This is the exact embedded text of the captured official document.
Snapshot 7c7b4e87d75a · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
I
THE CORPORATION OF THE TOWN OF GRAVENHURST
BY-LAW NO. 2025-43
Being a By-Law to Prescribe Standards for the Maintenance and Occupancy of Property
Within the Town of Gravenhurst, and to Repeal By-Law 2004-18
WHEREAS under s. 15.1 of the Building Code Act, 1992, S.O. 1992, c. 23 a by-law may be passed by
the Council of a municipality prescribing standards for the maintenance and occupancy of property
within a municipality; prohibiting the occupancy or use of such property that does not conform with the
standards to be repaired and maintained to conform with the standards, providing that the official plan
for the municipality includes provisions relating to the property conditions;
WHEREAS Section 15.4.1 of the Building Code Act, 1992, S.O. 1992, c. 23 provides that a
municipality may require a person to pay an administrative penalty if the municipality is satisfied that
a person has failed to comply with:
(a)
a by-law of the municipality passed under Section 15.1; or
(b)
an order of an officer under Section 15.2 (2) as deemed confirmed or as confirmed or
modified by the committee or a judge under section 15.3.2017, c. 34, Sched. 2, s. 10.;
AND WHEREAS Section 15.4.2 of the Building Code Act, 1992, S.O. 1992, c. 23 provides than an
administrative penalty imposed by a municipality on a person constitutes a debt of the person to the
municipality;
WHEREAS Section 6(1) of the Building Code Act provides for the establishment of a Property
Standards Committee;
AND WHEREAS the Council of The Corporation of the Town of Gravenhurst deems it desirable to
enact a by-law for prescribing minimum standards for the maintenance and occupancy of property
within the Town of Gravenhurst and to appoint a Property Standards Committee;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRA VENHURST
ENACTS AS FOLLOWS:
1.
DEFINITIONS
1.1
Accessory Building means a subordinate building or structure, on the same lot as
the main building or a part of the main building devoted exclusively to a use naturally
and normally incidental to, subordinate to, and devoted exclusively to the main use of
the property;
1 .2
Adverse Effect means one or more of,
(a)
impairment of the quality of the natural environment for any use that can be
made of it,
(b)
injury or damage to property or to plant or animal life,
(c)
harm or material discomfort to any person,
(d)
an adverse effect on the health of any person,
( e)
impairment of the safety of any person,
(f)
rendering any property or plant or animal life unfit for human use,
(g)
loss of enjoyment of normal use of property, and,
(h)
interference with the normal conduct of business;
By-law 2023-43
Page2
Property Standards
1.3
Air means open air not enclosed in a building, structure, machine, chimney, stack or
flue;
1.4
Alter means to change in any manner and includes to restore, renovate, repair, or
disturb and "alteration" has a corresponding meaning;
1.5
Basement means that portion of a building below the first storey;
1.6
Building means as defined in the Building Code Act;
1.7
Building Code means the Ontario Regulation 350/06, as amended, or other
regulations made under section 34 of the Building Code Act;
1.8
Business Day means a day from Monday to Friday inclusive, other than a holiday as
defined in section 87 of the Legislation Act, 2006, S.O. 2006, c. 21, Schedule F;
1.9
Certificate of Compliance means a written opinion of property compliance with the
standards contained in this By-law issued under Section 15.5 (1) of the Building Code
Act;
1.10
Chief Building Official means the chief building official for the Town of Gravenhurst
or their designate;
1.11
Construction Fence means a temporary fence erected on or around a Property or a
portion of a Property to protect a site where construction or demolition is occurring or
is contemplated to occur, "Hoarding" shall have the same meaning;
1.12
Contaminant means any solid, liquid, gas, odour, heat, sound, vibration, radiation or
combination of any of them resulting directly or indirectly from human activities that
causes or may cause an adverse effect;
1.13
Council means the Council of the Town of Gravenhurst;
1 .14
Demolish means to do anything in the removal of a building or any material part
thereof and "demolition" has a corresponding meaning;
1.15
Dwelling means a building or structure or any part of which is, or is intended to be,
used for the purpose of human habitation and includes a building that is or would be
intended to be used for such purposes except for its state of disrepair;
1.16
Dwelling Unit or Rental Dwelling Unit means a place of residence with one or more
habitable rooms containing separate kitchen and bathroom facilities for private use as
a single housekeeping unit;
1.17
Fees and Charges Schedule means the Town's current Fees and Charges Schedule
as approved by Council;
1.18
Fence means barrier, railing, or other upright structure, typically of wood or
wire, enclosing an area of ground to mark a boundary, control access, or prevent
escape;
1.19
Fire Code means Ontario Regulation 213/07 under the Fire Protection and Prevention
Act, 1997, S.O. 1997, c. 4;
By-law 2023-43
Page3
Property Standards
1.20
Floor Area means the aggregate area of a building contained within the exterior walls,
but does not include attic or basement space;
1.21
Grade means the average level of proposed or finished round adjoining a building at
all exterior walls;
1.22
Ground Cover means organic or non-organic material applied to prevent soil erosion
such as concrete, flagstone, gravel, asphalt, grass or other landscaping;
1 .23
Guard means a protective barrier around openings in floors or at the open sides of
stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations
to prevent accidental falls from one level to another;
1 .24
Habitable Room means any room in a dwelling or dwelling unit used or intended to be
used for living, eating, sleeping, or cooking, and without limiting the forgoing shall
include den, library, sunroom, or recreational room or any combination thereof;
1 .25
District means The District Municipality of Muskoka;
1.26
Injurious Insects means any insect that has or that is likely to have an adverse effect
on the health of any person or any insect that is capable of causing structural damage
to a building or structure, including termites and carpenter ants;
1 .27
Landlord means and includes:
(a)
the owner or other person permitting occupancy of a dwelling or dwelling unit;
(b)
the heirs, assigns, personal representatives and successors in title of a person
referred to in clause (a) above; and,
(c)
a person, other than a tenant occupying a rental unit, who is entitled to a
possession of the building and who attempts to enforce any of the rights of a
landlord under a tenancy agreement, including the right to collect rent;
1 .28
Naturalized Area means an area or vegetation deliberately planted or cultivated
with one or more species of wildflowers, shrubs, annuals, perennials, ornamental
grasses, or combination or them, that is monitored and maintained by a person;
1.29
Natural Element means soil, rock, water and vegetation, and includes a landform,
hill, mound, berm, watercourse, water body, ditch, spring, wetland or forest,
whether designed or otherwise;
1.30
Non-Residential Property means property not occupied, in whole or in part, for the
purpose of human habitation;
1.31
Occupant means any person or persons over the age of eighteen (18) years
residing at a property;
1.32
Officer means any person authorized by the Town to enforce by-laws and includes
Municipal Law Enforcement Officers;
1 .33
Outdoor Living Space means an area outside a home that is designed for
relaxation, entertainment or recreational activities that are an extension of an indoor
living area, including but not limited to decks, porches, patios, outdoor kitchens,
By-law 2023-43
Page4
Property Standards
barbeque areas and seating areas;
1 .34
Owner means and includes:
(a)
the registered owner of the property;
(b)
the person, for the time being, managing or receiving the rent from a building on
the property, whether on the person's own account or as agent or trustee of any
other person, or who would receive the rent if the building on the property were
let;
(c)
an occupant of a building on the property; and,
(d)
a lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of property;
1.35
Parking Garage means a building, or part thereof, used for the parking of
vehicles and may include any permitted use in the first storey, but shall not
include any area where vehicles for sale or repair are kept or stored. A parking
garage includes underground parking and a parking structure;
1 .36
Penalty Notice means a notice issued pursuant to Section 17 of this By-law;
1.37
Person means an individual, corporation, unincorporated association or
partnership;
1 .38
Pests means rodents, vermin and/or injurious insects;
1.39
Property means the same as Yard, and includes such terms as:
a)
lot;
b)
side yard;
c)
rear yard;
d)
interior side;
e)
yard; and,
f)
exterior side yard;
1 .40
Public Property means property that is owned by the Town or any of its boards and
agencies, District of Muskoka, the Crown in Right of Ontario or any of its agencies or
property of the Crown in Right of Canada or any of its agencies;
1.41
Recyclable material includes, but is not limited to, the following material:
(a)
glass, including bottles and jars, but not broken glass, light bulbs, mirrors,
plate glass or ceramics;
(b)
tin and aluminum cans;
(c)
plastic soft drink bottles;
(d)
newspapers; and,
(e)
corrugated cardboard;
1.42
Rental Unit means a dwelling unit used, or intended to be used, as a residential rental
property;
By-law 2023-43
Page 5
Property Standards
1.43
Repair includes the provision of facilities, the making of additions or alterations or the
taking of any other action that may be required to ensure that a property conforms with
the standards established in this By-law;
1 .44
Residential Rental Property includes a rental unit and the yards;
1.45
Retaining Wall means a wall designed to contain and support fill which has a finished
grade higher than that of adjacent lands;
1.46
Roof means covering of the top of a building or space, serving to protect against weather,
or extremes of temperature and includes an awning, portico, overhang, cantilevered
overhang and canopy;
1.47
Sewage System means the District of Muskoka's sanitary sewer system, or a private
sewage disposal system approved by the Town or the Ministry of the Environment,
Conservation and Parks;
1.48
Sign means any sign or sign structure which is expressly designed for temporary or
permanent placement or erection on a site which is constructed to support, carry, or
display an area designed for the temporary placing of copy, letters, or messages;
1 .49
State Of Good Repair means:
(a)
in conformity with the Building Code Act and the Building Code, the Municipal
Act, an order, or by-law;
(b)
structurally sound;
(c)
not broken, rusted, rotten or in a hazardous condition;
(d)
not maintained in an unsightly condition;
(e)
in proper working order; and,
(f)
adequately protected by weather-resistant material, if applicable;
1.50
Structure means a building or other manufactured thing erected on land by humans that
is distinct in visual form and materials from the land itself and natural elements and
includes any structure designated under the Building Code, as amended, a building
permit for which has been issued under the authority of the Building Code Act;
1.51
Swimming Pool means a structure designed to hold water to enable swimming and
associated activities and includes a hot tub or landscape pond meeting the above criteria,
but for purposes of this By-law does not include any pool which is:
(a)
a pond or reservoir to be utilized for farming purposes or as part of a golf
course,
(b)
a pool owned by any public or governmental body, agency or authority,
( c)
an existing natural body of water or stream; or,
(d)
a privately owned stormwater management facility;
1.52
Tenant means a person who pays rent or is required to pay rent in return for a right to
occupy a rental unit;
1.53
Town means The Corporation of the Town of Gravenhurst;
By-law 2023-43
Page6
Property Standards
1.54
Unsightly Condition means an unorganized, generally unattractive condition that lacks
general maintenance and upkeep, or an excessive or unreasonable accumulation of
items or materials;
1.55
Visual Barrier means a barrier that acts as a screen consisting of:
(a)
a wall or fence;
(b)
a continuous planting of suitable and healthy trees or shrubs;
(c)
an earth berm; or,
(d)
any combination of the above.
1.56
Waste means a substance or material that is unusable or unwanted and includes but is
not limited to:
(a)
rubbish, garbage, brush, litter, debris, bottles, cans, packing materials, paper,
clothing, bulk waste, recyclable materials;
(b)
food scraps, bones or organic waste;
(c)
human or pet excrement;
(d)
appliances and parts of such appliances designed for interior use;
( e)
indoor furniture and household effects;
(f)
exterior furniture that becomes dilapidated;
(g)
dilapidated landscape or garden features such as awnings, marquees,
canopies, pergolas, trellis, lattice, statues and benches;
(h)
broken or discarded material;
(i)
inoperable machinery or mechanical equipment, or parts thereof, or other
objects or parts thereof;
U)
parts of vehicles not packaged for immediate shipment, including worn
automobile tires, used oil, and automotive parts;
(k)
articles, things, matter or effluent or any part thereof derived from or made or
consisting of:
(i)
agricultural;
(ii)
animal;
(iii) vegetable;
(iv) paper;
(v)
lumber or wood products;
(vi) mineral, metal or chemical products; or,
(vii) lubricants, oils or hydrocarbons regardless of whether the products are
used, manufactured or otherwise processed;
(I)
material resulting from construction, demolition, repair or renovation projects,
including soil or rock fill;
(m) piping, ducting, tubing, conduits, cable, wire and fittings or related accessories
not packaged for immediate shipment;
(n)
waste lumber;
(o)
items in an unsightly condition;
(p)
torn or cut branches or twigs, leaves, yard waste, stumps and similar
vegetative waste; or,
(q)
without restricting the foregoing, any unused or unusable material that by
reason of its state, condition or excess accumulation:
(i)
has been cast aside, discarded or abandoned, whether of any value or
not;
By-law 2023-43
Page 7
Property Standards
(ii)
(iii)
has been used up, in whole or in part, whether of any value or not; or,
has been expended or worn out, in whole or in part, whether of any
value or not;
1.57
Yard means any open, uncovered, unoccupied space appurtenant to a building;
1.58
Zoning By-law means the Town's Zoning By-law, as amended.
2.
APPLICATION AND INTERPRETATION
General
2.1
This By-law applies to all property within the Town of Gravenhurst.
2.2
For the purpose of this By-law, unless otherwise stated to the contrary, the provisions
prescribed shall be held to be the minimum standards for the promotion of the public
health, safety, comfort, convenience and general welfare and are not intended to
detract from the standards found in any other applicable by-laws or legislation.
2.3
Subject to Section 2.4, the owner of property which does not conform to the
standards prescribed in this By-law shall repair and maintain the property to conform
to the standards or the property shall be cleared of all buildings, structures or waste
and left in a graded and leveled condition.
2.4
This By-law does not apply to matters which, in the opinion of the Manager of By-
law Services, are minor in nature.
Property Standards Committee
2.5
A Property Standards Committee shall be established in accordance with Section
15 of the Building Code Act, as amended, to hear appeals of Orders issued under
this By-law.
2.6
The membership of the Property Standards Committee shall be as set out in the
Terms of Reference.
Prohibitions
2.7
No person shall use or occupy, or permit the use or occupancy, or consent to the use
or occupation of any property that does not conform to the standards prescribed in this
By-law.
2.8
No owner shall fail to maintain their property in conformity with the standards
prescribed in this By-law.
2.9
No owner shall fail to comply with an Order issued by an Officer under this By-law.
2.10
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
who is exercising a power or performing a duty under this By-law.
By-law 2023-43
Page8
Property Standards
2.11
No person shall fail to comply with a directive issued by an Officer under this By-law.
2.12
Where applicable, every owner shall obtain a building permit prior to making repairs.
Repairs
2.13
All repairs shall be made in a good and workerlike manner, using only materials
that are suitable for the purpose and free from defects. Without limiting the
foregoing, this shall include:
(a)
ensuring the component repaired can perform its intended function;
(b)
finishing the repair in a manner that is reasonably compatible in design and
colour with the adjoining finishing materials;
(c)
maintaining an appearance that is consistent with the surrounding
environment;
(d)
being carried out with a degree of efficiency and knowledge possessed by those
with a skill set, competency, and standing in a particular trade and in
accordance with recognized industry best practices; and,
(e)
where required by law, carried out by a duly qualified and/or licensed person.
Structural System
2.14
A building, and every structural system or component serving a part thereof, shall be
capable of sustaining its own weight together with the loads that may be imposed by
the use and occupancy therein and by natural causes such as snow and winds.
Doubt as to Structural Condition
2.15
If, in the opinion of an Officer, there is doubt as to the structural condition of a building
or structure or parts thereof, an Officer may issue Directive that such a building or
structure, or parts thereof, be examined by a professional engineer licensed to
practice in Ontario, at the owner's sole expense, and that a written report, which may
include drawings for any recommended remedial work with recommended timelines,
be provided to an Officer.
Engineer's Report Acceptance
2.16
An Officer may accept the findings contained in the engineer's report pursuant to
Section 2.15, provided that the Officer is satisfied that all deficiencies have been
identified and appropriately dealt with by the report.
2.17
Upon completion of all of the work required by the engineer's report, a further report
prepared by the professional engineer shall be submitted to the Officer certifying that
all of the work proposed in the written report has been completed and is in
accordance with all applicable legislation.
2.18
No structural element may be added, removed, repaired or modified in any manner
until a required permit has been obtained from the Chief Building Official.
By-law 2023-43
Page 9
Property Standards
3.
GENERAL MAINTENANCE STANDARDS FOR ALL PROPERTIES
3.1
Wall, floor, ceiling and roof construction, fire protective closures, sprinkler systems
and other means of fire protection shall be maintained in such a manner so as to
afford the fire protective properties required by all relevant governmental
regulations.
3.2
Every owner shall maintain the property or a building on the property:
(a)
in a sanitary and safe condition and free from waste;
(b)
free from objects or conditions which are health, fire or accident hazards;
and,
(c)
free from rodents, vermin and injurious insects.
Air Quality
3.3
All buildings, or portions thereof, shall be kept free from accumulations of airborne
contaminants that may cause an adverse effect to any person.
3.4
No person shall occupy or permit the occupancy of a building or portion thereof,
where a high concentration of airborne contaminants exist which may cause an
adverse effect to any person who occupies the building, or portion thereof.
3.5
Notwithstanding any other section of this By-law, Sections 3.3 and 3.4 shall not apply
if, in the opinion of an Officer, the presence of airborne contaminants is minor in
nature and relates to general maintenance and/or lifestyle.
Mold
3.6
Any extensive accumulation of mold shall be immediately cleaned and
removed by the owner of a building.
3. 7
No person shall occupy, or permit the occupancy of a building, or portion thereof,
where an extensive accumulation of mold exists which could pose a health concern
to any person who occupies the building, or portion thereof.
3.8
Any condition in a building, including but not limited to water penetration, humidity or
inadequate ventilation, which relate to the creation and growth of mold, shall be
repaired or removed by the owner of the building.
3.9
Notwithstanding any other provision of this By-law, section 3.6 and 3. 7 shall not apply
if, in the opinion of an Officer, the presence of mold is minor in nature and relates to
general maintenance and/or lifestyle.
Foundations, Walls, Roofs, Etc.
3.10
A foundation wall, basement, cellar or crawl space floor, slab on grade, exterior wall
and roof shall be structurally sound, weather tight and damp- proofed and shall be
maintained so as to protect against deterioration caused by the elements, fungus,
mold, dry rot, rodents, vermin or injurious insects.
By-law 2023-43
Page 10
Property Standards
3.11
The foundations, walls (including exterior walls), columns, beams, floors, roof slabs
and balconies of all buildings, including ancillary buildings such as parking garages
and accessory buildings, shall be maintained:
(a)
in a state of good repair;
(b)
free from decayed, damaged or weakened sills, beams, piers, posts or other
supports;
(c)
free from defective or deteriorated wood or metal siding or trim;
(d)
free from cracked, broken or loose stucco or cracked or broken
masonry;
(e)
free from loose or unsecure objects;
(f)
in a manner to prevent the entry of moisture into the building; and,
(g)
in a manner to prevent settlement of the building.
3.12
Where the masonry units formed an exterior wall, or part of an exterior wall, of any
building are faced with a glazed or other decorative surface, all of those units from
which the surface has spalled or broken shall be removed and replaced with units
having a facing similar to that of the original wall so that the wall presents a uniform
and neat appearance or is finished with other materials approved by an Officer.
3.13
All exterior surfaces which have been previously covered with paint or other
protective or decorative materials shall be maintained in a state of good repair and
the covering renewed when it becomes damaged or deteriorated.
3.14
Metal eaves troughs, roof gutters, rainwater pipes, downspouts, flashings and all
exterior metal ducts shall be maintained in good repair, kept free from rust by
application of a suitable protective material such as paint, and shall be renewed or
replaced when such application deteriorates or becomes ineffective.
3.15
The cladding on the exterior walls of all buildings shall consist of masonry, stucco,
plywood, metal or other materials of equivalent strength, durability and fire
endurance approved by an Officer.
- 3.16
Balconies, porches, canopies, marquees, awnings, screens, grilles, stairways, fire
escapes, pipes, ducts, air conditioners and all other similar equipment, attachments,
extensions and their supporting members shall be:
(a)
maintained in a state of good repair;
(b)
free from waste and recyclable material;
(c)
properly and safely anchored;
(d)
protected against deterioration and decay; and,
( e)
free from broken or missing glass.
3.17
Exterior doors, windows, skylights, basement hatchways, including storm and screen
doors and storm windows, shall be maintained in a state of good repair and weather
tight.
3.18
An owner shall repair or replace defective, damaged or missing hardware or locking
devices on a building.
By-law 2023-43
Page 11
Property Standards
3.19
Dilapidated, collapsed or unfinished structures and all accumulations of waste,
recyclable material, wood or other objects on a property that create an unsafe or
unsightly condition shall be removed by an owner.
Roof Structures
3.20
A roof and all its components shall be weathertight so as to be free from leaks into
the dwelling or loose, unsecured or unsafe objects or materials.
3.21
Roofing materials or components which have been damaged or show
evidence of rot or other deterioration shall be repaired or replaced.
3.22
A soffit and facia shall be kept in good repair and protected by paint,
preservatives or other weather-resistant materials.
3.23
A roof shall be kept clean and free from:
(a)
waste or other debris; and,
(b)
objects or conditions that may create a health or accident hazard.
3.24
All chimneys, smoke or vent stacks, aerials, satellite dishes, lightning arrestors and
other similar structures and their supporting members shall be securely anchored
and maintained in a safe condition and in good repair.
3.25
No roof drainage shall be discharged on an entranceway, walkway or stair or
discharged directly onto a neighbouring property, or onto any road allowance or in
such a manner that it will penetrate or damage a building or structure.
Stairs, Handrails and Guards
3.26
All stairs, porches, decks, landings, treads, risers or other similar structures shall
have guards or handrails which shall be maintained in a state of good repair and
shall be capable of supporting all loads to which they might reasonably be
subjected.
3.27
All guards and handrails shall be installed and maintained in accordance with the
Building Code so as to afford reasonable protection against accident or injury to any
person in or on a property.
Heating, Ventilation and Mechanical Systems
3.28
Heating equipment, vent pipes, exhaust hoods, chimneys, smokestack, flues,
ducts and similar equipment shall be constructed, installed and maintained in a
state of good repair and shall comply with all applicable governmental
regulations.
3.29
Where a heating system, heating equipment or an auxiliary heating unit burns solid or
liquid fuel, a receptacle for such fuel shall be provided and maintained in a state of
good repair and in a location so as to be free from fire or accident hazards.
3.30
All piping for gas or oil fuel and all electrical connections to a heating system shall be
By-law 2023-43
Page 12
Property Standards
installed and maintained in a state of good repair and in accordance with the
requirements of all applicable governmental regulations.
3.31
Fuel burning heating equipment shall be effectively connected to a chimney or flue
which leads to the exterior of the building in which the equipment is installed and
shall be furnished with an adequate supply of air to ensure proper combustion of the
fuel.
3.32
Every chimney, smoke-pipe, flue and gas vent in use or available for use in a building
shall:
(a)
installed and maintained to prevent the escape of smoke or gasses into
the building;
(b)
clear of obstructions;
( c)
free from open joints;
(d)
free from broken and loose masonry;
(e)
maintained in a state of good repair; and,
(f)
securely anchored and plumb.
3.33
A prefabricated chimney or flue shall be of a type suitable for the appliance for which
it is being used and shall be kept in a state of good repair, properly secured and free
from fire, health and accident hazards.
3.34
Mechanical ventilating equipment and the supports for such equipment shall be
maintained in a state of good repair and in safe mechanical condition.
4.
EXTERIOR MAINTENANCE STANDARDS - RESIDENTIAL YARDS
Driveways, Ramps, Safe Passage
4.1
Driveways, ramps, parking areas, paths, outside stairs and landings shall:
(a)
provide a uniform surface for pedestrian or vehicular use;
(b)
be surface treated with asphalt, concrete, interlocking brick, similar
hardscaped surface, or other material sufficient to provide stability, prevent
erosion, be usable in all seasons.
4.2
All surfaced paths, walkways, patios, steps, ramps, building entrances, driveways
and parking areas shall be maintained in a hole-free condition and free of any
settlements that might cause an accident or injury.
4.3
Driveways and parking areas shall be repaired with materials so as to maintain
a uniform appearance.
Lighting
4.4
Lighting fixtures, lamps and their supports and connections shall be maintained in a
safe and complete condition, without visible deterioration and in working order.
4.5
The following lighting is exempt from the requirements of Section 4:
By-law 2023-43
Page 13
Property Standards
(a)
lighting of the Town;
(b)
lighting of school boards, the federal, provincial or regional
governments; and,
(c)
lighting contemplated by a site plan approval, subdivision agreement or site
alteration permit to the extent that such lighting is constructed in accordance with
all conditions and requirements of such site plan approval, subdivision
agreement or site alteration permit.
4.6
Outdoor lighting shall be placed and maintained, or have a barrier placed and
maintained, so as to prevent or block direct illumination of the interior of a dwelling or
dwelling unit on adjoining property regardless of whether such dwelling or dwelling
unit has or may have shades, drapes or other interior window coverings.
4.7
All residential outdoor lighting shall be placed, directed, and maintained or shielded to
prevent direct illumination of light onto an adjoining residential property in an area
where an outdoor living space is located.
4.8
Sensor activated lighting shall not be triggered by activity off the property.
4.9
Lighting as required by the Building Code shall be provided and maintained to allow
for an adequate level of lighting so that the use normally carried out in such areas can
be undertaken safely.
Fences
4.10
All fences shall be:
(a)
maintained in a state of good repair;
(b)
protected from deterioration by the application of paint or other suitable protective
material of uniform colour and construction using a material that is inherently
resistant to such deterioration and compatible with surrounding finishes;
(i)
constructed using suitable materials and designed and erected in a workerlike
manner and maintained so as to not appear in an unsightly condition; and
(ii)
free of any condition that would render the fence to be dangerous.
Construction Fences
4.11
On a property where construction is occurring that does not require a building permit,
or any other permit issued by the Town, a construction fence may be used on the
property for a period of time that is not to exceed six (6) months, or as determined as
reasonable by the Officer.
4.12
All construction fencing used on a property shall be maintained in a
structurally secure manner and neatly painted or otherwise treated.
4.13
A construction fence shall be kept free from graffiti or other defacements.
By-law 2023-43
Page 14
Property Standards
Safety Fences
4.14
Safety fences shall:
(a)
be erected at the perimeter of the site to fully enclose the site;
(b)
be constructed so that the side and rear yard portions of the construction fence are
built of wood, plastic mesh or other material that can be shown to provide
performance and safety equivalent to these fence types and provide a visual barrier
between the construction site and neighboring properties;
(c)
be built to deter entry by unauthorized persons or vehicles;
(d)
have no rails, other horizontal or diagonal bracing, attachments or pattern of
openings on the outside that would facilitate climbing;
(e)
contain no opening more than 100 millimeters (3.9 in.) wide except where required
for access to and from the site;
(f)
at any access opening, be equipped with gates that shall:
(i)
contain wire mesh or similar material sufficient to provide visibility for
traffic entering or exiting the site;
(ii)
open inward towards the construction site;
(iii)
be built to specifications that provide performance and safety at least
equivalent to the fence; and,
(iv)
deter entry by unauthorized persons;
(g)
be maintained in good repair with no gaps larger than 100 millimeters (3.9 in.)
between the bottom of the fence and grade;
(h)
be free of graffiti and posters;
(i)
ensure access opening are closed and locked or securely reinstalled when the site is
unattended;and,
U)
be removed at the request of an officer or no later than 30 days after
completion of the construction or demolition work.
Fencing Construction
4.15
A construction or safety fence shall be built to the following minimum standards:
Wood
(a)
the outside face shall be smooth exterior grade plywood or wafer board 12.5
millimeters (.5 in.) thick that is closed-boarded, securely nailed or screwed to 89
millimeter (3.5 in.) vertical posts spaced at 2.4 metre (7.9 ft.) centres and
embedded sufficiently deep into the ground to provide a rigid support , and
securely nailed or screwed to 39 millimeter (1 .5 in.) by 89 millimeter (3.5 in.)
horizontal rails secured to the vertical posts at the top, bottom and intermediate
locations at 600 millimeter (2 ft.) centres;
Chain Link
(b)
fencing shall be fastened securely at 200 millimeter (7.9 in.) centres to steel T
or 50 millimeter (2 in.) wide U posts, spaced at not more than 1.2 metre (4 ft.)
centres and embedded at least 600 millimeters (2 ft.) into the ground and to top
and bottom horizontal steel rails or 9-gauge steel wire; and
Mesh Fencing
(c)
mesh shall have openings no larger than 50 millimeters (2 in.) and shall be
fastened securely both to vertical steel posts, spaced at not more than 2.4
By-law 2023-43
Page 15
Property Standards
metre (7.9 ft.) centres and embedded at least 600 millimeters (2 ft.) into the
ground, and on top and bottom horizontal steel rails or 9-gauge steel wire.
Retaining Walls
4.16
Retaining walls shall be maintained in a state of good repair.
Trees
4.17
A tree that is dead, or part of a tree that is dead, or in a decayed or damaged
condition and that may be hazardous to persons or property, shall be removed.
Storm Water Run-off, Sump Pump and Sewage Discharge
4.18
Storm water run-off, which includes drainage from a roof and sump pump, shall be
drained from the grounds of a property, and any area below exterior grade in a
manner that is suitable to the configuration of the property, so as to prevent excessive
ponding, erosion or the entrance of water into a building or structure.
4.19
Sump pump discharge lines shall be designed, provided and maintained to prevent
discharge water run-off from ponding on the Town's Road allowance.
4.20
Sewage shall be discharged into a sewage system.
Unprotected Wells, Holes, Cavities
4.21
Unprotected wells, holes or cavities over one metre in depth shall be filled or safely
covered.
Accessory Buildings
4.22
Accessory buildings, other than farm out-buildings, shall be:
(a)
protected by paint, preservative or other weather-resistant material;
(b)
structurally sound and plumb, unless specifically designed to be other than vertical;
(c)
maintained in a state of good repair and free of accident hazards; and,
(d)
so as not to present an unsightly condition.
5.
GENERAL MAINTENANCE STANDARDS - OTHER
Parking Garages
5.1
Lighting fixtures in all parking garages shall be maintained in good working condition.
5.2
Every parking garage shall be illuminated by natural means where available, and an
adequate number of light fixtures, or the painting of walls, columns and ceilings white
in colour, or any combination thereof so as to provide enough light for the safe
passage of vehicles and persons using the parking garage.
5.3
All ventilation systems within parking garages shall be maintained in good working
By-law 2023-43
Page 16
Property Standards
order at all times.
5.4
All means of egress, including doors, in parking garages shall be maintained in good
repair and free from all obstructions.
5.5
All exit signs shall be provided and maintained in good repair in accordance with the
requirements of the Building Code and Fire Code and shall be unobstructed and
readily visible.
5.6
All floor drains in such garages shall be in good working order and free from
obstructions.
5.7
Every floor, wall, ceiling and stairwell of a parking garage shall be kept clean and
free from debris, objects or other conditions that might create a hazard, obstruction
or unsightly condition.
5.8
All parking garages shall be kept clear of any machinery, vehicles, boats, trailers or
parts thereof which are in an unusable, wrecked, unlicensed, discarded or
abandoned condition.
6.
ADDITIONAL STANDARDS FOR NON-RESIDENTIAL PROPERTIES
Additional Standards for Non-Residential Properties
6.1
In addition to the general standards for all properties set out in Part 3 of this By-law,
owners of non-residential properties shall also comply with Part 6 of this By-law.
6.2
Every owner of a non-residential property shall provide containers for the disposal
of waste.
6.3
In a multi-tenant building, no owner or occupant or anyone acting on behalf of an
owner or occupant, shall disconnect or cause to be disconnected, any service or utility
providing light, heat, refrigeration, water or cooking facilities to a tenant or lessee,
except for such reasonable period of time as may be required for the purpose of
repairing, replacing or altering such service or utility.
6.4
A person liable for rates for gas, water, steam, electric power, fuel oil or other service
utility, who fails to pay such rates with the result that the gas, water, steam, electric
power, fuel, oil or other service or utility is disconnected or shut off, removed or
discontinued, shall be deemed to have caused or permitted such disconnection,
shutting off, removal or discontinuance.
6.5
All means of egress for non-residential properties shall be maintained free from all
obstructions or impediments and provided with clean, clear, unobstructed and
readily visible exit signs for every exit.
6.6
Driveways, ramps, parking areas, paths, outside stairs and landings shall be provided
markings or islands to indicate parking spaces, ingress and egress and snow piling
areas.
By-law 2023-43
Page 17
Property Standards
6. 7
Openings in exterior walls, other than doors and windows, shall be effectively
protected by suitable materials to prevent entry of rodents, vermin and injurious
insects unless it can be shown, to the satisfaction of the Officer, that the
implementation of this section would adversely affect the normal operations in a non-
residential property.
Interior Walls, Ceilings and Floors
6.8
Interior walls, floors and ceilings of a non-residential property shall be
maintained:
(a)
free from health, fire and accident hazards;
(b)
in a state of good repair and free from holes, large cracks, broken plaster and loose
or broken masonry;
(c)
in a clean and sanitary condition which is reasonable considering the use or
operation; and,
(d)
free from cracked and broken glass in door panels, glass screens and windows.
6.9
Cracked broken glass in door panels, glass screens and windows as outlined in Section
6.8 (d) shall be replaced with glass or other material approved by an Officer.
6.10
Plaster repairs made to the walls and ceilings of non-residential properties shall be
completed in a workerlike manner and each repair shall be finished to match the
existing wall or ceiling.
6.11
Glazed doors, windows and other transparent surfaces shall be kept in a
reasonably clean condition.
6.12
Interior doors and door frames including automatic door closers, and all necessary
hardware shall be maintained in a state of good repair to ensure the proper
operation and integrity of the door.
Plumbing, Drainpipes, Water Pipes
6.13
Plumbing fixtures shall be provided and maintained in accordance with the
requirements of all applicable governmental regulations.
6.14
All plumbing, drainpipes, water pipes and plumbing fixtures and every connecting
line to the sewage system shall:
a)
be maintained in a state of good repair; and,
b)
be free from leaks and defects.
6.15
All water pipes, drainpipes and appurtenances thereto shall be protected from
freezing.
Outside Storage
6.16
Where outside storage of goods, materials, machinery or equipment and vehicles is
permitted on a non-residential property, the storage area shall be graded and
maintained with gravel, or surfaced and maintained with concrete, asphalt, crushed
By-law 2023-43
Page 18
Property Standards
stone or other hard surface and dustless materials.
6.17
Notwithstanding Section 6.19, all outside storage areas which abut any residentially
zoned property or a property with a residential use in accordance with the Zoning By-
law shall be surfaced and maintained with asphalt, concrete or interlocking stone.
7.
ADDITIONAL STANDARDS FOR RESIDENTIAL RENTAL PROPERTIES
Additional Standards for Residential Rental Properties
7.1
In addition to the general standards for all properties set out in Part 3 of this By-law,
owners of residential rental properties shall also comply with Part 7 of this By-law.
7.2
The following additional standards shall apply to any residential rental
property:
(a)
Subject to the tenant's responsibility for ordinary cleanliness of the residential
rental property, the landlord shall provide such facilities and take such action to
ensure that the residential rental property is:
(i) safe;
(ii) clean;
(iii) in a state of good repair;
(iv) fit for habitation; and,
(v) free from accumulations of snow and ice.
7.3
The landlord shall maintain, in a state of good repair and in a clean, safe condition,
any facilities supplied by the landlord and all common areas intended for the use of
tenants.
7.4
All repairs and maintenance of property required by the standards prescribed in this
part shall be carried out in a manner accepted as good craftsmanship in the trade
concerned and with materials suitable and sufficient for the purpose.
7.5
Unless otherwise specified, the landlord, and not the tenant, shall be
responsible for ensuring that all of the provisions of this part are being
complied with.
7.6
Shrubs, trees, hedges and other vegetation on the property shall be kept so that
walkways are not obstructed.
Light and Ventilation
7.7
An opening in the exterior surface of a building designed for a door, window or
skylight shall be equipped with a door, window or skylight capable of performing the
intended function and the landlord shall:
(a)
ensure that the doors, windows and skylights are weather tight;
(b)
refit, replace, renew, caulk and weather-strip any damaged, decaying defective or
missing doors, windows, frames, sashes, casings, hatchways or screens;
(c)
fit the door, window or skylight with locking devices;
(d)
replace any broken or missing glass; and,
By-law 2023-43
Page 19
Property Standards
(e)
replace any defective missing hardware.
7.8
Exterior doors, windows, skylights, basement hatchways, including storm and screen
doors and storm windows, shall be:
(a)
maintained in a state of good repair by the landlord and weather tight;
(b)
free from rotted or defective members;
( c)
free from defective or missing hardware;
(d)
free from torn, damaged or, where supplied, missing screens;
(e)
free from defective or missing weather-stripping or caulking;
(f)
free from defective storm or screen doors; and,
(g)
free from broken or missing glass.
7.9
A window or natural ventilation is not required in a kitchen or washroom if
electrical lighting and mechanical means of ventilation is provided.
7.10
A window is not required in habitable space, other than a bedroom or dining room, if
there is an opening in a dividing wall to an adjoining room and the adjoining room
has a minimum of 5 percent window area of the combined floor areas, and if the
required ventilation is provided.
7.11
All bedrooms, living rooms and dining rooms shall have a window or a door which
contains a window that faces directly to the outside of the building.
7 .12
All habitable space shall have natural or mechanical means of ventilation.
7 .13
At the request of a tenant, each window in a rental unit that is located above the
storey that has its floor closest to grade and that has its ceiling more than 1.8 metres
above grade, shall be equipped with a safety device to prevent any part of the window
from opening so as to admit a sphere greater than 100 millimeters in diameter, except
that the window must be capable of being opened by an adult tenant in an emergency
without the use of tools.
7.14
Artificial lighting shall be provided and maintained by the landlord in all habitable
space and interior common areas of a residential rental property to permit safe use
and passage, in accordance with the Building Code.
Interior Walls, Floors and Ceilings
7.15
Interior walls, floors and ceilings of a building or structure shall be maintained:
(a)
in a state of good repair and free from holes, large cracks, broken plaster
and loose or broken masonry;
(b)
in a clean and sanitary condition which is reasonable considering the use or
operation; and,
(c)
free from cracked and broken glass in door panels, glass screens and
windows.
7 .16
Interior claddings and finishes of walls and ceilings, including elevator cars, shall be
maintained by the landlord in a safe and sanitary condition, in a state of good repair
free from holes, mold, loose and broken boards, torn, damaged, decayed, leaks,
By-law 2023-43
Page 20
Property Standards
deteriorating or missing materials.
7.17
In addition to the requirements of Section 7.15, floors and floor coverings in all
buildings shall be maintained in a state of good repair, and free from all warped or
decayed boards, large cracks, depressions, protrusions, deterioration or other
defects.
7 .18
All interior walls must be painted or finished in a manner similar to other interior
walls in the building.
7.19
The floors of rooms in which plumbing fixtures are installed shall be maintained
reasonably impervious to water and in such a condition as to permit easy
cleaning.
Means of Egress
7.20
Every floor area intended for occupancy shall be provided with a direct means
of egress in accordance with the Building Code.
7.21
All means of egress and exits shall be maintained in a state of good repair and free
from objects, obstructions, or conditions that restrict the accessibility of such means of
egress and exits.
7.22
Every dwelling unit shall have access so as to provide a safe, continuous and
unobstructed exit from the interior of the building to the exterior at the street or grade
level.
Fuel Supply
7 .23
Unless required to be provided by the tenant, a landlord shall ensure a continuous
and adequate supply of fuel, service or utility which provides light, heat, refrigeration,
water or cooking facilities for a rental unit occupied by a tenant, except for such
reasonable period of time as may be required for the purpose of repair or
replacement of the fuel service or utility.
Heating, Ventilation, Mechanical
7.24
Heating, ventilating and mechanical systems, including stoves, heating appliances,
fireplaces, chimneys, fans, air conditioners, pumps, filtration and other equipment
provided to supply heat, air conditioning, ventilation or other services shall be
properly maintained by the landlord and capable of being operated.
7 .25
A space that contains a fuel-fired heating appliance shall have a natural or
mechanical means of supplying the required combustion air.
7 .26
Heat shall be provided from September 1 to June 15 of every year and shall be
provided and maintained so that the room temperature at 1.5 metres above floor
level and one (1) metre from exterior walls in all habitable rooms, is at least 20
degrees Celsius.
7 .27
Section 7 .26 does not apply to a rental unit in which the tenant can regulate the
By-law 2023-43
Page 21
Property Standards
temperature and a minimum temperature of 20 degrees Celsius can be maintained
by the primary source of heat.
7.28
A rental unit shall not be equipped with a portable heating appliance as a primary
source of heat.
7.29
Only heating appliances approved for use by a recognized standards testing
authority shall be provided in a room used or intended for use for sleeping purposes.
Electrical
7.30
A supply of electrical power, wiring and receptacles acceptable to the Electrical Safety
Authority shall be provided and properly maintained by the landlord to all habitable
space and interior common areas in a residential rental property.
7.31
All electrical fixtures, switches, receptacles and connections thereto shall be
maintained in safe and complete condition, and in a good working order.
7 .32
If the landlord supplies a meter for electricity for the purpose of billing the tenants
individually, it shall be properly maintained by the landlord and kept accessible to
tenants.
7.33
A kitchen shall be supplied with electrical power and shall have outlets suitable
for a refrigerator and cooking appliances.
Plumbing Systems
7.34
Plumbing systems shall be provided, installed and maintained in good working
order and shall be free from leaks, defective or dripping taps and other defects.
Safety and Security
7.35
Every residential rental property shall have a safe, continuous and unobstructed
passage from every part of the interior to an exterior open space at street or
grade level.
7 .36
All windows and exterior doors which are intended to be opened and which are
accessible from outside a rental unit or a residential rental property shall have
hardware that makes them capable of being secured.
7 .37
At least one entrance door in a rental unit shall be capable of being both secured
from inside and locked from the outside of the rental unit.
7.38
Where provided, a vestibule door locking release and the rental unit-vestibule
communications system shall be properly maintained by the landlord.
7.39
Parking areas that are intended to be secured, shared locker rooms and shared
storage rooms shall be provided with a door equipped with a security device which
prevents access to persons other than the landlord and tenants.
By-law 2023-43
Page 22
Property Standards
7.40
Driveways, ramps, parking areas, paths, outside stairs and landings shall be provided
markings or islands to indicate parking spaces, ingress and egress and snow piling
areas.
7.41
A mail delivery slot and other openings for deliveries that directly enter into a rental
unit shall:
(a)
be located and maintained to prevent access to the lock on the entry door or
any adjacent window; or,
(b)
be sealed if other facilities for delivery have been made.
7.42
Mailboxes provided by the landlord shall be properly maintained and be capable
of being secured.
Indoor Storage of Waste and Recyclable Material
7.43
Every residential rental property shall have one or more suitable containers or
compactors shall be provided by the landlord for waste and recyclable material and
shall either be stored or regularly disposed of so as not to cause a risk to the health or
safety of any person.
7.44
The container shall be maintained by the landlord in a clean and sanitary condition,
accessible to tenants and shall not obstruct an emergency route, driveway or
walkway.
Outdoor Storage of Waste and Recyclable Material
7.45
Where waste or recyclable material is stored for disposal outside of the enclosed
walls of a building, the waste or recyclable material shall be blocked from view if it is
stored less than 60m (196 ft) from a public highway, street, walkway, park or
residential property so as not to be visible from such locations or as required under an
approved site plan.
7.46
In addition to the conditions outlined in Section 7.45, the storage of waste or
recyclable material permitted by an owner shall be blocked from view and the
aforesaid visual blockage shall:
(a)
extend from grade to a height of 0.3m (1ft) above the height of the storage
container( s );
(b)
consist of a continuous opaque visual barrier; and,
(c)
be maintained in a clean, sanitary and odour-controlled condition.
8.
PEST PREVENTION
8.1
Every residential rental property shall be kept free of rodents, vermin and injurious
insects at all times, and methods used for exterminating rodents and injurious insects
shall be in accordance with any applicable legislation.
8.2
Openings and holes in a building containing rental units, including chimneys,
windows, doors, vents, holes for pipes and electrical fixtures, cracks and floor drains,
By-law 2023-43
Page 23
Property Standards
that might permit the entry of rodents, vermin, injurious insects, birds or other pests,
shall be screened or sealed as appropriate.
9.
MISCELLANEOUS
9.1
Every rental unit shall contain at least the following:
(a)
a toilet;
(b)
a kitchen sink;
(c)
a washbasin; and,
(d)
a bathtub or shower or a combination thereof.
9.2
A washroom in a rental unit shall be an enclosed space and shall have:
(a)
a water-resistant floor;
(b)
water resistant walls in a tub surround and a shower;
(c)
a door which can be secured from the inside and can be opened from the
outside in an emergency; and,
(d)
an artificial light fixture which is maintained.
9.3
No toilet or urinal shall be located in a room used for or intended to be used for
sleeping or preparing or consuming or storing food.
9.4
Hot water shall be provided to a sink, basin, bathtub and shower by safe
equipment operated to provide water at a temperature of not less than 43 degrees
Celsius and not more than 49 degrees Celsius.
9.5
An adequate and safe supply of potable water shall be provided at all times.
9.6
A residential rental property shall be insulated to minimize heat loss, air infiltration
and moisture condensation on the interior surfaces of the walls, ceilings and floors.
9. 7
Piped plumbing and drainage systems and appurtenances in a residential rental
property shall be maintained free from leaks, defects or obstructions and
adequately protected from freezing.
9.8
All appliances such as refrigerators or cooking stoves supplied by the landlord shall
be maintained in a state of good repair and good working order by the landlord.
9.9
Locker and storage rooms shall be kept free of dampness, mold or mildew by the
landlord.
9.10
Elevators intended for use by the tenant shall be properly maintained by the landlord
in accordance with the regulations under Technical Standards and Safety Act, 2000,
S.O. 2000, c. 16, as amended, and kept in operation except for such reasonable time
as may be required to repair or replace them as enforced by the Technical Standards
and Safety Authority.
By-law 2023-43
Page 24
Property Standards
10.
VACANT AND/OR DAMAGED BUILDINGS
Vacant Buildings
10.1
In addition to the general standards for all properties set out in Part 3 of this By-law,
the following additional standards shall apply to vacant buildings:
(a)
the owner shall protect the vacant building against the risk of fire, accident
or other danger;
(b)
the owner shall effectively prevent the entrance of any unauthorized
persons to a vacant building;
(c)
all materials used for boarding up a vacant building shall be covered and
maintained with a preservative which is similar in colour to the exterior finish
of the building; and,
(d)
where a building remains vacant for a period of more than ninety (90) days, the
owner shall ensure that all utilities serving the building are properly
disconnected or otherwise secured to prevent accidental or malicious damage
to the building or adjacent property, unless the aforementioned utilities are
necessary for the safety or security of the building.
10.2
For the purposes of Section 10.1 (c), doors, windows, hatches and other openings
through which entry may be obtained are required to be maintained so as to properly
perform their intended function and secured from unauthorized entry, or entry shall be
prevented by closing and securing an opening with:
(a)
wood sheathing of at least 12.7 mm plywood which is weather resistant,
completely covers the opening, is securely fastened to the building;
(b)
metal sheathing, which is weather resistant, completely covers the opening, is,
where possible, installed within the reveal of the exterior cladding, is securely
fastened to the building;
(c)
brick or concrete block and mortar which completely covers the opening,
is securely fastened to the building.
10.3
The options available in Section 10.2 shall be considered progressively more secure
with subsection (c) being the most secure, and the minimum standard imposed by
Section 10.2 shall be considered not to include the use of a less secure option which
has, more than once, failed to exclude unauthorized entry.
10.4
At any time where there are circumstances to support a more secure option,
including an option that is more secure than those listed in Section 10.2, the owner
shall supply such option as may be required by an Order.
Damaged Buildings or Structures
10.5
Subject to the provisions of Part 10 of this By-law, if a building or structure is damaged
by fire, storm or by other causes:
(a)
immediate steps shall be taken to prevent or remove a condition which might
endanger persons in, on or near the property, building or structure;
(b)
the aforesaid building or structure shall be properly supported and barricaded
until the necessary demolition or repair can be carried out; and,
By-law 2023-43
Page 25
Property Standards
(c)
the aforesaid building or structure shall be demolished or repaired.
10.6
Defacements by smoke or by other similar causes on the exterior walls and surfaces
of the buildings or structures or of the remaining parts of the building or structures,
shall be removed and the defaced areas refinished in a workerlike manner.
11.
DEMOLITION
11.1
Where any building is vacant, and in the opinion of an Officer or the Chief Building
Official or an inspector appointed under the Building Code Act it is not feasible to
repair the building to the standards prescribed by this By-law without first
demolishing the building or a portion of it, the owner shall demolish the building or
portion of it that it is not feasible to repair within one (1) year of it becoming so.
11.2
Subject to Section 11.1, where a building or structure is being demolished
on a property:
(a)
every reasonable precaution shall be taken to protect adjoining property and
members of the public, which may include the erection of fences, barricades,
covered ways for pedestrians and all other means of protection necessary for
the purpose; and,
(b)
the property shall be cleared of all waste, recyclable material and unsightly
storage and left in a graded and levelled condition within thirty (30) days of the
date the building or structure is demolished.
11.3
Where a part of a building or structure has been demolished, the exterior walls of
the remaining part of the building or structure shall be brought into compliance with
the applicable sections of this By-law.
12.
ENFORCEMENT
Inspection
12.1
An Officer may, upon producing proper identification, enter upon any property at any
reasonable times without a warrant for the purpose of inspecting the property to
determine:
(a)
whether the property conforms with the standards prescribed in this by- law; or,
(b)
whether an Order made under the Building Code Act has been complied with.
12.2
The owner or occupant of a property shall:
(a)
comply with all standards prescribed in this By-law;
(b)
comply with any final and binding order of the Officer;
( c)
produce documents or things requested by the Officer for inspection as
relevant to the property or any part thereof;
(d)
allow the removal of such documents or things for the purpose of making
copies, provide information or assist in the collection of information from
other persons concerning a matter related to the property or part thereof;
( e)
allow entry by the Officer or such persons as needed to carry out an
inspection or test or in aid thereof;
By-law 2023-43
Page 26
Property Standards
(f)
permit examination, tests, sampling or photographs necessary for the purposes
of an inspection or in aid thereof; and,
(g)
provide at their expense when requested, reports, tests and samples as are
specified in an Order, all as may aid or assist in the carrying out of an inspection
and determination of compliance with this By-law and the relevant portions of
the Building Code Act.
12.3
The Town may charge the owner of a property a fee or charge pursuant to the
Rates and Fees Schedule to conduct an inspection, including increased fees for
multiple inspections.
12.4
Where an Officer has reasonable grounds to believe that an offence has been
committed by a person, the Officer may require the name, address and proof of
identity of that person, and the person shall supply the required information.
Orders
12.5
An Officer who finds that a property does not conform to any of the standards
prescribed in this by-law may make an Order:
Service
(a)
stating the municipal address or the legal description of the property;
(b)
giving reasonable particulars of the repairs to be made or stating that the site is
to be cleared of all buildings, structures, debris or refuse and left in a graded
and levelled condition;
(c)
indicating the time for complying with the terms and conditions of the order and
giving notice that, if the repair or clearance is not carried out within that time, the
municipality may carry out the repair or clearance at the owner's expense; and,
(d)
indicating the final date for giving notice of appeal from the Order.
12.6
An 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.
12. 7
An Order required by this By-law to be served in accordance with Section 12.1
may be served:
(a)
in person;
(b)
by email to the last known email address of the person to whom service is
required to be made; or,
(c)
by registered mail sent to the last known address of the person to whom
notice is to be given or to that person's agent for service.
12.8
An Order served in accordance with Section 12. 7 is considered to be served:
(a)
on the fifth day after the day of mailing if served by registered mail;
(b)
on the day of sending if served by email, unless the document was sent after
5:00 p.m., in which case service shall be deemed to have been made on the
following day.
By-law 2023-43
Page 27
Property Standards
12.9
An Order may be registered in the proper land registry office and, upon such
registration, any person acquiring any interest in the land subsequent to the
registration of the Order shall be deemed to have been served with the Order on the
day on which the Order was served 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.
13.
APPEALS
13.1
When the owner upon whom an Order has been served is not satisfied with the
terms and conditions of the Order, they may appeal to the Property Standards
Committee by sending a notice of appeal, in writing by mail, email or registered mail
to the Town Clerk within fourteen (14) days of the service of the Order.
13.2
The notice of appeal shall include:
(a)
the name, address, telephone number and email address of the appellant;
(b)
the date and number of the Order issued by the Officer; and,
(c)
the reasons for the appeal; and the appeal fee as set out in the rates and fees
schedule.
13.3
In the event that no appeal is made within such fourteen (14) days as set out in
Section 13.1, the Order shall be deemed confirmed and shall be final and binding.
13.4
Where an appeal has been made, the Property Standards Committee shall hear the
appeal and shall have all the powers and functions of the Officer, in that they may
confirm the Order, modify or rescind the Order, or may extend this time for complying
with the Order provided that in the opinion of the Property Standards Committee, the
general intent and purpose of this By-law is maintained.
14.
POWER OF THE TOWN IF ORDER NOT COMPLIED WITH
14.1
If an Order under this By-law is not complied with in accordance with the order as
deemed confirmed or as confirmed or modified by the Property Standards Committee
or a judge, the Town, in addition to all other available remedies, may cause the
Property to be repaired or demolished accordingly.
14.2
The Town or 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 in the reasonable exercise of its powers under Section 14.1.
14.3
The Town shall have a lien on the land for the amount spent on the repair or
demolition under Section 14.1 and the amount shall have a priority lien status as
described in the Municipal Act and may be added to the tax roll and collected in the
same manner as municipal taxes.
15.
EMERGENCY PROVISIONS
15.1
If upon inspection of a property, the Officer is satisfied there is nonconformity with the
standards prescribed in this By-law to such extent so as to pose an immediate
By-law 2023-43
Page 28
Property Standards
danger to the health or safety of any person, the Officer may make an Order in
accordance with Section 15. 7 of the Building Code Act containing particulars of the
non-conformity and requiring remedial repairs or the work to be carried out
immediately to terminate the danger.
16.
CERTIFICATE OF COMPLIANCE
16.1
An Officer shall issue a Certificate of Compliance to an owner, upon request, upon
payment of the fee set out in the rates and fees schedule.
17.
PENALTIES AND FINES
17.1
A person is guilty of an offence if the person:
(a)
fails to comply with an Order or Directive under this By-law; and/or,
(b)
contravenes any provision of the By-law.
17 .2
An Officer may issue an Administrative Monetary Penalty to the Person, Owner, Agent or
Person Responsible found in contravention of any provision of this By-law.
17.3
Any Person who contravenes any provision of this By-law is responsible for any fines and
fees imposed under the Administrative Monetary Penalty System By-law.
17.4
Any Person who has been found in contravention of the By-law may request a review if
the matter is in accordance with the Administrative Monetary Penalty System By-law.
17.5
Every person who contravenes any of the provisions of this By-law is guilty of an offence
and shall be subject to a penalty in accordance with the Provincial Offences Act, R.S.O.
1990, c. P.33. as amended.
17.6
Every person who is guilty of any offence under this By-law may, if permitted under the
Provincial Offences Act, pay a set fine, and the Chief Justice of the Ontario Court of
Justice shall be requested to establish, pursuant to the Provincial Offences Act, set fines
in accordance with this By-law.
18.
SEVERABILITY
18.1
If any section, clause or provision of this By-law hereto, is for any reason declared by
a court of competent jurisdiction to be invalid, the same shall not affect the validity of
the by-law as a whole or any part thereof, other than the section, clause or provision
so declared to be invalid, and it is hereby declared to be the intent that the remaining
sections, clauses or provisions of the By-law shall remain in full force and effect.
19.
CONFLICTING BY-LAWS
19.1
Where a provision of this By-law conflicts with a provision of any other by-law in force
in the Town, the more restrictive By-law shall prevail, subject to the greater
paramountcy of any provision authorizing action to protect the health or safety of
persons.
By-law 2023-43
Page 29
Property Standards
20.
REPEAL
20 .1
By-law 2004-18 is hereby repealed.
20.2
All Orders issued pursuant to By-law 2017-007 shall remain in full force and effect,
notwithstanding that By-law 2017-007 is hereby repealed, and all such Orders may be
enforced or acted upon by the Town as if the Order was made under Section 12.5 of
this By-law.
21.
SHORT TITLE
21.1
This By-law may be cited as the "Property Standards By-Law".
22.
EFFECTIVE DATE
22.1
This By-law shall come into force and effect the day it is passed by Council.
READ AND PASSED this 17th day of June, 2025.