside the building.
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2.F
Fire Resistance Rating
Shall mean the time in hours that a material construction or assembly will
withstand the passage of flame and transmission of heat when exposed to
fire under specified conditions of test and performance criteria as stated in
the Ontario Building Code.
2.G
Graffiti
Shall mean one or more letters, symbols or marks, howsoever made, that
disfigure or deface a property or object, but does not include an authorized
sign.
2.H
Habitable Room
Shall mean a room commonly used for living purposes, including a bedroom
and a kitchen but not including any space in a dwelling used as a lobby,
hallway, closed, or bathroom or any room having floor space of less than 4.6
m2 [49.5 ft.2].
2.I
Industrial Property
Shall mean a property used for the manufacturing and/or processing of
goods or used for the storage of goods or raw materials and any property
that is used in conjunction with these uses.
2.M
Maintenance
Shall mean the preservation and keeping in repair of a property.
Means of Egress
Shall mean a continuous path of travel provided by a doorway, hallway, corridor,
exterior passageway, balcony, lobby, stair, ramp, window, or other egress
facility for the escape of persons from any point within a building, floor area,
room or
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October 14, 2003
contained open space to a public thoroughfare or approved open space and
includes exits or access to exists.
Multiple Dwelling
Shall mean a building containing two or more dwelling units, other than a
semidetached dwelling.
Multiple Use Building
Shall mean a building containing both a dwelling unit and a non-residential
use.
2.N
Non-Habitable Space
Shall mean any space in a dwelling or dwelling unit other than a habitable
room, and includes any bathroom, toilet room, laundry, pantry, lobby,
communicating corridor, stairway, closet, boiler room or other space for
service and maintenance or common use, and for access to and vertical
travel between storeys; and any unfinished basement.
2.O
Occupant
Shall mean any person or persons over the age of eighteen years in
possession of the property.
Occupancy
Shall mean the use or intended use of a building or part thereof for the shelter
or support of persons, animals or property.
Officer
Shall mean a property standards officer as may from time to time by Council
be assigned the responsibility of administering and enforcing this By-law.
Owner
Shall mean the person for the time being paying the municipal taxes or
managing or receiving the rent of the land or premises in connection with
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October 14, 2003
which the word is used whether on his own account or as agent or trustee
of any other person or who would so receive the rent if such land and
premises were let, and shall also include a lessee or occupant of the
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 the property.
2.P
Property
Shall mean 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 property.
Public Building
Shall mean a building which is staffed by government personnel for the
purpose of servicing the public.
2.R
Repair
Shall mean the provision of such facilities and the making of additions
or alterations or the taking of such actions as may be required so that
the property shall conform to the standards established in this By-law.
All repairs shall be made in conformity to the Ontario Building Code, the
Ontario Water Resources Act, the Electrical Safety Code, the Fire Code
the Environmental Protection Act, the Elevating Devices Act and similar
legislation.
Residential Property
Shall mean any property that is used or designed for use as a domestic
establishment in which one or more persons usually sleep and prepare
and serve meals, and includes any land or buildings that are
appurtenant to such an establishment.
Roomer or Lodger
Shall mean a person harbored, received or lodged, in a lodging house
or boarding house in return for compensation.
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2.S
Sewage
Shall mean any liquid waste containing animal, vegetable or mineral matter in
suspension or solution, but does not include roof water or other storm runoff.
Sewage System
Shall mean the Township's sanitary sewerage disposal system approved by
the Medical Officer's of Health and/or the Ministry of the Environment or an
individual on-site sewage system approved under the Building Code Act or the
Environmental Protection Act.
Standards
Shall mean the standards of physical conditions and occupancy set out in this
Bylaw.
2.T
Toilet Room
Shall mean a room containing a water closet and washbasin.
2.W
Wall
Shall mean the solid vertical structure forming any one of the sides of a
building and/or a partition forming the side of a room.
2.Y
Yard
Shall mean an open, uncovered space appurtenant to any property or any
part of a building or structure and used or intended to be used or capable of
being used in connection with said property.
Property Standards By-law No. 2003-58
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SECTION 3 - MAINTENANCE OF ACCESSORY BUILDINGS AND YARDS
3.1
Accessory Buildings, Fences and Other Structures
3.1.1 Accessory buildings, fences and other structures, including retaining walls
appurtenant to the property shall be maintained in a structurally sound
condition and in good repair and free from health, fire and accident
hazards.
3.1.2 Accessory buildings, fences and other structures shall be protected
from deterioration by the application and maintenance of weather
resistant materials (i.e., paint or other suitable preservative) or through
the use of maintenance free construction materials.
3.1.3 Despite Section 3.1.2, preservatives may be exempted where the
aesthetic characteristics of the building are specifically designed to be
enhanced by the lack of such materials and the standards in Section 3.1.1
are upheld.
3.1.4 Fences, approved enclosures and retaining walls around or on a property
shall be kept free from posters, signs, notices, advertising materials or
defacement or disfigurement. Fences and gates around swimming pools
shall also be maintained in accordance with By-law 19-89. The height and
materials used in the construction or installation of fences shall be in
accordance with By-law 93-18.
3.1.5 Accessory buildings, fences or structures shall be repaired or removed or
demolished in part or in whole where the offending part of the building is
not in accordance with the prescribed standards.
3.2
Drainage
3.2.1 No person shall maintain or change the grade, swales, open ditches or
other drainage features on a property so as to cause recurrent or
excessive ponding or the entrance of water into a basement or cellar.
3.2.2 All stormwater facilities on a property or serving a property shall be
maintained in working order and free of blockages that might impede
drainage.
3.2.3 No natural soil, topsoil, road gravel, salt or other fill material shall be
permitted to erode by the action of wind or stormwater runoff if such
material is being carried onto adjacent property or into a lake, stream,
ditch or water course.
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3.2.4 No roof drainage or sump pump shall be discharged on sidewalks, stairs or
the premises or neighboring property.
3.3
Garbage Disposal
3.3.1 Garbage, rubbish and other debris from a property shall be promptly stored
in receptables and made available for removal.
3.3.2 Every garbage and refuse receptacle shall be constructed of watertight
material, provided with a tight-fitting cover and shall be maintained in a
clean and odor free condition at all times. Where an exterior bulk or roll-off
container refuse system is used, it shall be equipped with covers or similar
devises which shall be readily openable, but not left open when actively
being loaded or emptied, shall be large enough for the containment of all
refuse generated between collections by the occupants served and shall
not be loaded beyond the top of the container. Despite this provision, the
temporary storage of waste materials from the demolition, repair or
alteration of a building or part thereof may be placed on the property or in a
designated dumpster, provided it is removed frequently and in its entirety
from the property and provided it does not cause a risk to public health or
safety.
3.3.3 Where private containerized garbage pickup is provided, such containers
shall be placed behind the building line and kept in a neat and tidy
condition.
3.3.4 Garbage of an inflammable, toxic or hazardous nature shall be stored
safely or removed immediately from the property unless otherwise
authorized under a valid Certificate of Approval issued by the Ministry of
the Environment.
3.3.5 Every residential property shall be maintained in a clean, sanitary and safe
condition and shall dispose of garbage and debris on a regular basis.
3.3.6 The occupant of a residential property may provide for a compost pile,
provided that the compost pile is no larger than 1 m2 [10.76 ft.2] in area and
no higher than 1.8 m [5.9 ft.] in height and is enclosed on all sides by
concrete block or lumber or other suitable materials or stored within a
commercially manufactured plastic container designed for composting,
either of which is maintained in a condition to prevent undue odours or
vermin.
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3.4
Safe Passage for Parking Areas, Walks and Driveways
3.4.1 Steps, walks, walkways and driveways shall be maintained so as to
afford safe passage under normal use and weather conditions be it in
any season or during the day or night
3.4.2 All areas used for vehicular traffic and parking shall have a surface of asphalt,
concrete, interlocking stone or compacted stone or gravel and shall be kept in
a safe condition for vehicular or pedestrian traffic.
3.5
Sewage
3.5.1 Sewage or organic waste shall only be discharged into a sewage system
approved under the Building Code Act or the Environmental Protection Act.
3.5.2 Sewage of any kind shall not be discharged onto the surface of the ground,
whether into a natural or artificial surface drainage system or otherwise.
3.5.3 All septic tanks shall be maintained in proper working order and shall be
pumped out on a regular basis in accordance with the occupancy of the
building or dwelling.
3.6
Yards and Vegetation
3.6.1 All yards, including vacant lots, shall be kept clean and free from:
1.
Garbage, rubble, litter, waste, construction materials or other debris
that constitutes an unsafe condition or public health concern.
2.
Noxious plants as defined in the Weed Control Act such as
ragweed, poison ivy, poison oak, poison sumac or similar noxious
vegetation.
3.
Heavy growth or undergrowth and excessive growth of grass or
weeds. Within the Villages of Chute-d-Blondeau, St-Eugene or Ste-
Anne de Prescott, grass on lawns or boulevards or landscaped areas
on any lot including a vacant lot shall be maintained in a trimmed,
mowed or cut condition with a height not to exceed of 20.2 cm [8
inches] and shall be kept free of weeds and noxious plants. Hedges
and bushes shall be kept trimmed to a suitable height and shall not be
overgrown or unsightly. A yard which is cultivated to permit natural
uncut grasses (i.e., vetch) and alternative gardening or landscaping
methods may be permitted at the discretion of the Chief Property
Standards Officer.
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4.
Dead, decaying or damaged trees or other natural growth which
create an unsafe condition, fire hazard or public health concern.
5.
Holes, pits or trenches, ditches which create an unsafe condition.
Holes and excavations which are necessary for or part of a use
lawfully situated on private property shall be kept in a safe condition
and where necessary for safety reasons, shall be barricaded or
fenced.
6.
Any vehicle, including a trailer, boat, snowmobile, recreational
vehicle, machinery or part thereof or junk which is in a wrecked,
discarded, dismantled, inoperative or abandoned condition, except:
A.
in an establishment licensed or authorized to conduct and
operate such a repair or restoration or resale business;
B.
for an occupant of any premises who is repairing or restoring
a vehicle or equipment for personal use provided such
repair or restoration is actively carried on;
C.
for a farmer who is actively trying to sell or dispose of farm
vehicles or equipment; or
D.
for historic vehicles or other vehicles or equipment which
are stored inside an enclosed building and are being
repaired, restored or conserved for personal use.
7.
Dilapidated, collapsed or partially constructed structures where not
covered by a currently valid building or demolition permit.
3.6.2
Section 3.6.1.3 shall not apply to any property in the Agricultural (A) Zone,
Open Space (OS) Zone or Environmental Protection (EP) Zone as
provided for in By-law 92-50, the Zoning By-law, unless the property is
used exclusively for residential purposes.
SECTION 4 - MAINTENANCE OF BUILDINGS AND STRUCTURES
4.1 Structurally Sound
4.4.1
Every part of a building or structure shall be maintained in a structurally
sound condition so as to be capable of sustaining safely its own weight
load and any load to which it may be subject i.e., snow load.
4.4.2
Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
4.2 Pest Prevention
4.2.1
All property shall be kept free of rodents, vermin, and insects at all times and
methods used for exterminating rodents, vermin, or insects shall be
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October 14, 2003
In accordance with the provisions of the Pesticides Act, as amended
from time to time and all regulations passed pursuant thereto.
4.2.2
Basement and cellar windows or ventilators used or required for
ventilation, and any other openings in a basement or cellar including
a floor drain, that might permit the entry of rodents, insects or
vermin, shall be screened with wire mesh, metal grill or other durable
material to prevent entry.
4.3
Foundations
The foundations and foundation walls of every building or structure or part
thereof shall be structurally sound and maintained to adequately support the
loads imposed and to provide a dry basement or crawl space. Foundations
shall be maintained free of leaks and defective mortar joints or masonry and
jacking, underpinning or shoring shall be provided where necessary for
structural support. Foundation walls and exposed beams, joists or other wood
members shall be waterproofed and dampproofed to prevent the entry of
moisture or water into the basement cellar or crawl space. Floor drains,
building drains and foundation or subsoil drains shall be maintained in proper
working order.
All buildings, except for slab-on-grade construction, shall be supported by
foundation walls or piers which extend below the frost line or to solid rock or
which are designed and constructed in accordance with the Building Code Act.
4.4
Basement and Cellar Floors
4.4.1 Every basement and cellar shall have a floor of concrete, masonry or
other impervious material and where a floor drain is necessary it shall
be located at the lowest part of the said floor and connected to the
storm sewer system, if possible.
4.4.2
Basements, cellars or crawl spaces which are not served by a stairway
leading from the building or from outside the building may have a dirt
floor provided it is covered with a moisture proof covering.
4.5
Dampness
The interior floors, ceilings and walls shall be kept free from dampness arising
from the entrance of moisture through an exterior wall or a roof, or through a
cellar, basement or crawl space floor.
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4.6
Insulation
The insulation requirements of the Ontario Building Code as amended
from time to time, shall be complied with where necessary and
practical.
4.7
Exterior Walls
4.7.1 The exterior walls, and other components of a building, including soffits, and
fascia shall be kept in good repair and free from loose, cracked, rotted,
warped and broken materials or loose masonry units, stucco and other
defective cladding or trim. Any defective materials shall be removed, repaired
or replaced.
4.7.2
All exterior surfaces shall be of materials which provide adequate protection
from the weather and shall be maintained with paint or other suitable
preservative or coating to prevent deterioration due to weather conditions,
insects or other damage.
4.7.3 The exterior walls and their components shall be adequate to support the
loads upon them and shall have an acceptable cladding or covering, free of
holes, cracks or excessively worn surfaces, to prevent the entry of moisture
into the structure and provide reasonable durability and shall be so
maintained by the painting, restoring or repairing of the walls, coping or
flashing and by the waterproofing of joints and of the walls themselves.
4.7.4 Exterior walls and their components shall be maintained free of inappropriate
signs, painted slogans, graffiti and similar defacements.
4.8
Roof
4.8.1 All roof construction components shall provide adequate support for all
probable loads, and form a suitable base for the roof covering. The roof
including shingles or other roof covering, the fascia board, soffit, cornice and
flashing shall be maintained in a watertight condition so as to prevent
leakage of water into the building, and where necessary shall be maintained
by the repair of the roof and flashing, or by applying waterproof coatings or
coverings.
4.8.2
Accumulations of excessive or dangerous ice or snow or both shall be
promptly removed from the roofs of any building or structure.
4.8.3
Where eaves troughing and roof gutters are provided, they shall be kept in
good repair and working order, free from obstructions and shall be
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October 14, 2003
properly secured to the building.
4.8.4 Transmitting and receiving devices, chimneys, waste pipes, vents, rooftop
air conditioning and heating equipment or structures, solar heating
equipment and other roof structures shall be maintained in a safe and
operable condition.
4.9
Doors, Windows and Security Systems
4.9.1
All exterior openings shall be fitted with doors and windows.
4.9.2
Windows, exterior doors, skylights, basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonably draft-free, so as to
prevent heat loss and the infiltration of wind or rain or other elements.
4.9.3
Rotted or damaged doors, door frames, window frames, sashes and
casings, or weatherstripping, broken glass and missing or defective
door and window hardware shall be repaired or replaced.
4.9.4
All windows intended to be opened and all exterior doors shall have
suitable hardware so as to allow locking or otherwise securing from
inside the building. Every window in a leased dwelling that is located
above the first storey of a multiple dwelling shall be equipped with an
approved safety devise that would prevent any part of the window from
opening greater that would permit the passage of a 100 mm diameter
[3.9 inches] sphere and such safety device shall not prevent the
window from being fully opened during an emergency situation by an
adult without the use of tools.
4.9.5
All shutters on windows shall be maintained in good repair, including
painting, replacing or other suitable means to prevent deterioration due
to weather and insects.
4.9.6
Solid core doors shall be provided for all entrances for reasons of
security, fire separation, noise barriers and heat loss.
4.9.7
In buildings where there is a voice communication system, a security or
alarm system or fire alarm system, all systems shall be maintained in
good working order at all times.
4.10 Stairs, Porches, Balconies, Handrails, Balustrades and Decks
4.10.1
Every inside and outside stair, and every porch, balcony or landing
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October 14, 2003
appurtenant to it, shall be maintained so as to be free of holes, cracks and
other defects which constitute accident hazards, and all treads or risers that
are broken, warped or loose, or show excessive wear and all supporting
structural members that are rotted or deteriorated, shall be repaired or
replaced.
4.10.2
Every stairwell or open stairway with five or more risers leading to a
higher storey or to a basement, and every balcony or landing shall be
equipped with handrails or balustrades, maintained in good repair so
as to provide adequate protection against accident or injury.
4.10.3
A balustrade shall be installed and maintained in good repair on the
open side of any stairway or ramp containing three (3) or more risers
including the landing or a height of 600 mm [24 inches]. The latter
shall apply to an exterior deck.
4.10.4
A handrail shall be installed and maintained in good repair in all
stairwells. Guardrails shall be installed and maintained in good repair
around all landings, porches and balconies. Guardrails, balustrades
and handrails shall be constructed and maintained rigid in nature.
4.11
Walls and Ceilings
4.11.1 Every wall and ceiling finish shall be maintained so as to be free of
holes, cracks, loose coverings or other defects and which would permit
flame or excessive heat to enter a concealed space. Walls surrounding
showers and bathtubs shall be impervious to water.
4.11.2
Where dwelling units are separated vertically, the dividing walls from
the top of the footings to the underside of the roof deck, and any
space between the top of the wall and the roof deck shall be tightly
sealed by caulking, mineral wool or similar non-combustible material,
and such walls shall conform to the fire resistance ratings contained in
the Ontario Building Code.
4.12
Floors
4.12.1
Every floor shall be smooth and level and be maintained so as to be
free of all loose, warped, protruding, broken or rotted boards or other
floor covering that might cause an accident and all defective floor
boards shall be repaired or replaced.
4.12.2
Where floor boards have been covered with linoleum or some other
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October 14, 2003
covering that has become worn or torn so that it retains dirt or might
cause an accident, the linoleum or other covering shall be repaired,
replaced or removed.
4.12.3
Every floor in a bathroom, toilet room, kitchen, shower room,
laundry room shall be maintained so as to be impervious to water
and which can be readily cleaned.
4.13
Egress
4.13.1
Every residential building shall have a safe, continuous and unobstructed
passage from the interior of the dwelling to the outside at a street, outer
court or at grade level. In the case of a one family dwelling, there shall be
at least two exits suitably remote from each other, from the first storey.
4.13.2
Every dwelling which contains dwelling units located other than
on the ground floor shall be provided with a second means of
egress.
4.13.3
In the case of a multiple dwelling, wherever there are not two
means of egress from each apartment, suitably remote from each
other, there shall be ready access to at least two means of egress
leading to separate and independent exits.
4.13.4
A required exit shall not pass through an attached garage, or built-in
garage or an enclosed part of another dwelling unit.
4.13.5
All Commercial, Institutional and Industrial buildings shall be
provided with exists of size and number so as to be in compliance
with the requirements of the Ontario Building Code, as amended
from time to time for the appropriate group and division.
4.14
Air Conditioners
All air conditioners shall be maintained in a safe mechanical and electrical
condition and shall not adversely affect areas beyond the limits of the property
by reason of noise or condensation drainage.
4.15
Elevating Devices
Elevators and other elevating devices including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons, floor indicators,
ventilation fans and emergency communication systems shall be
operational and maintained in good condition and inspected as required by
the Elevating Devices Act.
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4.16
Natural Light
Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights or translucent panels facing directly to an outside
space which is at least 15 cm [6 inches] above the adjoining finished grade and
provides unobstructed light transmitting area which is not less than ten (10)
percent of the floor area for the living and dining rooms and five (5) percent for
bedrooms or other finished rooms. The glass area of a sash door may be
considered as a portion of the required window area.
SECTION 5 - STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS
5.1
Cleanliness
Every floor, wall, ceiling and fixture in any building shall be maintained in a clean
and sanitary condition, and the building shall be kept free from rubbish, debris or
conditions which constitute a fire, accident or health hazard.
5.2
Water
5.2.1
Every dwelling, dwelling unit, commercial, institutional or industrial
building shall be provided with an adequate supply of potable water from
a source approved by the Medical Officer of Health.
5.2.2
Every sink, washbasin, bathtub, or shower required by this by-law shall
have an adequate supply of hot and cold running water.
5.2.3
Adequate running water shall be supplied to every water closet.
5.2.4
Where a water supply system is provided to a building intended or used
on a year-round basis, such system shall be maintained so as to prevent
it from freezing.
5.3 Plumbing
5.3.1
Sewage shall be discharged into a sewage system approved under the
Building Code Act or the Environmental Protection Act, whichever is
applicable.
5.3.2
All plumbing, drain pipes and plumbing fixtures in every building and every
connecting line to the sewage system shall be maintained and in good
working order and be protected from freezing.
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5.3.3
The plumbing system shall provide a satisfactory potable hot and cold-
water supply and an appropriate drainage or waste pipe system including
venting.
5.3.4
Every water heater shall have sufficient capacity to provide an adequate
supply of hot water at all times in all parts of every building, dwelling unit,
or shared facility.
5.3.5
All plumbing fixtures shall be connected to the sewage system through
water seal traps.
5.3.6
Every fixture shall be of such material, construction and design as will
ensure that the exposed surface of all parts is hard, smooth, impervious to
hot and cold water, readily accessible for cleaning and free from
blemishes, cracks, stains or other defects that may harbour germs or
impede thorough cleansing.
5.3.7
All wells and well casings shall be maintained in accordance with Ontario
Regulation 903, as amended, and any casings which are cracked, shall be
repaired.
5.4
Toilet and Bathroom Facilities
5.4.1
Every dwelling unit except as provided in subsection 5.4.2 hereof, shall
contain fully operational plumbing fixtures consisting of at least:
1.
One water closet, and
2.
One kitchen sink, and
3.
One washbasin, and
4.
One bathtub or shower
5.4.2
The occupants of not more than two dwelling units may share a water
closet, washbasin and bathtub or shower, provided:
1.
Not more than a total of eight persons occupies both dwelling units,
2.
Access to the fixtures can be gained without going through rooms of
another dwelling unit or outside the dwelling.
5.4.3
In a rooming house there shall be a water closet, washbasin and bathtub
or shower for not more than eight persons and these facilities shall be
located on the same storey as, or on the next storey up or down from the
storey on which the room or dwelling unit is located.
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5.4.4
Every Commercial, Institutional and Industrial building shall contain
plumbing fixtures in accordance with the appropriate Provincial
legislation.
5.4.5
All bathrooms and toilet rooms shall be located within and be accessible
from within the building which it serves.
5.4.6
All bathrooms and toilet rooms shall be fully enclosed and have a door
capable of being locked so as to provide privacy for the occupant.
5.4.7
Where practical a washbasin shall be located in the same room as the
water closet.
5.4.8
No facilities for the preparation, cooking, storage or consumption of food
or for sleeping shall be within a room that contains a toilet.
5.5
Kitchens
5.5.1
Every kitchen area shall be equipped with a sink served with hot and cold
running water, storage facilities and counter top work area and space
shall be provided for a stove and a refrigerator.
5.5.2
The splash back and counter top around the kitchen sink shall have an
impervious surface.
5.5.3
Every kitchen shall have provided an adequate and approved gas or
electrical supply for cooking purposes and there shall be at least 76 cm
[30 inches] clear space above any exposed cooking surface.
5.6
Garbage, Refuse Storage Rooms and Chutes
Where garbage, refuse storage rooms and chutes are provided they shall
be in conformity with the Ontario Building Code as amended from time to
time, and maintained in a clean and sanitary condition.
5.7
Heating System
5.7.1
Every dwelling and/or dwelling unit shall be provided with a heating
system capable of maintaining a room temperature of 21° C [70° F] at -
20.5° C [-5° F] outside, at 1.5 m [4.92 ft.] above floor level and 0.9 m
[2.95 ft.] from the exterior walls in all habitable rooms, bathroom and toilet
rooms and not less than 16° C [61° F] in an unfinished basement or
cellar. Crawl spaces need not be heated.
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5.7.2
The heating system required by Section 5.7.1 shall be maintained in good
working condition so as to be capable of heating the dwelling safely to the
required standard.
5.7.3
No heating appliance or device shall be located closer than 60 cm [24
inches] to any combustible material unless protected, nor placed so as to
impede the free movement of persons within the room where it is located.
5.7.4
A space that contains a heating unit shall have natural or mechanical means
of supplying air in such quantities to provide adequate combustion.
5.7.5
Where a heating system, or part of it, or any auxiliary heating system, burns
solid or liquid fuel, a space or receptacle for the storage of the fuel shall be
provided and maintained in a convenient location and properly constructed
so as to be free from fire or accident hazards.
5.7.6
Fuel-burning equipment shall be vented to a duct by means of rigid
connections leading to a chimney or a vent or flue.
5 .7.7
Every chimney, smoke pipe and flue shall be maintained so as to prevent
gas from leaking into the dwelling.
5.7.8
All flues shall be kept clear of obstruction; all open joints shall be sealed
and all broken and loose masonry shall be repaired.
5.7.9
Fireplaces and similar construction used or intended to be used for burning
fuels in open fires shall be connected to approved chimneys and shall be
installed so as not to create a fire hazard to nearby or adjacent combustible
materials and structural members.
5.7.10
In multiple dwellings provided with a central heating system, the heating unit
shall be located in a separate room having walls, ceilings and doors all of
which shall have the appropriate fire resistance rating as required by the
Ontario Building Code.
5.7.11
In all commercial, institutional or industrial buildings provided with a central
heating system, the heating unit shall be located in a separate room, having
walls, ceilings and doors, all of which have the appropriate fire resistance
rating as required by the Ontario Building Code.
5.7.12
Where an outdoor furnace or wood burning appliance is utilized as the
source of heat, the separation distance from any dwelling shall not be less
than 15 m [50 ft.] nor less than 3 m [10 ft.] from any accessory building.
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October 14, 2003
and the setback from any property line shall not be less than 7.5 m [25 ft.].
Such appliance shall be installed and operated in accordance with the
manufacturer's operating instructions and such appliance shall be
maintained in a good working and safe condition.
5.8
Electrical Service
5.8.1
Electrical installations, including the service capacity of the installation and
the number and distribution of circuits, shall conform to the Ontario
Electrical Safety Code.
5.8.2
Every habitable room, except for a kitchen, shall contain at least one
electrical duplex convenience outlet. There shall be an additional duplex
convenience outlet for each 9.4 m2 [101.2 ft.2] of floor area in excess of
11.2 m2 [120.5 ft.2].
5.8.3
Every kitchen shall have at least two electrical duplex convenience outlets,
which shall be on separate circuits. One such outlet shall be provided over
the counter top work surface and one shall be provided at the refrigerator
space. In addition, an outlet shall be provided in a dining area forming part
of a kitchen.
5.8.4
Fuses or overload devices shall not exceed limits set by the Hydro Electric
Power Commission of Ontario.
5.8.5
A permanent electrical light fixture shall be installed in every bathroom,
toilet room, laundry room, furnace room, kitchen, hallway, basement, cellar
and non-habitable work or storage area.
5.8.6
Extension cords shall not be permitted on a permanent basis.
5.8.7
The electrical wiring and all electrical fixtures, switches, receptacles and
appliances located or used in any building shall be installed and maintained
in good working order so as not to cause fire or electrical shock hazards.
5.8.8
Lighting, fixtures and appliances installed throughout a building including
stairways, corridors, passageways, garages and basements shall provide
sufficient illumination so as to avoid public health or accident hazards under
normal use.
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5.9
Lighting
5.9.1
Every public hall and stairway and stairwell in all buildings shall be
illuminated at all times so as to provide safe passage.
5.9.2
All non-residential establishments shall install and maintain sufficient
windows, skylights and lighting fixtures for the safety of all persons attending
the premises or as may be required by the Occupational Health and Safety
Act for industrial and commercial properties. However, lighting shall not be
positioned so as to cause any impairment of the use of enjoyment of
neighbouring properties.
5.10
Ventilation
5.10.1
Every habitable room including a kitchen shall have an opening or openings for
natural ventilation from the outside. Such opening or openings shall have a
minimum aggregate unobstructed free flow of air of at least 0.28 m2 [3 ft.2] and
shall be located in the exterior walls or through openable parts of skylights.
5.10.2
Openings for natural ventilation may be omitted from a kitchen, living or living-
dining room, basement, cellar and crawl space if mechanical ventilation is
provided which changes the air once every hour.
5.10.3 Every bathroom or room containing a water closet, shall be provided with an
opening or openings for natural ventilation located in an exterior wall or through
openable parts of skylights and all such openings shall have a minimum
aggregate unobstructed free flow area of .093 m2 [1 ft.2] except said opening may
be omitted where a system of mechanical ventilation has been provided, such as
an electrical fan with a duct leading to outside the dwelling.
5.10.4
All systems of mechanical ventilation or air conditioning shall be maintained in
good working order.
5.10.5
Every basement, cellar, and unheated crawl space shall be adequately vented to
the outside air by means of screened windows which can be opened or by
louvres with screened openings.
5.11
Fire Safety
5.11.1
Every dwelling shall be equipped with at least one smoke alarm per storey which
shall be maintained in a good and operable condition at all times.
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5.11.2 The warehousing or storage of material or operative equipment that is
required for the continuing operation of an industrial or commercial aspect
of a property shall be maintained in a neat and orderly fashion so as not to
create a fire or accident hazard or any unsightly condition and shall provide
unobstructed access for emergency vehicles.
5.11.3 Emergency lighting that is installed or required in any building or on any
property shall be maintained in a good an operable condition at all times.
5.11.4 The surface area and width of any designated fire routes shall be
maintained in a condition suitable for the bearing and maneuvering of
emergency vehicles and shall remain unobstructed at all times and all
seasons.
5.12
Fire Damage and Demolition
5.12.1 In the event of a fire, measures shall be taken as soon as possible to make
the damaged building safe and compatible with the surrounding
environment through such measures as:
1.
Cleaning any smoke or water damaged surfaces exposed to view
2.
Refinishing such exposed surfaces so that they are in harmony with
adjoining undamaged surfaces and the general environment.
3.
Repairing of fire damaged surfaces.
In the event a building is destroyed beyond the point of repair or
restoration, as a measure of public safety, the building shall be demolished
and removed forthwith from the site and the site shall be graded and
leveled. In the interim of any authorized repair or, restoration of a fire
damage building or in the interim of the demolition and/or removal, the site
and/or building shall be secured to prevent access by the general public.
5.12.2 Where a building or structure is being demolished, every precaution shall be
taken to protect any adjoining property and members of the public from
accident hazards. Such precautions shall include the erection of fences or
barricades and all other means of protection necessary in respect thereto.
5.12.3 No building shall be reoccupied which is deemed to be unsafe for human
occupancy.
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SECTION 6 - OCCUPANCY STANDARDS FOR DWELLINGS
6.1
No person shall use or permit the use of a non-habitable room in a dwelling for a
habitable room purpose.
6.2
The maximum number of occupants in a dwelling or dwelling unit shall not
exceed one person per 9.4 m2 [101.1 ft.2] of habitable room floor area.
6.3
For the purpose of computing the maximum number of occupants in subsection
6.2 any child under twelve years of age shall be deemed one-half person.
6.4
For the purpose of computing the habitable room floor area in subsection 6.2 the
floor area under a ceiling which is less than 2.1 m [6.88 ft.] high shall not be
counted. If a finished ceiling is not applied to the underside of the joists, then the
area shall not be deemed as habitable room space.
6.5
No room in any dwelling shall be used for sleeping purposes unless there is a
minimum width of 2 m [6.56 ft.] and a minimum floor area of 7 m2 [75.3 ft.2]. At
least one-half of the required minimum floor area shall have a ceiling height of
2.1 m [6.88 ft.] and no floor area with a ceiling height of less than 1.37 m [4.49
ft.] shall be counted.
6.6
Any basement, or portion thereof, used as a dwelling unit shall conform to the
following requirements:
1.
Each habitable room shall comply with all the requirements set out in
this By-law.
2.
Floors and walls shall be constructed so as to be dampproofed and
impervious to water leakage.
3.
Each habitable room shall be separated from the fuel fired heating unit or
other similarly hazardous equipment by a suitable fire separation and
approved under the Ontario Building Code.
4.
Access to each habitable room shall be gained without passage through
a furnace room, boiler room or storage room.
SECTION 7 - VACANT LANDS AND BUILDINGS
7.1
Vacant Lands
7.1.1 Vacant land shall be maintained to the standards as described in Section 3.6 of
this By-law.
7.1.2 Vacant land shall be graded, filled or otherwise drained so as to prevent
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October 14, 2003
recurrent or excessive ponding of water.
7.2
Vacant Buildings
7.2.1 Vacant buildings shall be kept cleared of garbage, rubble and debris and shall
have all water, electrical and gas services turned off except for those services
that are required for the security and maintenance of the building.
7.2.2 Every vacant building shall be boarded up to the satisfaction of the Property
Standards Officer by covering all openings through which entry may be
obtained with at least 12.7 mm [0.5 inch] weatherproof sheet plywood in a
color compatible with the surrounding walls and which is securely fastened.
SECTION 8 - ADMINISTRATION
8.1
Application of By-law
8.1.1 This By-law shall apply to all property in the Township of East
Hawkesbury.
8.1.2 Where a provision of this By-law conflicts with a provision of another By-
law in force in the Township, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public
shall prevail.
8.1.3 If any section of this By-law is for any reason held to be invalid, the
remaining sections shall remain in effect until repealed.
8.2
Property Standards Officer and Property Standards Committee
8.2.1 This By-law shall be administered by a Property Standards Officer and a
Property Standards Committee of three ratepayers of the Township of East
Hawkesbury appointed by Council who shall hold office for three years
provided that on the first appointment the members shall hold office as
follows:
1.
One member until the 1St day of January of the year following the
date of appointment.
2.
One member until the 1st day of January of the second year
following the date of appointment.
3.
One member until the 1St day of January of the third year
following the date of appointment.
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October 14, 2003
8.2.2 The Committee shall appoint one of its members as Chairman and shall
appoint a secretary.
8.3
Inspection
8.3.1 The Property Standards Officer or any person acting under his
instructions may, at all reasonable times and upon producing proper
identification, enter and inspect any property to determine whether the
property conforms with the standards prescribed in this By-law, or
whether an order has been complied with.
8.3.2 The Property Standards Officer or any person acting under his instructions
shall not enter any room or place actually used as a dwelling unless:
1. The consent of the occupier is obtained, the occupier first having
been informed that he right of entry may be refused and entry made
only under the authority of a warrant issued under the Building Code
Act; a warrant issued under the Act is obtained;
2. The delay necessary to obtain a warrant or the consent of the
occupier would result in an immediate danger to the health or safety
of any person;
3. The entry is necessary to terminate a danger as determined under
the Building Code Act (Section 15.7(3));
4. The requirements for giving notice under Section 16. (1) of the
Building Code Act are met and the entry is necessary to remove a
building or restore a site or to remove an unsafe condition or to repair
or demolish.
8.3.3 For the purposes of an inspection under the Building Code Act; an
inspector may:
1.
Require the production for inspection of documents or things,
including drawings or specifications that may be relevant to the
building or part thereof;
2.
Inspect and remove documents or things relevant to the building or
part thereof for the purpose of making copies or extracts;
3.
Require information from any person concerning a matter related to
a building or part thereof;
4.
Be accompanied by a person who has special or expert knowledge
in relation to building or part thereof;
5.
Alone or in conjunction with a person possessing special or expert
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October 14, 2003
knowledge, make examinations or take tests, samples or
photographs for the purposes of the inspection; and
6.
Order any person to take and supply at that person's expense such
tests and samples as are specified in the order.
8.3.4 Inspection of Unsafe Buildings
1.
An inspector may enter upon land and into buildings at any
reasonable time without a warrant for the purpose of inspecting a
building to determine whether the building is unsafe or whether an
order has been complied with.
2.
A building is unsafe if the building is structurally inadequate or faulty for
the purpose for which it is used or in a condition that could be
hazardous to the health or safety of persons in the normal use of the
building, persons outside of the building or persons whose access to
the building has not been reasonably prevented.
3.
In addition to the criteria set out in Section 8.3.4.2, a sewage system
is unsafe if it is not maintained or operated in accordance with the
Building Code Act and the Ontario Building Code.
4.
An inspector who finds that a building is unsafe may make an order
setting out the reasons why the building is unsafe and the remedial
steps necessary to render the building safe and may require he order
to be carried out within the time specified in the order. The order shall
be served on the owner and each person apparently in possession of
the building and such other person affected thereby as the officer
determines and a copy of the order may be posted on the site of the
building. Of an order is not complied with within the time specified, or
where no time is specified, within a reasonable time, the officer may
by order prohibit the use or occupancy of the building and may cause
the building to be renovated, repaired or demolished to remove the
unsafe condition or take such other action as is considered
necessary for the protection of the public.
5.
Power of Entry: For the purposes of Section 8.3.4.4, an officer may
enter upon the land and into buildings at any reasonable time without
a warrant.
6.
Municipal Lien: If the building is in a municipality, the municipality
shall have a lien on the land for the amount spent of the renovation,
repair,
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October 14, 2003
demolition or other action taken under Section 8.3.4.4 and an amount
shall be deemed to be municipal real property taxes and may be added
by the clerk of the municipality to the collector's roll in the same
manner and with the same priorities as municipal real property taxes.
7.
Emergency Order: If upon inspection of a building an inspector is
satisfied that the building poses an immediate danger to the health or
safety of any person, the officer may make an order containing
particulars of the dangerous conditions and requiring remedial repairs
or other work to be carried out immediately to terminate the danger.
The order shall be served on the owner and each person apparently in
possess of the building and such other persons affected thereby as the
officer determines and a copy shall be posted on the site of the building.
After making the order, the officer may, either before or after the order
is served, take any measures necessary to terminate the danger and,
for this purpose, the officer, an inspector and their agents may at any
time enter upon the land and into the building in respect of which the
order was made without a warrant. If the order was not served before
the measures were taken to terminate the danger, the officer shall
serve copies of the order as soon as practicable after the measures
have been taken and each copy of the order shall have attached to it a
statement by the officer describing the measures taken and providing
details of the amount spent in taking the measures.
8.4
Order of Non-Conformity
8.4.1 When inspection by the Property Standards Officer reveals that a property
does not conform with the standards prescribed by this By-law, the Property
Standards Officer may make an order.
8.5
Contents and Procedures for an Order of Non-Conformity
8.5.1 The order shall:
1.
contain the municipal address or a legal description of the property;
2.
give 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 leveled condition.
3.
indicate the time for complying with the terms and conditions of
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October 14, 2003
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.
4.
indicate the final date for giving notice of appeal from the order.
8.5.2
The order shall be served on the owner of the property and such other
persons affected by it as the officer determines and a copy of the order
may be posted on the property.
8.5.3
The 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,
and where the requirements of the order have been satisfied, the clerk
of the municipality 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.
8.6
Appeal of an Order
8.6.1
An owner or occupant who has been served with an order and who is
not satisfied with the terms or conditions of the order may appeal to the
committee by sending a notice of appeal by registered mail to the
secretary of the committee within 14 days after being served the order.
8.6.2
An order that is not appealed within the 14-day period specified shall be
deemed to be confirmed.
8.6.3
The committee shall hear an appeal. On appeal, the committee has all
the powers and functions of the officer who made the order and the
committee may do any of the following things, if in the committee's
opinion, doing so would maintain the general intent and purpose of the
by-law and official plan:
1.
Confirm, modify or rescind the order to demolish or repair.
2.
Extend the time for complying with the order.
8.6.4
Appeal to Court
The municipality in which the property is situate or the owner or person
affected by a decision of the committee may appeal to the Superior
Court of Justice by notifying the clerk of the municipality in writing and
by applying to the court within 14 days after a copy of the decision.
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October 14, 2003
SECTION 9 - AUTHORITY
9.1
This By-law shall be read subject to the Building Code Act; as
amended from time to time, and whenever the provisions of this By-law
conflict or are otherwise inconsistent with the provisions of the Building
Code Act, the provisions of the Building Code Act shall be deemed to
be incorporated into this By-law.
9.2
This By-law shall come into force on the date it is passed by the Council
of the Corporation of the Township of East Hawkesbury.
Read a first time this 14 th day of October, 2003.
Read a Second and Third time and finally passed this 14 day of October 2003.
Michel Lalonde
Linda Rozon
Mayor
Clerk Deputy