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THE CORPORATION OF THE MUNICIPALITY OF
GREY HIGHLANDS
BY -LAW No. 2002-65
Being a by-law prescribing standards for the maintenance and occupancy ofproperty
within the Municipality of Grey Highlands, prohibiting the occupancy and use of any
property that does not conform to the prescribed standards, and requiring property that
does not conform to the standards to be repaired and maintained to conform or the
property to be cleared of all buildings, structures, debris or refuse and the land to be left
graded and level.
WHEREAS under Section 15.1 (3) ofthe Building Code Act, S.O. 1992, c.23, a by-law may be
passed by the Council of a municipality prescribing the standards for the maintenance and
occupancy ofproperty within the municipality provided the official plan for the municipality
includes provisions relating to property conditions;
AND WHEREAS the Official Plan for the Municipality of Grey HigWands includes provisions
relating to property conditions;
AND WHEREAS the Council of the Municipality of Grey HigWands deems it appropriate and
expedient to pass a by-law under the said statute;
AND WHEREAS Section 15.6 (1) of the Building Code Act, S.O. 1992, c. 23, requires that
such a by-law shall provide for the establishment of a Property Standards Committee;
AND WHEREAS Section 220.1 of the Municipal Act R.S.O. 1990. c.m. 45. as amended by
Section 10 of Schedule M ofthe Savings Restructuring Act, 1990, provides that Council may by
By-Law impose fees for services and activities provided or done by or on behalf ofthe
Municipality of Grey HigWands.
NOW THEREFORE the Council of the Municipality of Grey HigWands hereby enacts as
follows:
DEFINITIONS
ABANDONMENT: the giving up of an interest.
ACCEPTABLE: means
(a)
accepted by the Chief Building Official ofthe Municipality with respect to matters
under the Building Code;
(b)
accepted by the Chief Fire Official of the Municipality with respect to matters
under the Fire Code:
(c)
accepted by the Property Standards Officer with respect to the standards set out in
this by-law.
ACCESSORY BUILDING: shall mean the building not used for human habitation customarily
incidental and subordinate to the principle use of building and located on the same lot with such
principle use or building and shall include a boat house.
ACT: means the Building Code Act, S.O. 1992 as amended
BARRIER: an obstacle barring advance or access.
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BUILDING: means a structure occupying an area greater than ten (10) square metres, consisting
ofa wall., roof, floor, or anyone or more ofthem or a structural system serving the function
thereof, including all the works, fixtures, and service systems appurtenant thereto, and includes
such other structures as are designated in the regulations made under the Building Code Act,
R.S.O. 1980 Chapter 51 as amended.
BUILDING CODE: means the regulations made under the Act.
CISTERN: a tank for storing water/ a reservoir for storing rainwater.
DISMANTLE: to take to pieces or disassemble.
FENCE: means a structure, at grade, erected as a visual barrier or for the purpose of dividing or
separating open space, or for restricting ingress or egress to an open space, or for the purpose of
denoting a property line.
GARBAGE: means the animal and vegetable waste (other than compost pile or bin) and related
waste products resulting from the handling, preparation, cooking and consumption offood and
drink, as well as other solid waste materials and goods resulting from residential, commercial,
institutional and industrial operations.
HABITABLE ROOM: means any room in a dwelling or dwelling unit used or capable of being
used for living, sleeping, cooking or eating purposes.
MAINTENANCE: means the preservation and keeping in repair ofproperty.
MULTIPLE USE BUILDING: shall mean a building containing both a dwelling unit or units and
a non-residential area or areas.
NOXIOUS WEED: means any weed designated as noxious by the Weed Control Act, R.S.O.
1990, Chapter W.5, as amended.
OCCUPANCY: means the use or intended use ofbuildings or part thereof for the shelter or
support ofpersons, animals or property once an occupancy permit has been issued.
OFFICER: means a Property Standards Officer who has been assigned the responsibility of
administering and enforcing this By-law and related By-laws.
POTABLE WATER: means water fit for consumption by humans, and fit for normal household
purposes and where potable water is referred to in the By-Law, it shall be available in quantities
sufficient for normal household purposes.
PRINCIPLE BUILDING: shall mean the building or structure in which is carried on the
principle use which the building lot is used. In a residential zone, the dwelling is the principle
building.
PROPERTY: means a building or structure or part of a building or structure, and includes the
lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile
structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and
includes a vacant property.
RETAINING WALL: a wall built to hold back water or the earth ofan embankment.
RUBBISH: means any combustible or non combustible discarded or waste materials except
garbage.
SALVAGE YARD: includes a scrap yard, junk yard and wrecking yard, whether or not an active
business is carried on therein.
SEWAGE: means any liquid waste containing animal, vegetable or mineral matter in suspension
or a solution, but does not include roof drainage or storm water runoff.
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SEWAGE SYSTEM: means a municipal sanitary sewage system or a private sewage disposal
system approved by the designated Municipal Official.
STORED: to accumulate and keep for future use/to put into storage/to provide storage room for.
STRUCTURE: something made ofparts fitted or joined together/the way in which constituent
parts are fitted or joined together, or arranged to give something its specific nature or character.
TRAILER: a wheeled vehicle designed to be towed.
UNSAFE: when used in respect of a building means:
i) Structurally inadequate or faulty for the purposes for which it is used, or
ii) In a condition that could be hazardous to persons in the normal use ofthe building.
VACANT LAND: shall include lands which contain no buildings or structures.
VEHICLE: any kind of contrivance, on wheels or runners, used to carry people or goods from
one place to another, including boats.
WELL: a deep hole, drilled or dug, usually cylindrical in shape and lined with bricks, stone etc.
dug into the earth to such a depth as to reach a supply of water/shaft sunk into the earth to obtain
water, oil, gas etc.
WRECK: the destruction or disablement/what is left of a building, vehicle etc. after destruction.
WRECKAGE: the remains of a wrecked vehicle, building etc. or fragments of any wrecked
structure.
YARD: shall mean the land other than publicly owned land, around and appurtenant to and
adjacent to any property or any part ofa building or structure and used or intended to be used or
capable of being used in connection with the said property.
WORDS OR TERMS NOT DEFINED: Any word or term not defined in this by-law shall have
the meaning ascribed to it in the Act or the Building Code, as amended.
1.01
TITLE AND SCOPE AND GENERAL REQUIREMENT TO COMPLY WITH
BY-LAW
1.1
This by-law may be referred to as "Property Standards By-law".
1.2
For the purposes ofthis by-law property shall mean a building or structure or part ofa
building or structure and includes the lands and premises appurtenant thereto, mobile
buildings or structure, accessory buildings, outbuildings and vacant lots.
1.3
The provisions ofthis by-law and the standards for the maintenance and occupancy of
property established herein shall apply to all property within the Municipality of Grey
Highlands.
1.4
The owner of any property which does not conform to the standards established in this
by-law shall repair and maintain such property to conform to these standards, or shall
clear the site ofall buildings, structures, debris or refuse and leave it in a graded and
leveled condition.
1.5
All repairs to comply with this by-law shall be carried out with suitable and sufficient
materials in a manner acceptable to the Officer as good and workmanlike for the trades
concerned.
1.6
Nothing in this by-law shall require repairs to be completed inside or outside ofan unused
building or in an unused portion thereof, except as necessary to remedy any unsafe
condition to persons outside ofthe building or to remedy any unsafe condition to a person
in an occupied portion of the building
1.7
Notwithstanding section 1.6 all repairs to be carried out inside an unused building or
inside an unused part thereof shall be carried out before the unused building or unused
part is used or occupied.
1.8
This by-law is applicable to repairs under section 15.1 ofthe Act, but not any other
section ofthe Act, the Fire Code or any other Provincial Act or Regulation.
2.0
YARDS
2.1
Every yard and every vacant lot shall be kept clean and free from:
a.
rubbish, garbage, brush, tree stumps, discarded materials and other debris.
Discarded and unused furniture, appliances, cartons and paper products may not
be left in any yard. Objects such as surplus building materials, masonry, glass,
plumbing and electrical supplies not intended for immediate use may not be stored
or allowed to remain in any yard. All yards must be maintained in a manner that
does not create a negative impact on adjacent properties;
b.
wrecked, dismantled, discarded or abandoned machinery, vehicles, trailers, or
boats or parts thereof, except machinery, vehicles, or trailers required for the
operation of a business or farm which is lawfully permitted and lawfully stored on
the property, provided these items are stored in a manner that does not create a
negative impact on adjacent properties;
c.
stored materials such as tires, lumber or pesticides, unless it is necessary for the
operation of a business enterprise, farm or land use permitted and lawfully
situated on the property, provided these items are stored in a manner that does not
create a negative impact on adjacent properties;
d.
dilapidated or collapsed structures or partially constructed or dilapidated
structures which are not currently under construction;
e.
rodents, vermin and other pests and animal carcasses where it causes a public
nuisance or health hazard;
2.2
Yards shall be kept and maintained free from excessive growth of weeds and
grasses. All sodded and grass covered areas shall be kept in a good condition,
including adequate cutting so as not to present an unsightly appearance.
2.3
All wells and cisterns shall be capped with an environmentally secure material
such as concrete and shall be kept and maintained in good repair.
2.4
The burning of garbage, debris, rubbish, tires, or plastics is not permitted unless
authorized by Federal or Provincial law or explicitly authorized by another
municipal by-law.
3.0
YARD DRAINAGE AND SURFACE CONDITIONS
3.1
Surface conditions ofyards shall be maintained so as:
a.
to prevent instability or erosion of soil;
b.
to prevent roof drainage from being directed to other properties;
c.
to provide for safe passage under normal use and weather conditions, day or night.
3.2
Site alterations by a landowner is prohibited where it creates ponding or runoff of storm
water which negatively impacts an adjacent property ofuse.
4.0
GARBAGE DISPOSAL
4.1
Every building or property that involves uses or activities which generate garbage shall
provide a sufficient number ofsuitable receptacles to contain all garbage and refuse.
Such receptacles shall be constructed of suitable material, provided with a tight fitting
cover, and shall be maintained.
4.2
All garbage shall be placed in said container for storage until removed from the property.
4.3
All storage areas for said garbage containers shall be screened from public view, where
necessary.
5.0
BUILDING STANDARDS AND MAINTENANCE
5.1
Every part of any building shall be maintained in a safe and structurally sound
condition so as to be capable of sustaining safely its own weight and any additional
weight as may be put on it through normal use. Building materials which have been
damaged or show evidence ofrot or other deterioration shall be repaired, replaced or
removed.
5.2
Buildings shall be kept free ofanimal carcasses, rodents, vermin and other pests where it
considered a public nuisance or health hazard.
5.3
Unused buildings shall be protected against risk of fire, accident or other danger, and
entrance to unused buildings by all unauthorized persons shall be effectively prevented.
5.4
Radio antennas, satellite dishes, television antennas, lightning arresters and structures of a
similar character, shall be maintained in safe repair.
5.5
Sign structures shall be maintained so as not to cause any unsafe or unsightly conditions
in accordance with any sign by-law that may be passed by the Municipality from time to
time.
5.6
Fences, barriers and retaining walls shall be kept in good repair so as to prevent an unsafe
condition and any adverse impact on adjacent land owners. Fences shall be constructed
of appropriate building materials. Fences shall not be constructed ofthe following:
old equipment
machinery
furniture
vehicles
appliances
tires
6.0
ADMINISTRATION AND ENFORCEMENT
6.1
Council shall appoint a Property Standards Officer to be responsible for the
administration and enforcement ofthis by-law.
6.2
Upon the receipt ofwritten and signed complaints, the Property Standards Officer will
conduct an inspection ofthe alleged offending property.
6.3
The Property Standards Officer may be accompanied by any person acting under his
instruction such as, the building inspector, but not limited to, a fire inspector, electrical
inspector, gas inspector, heating inspector, and a structural engineer may, upon
producing proper identification, enter upon any property at any reasonable time for the
purpose of inspecting the property to determine:
(a)
whether the property conforms to the standards prescribed in this by-law; or
b)
whether there is compliance with an order made under this by-law and the
provisions ofthe Building Code Act, S.O. 1992, C 23, as amended.
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6.4
The Property Standards Officer or any person acting \ll1der his instructions shall not enter
any room or place actually used as a dwelling without requesting and obtaining consent of
the occupier, first having informed the occupier that the right of entry may be refused and
entry made only \ll1der the authority of a search warrant.
6.5
Ifthe Property Standards Officer finds that a property does not conform with any of the
standards prescribed in this by-law, the Officer may make an order by personal registered
mail to the owner;
(a)
stating the municipal address and the legal description of such property; and,
(b)
stating the sections ofthis by-law that are violated and/or giving reasonable
particulars ofthe 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;
and,
(c)
indicating the time for complying with the terms and conditions ofthe order and
giving notice that, ifthe 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 [mal date for giving notice of appeal from the order.
(e)
register the order on title.
6.6
The Property Standards Committee shall be a Committee of CO\ll1cil as a whole. The
Property Standards Committee may adopt its own rules and procedures subject to the
following conditions:
i)
The Committee shall give notice or direct that notice be given ofthe
hearing ofan appeal to such persons as the Committee considers
advisable.
6.7
An owner or their agent of property who has been served with an order made \ll1der the
provisions of subsection 6.5 ofthis by-law or subsection 15.2 (2) ofthe Building Code
Act, S.O. 1992, c. 23, as amended, and who is not satisfied with the terms or conditions
ofthe order may appeal to the Property Standards Committee by sending a notice of
appeal by registered mail or personally delivered to the secretary of said committee within
14 days after being served the order. An owner who appeals an order made \ll1der section
6.5 ofthis by-law or subsection 15.2(2) ofthe Building Code Act, shall pay the fee for the
appeal as set out in schedule A at the time the appeal is filed.
6.8
Ifan appeal is taken, the Property Standards Committee shall hear the appeal and shall
have all the powers and functions ofthe Property Standards Officer and may,
(a)
confirm, modify or rescind the order,
(b)
extend the time for complying with the order if, in the committee's opinion, the
general intent and purpose ofthe by-law and ofthe official plan are maintained.
6.9
The Municipality or any owner or agent ofthe owner or person affected by a decision of
the Property Standards Committee may appeal to ajudge of the Ontario Court (General
Division) by notifying the clerk of the Municipality in writing and by applying to the
Ontario Court (General Division) for an appointment within 14 days after the sending of a
copy of the decision.
6.10
In accordance with the provisions of the Building Code Act, S.O. 1992, c.23 as amended,
on an appeal of a Property Standards Committee decision, the judge ofthe Ontario Court
(General Division) has the same powers and functions as the Property Standards
Committee.
6.11
When no appeal is taken within the time prescribed or if after an appeal pursuant to
subsections 6.7 or 6.9 is modified or overturned, the order shall be final and binding
upon the owner who shall make the repair or effect the demolition within the time and in
the manner specified in the order.
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6.12 If an order is not complied with, the Municipality may cause the property and buildings to
be repaired or demolished accordingly.
6.13
For the purposes of subsection 6.3, employees or agents of the Municipality may enter the
property without a warrant in order to repair or demolish the property.
6.14
The Municipality or a person acting on its behalf is not liable to compensate the owner,
occupant or any other person by reason of anything done by or on behalf of the
Municipality in the reasonable exercise of its powers under subsection 6.12.
6.15
The Municipality shall have a lien on the subject property for the cost of the repair or
demolition under subsection 6.5 and the amount shall be deemed to be municipal real
property taxes and may be added by the municipal clerk to the collector's roll and
collected in the same manner and with the same priorities as municipal real property
taxes.
6.16
If, upon inspection of a property or building, the Property Standards Officer is satisfied
that there is non-conformity with the standards prescribed in this by-law to such extent as
to pose an immediate danger to the health or safety of any person, the Property Standards
Officer may make an order containing particulars of the order and requiring remedial
repairs or other work to be carried out immediately to terminate the danger. The
provisions of section 15.7 ofthe Building Code Act, S.O. 1992, c. 23, as amended, shall
apply with regard to such an order.
7.0
CERTIFICATE OF COMPLIANCE
7.1
A Property Standards 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.
7.2
A fee shall be payable to the Municipality prior to the issuance of a Certificate of
Compliance where it is issued at the request of an owner in the amount prescribed in
Schedule A to this by-law.
8.0
PENALTIES
8.1
Any person or corporation who fails to comply with an order made under subsection 6.5
or otherwise contravenes this by-law shall be guilty of an offence and is liable upon
conviction to a maximum fine of $5,000.00 for a first offence and to a maximum fine of
$10,000.00 for a subsequent offence.
9.0
VALIDITY
9.1
If part ofthis by-law is for any reason held to be invalid, the remainder of the by-law shall
remain in effect.
9.2
Where a provision ofthis by-law conflicts with the provisions of another by-law in force
within the municipality, the provisions that establish the higher standards to protect the
health, safety and welfare ofthe general public shall prevail.
9.3
Ifterms not defined, the general accepted term will be as defined in the dictionary.
9.4
That this by-law shall be effective June 1,2003.
READ A FIRST AND SECOND TIME THIS
25th.
DAY OF November, 2002
READ A THIRD TIME AND FINALLY PASSED THIS 30th DAY OF December,2002
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Mayor-Don McCausland
Clerk-Administrator-Debbie Robertson
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Schedule "A"
By-law No. 2002 - bS
Fee Schedule
1.
Fee for the Appeal of an Order issued pursuant to this by-law shall be $150.00.
2.
Fee for issuance of a Certificate of Compliance pursuant to this by-law shall be $200.00.