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The Corporation of The Town Of Essex
By-Law Number 936
Property standards for maintenance and occupancy - being a by-law to prescribe
standards for the maintenance and occupancy of property within the Town of Essex,
and prohibiting the occupancy or use of such property that does not conform to the
standards; and for requiring property below the standards prescribed herein to be
repaired and maintained to comply with the standards, or the lands thereof to be
cleared of all buildings and structures and left in a graded and level condition.
Whereas under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a by-law may be
passed by Council of a municipality prescribing the standards for the maintenance and
occupancy of property within the municipality provided the official plan for the
municipality includes provisions relating to property conditions;
And Whereas the Official Plan for the Town of Essex includes provisions relating to
property conditions;
And Whereas the Council of The Town of Essex is desirous of passing a by-law under
Section 15.1(3) of the Building Code Act, S.O. 1992, c.23;
And Whereas Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that a by-
law passed under Selection 15.1(3) of the Building Code Act, S.O. 1992, c.23 shall provide
for the establishment of a Property Standards Committee;
Now Therefore the Council of the Town of Essex hereby enacts the following:
1.
That By-Law Number 191 and amendments thereto are hereby repealed.
2.
That the Mayor and Clerk be directed to affix their signatures, on behalf of The
Corporation of The Town of Essex, to Schedule "A" attached hereto.
Read a first, a second and a third time and finally passed this 16th day of February, 2009.
The Corporation of The Town Of Essex
Mayor
Clerk/Deputy Treasurer
By-Law No.936
The Corporation of The Town Of Essex
Schedule "A" By-Law Number 936
Table of Contents
Section 1 - General ......................................................................................................................................... 1
1.1
SHORT TITLE.............................................................................................................................................................................. 1
Section 2 - Definitions .................................................................................................................................... 1
2.1
DEFINITIONS ............................................................................................................................................................................. 1
Section 3 - Standards Maintenance And Occupancy................................................................................... 4
3.1
MINIMUM ADOPTED ................................................................................................................................................................. 4
Section 4 - Repair Maintenance ..................................................................................................................... 4
4.1
DUTY OF OWNER ...................................................................................................................................................................... 4
Section 5 - Exterior Property Areas ............................................................................................................... 4
5.1
EXTERIOR PROPERTY AREAS ..................................................................................................................................................... 4
5.2
PROHIBITED RESIDENTIAL USES................................................................................................................................................ 5
5.3
REMOVAL REQUIRED SPECIFIC ITEMS ....................................................................................................................................... 5
5.4
DRIVEWAYS, PARKING AREAS, PATHS AND WALKWAYS ......................................................................................................... 5
5.5
OUTSIDE LIGHTING FIXTURES AND SUPPORTS ........................................................................................................................ 5
5.6
GROUND COVER EROSION CONTROL ....................................................................................................................................... 5
Section 6 - Garbage ....................................................................................................................................... 5
6.1
RECEPTACLES ............................................................................................................................................................................ 5
Section 7 - Composting & Storage In The Yard ............................................................................................ 6
7.1
COMPOSTING RULES ................................................................................................................................................................ 6
7.2
IMPROPER COMPOSTING .......................................................................................................................................................... 6
Section 8 - Sewage......................................................................................................................................... 6
Section 9 - Trees, Hedges And Shrubs To Be Kept Trimmed ....................................................................... 6
Section 10 - Grass To Be Kept Trimmed ........................................................................................................ 6
Section 11 - Grass, Trees, Bushes, Hedges, Landscaping ............................................................................ 6
Section 12 - Noxious Plants ........................................................................................................................... 6
Section 13 - Firewood Storage ...................................................................................................................... 6
Section 14 - Fences, Gates, Swimming Pools & Hot Tubs ............................................................................ 7
Section 15 - Stagnant Water .......................................................................................................................... 7
Section 16 - Graffiti Removal ......................................................................................................................... 7
Section 17 - Future Reference ....................................................................................................................... 7
Section 18 - Sensor Activated Lighting ......................................................................................................... 7
Section 19 - Fences ......................................................................................................................................... 7
19.1
ERECTION MAINTENANCE STANDARDS ................................................................................................................................... 7
Section 20 - Signs ........................................................................................................................................... 7
20.1
INSTALLATION MAINTENANCE STANDARDS ............................................................................................................................ 7
20.2
UNUSED NOT CARED FOR DISCARDED .................................................................................................................................... 7
Section 21 - Retaining Walls .......................................................................................................................... 8
21.1
MAINTENANCE SAFE, STRUCTURALLY SOUND ........................................................................................................................ 8
21.2
MAINTENANCE STANDARDS .................................................................................................................................................... 8
Section 22 - Gantries Towers, Masts - Antennae, Oil Pumps & Tanks ........................................................ 8
22.1
MAINTENANCE STANDARDS .................................................................................................................................................... 8
By-Law No.936
Section 23 - Structural Capacity .................................................................................................................... 8
23.1
BUILDING TO SUSTAIN OWN WEIGHT ...................................................................................................................................... 8
23.2
SAFETY FACTOR STANDARDS ................................................................................................................................................... 8
23.3
STRUCTURALLY SOUND CONDITION WHEN DEEMED.............................................................................................................. 8
Section 24 - Unsafe Conditions ..................................................................................................................... 8
24.1
ABATEMENT REMOVAL ............................................................................................................................................................. 8
24.2
ABATEMENT REMOVAL STANDARDS ........................................................................................................................................ 8
Section 25 - Foundations, Walls, Columns And Beams ................................................................................ 9
25.1
MAINTENANCE SAFE STRUCTURALLY SOUND ........................................................................................................................ 9
25.2
MAINTENANCE STANDARDS .................................................................................................................................................... 9
Section 26 - Doors, Windows, Shutters And Hatchways .............................................................................. 9
26.1
MAINTENANCE GOOD WORKING ORDER & REPAIR ................................................................................................................. 9
26.2
MAINTENANCE STANDARD ...................................................................................................................................................... 9
26.3
OPENING VENTILATION ILLUMINATION PROTECTION .......................................................................................................... 10
section 27 - Stairs, Floors, Landings , Verandahs, Porches, Decks,Loading Docks And Balconies ......... 10
27.1
MAINTENANCE SAFE STRUCTURALLY SOUND ...................................................................................................................... 10
27.2
MAINTENANCE STANDARDS ................................................................................................................................................. 10
27.3
VACANT UNOCCUPIED BUILDING EXEMPTION CONDITIONS ............................................................................................... 10
Section 28 - Roofs And Roof Structures ...................................................................................................... 10
28.1
MAINTENANCE SAFE STRUCTURALLY SOUND ...................................................................................................................... 10
28.2
MAINTENANCE STANDARDS ................................................................................................................................................. 10
Section 29 - Exterior Surfaces ...................................................................................................................... 10
29.1
PAINT WEATHER-RESISTANT MATERIAL REQUIRED .............................................................................................................. 10
29.2
DAMAGE BY FIRE OR OTHER CAUSES, REPAIR, DEMOLITION ............................................................................................... 11
29.3
REPAIRS STANDARDS ............................................................................................................................................................. 11
29.4
VACANT UNOCCUPIED BUILDING EXCEPTION ...................................................................................................................... 11
Section 30 - Interior Surfaces ...................................................................................................................... 11
30.1
MAINTENANCE STANDARDS ................................................................................................................................................. 11
Section 31 - Elevators And Elevating Devices ............................................................................................ 11
31.1
MAINTENANCE STANDARDS ................................................................................................................................................. 11
Section 32 - Ventilation Systems ................................................................................................................. 11
32.1
PROVISION MAINTENANCE STANDARDS ............................................................................................................................... 11
32.2
CLEANING MAINTENANCE STANDARDS ................................................................................................................................ 11
Section 33 - Heating And Mechanical Systems .......................................................................................... 12
33.1
PROVISION HEAT STANDARDS .............................................................................................................................................. 12
33.2
SPACE NOT NORMALLY HEATED EXCEPTION ........................................................................................................................ 12
33.3
HOT WATER ADEQUATE SUPPLY REQUIRED ......................................................................................................................... 12
33.4
MAINTENANCE STANDARDS ................................................................................................................................................. 12
Section 34 - Electrical Systems .................................................................................................................... 12
34.1
CONNECTION WITH ELECTRICAL SUPPLY SYSTEM ................................................................................................................ 12
34.2
CONNECTION SYSTEM STANDARDS ...................................................................................................................................... 12
Section 35 - Drainage Plumbing Systems ................................................................................................... 12
35.1
PROVISION MAINTENANCE STANDARDS ............................................................................................................................... 12
35.2
EAVESTROUGH GUTTERS DOWNPIPES STANDARDS ............................................................................................................. 12
By-Law No.936
35.3
DOWNPIPE SUMP PUMP GRADING STANDARDS .................................................................................................................. 13
Section 36 - Refuse Disposal Facilities ........................................................................................................ 13
36.1
DESIGN INSTALLATION MAINTENANCE STANDARDS ........................................................................................................... 13
36.2
CONTAINERS RECEPTACLES EXTERNAL SCREENED COVERED .............................................................................................. 13
36.3
GARBAGE CHUTES ROOMS CONTAINERS STANDARDS ........................................................................................................ 13
Section 37 - Recreational Facilities ............................................................................................................. 13
37.1
INSTALLATION MAINTENANCE SAFE CONTINUOUS USE....................................................................................................... 13
37.2
EQUIPMENT RECREATIONAL STANDARDS............................................................................................................................. 13
Section 38 - Residential Occupancy ............................................................................................................ 13
38.1
NON-HABITABLE SPACE USE PROHIBITED ............................................................................................................................ 13
38.2
DWELLING USE OCCUPANCY STANDARDS ........................................................................................................................... 13
Section 39 - Egress ....................................................................................................................................... 14
39.1
CONTINUOUS UNOBSTRUCTED FROM INTERIOR .................................................................................................................. 14
39.2
SECOND MEANS OF EGRESS WHERE REQUIRED .................................................................................................................... 14
39.3
SECOND MEANS OF EGRESS WHERE NOT REQUIRED ............................................................................................................ 14
39.4
ENCLOSED THROUGH ANOTHER UNIT PROHIBITED ............................................................................................................. 14
Section 40 - Multiple Occupancy Buildings ................................................................................................ 14
40.1
GARAGES, WALKWAYS AND ACCESS LANES ......................................................................................................................... 14
40.2
STORAGE GARAGES ............................................................................................................................................................... 14
40.3
REFUSE DISPOSAL ................................................................................................................................................................. 15
40.4
REFUSE FACILITY DESIGN AND INSTALLATION ..................................................................................................................... 15
Section 41 - Vacant Property ....................................................................................................................... 15
41.1
PROTECTION, FIRE ACCIDENT DAMAGE, OTHER DANGERS .................................................................................................. 15
41.2
PROTECTION STANDARDS ..................................................................................................................................................... 15
41.3
BOARDING INSTALLATION MAINTENANCE ........................................................................................................................... 15
41.4
UTILITIES DISCONNECTION SECURITY ................................................................................................................................... 15
Section 42 - Vacant Lands And Buildings ................................................................................................... 15
42.1
VACANT LANDS ...................................................................................................................................................................... 15
42.2
VACANT BUILDINGS ............................................................................................................................................................... 15
Section 43 - Demolition ............................................................................................................................... 16
43.1
PERMIT REQUIRED POSTING .................................................................................................................................................. 16
43.2
WALLS REMAINING STRUCTURALLY SOUND WEATHER-TIGHT ............................................................................................ 16
43.3
SITE CLEARED CLEANED MAINTAINED .................................................................................................................................. 16
Section 44 - Enforcement And Administration .......................................................................................... 16
44.1
INSPECTION OF PROPERTY ..................................................................................................................................................... 16
44.2
CONTENTS OF ORDER ............................................................................................................................................................ 16
44.3
SERVICE AND POSTING OF ORDER ......................................................................................................................................... 16
44.4
REMOVAL PROHIBITED........................................................................................................................................................... 16
44.5
REGISTRATION OF ORDER ...................................................................................................................................................... 16
44.6
PROPERTY STANDARDS COMMITTEE ESTABLISHMENT ........................................................................................................ 17
44.7
FILLING OF VACANCIES .......................................................................................................................................................... 17
44.8
COMPENSATION .................................................................................................................................................................... 17
44.9
CHAIR ..................................................................................................................................................................................... 17
By-Law No.936
44.10
QUORUM ................................................................................................................................................................................ 17
44.11
SECRETARY ............................................................................................................................................................................. 17
44.12
RULES OF PROCEDURE AND OATHS ...................................................................................................................................... 17
44.13
WHERE COMMITTEE REQUIRED TO GIVE NOTICE .................................................................................................................. 17
44.14
APPEAL OF ORDER ................................................................................................................................................................. 17
44.15
CONFIRMATION OF ORDER .................................................................................................................................................... 17
44.16
POWERS OF COMMITTEE ON APPEAL .................................................................................................................................... 17
44.17
APPEAL TO ONTARIO COURT ............................................................................................................................................... 17
44.18
APPOINTMENT ....................................................................................................................................................................... 18
44.19
JUDGE'S POWERS ................................................................................................................................................................... 18
44.20
EFFECT OF DECISIONS ............................................................................................................................................................ 18
44.21
POWER OF TOWN OF ESSEX ................................................................................................................................................. 18
44.22
WARRANTLESS ENTRY ........................................................................................................................................................... 18
44.23
NO LIABILITY .......................................................................................................................................................................... 18
44.24
MUNICIPAL LIEN..................................................................................................................................................................... 18
44.25
CERTIFICATE OF COMPLIANCE............................................................................................................................................... 18
44.26
REQUEST FOR CERTIFICATE .................................................................................................................................................... 18
44.27
FEE FOR CERTIFICATE ............................................................................................................................................................. 18
44.28
EMERGENCY ORDER ............................................................................................................................................................... 18
44.29
SERVICE OF EMERGENCY ORDER ........................................................................................................................................... 18
44.30
EMERGENCY POWERS ............................................................................................................................................................ 19
44.31
NO LIABILITY .......................................................................................................................................................................... 19
44.32
SERVICE .................................................................................................................................................................................. 19
44.33
SERVICE OF STATEMENT ........................................................................................................................................................ 19
44.34
APPLICATION TO COURT ....................................................................................................................................................... 19
44.35
POWERS OF JUDGE ................................................................................................................................................................ 19
44.36
ORDER FINAL.......................................................................................................................................................................... 19
44.37
MUNICIPAL LIEN..................................................................................................................................................................... 19
44.38
INSPECTION POWERS OF OFFICER ........................................................................................................................................ 19
44.39
SAMPLES ................................................................................................................................................................................ 20
44.40
SAME ...................................................................................................................................................................................... 20
44.41
RECEIPT .................................................................................................................................................................................. 20
44.42
EVIDENCE ............................................................................................................................................................................... 20
44.43
ENTRY TO DWELLINGS ........................................................................................................................................................... 20
44.44
NOTICE ................................................................................................................................................................................... 20
44.45
ISSUE FEE PAYABLE ................................................................................................................................................................ 20
Section 45 - Penalty Provisions ................................................................................................................... 20
45.1
CONTRAVENTION OFFENCE ................................................................................................................................................... 20
45.2
FINE FOR CONTRAVENTION OWNER ...................................................................................................................................... 20
45.3
FINE FOR CONTRAVENTION CORPORATION .......................................................................................................................... 21
Section 46 - Severability .............................................................................................................................. 21
46.1
SEVERABILITY ......................................................................................................................................................................... 21
By-Law No.936
Section 47 - Repeal ....................................................................................................................................... 21
47.1
BY-LAWS - PREVIOUS ........................................................................................................................................................... 21
47.2
EFFECTIVE DATE .................................................................................................................................................................... 21
By-Law No. 936
Page 1
Section 1 - General
1.1
Short Title
This By-Law may be called as the "Property Standards By-Law".
Section 2 - Definitions
2.1
Definitions
2.1.1
Act means an enactment or statute of the Province of Ontario.
2.1.2. Building. means,
(a) a structure occupying an area greater than ten square metres consisting of a wall, roof
and floor or any of them or a structural system serving the function thereof including
all plumbing, works, fixtures and service systems appurtenant thereto,
(b) a structure occupying an area of ten square metres or less that contains plumbing,
including the plumbing appurtenant thereto,
(c) plumbing not located in a structure,
(c.1) a sewage system, or
(d) structures designated in the building code;
2.1.3
Cellar means that space of a building that is partly or entirely below grade, which has more
than half of its height, measured from floor to ceiling below the average exterior finished
grade.
2.1.4
Chief Official means the Chief Building Official appointed under Section 3 of the Building
Code Act, S.O. 1992, c.23, as amended, and having jurisdiction for the enforcement thereof.
2.1.5
Code means a regulation of the Province of Ontario known,
2.1.5.1 with respect to matters relating to building and plumbing as the Ontario Building
Code;
2.1.5.2 with respect to matters relating to electricity, as the Electrical Safety Code;
2.1.5.3 respect to matters relating to fire, as the Fire Code.
2.1.6
Committee means a Property Standards Committee established under this by-law.
2.1.7
Commercial Motor Vehicle includes any commercial motor vehicle as defined in the
Highway Traffic Act. (example Tractor-Trailer)
2.1.8
Commercial Trailer means a vehicle engaged in carrying or which is designed to carry
goods, wares or merchandise and which is licensed as a commercial vehicle under the
appropriate municipal or provincial laws or regulations;
2.1.9
Corporation means The Corporation of the Town of Essex.
2.1.10 Council means the Council of The Corporation of the Town of Essex.
2.1.11 Debris means refuse, waste, discarded materials or garbage of any kind whatsoever and
includes, but is not limited to, whether of value or not:
(a) accumulations of litter, remains, rubbish, trash;
(b) weighty or bulky items such as appliances, furnaces, furnace pipes, pipe-fittings,
water or fuel tanks placed in a condition or location where they cannot be used for
their intended purposes;
(c) paper, cartons;
(d) dilapidated furniture;
(e) crockery, glass, cans, containers;
(f) garden refuse and trimmings that is not in a contained manner according to
Section 7.1.
(g) material from or for construction and demolition projects;
(h) domestic and industrial waste;
(i) dead or dying trees, branches, leaves or shrubs;
By-Law No. 936
Page 2
(j) Inoperative motor vehicles;
(k) Motor vehicle parts;
(l) mechanical equipment or equipment parts placed in a
condition or location
where they cannot be used for their intended purposes;
(m) earth or rock fill;
(n) clothing or other household linens lying in an unprotected condition;
(o) objects or conditions that may create a health, fire or accident hazard; and
(p) animal feces
2.1.12 District means a zoning district set out in the zoning by-law(s) for the Town of Essex.
2.1.13 Dwelling means a building or part thereof, used or designed to be used as a residence
and containing one or more dwelling units.
2.1.14 Dwelling Unit means two or more habitable rooms within a building in which sanitary
facilities and a separate kitchen are provided and having a private entrance from outside
the building from a common hallway or inside the building.
2.1.15 Exterior Property Area means the building lot excluding buildings.
2.1.16 Fence means any man made structure, wall or barrier, other than a building, erected at
grade for the purpose of defining boundaries of property, separating open space,
restricting ingress to or egress from property, providing security or protection to property
or acting as a visual or acoustic screen.
2.1.17 Graffiti means one or more letters, symbols, or marks, howsoever made, that disfigures or
defaces a property or object, but does not include a sign pursuant to the Town's sign by-
laws or a mural, which has been authorized by the Town of Essex.
2.1.18 Ground Cover means organic or non-organic material applied to prevent soil erosion such
as concrete, flagstone, gravel, asphalt, grass or other landscaping.
2.1.19 Guard means a protective barrier installed around openings in floor areas or on the open
sides of a stairway, landing, a balcony, a mezzanine, a gallery, a raised walkway, and other
locations as requires preventing accidental falls from one level to another. Such barriers
may or may not have openings through them.
2.1.20 Habitable Room means any room in a dwelling or dwelling unit used or designed to be
used for the purpose of living, sleeping, eating, cooking or preparation of food.
2.1.21 Inoperative Motor Vehicle means a motor vehicle which may not be lawfully operated
upon a Highway pursuant to the Highway Traffic Act because of any of the following
reasons: There is/are:
2.1.21.1 there is not in existence a currently validated permit for the vehicle;
2.1.21.2 where are not displayed on the vehicle, in the prescribed manner, number
plates issued in accordance with the Highway Traffic Act showing the permit
number issued for the vehicle;
2.1.21.3 there is not affixed to a number plate displayed on the vehicle evidence of the
current validation of the permit; or
2.1.21.4 the vehicle is damaged to the extent that it cannot be driven, is in a wrecked or
dismantled condition or has had its source of motive power removed.
2.1.22 Means of Egress means a doorway, hallway, corridor, exterior passageway or balcony,
lobby, stair, ramp or other facility or combination thereof provided for the escape of
persons from a building, dwelling unit, floor area, contained open space or room to a public
thoroughfare, street, lane, yard or other approved open space at grade level. Egress
includes exits and access to exits. Elevators and windows shall not be considered as means
of egress.
2.1.23 Medical Officer of Health means the Medical Officer of Health for the Windsor Essex
County Health Unit.
2.1.24 Motor Vehicle includes an automobile, motorcycle, motor assisted bicycle unless otherwise
indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular
power, but does not include a street car, or other motor vehicles running only upon rails, or
a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of
husbandry or road-building machine within the meaning of this Act;.
2.1.25 Neighbouring means the abutting properties around a subject property.
By-Law No. 936
Page 3
2.1.26 Non-Habitable Space means a bathroom, toilet room, water closet compartment, laundry,
pantry, foyer, lobby, hall, corridor, stairway, passageway, closet, storage room, boiler room,
furnace room, accessory space for service, maintenance or access within a building or a
room or space, which does not comply with the minimum standards for residential
occupancy specified in this by-law.
2.1.27 Nuisance means a condition or use of land, which unreasonably interferes with the lawful
use of another person's land. It typically involves an injurious, offensive or objectionable
condition. Examples include:
2.1.27.1 emissions of smoke, gas, fumes, dust, artificial light, water or sawdust;
2.1.27.2 objectionable odours; or
2.1.27.3 the unsightly storage of goods, wares, merchandise, debris or other material. For clarity,
a condition or use of land in some situations can be considered a nuisance where in
other situations the same condition or use of land is not considered
a
nuisance.
Proximity to neighbouring land and/or particular uses of neighbouring land will have
an impact on whether or not a certain condition or use of land constitutes a nuisance.
Further, the context of the land in question can impact whether or not its condition or
use is a nuisance. Persons living in urban areas must accept a certain level of
disturbance as incident to life in an urban area without that disturbance being
considered to be a nuisance.
2.1.28 Occupant means any person or persons over the age of eighteen years in possession of the
property.
2.1.29 Officer means a property standards officer who has been assigned the responsibility of
administering and enforcing this by-law.
2.1.30 Building Code Act means the Building Code Act, S.O., 1992, c23, as amended.
2.1.31 Owner means such persons or corporations that are the registered or beneficial holders of
the title of the property and would include the person for the time being, who is managing
or receiving the rent of the land or premises in connection with 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 of an
occupant of the property who, under the terms of the lease, is required to repair and
maintain the property in accordance with the standards for maintenance and occupancy of
property.
2.1.32 Person means a person, firm, corporation, association or partnership.
2.1.33 Plumbing means drainage system, a venting system and a water system or parts thereof.
2.1.34 Property means a building or structure or part or a building or structure, and includes the
lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile
structures, outbuildings, and erections thereon whether heretofore or hereafter erected,
and includes vacant property, and is divided into:
2.1.34.1 Non-Habitable Room means any room in a dwelling or dwelling unit other than a
habitable room and includes a bathroom, toilet room, laundry, pantry, lobby,
communicating corridor, stairway, closet, basement, boiler room, furnace room or
other space used for service or maintenance or a dwelling or for access to and vertical
between story's.
2.1.34.2 Non-Residential Property means a building or structure or part of a building or
structure not occupied in whole or part for the purpose of human habitation, and
includes the lands and premises appurtenant and all of the outbuildings, or
erections
thereon or therein.
2.1.34.3 Residential Property means that part of a property occupied or capable
of
being
occupied for the purpose of human habitation and includes a dwelling unit.
2.1.35 Reference means to any act or other statute or part thereof, regulation or other by-law will,
unless otherwise specifically stated, be a reference to that statute, regulation or other by-
law or the relevant part thereof, as the same may be amended, substituted,
replaced
or
re-enacted from time to time.
2.1.36 Repair includes the provision of such facilities and the making of additions or alterations or
the taking of such action as may be required so that the property shall conform to the
standards established in this by-law.
2.1.37 Safe Condition means a condition that does not pose or constitutes an undue or
unreasonable hazard or risk to life, limb or health of any person on or about the property,
and includes a structurally sound condition.
By-Law No. 936
Page 4
2.1.38 Sign means any device or notice, including its structure and other component parts, which
is used or capable of being used to identify, describe, illustrate, advertise or direct attention
to any person, business, service, commodity or use.
2.1.39 Standards means the standards of physical condition and occupancy set out in this by-law.
2.1.40 Structure means anything, including all component parts that is erected, built, constructed
and affixed to or supported by the ground occupying an area of ten square metres or less
that contains plumbing, including the plumbing appurtenant thereto includes;
2.1.40.1 plumbing not located in a structure;
2.1.40.2 a sewage system; or
2.1.40.3 structures designated in the Building Code Act.
2.1.40.4 Building Code Act, means the Building Code Act, S.O., 1992, c23, as amended.
2.1.41 Tenant means a person paying rent for the temporary use or occupancy of land or
buildings of another person and includes lessee, occupant, subtenant, under tenant, and
his and their assigns and legal representatives.
2.1.42 Toilet room means a room containing a water closet.
2.1.43 Town means The Corporation of the Town of Essex.
2.1.44 Tractor-Trailer means a combination of vehicles comprised as one semi -trailer used for
carrying merchandise and one truck tractor used solely for supplying of power for
propelling or hauling a semi-trailer.
2.1.45 Vacant Land means property upon which there are no permanently affixed or supported
structures of any kind other than a fence.
2.1.46 Yard means the land other than publicly owned land around or appurtenant to the whole
or any part of a residential or non-residential property and used or capable of being used in
connection with the property.
Section 3 - Standards Maintenance and Occupancy
3.1
Minimum adopted
The standards for maintenance and occupancy of property set forth in Section 3 through Section 43
of this by-law are hereby prescribed and adopted as the minimum standards for all property in the
Town of Essex.
Section 4 - Repair Maintenance
4.1
Duty of owner
All owners of property which is below the standards prescribed by this by-law are required to
repair and maintain such property to comply with the standards prescribed by this By-law,
except where a demolition permit, referred to in Section 43, has been obtained and remains in
effect.
Section 5 - Exterior Property Areas
5.1
Exterior property areas
5.1.1
Exterior property areas shall be maintained in a neat, tidy and safe condition and so as not
to detract from the neighbouring environment.
5.1.2
Yards, parking lots, vacant property and buildings shall be kept clean and free of litter,
rubbish, debris, salvage, refuse, decaying or damaged trees, branches and limbs, objects or
conditions that might create a health, fire, accident hazard or unsightly condition.
5.1.3
Grass, plantings and hedges shall be kept trimmed and neat. Every yard and vacant
property shall be kept free from heavy undergrowth, excessive growth of grass, weeds and
noxious plants in accordance with the Weed Control Act, R.S.O, 1990, Chapter W.5, and
amendments thereto, and the regulations made hereunder.
5.1.4
Machinery, appliances, furniture, plumbing fixtures, vehicles, trailers or parts thereof, which
are in a wrecked, discarded, dismantled, partially dismantled or abandoned condition, shall
not be stored or allowed to remain in the yard, open area or on any vacant property.
5.1.5
Storage, salvage and scrap yards whether licensed or not, shall be effectively screened from
all other property or streets by a solid line fence and materials of any kind stored or located
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Page 5
in such yards shall not be piled within three (3) feet of such fence unless the fence is
capable of sustaining any horizontal load which may be imposed upon it by the stored
materials.
5.1.6
The owner of any property used for multiple dwelling, commercial, institutional or
industrial purposes shall install and maintain around such property, suitable fences, hedges
or screening where such property is used for the parking of vehicles of tenants, employees
or customers, when used in the operation of equipment, when used for the storage of
goods or when used for any purpose which may detract from the quiet enjoyment and
good appearance of an abutting residential property.
5.2
Prohibited residential uses
5.2.1
The parking of commercial trailers is prohibited in residential zones/districts except that the
owner or occupant of any lot, building or structure in any residential zone may park not
more than one (1) commercial trailer in a private garage of which he/she is the owner or
occupant, for the housing or storage of one (1) such commercial trailer.
5.2.2
The parking of commercial motor vehicles is prohibited in residential zones except that the
owner or occupant of any lot, building or structure in any residential zone may park not
more than one (1) home service truck only with a capacity not to exceed ¾ metric tonne on
the premises; or may use any private garage of which he/she is the owner or occupant, for
the housing or storage of one (1) such commercial motor vehicle, operated by his or herself,
provided such use is for housing or storage only and such commercial motor vehicle is not
used in connection with any business or other use on the premises which is prohibited by
By-law in any such residential zone.
5.3
Removal required specific items
Without restricting the generality of Section 4.1, such maintenance includes the removal of:
5.3.1
rubbish, garbage, waste, litter and debris;
5.3.2
injurious insects, termites, rodents, vermin and other pests;
5.3.3
trees, bushes and hedges, including any branches or limbs thereof, which are dead,
decayed or damaged, and brush;
5.3.4
excessive growth of weeds, grass and bushes;
5.3.5
wrecked, dismantled, inoperative, discarded or unlicensed vehicles, trailers, machinery or
parts thereof; and
5.3.6
dilapidated or collapsed buildings, structures or erections, and the filling in or protecting of
any unprotected well.
5.4
Driveways, parking areas, paths and walkways
Driveways, parking areas, paths and walkways shall be installed and maintained in a safe condition
with non-organic ground cover.
5.5
Outside Lighting fixtures and supports
Lighting fixtures and their supports shall be installed and maintained in a safe and structurally sound
condition, and in good working order and in good repair and designed and/or positioned so as not
to project light onto abutting properties or otherwise cause a nuisance.
5.6
Ground cover erosion control
Suitable ground cover shall be provided and maintained to prevent erosion of the soil and so as to
be in harmony with the neighbouring environment. Where grass forms part of the ground cover, it
shall be re-sodded or re-seeded as often as is required to maintain the grass in a living condition.
Section 6 - Garbage
6.1
Receptacles
Every property owner/tenant shall use receptacles to contain all garbage, rubbish and ashes.
Receptacles shall be:
6.1.1
of watertight construction;
6.1.2
capable of being tightly closed;
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Page 6
6.1.3
maintained in a clean condition and;
6.1.4
made available for regular emptying or collecting.
Section 7 - Composting & Storage in The Yard
7.1
Composting Rules
All compost must be stored and kept in a yard neatly and in a contained manner so as not to allow
offensive odours to affect the surrounding neighbourhood, or to attract vermin or other animals to
the compost. Compost piles must be no larger than:
7.1.1
one (1 m3) cubic metre or three and one quarter (3.25 ft3) cubic feet in volume, and
7.1.2
one point eight (1.8 m) metres or five point nine (5.9 ft) feet in height.
7.1.3
Compost must be enclosed on all sides by concrete blocks or lumber, or be maintained
within a two hundred and five (205 l) litre or forty-five (45 gal) gallon container, a metal
frame building with a concrete floor, or a commercial plastic enclosed container designed
for composting.
7.2
Improper Composting
7.2.1
It is an offence for an Owner of Land to undertake composting in a manner contrary to that
set out in Section 7.1.
7.2.2
It is an offence for an Occupant of Land to undertake composting in a manner contrary to
that set out in Section 7.1.
Section 8 - Sewage
8.1
Sewage or organic waste shall be discharged into the municipal sewage system or a septic
tank system subject to the requirements of the Ontario Building Code, latest edition.
8.2
No sewage of any kind shall be discharged onto the surface of the ground, whether into a
natural or artificial surface drainage system or otherwise.
Section 9 - Trees, Hedges and Shrubs to be Kept Trimmed
9.1
The Owner of Land shall keep the hedges, shrubs, trees or similar growth upon the land
trimmed so as not to interfere with the use of a Highway.
9.2
The Occupant of Land shall keep the hedges, shrubs, trees or similar growth upon the land
trimmed so as not to interfere with the use of a Highway.
Section 10 - Grass To Be Kept Trimmed
10.1
The Owner of Land shall keep the grass and/or weeds upon the land trimmed so as not to
exceed twenty centimetres (8 inches) in eight.
10.2
The Occupant of Land shall keep the grass and/or weeds upon the land trimmed so
as
not to exceed twenty centimetres (8 inches) in height.
Section 11 - Grass, Trees, Bushes, Hedges, Landscaping
Grass, trees, bushes, hedges and other landscaping, non-organic ground cover and such other
alternatives approved by the Officer, required as a condition of development or redevelopment of
the site, shall be provided in living condition and maintained in a good state of repair and in good
practice
Section 12 - Noxious Plants
All properties shall be kept free from noxious plants, including ragweed, poison ivy, poison oak and
poison sumac and comply with the specifications of the Weed Control Act, R.S.O. 1990, chapter W.5,
as amended, and regulations and by-laws established thereunder.
Section 13 - Firewood Storage
13.1
No firewood shall be stored in a residential yard that fronts on a municipal street, except for
Lake front properties abutting Lake Erie. Firewood may be stored in a rear yard or side yard subject
to the following conditions;
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13.1.1
firewood stored in a side yard or rear yard shall be at least 0.6 metres (24 inches)
from every property line;
13.1.2
no piece of firewood shall exceed 0.6 metres (24 inches) in length and all firewood
shall be staked in an orderly pile;
13.1.3. on a property that is less than 0.4 hectares (1 acre) in area, no firewood pile(s) shall
exceed 1.5 metres (59 inches) in height or cover an area larger than 6.0 metres
square (64 square feet); and
13.1.4
on a property that is greater than 0.4 hectares (1 acre) in area, no firewood pile(s)
shall exceed 1.5 metres (59 inches) in height or cover an area greater than 15
metres square (160 square feet).
Section 14 - Fences, Gates, Swimming Pools & Hot Tubs
14.1
Swimming pools, wading pools, ponds and any appurtenances, including fences and gates
thereto, shall be maintained in good repair, free from leaks and free from health and safety hazards.
This does not refer to Storm Water Management Ponds.
Section 15 - Stagnant Water
15.1
All swimming pools, wading pools and hot tubs shall be kept clean of stagnant water and
any such areas that are unkept or unused shall be drained of all water found therein. This does not
refer to Storm Water Management Ponds.
Section 16 - Graffiti Removal
16.1
All property, including but not limited to, buildings, structures, fences or other objects shall
be kept clean and free of graffiti at all times.
Section 17 - Future Reference
17.1
Intentionally deleted for future reference.
Section 18 - Sensor Activated Lighting
18.1
Sensor activated lighting shall not be triggered by activity off the property.
Section 19 - Fences
19.1
Erection maintenance standards
19.1.1
A fence on a property or separating adjoining properties shall be erected and maintained:
9.1.1.1 in good repair;
9.1.1.2 in a safe and structurally sound condition;
9.1.1.3 reasonably plumb; and
9.1.1.4 unless inherently resistant to deterioration, with a protective coating of paint or
equivalent weather-resistant material.
Section 20 - Signs
20.1
Installation maintenance standards
20.1.1
A sign and any supporting structure shall be installed and maintained:
20.1.1.1 In conformance with the requirements of the Town of Essex Sign By-Law No. 355
(or as amended);
20.1.1.2 in good repair and without any visible deterioration when viewed from any other
than the property on which the sign is situated;
20.1.13 in a safe and structurally sound condition; and
20.1.14 in a reasonably vertical plane unless otherwise approved by the Town of Essex.
20.2
Unused not cared for discarded
20.2.1
A sign face area that is unused, not cared for or discarded shall be removed from the
property or shall be stored within a building.
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Section 21 - Retaining Walls
21.1 Maintenance safe, structurally sound
21.1.1
A retaining wall shall be maintained in good repair and in a safe and structurally sound
condition.
21.2
Maintenance Standards
Without restricting the generality of Section 21.1.1, such maintenance includes:
21.2.1
redesigning, repairing or replacing of all deteriorated, damaged, misaligned or missing
portions of the wall and any railings or guards appurtenant thereto;
21.2.2
installing subsoil drains where required to maintain the stability of the wall;
21.2.3
grouting masonry cracks; and
21.2.4
applying to all exposed metal or wooden components, unless inherently resistant to
deterioration, a protective coating of paint or equivalent weather-resistant material.
Section 22 - Gantries Towers, Masts - Antennae, Oil Pumps & Tanks
22.1
Maintenance standards
22.1.1
Gantries, towers, masts, antennae and structures of similar character shall be
maintained:
22.1.2
reasonably plumb;
22.1.3
in good repair;
22.1.4
in a safe and structurally sound condition; and
22.1.5
in a relatively rust-free condition.
Section 23 - Structural Capacity
23.1
Building to sustain own weight
23.1.1
A building, or any part thereof, shall be capable of sustaining its own weight together with
the loads that may be applied thereto by reason of its use and occupancy, by natural causes, such
as snow and wind and all other causes set out in the Ontario Building Code.
23.2
Safety factor standards
23.2.1
The factor of safety specified in the Ontario Building Code is the minimum standard, which
is to be met without exceeding soil capacity and the maximum differential or other
settlement
specified in the Ontario Building Code.
23.3
Structurally sound condition when deemed
23.3.1
When a building or part thereof or any other structure meets the standard set out above, it
shall be deemed to be in a structurally sound condition.
Section 24 - Unsafe Conditions
24.1
Abatement removal
24.1.1
Unsafe conditions in a building or on a property shall be abated, rectified or eliminated.
24.2
Abatement removal standards
Without limiting the generality of Section 24.1, resolution of an unsafe condition may include:
24.2.1
the provision, maintenance or repair of:
24.2.1.2 fire and gas separations and fire protection;
24.2.1.3 early warning, fire extinguishing and fire fighting equipment and devices;
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Page 9
24.2.1.4 smoke control measures appropriate for the use and occupancy of the building,
floor area, suite of rooms or space, and for the existing construction and building
services; and exit and emergency lighting.
24.2.1.5 the proper handling, storage and discharge of flammable liquids, dangerous
chemicals and other dangerous materials;
24.2.1.6 the proper storage of combustible materials so as to minimize spread of fire and
permit effective fire control;
24.2.1.7 the control of hazardous industrial processes and operations and the prevention of
explosion
24.2.1.8 the removal of garbage and refuse;
24.2.1.9 the removal or extermination of pests such as rodents, vermin and injurious
insects, including termites and cockroaches; and
24.2.1.10 the elimination of any conditions which pose or constitute an undue or
unreasonable hazard or risk to life, limb or health of any person in the building or
on or about the property.
Section 25 - Foundations, Walls, Columns and Beams
25.1
Maintenance safe structurally sound
25.1.1
The foundations, walls, columns and beams of a building shall be maintained in
good repair and in a safe and structurally sound condition.
25.2
Maintenance standards
Without restricting the generality of Section 25.1, such maintenance includes:
25.2.1 repairing or replacing decayed, damaged, weakened or missing foundations, walls,
columns and beams along with any components, claddings, finishes and trims forming
a part thereof;
25.2.2
extending the foundation walls below grade or regrading to provide adequate frost
cover;
25.2.3
shoring, jacking up or underpinning of foundations where necessary;
25.2.4
repairing or replacing decayed, damaged, weakened or missing sills, piers, posts or
other supports;
25.2.5
making sills, piers, posts or other wooden supports, repaired or replaced at or in
ground, insect proof;
25.2.6
grouting, caulking or other waterproofing of cracks and joints in foundations and walls;
25.2.7
keeping all walls free from holes and loose or unsecured objects or materials; and
25.2.8
carrying out such other work as may be necessary to overcome any settlement or
sagging which unsightly or otherwise detracts from the neighbouring environment.
Section 26 - Doors, Windows, Shutters and Hatchways
26.1
Maintenance good working order & repair
26.1.1
All doors, windows (including storm and screen windows), shutters, hatchways and
other exterior openings in a building shall be maintained in good working order and good
repair, in a safe condition and, except for screen windows, reasonably weather-tight and draft
free.
26.2
Maintenance standard
Without restricting the generality of Section 26.1, such maintenance includes:
26.2.1
repairing, refitting or replacing decayed, damaged, defective or missing doors,
windows, frames, sashes, casings, shutters, hatchways or screens;
26.2.2
keeping glazed doors, windows and other transparent surfaces reasonably clean so as
to permit unimpeded visibility and unrestricted passage of light;
26.2.3
re-glazing, or refitting with transparent glass or other material or, where permitted,
with a translucent substitute;
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Page 10
26.2.4
repairing or replacing defective, damaged or missing hardware and locking devices;
and
26.2.5
weather-stripping and caulking of doors and windows.
26.3
Opening ventilation illumination protection
26.3.1
When an exterior opening is used or required for ventilation or illumination and is not
required to be protected by a door, window or similar closure, it shall be protected with:
26.3.1.1 wire mesh screening, metal grills, or other equivalent durable material; or
26.3.1.2 other protection so as to effectively prevent the entry of rodents or vermin.
Section 27 - Stairs, Floors, Landings , Verandahs, Porches, Decks, Loading Docks and
Balconies
27.1
Maintenance safe structurally sound
27.1.1
Every stair, floor, landing, verandah, porch, deck, loading dock, balcony along with
any
guard, balustrade, railing, screen or other appurtenance attached thereto shall be
maintained in good repair and in a safe and structurally sound condition.
27.2
Maintenance standards
27.2.1
Without restricting the generality of Section 27.1, such maintenance includes:
27.2.1.1 repairing or replacing floors, treads or risers that show excessive wear or are
broken, warped, loose, depressed, protruding or otherwise defective or missing;
27.2.1.1 repairing, replacing or supporting structural members that are decayed, damaged,
weakened, loose or missing; and
27.2.1.3 providing, in accordance with the Ontario Building Code, repairing or replacing
balustrades, guards and railings.
27.3
Vacant unoccupied building exemption conditions
27.3.1
Stairs, floors, landings, verandahs, porches, decks, loading docks, balconies and every
appurtenance attached thereto within the exterior walls of a vacant or unoccupied building
are exempt from the requirements of Sections 27.1 and 27.2 provided that Section 43 of this
by-law is adhered to.
Section 28 - Roofs and Roof Structures
28.1
Maintenance safe structurally sound
Every roof, including chimneys, stacks, masts, lightning arrestors, antennae and other roof
structures shall be maintained in good repair and in a safe and structurally sound condition.
28.2
Maintenance standards
Without restricting the generality of Section 28.1, such maintenance includes:
28.2.1
removal of loose, unsecured or rusted objects or materials;
28.2.2
removal of dangerous accumulations of snow or ice;
28.2.3
keeping roofs and chimneys weather-tight and free from leaks; and
28.2.4
keeping all roof related structures reasonably plumb unless specifically designed
to be other than vertical.
Section 29 - Exterior Surfaces
29.1
Paint weather-resistant material required
Every exterior surface, not inherently resistant to deterioration, on a building or any part thereof or
appurtenance thereto shall be maintained, without visible deterioration, with a protective coating of
paint or equivalent weather-resistant material.
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Page 11
29.2 Damage by fire or other causes, repair, demolition
A building or portion thereof, damaged by fire or other causes, shall be repaired to its original
condition and as may otherwise be required by this by-law, or the building shall be demolished or
the damaged portion removed and the property left in a graded and level condition.
29.3
Repairs standards
Without restricting the generality of Section 29.1 and 29.2, such repairs shall include:
29.3.1
abating any unsafe condition; and
29.3.2
refinishing so as to be in harmony with adjoining undamaged surfaces.
29.4
Vacant unoccupied building exception
Nothing in this section shall be construed as restricting any door, window or other opening in the
exterior of a vacant or unoccupied building from being protected by preventing entry thereto for
such time as a building remains vacant or unoccupied, as is required by Sections 42 & 43 of this by-
law.
Section 30 - Interior Surfaces
30.1
Maintenance standards
Interior building surfaces shall be maintained:
30.1.1
in good repair, free from mould, holes, loose boards and broken, torn, damaged,
decayed or missing materials;
30.1.2
in a safe condition; and
30.1.3
so as to possess the fire resistant properties required by the Building and Fire
Codes.
Section 31 - Elevators and Elevating Devices
31.1
Maintenance standards
Elevators, dumbwaiters, hoists, escalators, incline lifts and other elevating devices shall be
installed and maintained:
31.1.1
In accordance with the requirements of the Elevating Service Act and any
regulations made thereunder;
31.1.2
in good working order and good repair; and
31.1.3
in a safe condition.
Section 32 - Ventilation Systems
32.1
Provision maintenance standards
Ventilation, as required by the Ontario Building and Fire Codes, shall be provided to and
maintained in all rooms and spaces within a building so as to prevent accumulations of heat,
dust, fumes, gases, including carbon monoxide, vapours and other contaminants, which may
create a fire, explosion, toxic hazard or health hazard.
32.2
Cleaning maintenance standards
Ventilation systems shall be cleaned regularly and installed, used and maintained:
32.2.1
In conformance with the requirements of the Ontario Building and Fire Codes;
32.2.2
in good working condition and good repair; and
32.2.3
in a safe condition.
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Section 33 - Heating and Mechanical Systems
33.1
Provision heat standards
All buildings shall contain a heating system capable of supplying, and distributing sufficient heat to
maintain a minimum ambient air temperature of 20 degrees Celsius (68 degrees Fahrenheit).
33.2
Space not normally heated exception
The heating system and temperature required need not be provided for spaces not normally heated.
33.3
Hot water adequate supply required
An adequate supply of hot water with a temperature range from 45 to 49 degrees Celsius (113 to
120 degrees Fahrenheit) shall be provided and maintained in all dwelling units.
33.4
Maintenance standards
The heating system and hot water system required and other mechanical systems shall be provided,
maintained and operated:
33.4.1
In accordance with the respective requirements of the Ontario Building/Fire Codes and any
regulations thereunder;
33.4.1.1 in good working order and good repair; and
33.4.1.2 in a safe condition.
Section 34 - Electrical Systems
34.1
Connection with electrical supply system
A dwelling unit and, where required by the Ontario Building or Electrical Safety Codes, a
building shall be connected to an electrical supply system and shall be wired to receive
electricity.
34.2
Connection system standards
34.2.1
The connection to the building and the system of circuits and outlets distributing the
electrical supply within the building shall provide adequate capacity for the use and intended use of
the building and such connections, circuits, wiring and outlets along with any fuses, circuit breakers
and other appurtenances thereto shall be installed and maintained:
34.2.1.1 in compliance with the respective requirements of the Electrical Safety, Building
and Fire Codes;
34.2.1.2 in good working order and good repair; and
34.2.1.3 in a safe condition.
Section 35 - Drainage Plumbing Systems
35.1 Provision maintenance standards
Drainage and plumbing systems on a property shall be provided, installed and maintained:
35.1.1
In compliance with the requirements of the Ontario Building, Environmental
Protection Act and any regulation thereunder;
35.1.2
in good working order and good repair; and
35.1.3
in a safe condition.
35.2
Eavestrough gutters downpipes standards
Where water runoff from roof surface is discharged by way of eaves troughs or roof gutters and
downpipes, they shall be installed and maintained in good working order and maintained in good
repair, watertight and free from leaks and in a safe condition.
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Page 13
35.3
Downpipe sump pump grading standards
Downpipes, sump pump and discharge lines shall be designed, provided and maintained so as to
discharge water runoff away from the building and to prevent flooding, erosion and other nuisance
to neighbouring properties.
Section 36 - Refuse Disposal Facilities
36.1
Design installation maintenance standards
All refuse disposal facilities shall be designed, installed and maintained as required by the Ontario
Building Code and any applicable by-law.
36.2
Containers receptacles external screened covered
External containers and receptacles, where permitted, shall be screened from the view of
neighbouring properties and shall be provided with covers so that any material contained therein
shall not be exposed to view or to rodents, vermin, insects or other pests. Such covers shall be
provided at all times, except when the containers or receptacles are actually being filled or emptied.
36.3
Garbage chutes rooms containers standards
Garbage chutes, disposal rooms, containers and receptacles shall be washed down, disinfected and
maintained as is necessary to be clean, odor free and in good working order and good repair.
Section 37 - Recreational Facilities
37.1
Installation maintenance safe continuous use
Recreational areas, structures, rooms and other facilities required by the Town of Essex for the
indoor and outdoor use of the occupants of a building shall be provided, installed, repaired and
cleaned as is necessary in order to maintain them in a safe condition and available for use on a
continuous basis at all reasonable hours.
37.2
Equipment recreational standards
Equipment meeting the recreational needs of the occupants of the building shall be provided and
maintained in such facilities in good working order, in good repair and in a safe condition.
Section 38 - Residential Occupancy
38.1
Non-habitable space use prohibited
No person shall use or cause or permit to be used non-habitable space for the purpose of a
habitable room unless such room satisfies all applicable provisions of the Ontario Building Code for
occupancy.
38.2
Dwelling use occupancy standards
38.2.1 No portion of a dwelling shall be used for residential occupancy unless:
38.2.1.1 the floors, walls and ceilings within a building and the exterior walls, roofs and any
openings therein are watertight and reasonably free from dampness and drafts;
38.2.1.2 every habitable room, except a kitchen, contains one or more windows or skylight
that:
38.2.1.2.1
open directly to the outside air; and
38.2.1.2.2
have a total light transmitting area and openable ventilation area
of not less than that required by the Ontario Building Code.
38.2.1.3 All windows and skylights are:
38.2.1.3.1
glazed or fitted with an appropriate transparent material;
38.2.1.3.2
provided with hardware and locking devices;
38.2.1.3.3
maintained in good working order and good repair; and
38.2.1.3.4
if required for ventilating purposes, capable of being easily
opened and closed at all times.
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Page 14
38.2.1.3.5
the heating system is capable of maintaining a minimum air
temperature of 21 degrees Celsius (70 degrees Fahrenheit),
unless otherwise acceptable to the occupant;
38.2.1.3.6
an adequate and safe supply of potable water is provided and
maintained at all times;
38.2.1.3.7
an adequate supply of hot water with a temperature range from
60 to 78.3 Celsius (140 to 165 degrees Fahrenheit) is provided and
maintained at all times;
38.2.1.3.8
toilet, washing and other sanitary facilities are provided and
maintained in accordance with the Ontario Building Code; and
38.2.1.3.9
it is insulated to minimize heat loss, air infiltration and moisture
condensation on the interior surfaces of walls, ceilings and floors
as required by the Ontario Building Code or other repairs shall be
affected which the Officer deems to be equivalent.
Section 39 - Egress
39.1
Continuous unobstructed from interior
Every dwelling shall have safe, continuous and unobstructed passage or means of egress from the
interior of each dwelling unit contained therein to the exterior of the dwelling at or near street or
grade level.
39.2
Second means of egress where required
Except as provided in Section 39.3, every dwelling, containing dwelling units located above or below
the ground floor or the first floor above the ground floor, shall provide a second means of egress
from such dwelling units to the exterior of the dwelling to grade or ground level.
39.3
Second means of egress where not required
A second means of egress shall not be required from any dwelling unit having a separate or self-
contained means of egress to the exterior of the dwelling at or near grade level.
39.4
Enclosed through another unit prohibited
A required means of egress shall not pass through an attached or built-in garage or an enclosed part
of another dwelling unit.
Section 40 - Multiple Occupancy Buildings
40.1
Garages, walkways and access lanes
Light fixtures shall be installed and maintained to illuminate the steps, walkways, driveways and
parking areas of a yard to afford safe passage.
40.2
Storage Garages
All storage garages shall have lighting fixtures maintained in a good working condition, and
40.2.1
shall be illuminated by natural means where available, and by an adequate number of
light fixtures, or the painting of walls, columns and ceilings white in colour, or any
combination thereof so as to maintain an average level of illumination of at least fifty
lux (4.6 foot candles);
40.2.2
shall have a level of illumination at any location on the floor of not less than eleven lux
(1foot candle);
40.2.3
shall have all ventilation systems maintained in a good working condition;
40.2.4
shall have all emergency exit routes and doors maintained in a good working condition
and free from all obstructions;
40.2.5
shall have all exit signs provided and maintained in accordance with the requirements
of the Ontario Building Code and Fire Code;
40.2.6
shall have all floor drains in good working condition and free from all obstructions.
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Page 15
40.3
Refuse disposal
Multiple occupancy residential buildings shall provide sufficient rooms with containers and
receptacles to safely contain all garbage, rubbish, ashes, waste and other refuse, which shall not be
allowed to accumulate but which shall be removed or made available for removal in accordance
with all applicable by-laws.
40.4
Refuse facility design and installation
The facilities required by Section 6 shall be designed and installed as required by the Ontario
Building Code.
Section 41 - Vacant Property
41.1
Protection, fire accident damage, other dangers
The owner of any vacant or unoccupied building shall protect such building against the risk of fire,
accident, damage or other danger thereto or to adjoining premises by effectively preventing the
entry thereto by all unauthorized persons.
41.2
Protection standards
Without restricting the generality of Section 41.1, protection may include the boarding up with:
41.2.1
tight fitting plywood;
41.2.2
rigid, composite panels; or
41.2.3
sheathing boards installed within the reveal of the exterior cladding and securely
fastened to every doorway, window or wall opening that constitutes a means of access or
hazard.
41.3
Boarding installation maintenance
All such boarding shall be installed and maintained in good repair and, unless inherently resistant to
deterioration, with a protective coating of paint or equivalent weather-resistant material.
41.4
Utilities disconnection security
Where a building remains vacant or unoccupied for a period of more than 90 days, the owner shall
ensure that all utilities serving the building, that are not required for the safety or security thereof,
are properly disconnected or otherwise secured to prevent risk of fire, accident, damage or other
danger to the property or adjoining premises.
Section 42 - Vacant Lands and Buildings
42.1
Vacant lands
42.1.1
All repairs and maintenance of property shall be carried out with suitable and sufficient
materials and in a manner accepted as good workmanship within the trades concerned.
All new construction or repairs shall conform to the Ontario Building Code Act where applicable.
42.1.2
Vacant land shall be maintained to the standards as described in Section 5, of this bylaw.
42.1.3
Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding
of water.
42.2
Vacant buildings
42.2.1
Vacant buildings shall be kept cleared of all garbage, rubbish 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 property.
42.2.2
The owner or agent of a vacant building shall board up the building to the satisfaction of
the Property Standards Officer. At a minimum, the owner or agent of a vacant building shall cover all
openings through which entry may be obtained with at least 12.7mm (0.5inch) weatherproof sheet
plywood securely fastened and painted colour compatible with the surrounding walls without
restricting the provisions contained in Section 41.
By-Law No. 936
Page 16
Section 43 - Demolition
43.1
Permit required posting
No person shall commence, conduct or permit to be commenced or conducted any work in the
nature of demolition or removal of a building or part thereof, unless they obtain a permit therefore
from the Chief Official in compliance with the Building Code Act and post such permit in a
prominent position on the demolition site.
43.2
Walls remaining structurally sound weather-tight
The owner of any building or part thereof being demolished shall leave any remaining wall or walls
(including any former party wall or walls, whether separately or jointly owned) structurally sound,
weather-tight, in a safe condition and in conformity with the standards in the Ontario Building Code.
43.3
Site cleared cleaned maintained
43.3.1
Upon completion of demolition, the entire site shall be cleared and cleaned of all
construction materials, building fixtures and contents and debris, left free from holes or
excavations and provided and maintained with a suitable ground cover satisfactory to the Officer.
Section 44 - Enforcement and Administration
44.1
Inspection of property
An Officer (subject to clause 44.43 hereof) may, upon producing proper identification, enter upon
any property at any reasonable time without a warrant for the purpose of inspecting the property to
determine:
44.1.1
whether the property conforms with the standards prescribed in this by-law; or
44.1.2
whether an order made under Section 44.2 has been complied with.
44.2
Contents of order
An Officer who finds that a property does not conform with any of the standards prescribed in this
by-law may make an order:
44.2.1
stating the municipal address or the legal description of the property;
44.2.2
giving reasonable particulars of the repairs to be made or stating that the site is to be
cleared of all buildings, structures, debris or refuse and left in a graded and leveled
condition;
44.2.3
indicating the time for complying with the terms and conditions of the order and giving
notice that, if the repair or clearance is not carried out within that time, the Town of Essex
may carry out the repair or clearance at the owner's expense; and
44.2.4
indicating the final date for giving notice of appeal from the order.
44.3
Service and posting of order
44.3.1
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.
44.4
Removal prohibited
44.4.1
Where any sign, notice, order or placard has been placed on any premises pursuant to this
by-law, no person shall remove such sign, notice or placard from the premises without the authority
of the Officer.
44.5
Registration of order
44.5.1
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 under
section 44.3.1 and, when the requirements of the order have been satisfied, the Clerk of the Town
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.
By-Law No. 936
Page 17
44.6
Property standards committee establishment
44.6.1
There shall be and hereby established, a Property Standards Committee of at least
three (3) ratepayers of the Town of Essex to be appointed for a three (3) year term.
44.7
Filling of vacancies
44.7.1
The Council of the Town of Essex shall forthwith fill any vacancy that occurs in the
membership of the Committee.
44.8
Compensation
44.8.1
The members of the Committee shall be paid such compensation as the Council may
provide.
44.9
Chair
44.9.1
The members shall elect a chair from among themselves; when the chair is absent
through illness or otherwise, the Committee may appoint another member as acting
chair.
44.10 Quorum
44.10.1 A majority of the members constitutes a quorum for transacting the Committee's business.
44.11 Secretary
44.11.1 The members shall provide for a secretary for the Committee.
44.12 Rules of procedure and oaths
44.12.1 The Committee may, subject to Section 44.13, adopt its own rules of procedure and
any
member may administer oaths.
44.13 Where committee required to give notice
44.13.1 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.
44.14 Appeal of order
44.14.1 An owner or occupant who has been served with an order made under Section 44.2 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 with the order.
44.15 Confirmation of order
44.15.1 An order that is not appealed within the time referred to in Section 44.14.1 shall be deemed
to be confirmed.
44.16 Powers of committee on appeal
44.16.1 If an appeal is taken, the Committee has all the powers and functions of the officer who
made the order and the Committee may do any of the following things if, in the Committee's
opinion, doing so would maintain the general intent and purpose of the by-law and of the official
plan or policy statement;
44.16.1.1 confirm, modify or rescind the order to demolish or repair;
44.16.1.2 extend the time for complying with the order if, in the Committee's opinion, the
general intent and purpose of the by-law and of the Official Plan are maintained.
44.17 Appeal to Ontario Court
44.17.1 The Town in which the property is situate or any owner or occupant or person affected by a
decision under Section 44.16 may appeal to the Ontario Superior Court of Justice by notifying the
Clerk of the Town of Essex in writing and by applying to the Ontario Superior Court of Justice for an
appointment within 14 days after the sending of a copy of the decision.
By-Law No. 936
Page 18
44.18 Appointment
44.18.1 The Ontario Superior Court of Justice shall appoint, in writing, a time and place for the
hearing of the appeal and may direct in the appointment the manner in which and upon whom the
appointment is to be served.
44.19 Judge's powers
44.19.1 On the appeal, the judge has the same powers and functions as the Committee.
44.20 Effect of decisions
44.20.1 An order that is deemed to be confirmed under Section 44.15 or that is confirmed or
modified by the Committee under Section 44.16 or a judge under Section 44.19, as the case may be,
shall be final and binding upon the owner and occupant who shall carry out the repair or demolition
within the time and in the manner specified in the order
44.21 Power of Town of Essex
44.21.1 If an order of an Officer is not complied with in accordance with the order as deemed
confirmed or as confirmed or modified by the Committee or a judge, the Town of Essex may cause
the property to be repaired or demolished accordingly.
44.22 Warrantless entry
44.22.1 For the purpose of Section 44.21, employees or agents of the Town of Essex may enter the
property at any reasonable time without a warrant in order to repair or demolish the property.
44.23 No liability
44.23.1 A municipal corporation or a person acting on its behalf is not liable to compensate the
owner, occupant or any other person by reason of anything done by or on behalf of the Town of
Essex in the reasonable exercise of its powers under Section 44.21.1.
44.24 Municipal lien
44.24.1 The Town of Essex shall have a lien on the land for the amount spent on the repair
or
demolition under Section 44.21.1 and the amount shall be deemed to be municipal real property
taxes and may be added by the Clerk of the Town of Essex to the collector's roll and collected in the
same manner and with the same priorities as municipal real property taxes.
44.25 Certificate of compliance
44.25.1 An Officer who, after inspecting a property, is of the opinion that the property is in
compliance with the standards established in this by-law may issue a certificate of compliance to the
owner.
44.26 Request for certificate
44.26.1 An Officer shall issue a certificate to an owner who requests one and who pays the fee set
by the Council of the Town of Essex in which the property is located.
44.27 Fee for certificate
44.27.1 A Council of a Town of Essex may set a fee for the issuance of a certificate.
44.28 Emergency order
44.28.1 If upon inspection of a property the Officer is satisfied that there is non-conformity with the
standards in a by-law to such extent as to pose an immediate danger to the health or safety of any
person, the Officer may make an order containing particulars of the non-conformity
requiring
remedial repairs or other work to be carried out immediately to terminate the danger.
44.29 Service of emergency order
44.29.1 The order shall be served on the owner of the property and such other persons
affected thereby as the Officer determines and a copy shall be posted on the property.
By-Law No. 936
Page 19
44.30 Emergency powers
44.30.1 After making an order under Section 44.28, the Officer may, either before or after the
order is served, take any measures necessary to terminate the danger and, for this purpose, the
Town of Essex may, through its employees and agents, at any time enter upon the property in
respect of which the order was made without a warrant.
44.31 No liability
44.31.1 A municipal corporation or a person acting on its behalf is not liable to compensate the
owner, occupant or any other person by reason of anything done by or on behalf of the Town of
Essex in the reasonable exercise of its powers under Section 44.30.
44.32 Service
44.32.1 If the order was not served before measures were taken to terminate the danger, the
Officer shall serve copies of the order in accordance with Section 44.29 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 by the Town of Essex and providing details of the amount
expended in taking the measures.
44.33 Service of statement
44.33.1 If the order was served before the measures were taken, the Officer shall serve a copy of the
statement mentioned in Section 44.32 in accordance with Section 44.29 as soon as practicable after
the measures have been taken.
44.34 Application to court
44.34.1 As soon as practicable after the requirements of Section 44.32 or Section 44.33 have been
complied with, the Officer shall apply to a judge of the Ontario Superior Court of Justice for an order
confirming the order made under Section 44.28.1 and the judge shall hold a hearing for that
purpose.
44.35 Powers of judge
44.35.1 The judge in disposing of an application under Section 44.34 shall:
44.35.1.1
confirm, modify or rescind the order; and
44.35.1.2
determine whether the amount spent on measures to terminate the danger may
be recovered in whole, in part or not at all.
44.36 Order final
44.36.1 The disposition under Section 44.35 is final.
44.37 Municipal lien
44.37.1 The amount determined by the judge to be recoverable shall be a lien on the land and
shall be deemed to be municipal real property taxes and may be added by the Clerk
of the Town
of Essex to the collector's roll and collected in the same manner and with the same priorities as
municipal real property taxes.
44.38 Inspection powers of Officer
44.38.1 For the purposes of an inspection under this by-law, an Officer may,
44.38.1.1 require the production for inspection of documents or things, including drawings or
specifications, that may be relevant to the property or any part thereof;
44.38.1.2 inspect and remove documents or things relevant to the property or part thereof for
the purpose of making copies or extracts;
44.38.1.3 require information from any person concerning a matter related to a property or
part thereof;
44.38.1.4 be accompanied by a person who has special or expert knowledge in relation to a
property or part thereof;
44.38.1.5 alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the
purposes
of
the inspection; and
By-Law No. 936
Page 20
44.38.1.6 order the owner of the property to take and supply at the owner's expense such tests
and samples as are specified in the order.
44.39 Samples
44.39.1 The Officer shall divide the sample taken under Section 44.38.1.5 into two parts and
deliver one part to the person from whom the sample is taken, if the person so requests at the time
the sample is taken and provides the necessary facilities.
44.40 Same
44.40.1 If an Officer takes a sample under clause 44.38.1.5 and has not divided the sample into two
parts, a copy of any report on the sample shall be given to the person from whom the sample was
taken.
44.41 Receipt
44.41.1 An Officer shall provide a receipt for any document or thing removed under clause
44.38 and shall promptly return them after the copies or extracts are made.
44.42 Evidence
44.42.1 Copies of or extracts from documents and things removed under this section and
certified as being true copies of or extracts from the originals by the person who made
them are admissible in evidence to the same extent as and have the same evidentiary
value as the originals.
44.43 Entry to dwellings
44.43.1 An inspector or Officer shall not enter or remain in any room or place actually being used as
a dwelling unless;
44.43.1.1
the consent of the occupier is obtained, the occupier first having been informed
that the right of entry may be refused and entry made only under the authority of a
warrant issued under the Building Code Act 1992;
44.43.1.2
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;
44.43.1.3
the entry is necessary to terminate a danger under Section 44.28 or 44.30;
44.43.1.4 the requirements of Section 44.20 are met and the entry is necessary to remove
a
building or to remove an unsafe condition under or to repair or demolish
under
Section 44.22.
44.43.1.5
a warrant issued under the Building Code Act, 1992.
44.44 Notice
44.44.1 Within a reasonable time before entering the room or place for a purpose described in
clause 44.29, 44.43.1.4, the inspector or Officer shall serve the occupier with notice of his
or
her
intention to enter it.
44.45 Issue fee payable
44.45.1 Where an inspection of a property has taken place following a complaint, the Officer
may, or on the request of an owner shall, issue to the owner a Certificate of Compliance if, the Officer
is satisfied the matter complained of has been remedied in order to comply with the standards of
this by-law, and where it is issued at the request of the owner, the fee payable therefore by the
owner to the Town of Essex shall be in an amount as prescribed by Council from time to time.
Section 45 - Penalty Provisions
45.1
Contravention offence
45.1.1
Every person who contravenes any provision of this by-law is guilty of an offence.
45.2
Fine for contravention owner
45.2.1
An owner is liable, upon conviction, to a fine or not more than Fifty Thousand
Dollars ($50,000) for a first offence and to a fine of not more than One Hundred Thousand Dollars
($100,000) for a subsequent offence.
By-Law No. 936
Page 21
45.3
Fine for contravention corporation
45.3.1
Notwithstanding Section 45.2.1, a corporation is liable, upon conviction to a fine of not
more than One Hundred Thousand Dollars ($100,000) for a first offence and to a fine of not more
than Two Hundred Thousand Dollars ($200,000) for a subsequent offence.
Section 46 - Severability
46.1
Severability
46.1.1
It is hereby declared that each and every of the foregoing provisions of this by-law is
severable and that, 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 of the then
remaining provisions hereof shall remain in full force and effect.
Section 47 - Repeal
47.1
By-Laws - previous
47.1.1
By-Law No. 191 and any other by-law or portions of by-law, to the extent that it is
inconsistent with the provisions of this by-law, are hereby repealed.
47.2
Effective Date
47.2.1
This By-Law shall come into force and take effect on the day of the passing hereof.