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1
The Corporation of the Township of
Guelph/Eramosa
By-law Number 50/2018
(Consolidated Version Enacted as 50/2018)
Last consolidated on October 2, 2023. The Township of
Guelph-Eramosa by-laws are provided on line for
convenient public reference. By-laws are consolidated on
an ongoing basis, but recent amendments may not be
reflected in the latest consolidated version. Check the
Amendment History to get a complete listing of all
pertinent regulations. For further information contact the
Township's Clerk office.
A By-law Prescribing Standards for the
Maintenance and Occupancy of Property.
WHEREAS Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, authorizes the council of a municipality to pass a by-law prescribing
standards for the maintenance and occupancy of property within the municipality
and for prohibiting the occupancy or use of such property that does not conform
to the standards; and for requiring property that does not conform with the
standards to be repaired and maintained to conform with the standards or
requiring the property to be cleared of all buildings, structures, debris or refuse
and left in a graded and levelled condition;
AND WHEREAS the County of Wellington Official Plan for the Township of
Guelph-Eramosa includes provisions relating to property conditions;
AND WHEREAS Section 15.6(1) of the Building Code Act, 1992, S.O. 1992, c.
23, as amended requires that a By-law passed under Section 15.1(3) of the
Building Code Act, 1992, S.O. 1992, c. 23 shall provide for the establishment of a
Property Standards Committee;
NOW THEREFORE, the Council of the Corporation of the Township of Guelph-
Eramosa enacts as follows:
1.0
TITLE AND SCOPE
1.1
This By-Law may be referred to as "The Property Standards By-
Law".
1.2
The standards for maintenance and occupancy of property set
forth in this By-Law are hereby prescribed and adopted as the
minimum standards for all property within the Township.
1.3
No person shall occupy a property if there is a condition which
poses or constitutes an unsafe condition.
1.4
A property within the Township that does not conform with the
standards contained in this By-law shall be:
(a)
repaired and maintained to conform with such standards; or
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(b)
cleared of all buildings, accessory buildings, structures
or waste and left in a graded and levelled condition.
1.5
This By-law does not apply so as to prevent a farm, meeting the
definition of "agricultural operation" under the Farming and Food
Production Protection Act, 1998, S.O. 1998, c.1, from carrying out a
normal farm practice as provided for and defined under that Act.
1.6
Nothing in this by-law shall be construed as limiting, restraining,
superseding, impeding or otherwise conflicting with the Planning
Act, the authority of the Medical Officer of Health, Fire Marshal, or
any Provincial or Federal Minister and his/her powers as set out in
any Act, by-law or regulation. . [Added by Section 1 of By-law 13-
2021 on March 1, 2021.]
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2.0
APPLIED MEANING OF WORDS AND TERMS
2.1
Interchangeability: Words used in the present tense include the
future, words in the masculine gender include the feminine and
neuter; the singular number includes the plural, and the plural
includes the singular.
3.0
DEFINITIONS
In this By-law:
"accessory building" means a detached building or structure,
not used for human habitation that is subordinate to the primary use
on the same property;
"basement" means that portion of a building between two floors,
which is partly underground of the first floor joists above the
average finished grade level adjacent to the exterior walls of the
building and includes a crawl space and cellar;
"boat" means any vessel which floats on the surface of the water
and is capable of carrying people or material whether motorized or
not and includes but is not limited to pleasure craft, scows, personal
water craft, canoes, row boats, pontoon boats and commercial
boats, when on the water or on land;
"building" means a building as defined in the Building Code Act,
or a structure used or intended to be used for supporting or
sheltering any use or occupancy;
"Building Code Act" means the Building Code Act, 1992, S.O.
1992, c. 23, as amended and any prescribed regulations under the
Building Code Act;
"Committee" means a Property Standards Committee established
under this By-law;
"Compost" means a collection of humus material such as kitchen
and table waste, grass clippings, plant trimmings, weeds or other
leaves;
"Council" means the Council for the Township;
"Derelict" shall include any Derelict Vehicle, machinery, trailer,
boat, or vessel [Added by section 1 of By-law 46/2023];
"Derelict vehicle" means a motor vehicle as defined in the
Highway Traffic Act that is;
(a)
inoperative by reason of removed wheels battery motor
transmission or other parts or equipment necessary for its
operation;
(b)
not in a roadworthy condition;
(c)
in a state of disrepair or unsightly by reason of missing doors
glass or body parts; or
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(d)
inoperable and appears incapable of use as a means of
lawful transportation or has an industry standard book value
as a means of transportation that is less than the cost of
repairs required to put it into a lawful operable condition
unless otherwise demonstrated by an authorized licensed
mechanic [Added by section 1 of By-law 46-2023];
"dwelling" means a building or part of a building, occupied or
capable of being occupied, in whole or in part for the purpose of
human habitation;
"dwelling unit" means a room or a suite of rooms operated as a
housekeeping unit, used or intended to be used as a domicile by
one or more persons and supporting general living conditions
including cooking, eating, sleeping and sanitary facilities;
"exterior property areas" means the property, exclusive of a
building and an accessory building;
"fence" means a 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;
"firewood" means any lumber, timber, logs, poles, cut up trees or
felled trees, any salvaged wood products included but not limited to
wood skids, wood boxes, and used wood products that are not
required for a building, accessory building or
structure currently under construction on the property or for which
there is a current or regular use;
"ground cover" means organic or non-organic material applied to
prevent the erosion of the soil, e.g., concrete, flagstone, gravel,
asphalt, grass or other forms of landscaping;
"guard" means a protective barrier installed around openings in
floor area or on the open sides of a stairway, a landing, a balcony,
a mezzanine, a gallery, a raised walkway, or other locations as
required to prevent accidental falls from one level to another. Such
barriers may or may not have openings through them;
"habitable room" means a room or enclosed floor space used, or
capable of being used for living, eating, sleeping or domestic food
preparation purposes, but excludes a bathroom, water closet
compartment, laundry, pantry, foyer, lobby, hall, passageway,
corridor, closet, stairway, storage room, furnace room or other
accessory space used for service, maintenance or access within a
building;
"heritage attribute" means an attribute of a heritage property that
contributes to its cultural heritage value or interest that is defined,
described or inferred:
(a)
in a By-law designating a heritage property;
(b)
in a By-law designating a heritage conservation district;
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(c)
in a Minister's Order made under the Ontario Heritage Act;
(d)
in any documentation considered as part of (a), (b) and (c)
above;
and includes any elements, features or components that support or
protect the heritage attribute.
"heritage property" means a Property designated under Part IV
or Part V or by a Minister's Order under the Ontario Heritage Act.
"Noxious Weed" means, as defined in the Weed Control Act,
R.S.O. 1990, c. W. 5, as amended, a plant that is deemed to be a
noxious weed under subsection 10 (1) or designated as a noxious
weed under section 24 (a) of that Act, as amended;
"occupant" means any person or persons over the age of
eighteen years in possession of the property;
"openable area" means that part of a window or door which is
available for unobstructed ventilation and which opens directly to
the outdoors;
"owner" includes,
(a)
the person for the time being managing or receiving
the rent of the land or premises in connection with
which the word is used, whether on the person's own
account or as agent or trustee of any other person, or
who would receive the rent if the land and premises
were let; and
(b)
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;
"person" includes a corporation and its heirs, executors,
administrators, or other representatives of a person to whom the
context can apply according to law;
"property" means a building or accessory building, or part of a
building or accessory building, and includes the lands and
premises appurtenant thereto and all mobile structures, mobile
buildings, mobile homes, outbuildings, fences, retaining walls, and
erections thereon, whether heretofore or hereafter erected, and
also includes vacant property and heritage property;
"Property Standards Officer" shall mean a Property Standards
Officer who has been appointed by by-law to administer and
enforce this By-law;
"Repair" includes 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;
"safe condition" means a condition that does not pose or
constitute an undue or unreasonable hazard or risk of life, limb or
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health of any person on or about the property, and includes a
structurally sound condition;
"sewage" means water-carried waste, together with such ground,
surface and storm waters as may be present;
"sewage system" means the Township's system of storm
sewers, sanitary sewers and combined sewers, or a private sewage
disposal system;
"structure" means anything constructed either permanent or
temporary, the use of which requires location on or an attachment
to something having location on the ground;
"Township" means the Corporation of the Township of Guelph-
Eramosa or the land within the geographic limits of the Corporation
of the Township of Guelph-Eramosa as the context requires;
"unsafe condition" means any condition that poses or constitutes
an undue or unreasonable hazard or risk to life, limb or health of
any person on or about the property.
"vacant building" means any building or accessory building that
is or appears to be vacant, partially vacant, or unoccupied, or that,
by reason of its unfinished or dilapidated condition, is open to the
elements and in a state that there is little to no control over
unauthorized entry, but does not include:
(a)
a dwelling unit occupied by the owner on a seasonal
basis but otherwise maintained throughout the year;
(b)
a building or accessory building on property used
for farming purposes, except a dwelling unit.
"vacant property" means a property that does not have a
building or accessory building;
"vehicle" means anything that is powered, drawn, propelled or
driven by any means including muscular power, which includes a
motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power driven equipment.
"waste" includes any debris, rubbish, refuse, sewage, effluent,
garbage, brush, ashes, litter, wrappings, salvage, vehicle parts,
discarded material or things, broken or dismantled things, or
materials or things exposed to the elements, deteriorating or
decaying on a property due to exposure to the weather.
4.0
EXTERIOR PROPERTY AREAS - GENERAL REQUIREMENTS
4.1
Exterior Property Areas shall be kept in a neat and tidy condition,
and free from:
(a)
waste;
(b)
injurious insects, termites, rodents, vermin and other pests
and any condition that may promote an infestation;
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(c)
Noxious weeds and excessive growth of other weeds and
grass;
(d)
unsightly and unreasonably overgrown, in relation to their
environment, ground cover, hedges and bushes;
(e)
dead, decayed, or damaged trees, or other natural growth and
the branches and limbs thereof which create an unsafe
condition;
(f)
wrecked, dismantled, derelict, inoperative, discarded, unused
or an unlicensed vehicle or trailer, except in an establishment
licensed or authorized to conduct and operate such a
business in accordance with any other by-laws, and then only
in an arrangement such as to prevent an unsafe condition or
an unsightly condition and screened from view from an
adjacent property;
(g)
wrecked, dismantled, derelict, inoperative, discarded or
unused boat and any component parts thereof, except in an
establishment licensed or authorized to conduct and operate
such a business, and then only in an arrangement such as to
prevent an unsafe condition or an unsightly condition and
screened from view from an adjacent property;
(h)
machinery or any parts thereof, or other objects or parts
thereof, or accumulations of material or conditions that create
an unsafe condition or an unsightly condition out of character
with the surrounding environment;
(i)
dilapidated or collapsed building or accessory building and
any unprotected well or other unsafe condition or unsightly
condition out of character with the surrounding environment;
(j)
stagnant water;
(k)
animal excrement, except in connection with a lawful
agricultural use on a property;
(l)
firewood, except if stored in neat orderly piles.
4.2
Suitable ground cover shall be provided to prevent erosion of the
soil. Where grass forms a part of the ground cover and has been
killed, such dead areas shall be re-sodded or re-seeded as often as
required so as to restore the grass to a living condition.
4.3
Hedges, plantings, trees or other landscaping, required by the
Township as a condition of site development or redevelopment,
shall be maintained in a living condition or shall be replaced with
equivalent landscaping, so as to carry out its intended function and
maintain an attractive appearance.
4.4
Landscaping and general maintenance of the exterior property
areas shall not detract from the landscaping and the general
maintenance of the neighbourhood of which they are a part.
4.5
An abandoned or unused well, septic tank or a hole on a property
shall be filled or safely covered and protected.
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4.6
An ice-box, refrigerator, freezer or other container shall not be
placed in an exterior property area for disposal without first
removing all locks and doors or taking some other adequate
precautionary measure to prevent a person from being trapped in
an ice-box, refrigerator, freezer or other container.
4.7
No vehicle shall be parked on any property, except on a paved or
appropriately finished surface which shall:
(a)
consist of asphalt, crushed stone, paving brick, concrete or
similar hard-surfaced materials.
(b)
be stable and treated to prevent erosion and the raising of
dust and loose particles.
(c)
be graded and drained so as to prevent the pooling of
surface water or the flow of surface water onto adjacent lots
[Added by section 2 of By-law 46-2023].
4.8
Where a zoning by-law permits outdoor storage such storage:
(a)
shall not exceed the lesser of 2.44 metres (8 feet) or the
height of a surrounding fence.
(b)
shall be maintained so as to prevent an unsafe or unsightly
condition out of character with the surrounding environment.
(c)
shall have a fence maintained in an manner appropriate to
the adjacent uses in order to minimize the visual impact of
nuisances to persons at grade adjacent to the property
[Added by section 2 of By-law 46-2023].
5.0
DRAINAGE
5.1
Exterior property areas shall be:
(a)
graded and maintained in such a manner as to prevent the
excessive or recurrent ponding of storm water thereon; and
(b)
cultivated or protected with a suitable ground cover to
prevent erosion of the soil.
5.2
All catch basins, swales and ditches shall be maintained so as to
not impede the natural flow of water.
5.3
The storm water run-off from all downspouts of impervious surfaces
shall be contained within the limits of the property from which it
originates until absorbed by the soil or drained to a storm sewer, or
to a natural or artificially-created swale, ditch or watercourse.
5.4
No roof drainage shall be discharged or channeled onto walkways,
stairs, or onto adjacent lands [Added by section 3 of By-law 46-
2023].
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5.5
Storm water, sump or swimming pool discharge, and water
artificially brought on the land, shall be drained from the yard so as
to prevent recurrent ponding or the entrance of water into a
basement, cellar, or onto adjacent lands [Added by section 3 of By-
law 46-2023].
5.6
Adequate drainage shall be installed where there is recurring
excessive ponding caused by surface water [Added by section 3 of
By-law 46-2023].
5.7
No water shall be drained from a swimming pool, pond, or other
waterholding device on to abutting properties [Added by section 3
of By-law 46-2023].
6.0
HEALTH
6.1
All sewage shall be discharged into an approved sewage system.
7.0
BUFFERING
7.1
Property which, because of its use or occupancy, or for other
reasons is required to be buffered shall:
(a)
maintain an effective barrier to prevent lighting and vehicle
headlights from shining directly into a dwelling unit;
(b)
maintain an effective barrier to prevent wind-blown waste
from encroaching on an adjacent property;
(c)
maintain a visual screen, to minimize the visual impact of a
nuisance to a person who owns or occupies an adjacent
property.
8.0
RETAINING WALLS
8.1
A retaining wall shall be maintained in good repair and free from
accident hazards.
8.2
Without restricting the generality of section 8.1 the maintenance of
a retaining wall may include:
(a)
redesigning,
repairing
or
replacing
all
deteriorated,
damaged, misaligned or missing portions of the wall, or
railings and guards appurtenant thereto;
(b)
installing subsoil drains where required to maintain the
stability of the retaining wall;
(c)
grouting masonry cracks;
(d)
applying a coat of paint or equivalent preservative to all
metal or wooden exposed components.
9.0
FENCES
9.1
A fence on a property separating adjoining property shall:
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(a)
be in a structurally sound condition and plumb, unless
specifically designed to be other than vertical;
(b)
be maintained in a good state of repair and free of accident
hazards;
(c)
not present an unsightly appearance.
9.2
Without restricting the generality of section 9.1 the maintenance of
a fence may include:
(a)
protecting by paint, treated with a preservative or other
weather
resistant
material
unless
the
aesthetic
characteristics of the fence are enhanced by the lack of
such treatment.
10.0
LIGHTING STANDARDS AND FIXTURES
10.1
Adequate lighting standards and fixtures shall be maintained so that
the work or operations normally carried out in an area, or the use of
an area, can be undertaken in safety and to provide safe passage.
10.2
Lighting standards and fixtures shall be kept in a safe condition, in
good working order and in good visual condition.
11.0
RECREATIONAL FACILITIES, LAUNDRY FACILITIES ROOMS
AND AREAS
11.1
A recreational facility, laundry facility, mail collection area including
mailboxes, room or area and the equipment and appliances
provided in connection therewith shall be:
(a)
maintained in an operable and usable condition;
(b)
maintained in a safe condition;
(c)
with the exception of an outdoor recreational facility,
maintained in a clean condition.
12.0
WALKWAYS, DRIVEWAYS, RAMPS, PARKING AREAS AND
LANDINGS
12.1
A walkway, driveway, ramp, parking area and landings shall be
promptly cleared of snow and appropriate measures shall be taken
to minimize the risk of persons slipping or vehicles skidding on an
icy surface.
12.2
An area used for vehicle traffic and parking shall be maintained
through paving or surfaced with crushed stone or other suitable and
reasonably dust-free substance, and shall be free from ponding and
puddles and maintained in good state of repair and safe condition.
12.3
A parking area, driveway, walkway and other similar public access
areas of an exterior property area shall be kept clean and free
from waste, objects or conditions that may create an unsafe
condition, health, fire, accident hazard or unsightly condition.
11
12.4
A paved communal parking area shall be maintained with suitable
markings, such as painted lines, to indicate parking spaces, entry
and egress for vehicles.
12.5
A walkway and driveway shall be repaved, resurfaced or regraded
as often as necessary to maintain a reasonably smooth, slip-free
and safe walkway and driveway.
12.6
An owner shall cause any snow disposal site or snow storage site
on a property to be:
(a)
maintained so as not to cause a hazard on the property;
and
(b)
maintained in such a manner and location on the property
so as to prevent a hazard, flooding, erosion and other
damage to a neighbouring property.
13.0
BUILDINGS AND ACCESSORY BUILDINGS
STRUCTURAL ADEQUACY - CAPACITY
13.1
All repairs and maintenance of property required by the standards
prescribed in this By-law shall be carried out in a manner accepted
as good workmanship in the trades concerned and with materials
suitable and sufficient for that purpose.
13.2
Every part of a building or accessory building shall be
maintained in good repair and in a structurally sound condition so
as:
(a)
to be capable of sustaining safely its own weight, and any
additional load to which it may normally be subjected to;
(b)
to be capable of safely accommodating all normal structural
movements without damage, decay or deterioration;
(c)
to prevent the entry of moisture that would contribute to
damage, fungus growth, decay or deterioration;
(d)
to be capable of safely and adequately performing its
function subject to all reasonable serviceability requirements.
13.3
The abating of an unsafe condition may include:
(a)
the provision or repair of stairs, balustrades, railings,
guards and screens so as to minimize the risk of accident;
(b)
the elimination of other conditions which, in themselves are a
hazard to life or which risk serious injury to persons
normally in or about the subject building, accessory
building, room, suite of rooms or space;
(c)
the installation of a handrail in conjunction with every set of
stairs containing three (3) or more risers and such handrail
shall be adequately secured and maintained in a good state
of repair.
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14.0
HEALTH AND REFUSE
14.1
A building and accessory building on a property shall be kept
free of waste and pests, such as rodents, vermin, termites and
injurious insects and any condition that may promote an infestation.
14.2
Every residence building floor, having a common access corridor to
individual apartments shall be maintained and the central storage
and disposal facility shall be maintained.
14.3
In a dwelling unit, sufficient rooms, containers and receptacles
shall be maintained to safely contain all waste, which shall not be
allowed to accumulate but shall be removed or made available for
removal in accordance with any applicable by-laws.
14.4
An external container and receptacle shall be screened from view
and shall be provided with a cover so that the material contained
therein is not exposed to injurious insects, termites, rodents, vermin
or other pests.
14.5
Every building and accessory building shall be provided with
sufficient proper receptacles to contain all
waste, which
accumulates on the property, and such waste shall be placed for
collection in proper receptacles in compliance with applicable laws
and not allowed to accumulate for longer than fourteen (14) days.
14.6
A receptacle for waste shall be:
(a)
made of watertight construction;
(b)
provided with a tight fitting cover, which may be removed
only when the receptacle is empty or is being actively loaded;
(c)
maintained in good working condition and order without
holes or spillage; and
(d)
closed, or emptied, rinsed and cleaned when not in use, to
prevent the escape of offensive odour or waste.
14.7
Garbage chutes, disposal and collection rooms shall be:
(a)
washed down and disinfected as necessary so as to
maintain a clean and odour free condition; and
(b)
maintained in good working order.
14.8
Injurious insects, termites, vermin, rodents and other pests shall be
exterminated and appropriate measures shall be taken to prevent
their re-entry to a building or accessory building on a property.
14.9
In a dwelling, openings in the exterior walls or roof shall be fitted
and maintained to protect all habitable space from water and
weather entry, and to make such space free from drafts.
14.10
No portion of a dwelling shall be used for human habitation unless:
(a)
the floors, walls and ceiling areas are watertight and free
from dampness at all times;
13
(b)
the total window area, the total openable area for natural
ventilation and the ceiling height are in accordance with the
provisions of the Building Code Act or, alternatively,
reventilation and/or mechanical ventilation is provided as
prescribed by the Building Code Act;
(c)
the required minimum window area of every habitable room
is entirely above the grade of the ground adjoining such
window area, or the top of the window well, whichever is the
higher elevation.
15.0
COMPOST
15.1
Compost on a property shall be maintained in a composter or an
open compost pile that is not larger than 2.0 square metres (21.5
square feet) in area and 1.0 metre (39 inches) in height.
15.2
A composter or an open compost pile shall be kept free of pests,
such as rodents, vermin, termites and injurious insects and any
condition that may promote an infestation.
16.0
HEATING, HEATING SYSTEMS, CHIMNEYS, VENTS AND FUEL
BURNING APPLIANCES
16.1
Every building containing an occupied dwelling unit or habitable
room shall be provided with suitable heating facilities capable of
maintaining an indoor ambient temperature of 21 degrees Celsius
between the 15th day of September to the 1st day of June the
following year. A heating system shall be maintained in good
working condition so as to be capable of safely heating the
dwelling unit or habitable room to the required standard.
16.2
No rental dwelling unit shall be equipped with portable heating
equipment as a primary source of heat.
16.3
A fuel burning appliance shall:
(a)
have ample air supply to permit combustion to occur with
optimum oxygen available;
(b)
be located in such a manner as to prevent impediment to the
free movement of a person and the overheating of adjacent
materials and equipment;
(c)
have guards where necessary to minimize the risk of an
accident.
16.4
Where a heating system or part thereof requires solid or liquid fuel
to operate, a place or receptacle for such fuel shall be provided and
maintained in a safe condition and location so as to be free from
fire or accident hazard.
16.5
A fuel burning appliance, equipment and accessories shall be
properly vented to the outside air by means of a smoke-pipe, vent
pipe, chimney flue or other approved method and as may be
required by the Building Code Act.
14
16.6
Every chimney, smoke-pipe, flue and vent shall be maintained in a
good state of repair so as to prevent the escape of smoke, fumes
or gases from entering a building. Maintenance may include the
removal of obstructions, sealing open joints, and the repair of loose
or broken masonry units.
16.7
Every chimney, smoke-pipe, flue and vent shall be maintained in a
good state of repair so as to prevent the heating of adjacent
combustible material or structural members to unsafe temperatures.
17.0
AIR CONDITIONING
17.1
An air conditioner shall be equipped with adequate devices for the
prevention of condensation drainage on to entrance areas,
sidewalks or pathways and shall be maintained in a safe
mechanical and electrical condition.
17.2
Cooling water from water-cooled equipment shall not be discharged
on a driveway, walkway or other areas used for pedestrian or
vehicular traffic, or in such a manner that it may cause damage to a
wall, foundation or part of a building or accessory building.
17.3
The discharge of cooling water from water-cooled equipment shall
be made to a proper drainage system and shall be connected in
accordance with all applicable government regulations.
18.0
INTERIOR LIGHTING
18.1
Interior lighting standards and fixtures shall comply with the
requirements of section 10.
19.0
VENTILATION
19.1
Sufficient ventilation shall be provided to all areas of a building or
an accessory building so as to prevent accumulations of heat,
dust, vapours, odours, carbon monoxide and other gases likely to
create a potential unsafe condition or to become a nuisance.
19.2
A kitchen, bathroom, shower room and toilet room shall be provided
with adequate natural or artificial means of ventilation.
19.3
An enclosed area of a building or an accessory building including
a basement and an attic shall be adequately ventilated.
19.4
A system of mechanical ventilation shall be maintained in good
working order.
20.0
PLUMBING
20.1
A dwelling unit shall be provided with an adequate supply of
potable running water from a source approved by the Medical
Officer of Health and/or the Chief Building Official of the Township.
20.2
A washbasin, bathtub or shower, and one kitchen sink in a dwelling
unit shall be equipped with an adequate supply of hot and cold
running water. All hot water shall be supplied at a minimum of 45
degrees Celsius and a maximum of 60 degrees Celsius.
15
20.3
A fixture shall be of such materials, construction and design as will
ensure that the exposed surface of all parts are hard, smooth,
impervious to hot and cold water, readily accessible for cleansing
and free from blemishes, cracks, stains or other defects that may
harbor germs or impede thorough cleansing.
20.4
All plumbing, including drains, water supply pipes, water closets
and other plumbing fixtures shall be maintained in good working
order free of leaks and defects and all water pipes and
appurtenances thereto shall be protected from freezing.
20.5
All plumbing fixtures in every building or accessory building shall
discharge the water, liquids or sewage into drainage piping, which
shall be connected to a sewage system approved by the authority
having jurisdiction.
20.6.
All toilet facilities, sanitary conveniences and washing facilities shall
be maintained:
(a)
in good working order;
(b)
in a clean and sanitary condition;
(c)
supplied with hot and cold running water, with cold water
connection only to toilets and urinals;
(d)
connected to the drainage system.
21.0
KITCHEN
21.1
A dwelling unit shall contain a kitchen area equipped with:
(a)
one sink surrounded by a surface that is impervious to
grease and water;
(b)
a suitable storage area;
(c)
a counter or work area, exclusive of the sink and covered
with a material that is impervious to moisture and grease and
is easily cleanable;
(d)
a space provided for cooking and refrigeration appliances
including suitable electrical or gas connections.
21.2
A cooking appliance and a refrigeration appliance shall be
maintained in a good state of repair and operating condition.
22.0
BATHROOM
22.1
A dwelling unit shall contain a bathroom consisting of at least one
fully operational toilet, washbasin, and a bathtub or suitable shower
unit.
22.2
A bathroom and a toilet shall be located within and accessible from
within the dwelling unit.
22.3
Where a toilet or bathroom facility is shared by occupants of a
residential accommodation, other than a self-contained dwelling
16
unit, an appropriate entrance shall be provided from a common
passageway, hallway, corridor or other common space to the room
or rooms containing the said facility.
22.4
Every wall surrounding a shower shall be of impervious material
and shall be maintained in a good state of repair.
22.5
A bathroom as required by section 22.1 shall be located in a room
used for no other purpose and provided with a door capable of
being locked from the inside and opened from the outside in an
emergency.
23.0
FLOORS
23.1
A floor shall be smooth, level and maintained so as to be free of all
loose, warped, protruding, broken or rotted boards that may create
an unsafe condition or surface. A defective floor shall be repaired
or replaced.
23.2
Where a floor covering has become worn or torn so that it retains
dirt or may create an unsafe condition, the floor covering shall be
repaired or replaced.
23.3
A bathroom, kitchen and shower room shall have a floor covering of
water-resistant material and be capable of being cleaned.
24.0
ELECTRICAL SERVICE
24.1
A dwelling and dwelling unit shall be wired for electricity and shall
be connected to an approved electrical supply system.
24.2
The capacity of the connection to a building or accessory
building and the system of circuits distributing the electrical supply
of the building or accessory building shall be adequate for the
use and intended use.
24.3
Electrical wiring, cords, circuits, fuses, circuit breakers, electrical
equipment and electrical heating systems shall be maintained in
good working order, free from fire and accident hazards.
25.0
DISCONNECTED UTILITIES
25.1
An owner of a residential building or any person acting on behalf
of such owner shall not disconnect or cause to be disconnected
any service or utility supplying heat, electricity, gas, refrigeration or
water to a dwelling unit and habitable room occupied by a tenant
or lessee, except for such reasonable period of time as may be
necessary for the purpose of repairing, replacing or otherwise
altering said service or utility.
26.0
FOUNDATIONS
26.1
A foundation of a building or an accessory building shall be
maintained in good state of repair so as to prevent settlement
detrimental to the appearance of the building or accessory
building, or the entrance of moisture, vermin, termites and insects
or rodents into the building or accessory building.
17
26.2
Without limiting the generality of section 26.1, the maintenance of a
foundation may include:
(a)
the jacking-up, underpinning or shoring of the foundation
where necessary;
(b)
the extension of footings and foundations below grade or
regrading to provide adequate frost cover;
(c)
installing subsoil drains at the footing where such would be
beneficial;
(d)
the grouting of masonry cracks;
(e)
waterproofing the wall and joints;
(f)
the carrying out of such other work as may be required to
overcome any existing settlement detrimental to the
appearance of the building or accessory building;
(g)
repairing or replacing decayed, damaged or weakened sills,
piers, posts or other supports;
(h)
making sills, piers, posts or other supports insect-proof by
the application of suitable materials; and
(i)
coating with a preservative.
27.0
EXTERIOR WALLS, COLUMNS AND BEAMS
27.1
The components of an exterior wall of a building or an accessory
building shall be maintained:
(a)
in good state of repair and in a safe condition;
(b)
weather tight;
(c)
free from loose or unsecured objects or materials;
(d)
so as to prevent the entrance of insects, termites, vermin,
rodents or other animals;
(e)
so as to prevent deterioration due to weather, insects,
vermin, termites, rodents and other animals; and
(f)
so as to prevent deterioration detrimental to the appearance
of the building or an accessory building.
27.2
Without restricting the generality of section 27.1, the maintenance
of an exterior wall of a building or an accessory building may
include:
(a)
the applying of materials to preserve all exterior wood and
metal work or other materials not inherently resistant to
weathering;
18
(b)
the applying of materials to improve or maintain a pleasant
and satisfying appearance at least commensurate with that
of the neighbourhood;
(c)
the restoring, repairing or replacing of:
i)
the wall;
ii)
the masonry units and mortar;
iii)
the stucco, shingles or other cladding;
iv)
the coping; and
v)
the flashing and waterproofing of the wall and joint.
27.3
Exterior columns and beams and any decorative trim shall be
maintained in a good state of repair and in a safe condition.
Where necessary, such columns, beams and trim shall be restored,
repaired or replaced and suitably protected or treated against
weathering, so as to prevent or remedy deterioration detrimental to
the appearance of the building or accessory building.
28.0
EXTERIOR DOORS, WINDOWS AND OTHER OPENINGS -
CANOPIES-MARQUEES-AWNINGS
28.1
Shutters, windows, doors, hatchways and other exterior openings in
a building or an accessory building shall be kept weather tight,
draft free, and in good state of repair and working order.
28.2
Without restricting the generality of section 28.1, the maintenance
of a shutter, window, door, hatchway and other exterior opening
may include:
(a)
painting or the applying of a similarly effective preservative;
(b)
the repair, replacement or renewing of damaged, decaying,
missing or defective:
i)
doors;
ii)
door frames and casings;
iii)
windows and window sashes;
iv)
window frames and casings;
v)
shutters;
vi)
screens;
(c)
refitting doors, windows, shutters or screens;
(d)
reglazing or fitting with an translucent substitute;
(e)
rescreening;
(f)
using other approved means of weatherproofing where the
opening is used or required for ventilation or illumination and
is not protected by a window, door or similar closure:
i)
screening with wire mesh, metal grills or other
equivalent durable material; or
ii)
other protection so as to effectively prevent the entry
of insects, termites, rodents, vermin or other animals.
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28.3
Glazed doors, windows and other transparent surfaces shall be
kept clean so as to permit unimpeded visibility and unrestricted
passage of light.
28.4
A window in a dwelling unit that can be or is required by the
standards to be openable shall be provided with screening to
effectively prevent the entry of insects.
28.5
Nothing in this section shall be construed as preventing doors,
windows and other openings in an unoccupied building or
accessory building from being protected from damage or to
prevent entry, for such time as determined by section 37.
28.6
A canopy, marquee or awning shall be properly anchored so as to
be kept in a safe condition and shall be protected from decay and
rust by a periodic application of weather-coating material.
28.7
A building shall have a safe, continuous and unobstructed passage
from the interior to an exit or the outside of the building at street or
grade level.
28.8
A door that facilitates access to or egress from a dwelling unit
shall be equipped with locks, and shall be maintained in a good
state of repair and in an operating condition.
28.9
In a multi-residential dwelling where a security locking-and-release
system has been provided in the front or rear lobby for the entrance
into the multi-residential dwelling and that system is controlled from
each dwelling unit, such system shall be maintained in a good
state of repair and in an operating condition.
29.0
EXTERIOR STAIRS, VERANDAS, PORCHES, DECKS, LOADING
DOCKS, BALCONIES AND FIRE ESCAPES
29.1
An exterior stair, veranda, porch, deck, loading dock, balcony, fire
escapes and every appurtenance attached thereto shall be
maintained, reconstructed or repaired so as to be safe to use and
capable of supporting the loads to which it may be subjected, as
specified in the Building Code Act, and shall be kept in safe
condition and good state of repair, free of all accident hazards
and other deterioration or objects detrimental to the appearance of
the building or accessory building.
29.2
Without restricting the generality of section 29.1, the maintenance,
reconstructing or repairing of an exterior stair, veranda, porch,
deck, loading dock, balcony and fire escape may include:
(a)
repairing or replacing treads, risers or floors that show
excessive wear or are broken, warped, loose or otherwise
defective;
(b)
repairing, renewing or supporting structural members that
are rotted, deteriorated or loose;
(c)
providing, repairing or renewing guard rails, railings and
balustrades; and
(d)
painting or the applying of an equivalent preservative.
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29.3
Exterior stairs and fire escapes shall be kept free from ice and
snow.
21
30.0
ROOFS AND ROOF STRUCTURES
30.1
A roof, roof deck, roof structures including solar energy panels,
wind generators and related guards of a building or accessory
building shall be:
(a)
weather tight and free from leaks;
(b)
free from loose or unsecured or unsafe objects and
materials;
(c)
free from accident hazards;
(d)
free from dangerous accumulation of ice and snow;
(e)
kept in a good state of repair and in a safe condition;
(f)
free from other unsightly objects and conditions detrimental
to the appearance of the building or accessory building.
30.2
The drainage from all roof surfaces shall discharge into an
eavestrough or roof gutter and thence to a downpipe.
30.3
An eavestrough, roof gutter and downpipe shall be kept:
(a)
in good repair;
(b)
in good working order;
(c)
water tight and free from leaks;
(d)
free from accident hazards;
(e)
protected by painting or the applying of other equivalent
preservative.
30.4
Chimneys, smoke or vent stacks and other roof structures shall be
maintained plumb and in good state of repair and shall be:
(a)
free from loose bricks, mortar and loose or broken capping;
(b)
free from loose or rusted stanchions, guy wires, braces and
attachments;
(c)
free from any accident hazard;
(d)
free from the entrance of smoke or gases into a building or
accessory building;
(e)
free from the heating of adjacent combustible materials,
walls and structural members to unsafe temperatures;
(f)
weather tight and free from leaks;
(g)
free from unsightly objects and conditions detrimental to the
appearance of the building or accessory building.
22
31.0
Exterior Maintenance
31.1
All exterior surfaces that have been previously painted, stained,
varnished or which have received other similar protective finishes
shall be maintained without visible deterioration from the original
finish, or shall be suitably refinished by application of an equivalent
preservative.
31.2
Appropriate measures shall be taken to remove any graffiti,
markings, stains or other defacement, occurring on the exposed
finished exterior surfaces and, where necessary, to restore the
exterior surface and adjacent areas to, as near as possible, to its
appearance before the markings, stains or defacement occurred.
31.3
In the event of fire or other disaster, measures shall be taken as
soon as possible to make the damaged building or accessory
building compatible with its environment. Without restricting the
generality of the foregoing, such measures include:
(a)
making the building or accessory building safe;
(b)
repairing of damaged surfaces exposed to view;
(c)
cleaning any damaged surfaces exposed to view;
(d)
refinishing so as to be in harmony with adjoining undamaged
surfaces.
31.4
In the event the building or accessory building is beyond repair,
the property shall be cleared of all remains and left in a graded
level and tidy condition.
32.0
INTERIOR WINDOWS, DOORS, SURFACES, FLOORS AND
STAIRS
32.1
Interior windows, doors, surfaces, floors and stairs shall be
maintained:
(a)
in a clean, odour free and sanitary condition, reasonable for
the normal use or occupancy of the room, passageway,
enclosure or space;
(b)
in good working order and good state of repair, free from
holes, loose, broken, warped, torn, damaged or decayed
boards or materials;
(c)
free from depressions, protrusions, deterioration or other
defects which could create an unsafe condition or which
are out of character with the normal use of the area in which
such defect occurs;
(d)
so as to afford the fire resistive properties and other
protection for which they shall be designed; and
(e)
free of any graffiti, markings, stains or other defacement.
32.2
Interior windows and doors shall also comply with the requirements
of section 28.
23
33.0
INTERIOR STRUCTURE - COLUMNS AND BEAMS
33.1
A building and an accessory building and all structural
components, including but not limited to all joists, beams, studding,
and roof rafters, shall be maintained with material adequate for the
load to which they are subjected to.
34.0
WALLS-CEILINGS
34.1
Every interior surface and finish of walls and ceilings shall be
maintained:
(a)
in good state of repair, a surface which is reasonably
smooth, clean, tight and easily cleaned;
(b)
free of holes, cracks, loose plaster or other material;
(c)
in a safe condition;
(d)
so as to possess the fire resistant properties required by the
Building Code Act and the Fire Protection and Prevention
Act, as amended.
35.0
ELEVATORS
35.1
An elevator, an elevating device, dumb-waiters, hoists, escalators,
incline lifts including all parts, lighting fixtures, lamps, elevator
buttons, floor indicators and ventilation fans shall be maintained in
good state of repair, operable and in a safe condition.
36.0
HERITAGE PROPERTIES
36.1
In addition, to all other standards prescribed by this By-law, an
owner of a Heritage Property shall:
(a)
protect, maintain and stabilize a heritage attribute so as to
preserve the existing materials;
(b)
in the conduct of a repair use only materials that match the
form and detailing of the original elements of the heritage
attribute; and
(c)
be repaired using only recognized conservation methods.
37.0
VACANT PROPERTY AND VACANT BUILDINGS AND
HERITAGE PROPERTY - ADDITIONAL STANDARDS
37.1
Vacant property shall be kept clear of all waste and other
materials and equipment not otherwise permitted by the zoning by-
law.
37.2
A vacant building or heritage property shall:
(a)
be secured against unauthorized entry;
(b)
have liability insurance; and
24
(c)
be protected against the risk of fire, accident, or other
danger.
37.3
Where a vacant building or heritage property has been vacant
for at least sixty (60) consecutive days, a Property Standards
Officer who reasonably believes that a vacant building poses a
risk to safety or the heritage attributes of a heritage property
may be at risk may, in writing, require the Owner of a vacant
building or heritage property to do any one or more of the
following, within the timeframe specified by the Property
Standards Officer:
(a)
install security measures or devices to the satisfaction of the
Property Standards Officer, and such measures may
include boarding of doors, windows, or other openings; or
(b)
do any work or repairs which, in the opinion of the Property
Standards Officer, are necessary to secure a vacant
building or heritage property from unauthorized entry or
protect a vacant building or heritage property against the
risk of fire, accident, or other danger; or
(c)
do any work or repairs which, in the opinion of the Property
Standards Officer, are necessary to preserve the heritage
attributes of a heritage property.
37.4
Where a vacant building or heritage property is boarded or
required to be boarded:
(a)
boarding materials shall be installed and maintained in good
order;
(b)
boarding materials shall be installed to exclude precipitation
and wind from entering the vacant building or heritage
property, and to secure the vacant building or heritage
property from unauthorized entry, and shall be installed
within the reveal of the opening frame or cladding, where
feasible;
(c)
unless
inherently
resistant
to
deterioration,
boarding
materials shall be treated with a protective coating of paint or
equivalent weather resistant material;
(d)
boarding materials shall be selected, coated, coloured, and
installed to match surrounding door/window frames and
exterior wall finishes;
(e)
in the case of a Heritage Property a Property Standards
Officer may specify additional or different requirements to
ensure the protection of heritage attributes and to minimize
visual impacts.
37.5
Where a vacant building or heritage property remains vacant for
more than ninety (90) consecutive days, the Owner shall ensure
that all utilities serving the vacant building or heritage property
are properly disconnected, terminated, or capped, unless such
utilities are necessary for the safety or security of the vacant
building or heritage property, or unless such utilities are
25
otherwise required by law to remain connected, or required to
maintain and monitor proper heating and ventilation to prevent
damage to the heritage attributes at a heritage property.
37.6
When openings in a vacant building or heritage property
previously boarded or secured become unsecured, such openings
shall be secured again, and as determined by the Property
Standards Officer may require the use of materials and fasteners
of greater strength, installed in such a manner to deter their
removal or destruction.
37.7
Where a vacant building or heritage property has remained
vacant or unoccupied for a period of two (2) years and continues in
a state of disrepair and deterioration, a Property Standards
Officer may issue an order to remove all previously installed
boarding from windows and doors and to repair the vacant
building or heritage property in compliance with the standards set
out in this By-law and in keeping with the protection of the heritage
attributes of a heritage property.
38.0
ADMINISTRATION AND ENFORCEMENT
38.1
A Property Standards Officer is responsible for the administration
and enforcement of this By-law.
38.2
A Property Standards Officer 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,
(a)
whether the property conforms with the standards
prescribed in this by-law;
(b)
whether an order made under this by-law and the Building
Code Act has been complied with.
38.3
A Property Standards Officer shall not enter or remain in any
room or place actually being used as a dwelling unless,
(a)
the consent of the occupant is obtained, the occupant 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;
(b)
a warrant issued under the Building Code Act is obtained;
(c)
the delay necessary to obtain a warrant or the consent of the
occupant would result in an immediate danger to the health
or safety of any person;
(d)
the entry is necessary to terminate a danger under
subsection 15.7 (3) or 15.10 (3) of the Building Code Act; or
(e)
the requirements of section 38.4 are met and the entry is
necessary to remove an unsafe condition under clause
15.9 (6) (b) of the Building Code Act or to repair or
demolish under subsection 15.4(1) of the Building Code
Act.
26
38.4
Within a reasonable time before entering the room or place for a
purpose described in section 38.3 (e), the Officer shall serve the
occupant with notice of his or her intention to enter it.
38.5
A Property Standards Officer for the purposes of an inspection
has all the powers as provided for in section 15.8(1) of the Building
Code Act.
39.0
ORDERS AND COMPLIANCE
39.1
An owner of property shall comply with the standards and
requirements prescribed in this By-law.
39.2
Every Property Standards Officer who finds that a property does
not conform with any of the standards of this By-law, may make an
order pursuant to the provisions of Section 15.2 of the Building
Code Act:
(a)
requiring the property that does not conform with the
standards to be repaired and maintained to conform with the
standards; or
(b)
requiring that the site be cleared of all buildings or
accessory buildings, structures, debris or refuse and left
in a graded and leveled condition.
39.3
Every owner of property shall comply with an order made pursuant
to this By-law and the Building Code Act requiring compliance as
confirmed or modified. If an order of a Property Standards 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 Township may cause the property to be repaired or
demolished accordingly.
39.4
Where any person fails to comply with an order issued, the
Township may enter and cause the required work to be done at the
cost of the person. The cost of such work may be recovered by
action or by adding the costs to the tax roll and collecting the costs
in the same manner as property taxes.
40.0
APPEAL OF ORDER
40.1
An owner who has been served with an order made under this By-
law and Building Code Act 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.
40.2
The prescribed fee set out in the Township's Fees and Charges
By-law shall be payable by an owner upon filing a notice of appeal.
40.3
An order that is not appealed within the time referred to in Section
40.1 shall be deemed to be confirmed.
40.4
The Committee shall hear the appeal.
27
40.5
On an appeal, the Committee has all the powers and functions of
the Property Standards 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:
(a)
Confirm, modify or rescind the order to demolish or repair.
(b)
Extend the time for complying with the order.
40.6
The Township in which the property is situate or any owner or
person affected by a decision under this section may appeal to the
Superior Court of Justice by notifying the Clerk of the Township in
writing and by applying to the court within 14 days after a copy of
the decision is sent.
40.7
The 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 matter in which and the persons upon whom the
appointment is to be served.
40.8
On the appeal, the judge has the same powers and functions as the
Committee.
40.9
An order that is deemed to be confirmed under section 40.3 or that
is confirmed or modified by the Committee under section 40.4 or a
judge under section 40.8, as the case may be, shall be final and
binding upon the owner who shall carry out the repair or demolition
within the time and in the manner specified in the order.
41.0
POWER OF TOWNSHIP TO REPAIR AND DEMOLISH
41.1
If an order is not complied with in accordance with the order as
deemed confirmed or as confirmed or modified by the Committee
or a judge, the Township in accordance with section 15.4 of the
Building Code Act may cause the property to be repaired or
demolished.
41.2
Where an order is not complied with and the Township has caused
the property to be repaired or demolished, the Township has
priority lien status in accordance with section 1 of the Municipal Act,
2001, as amended, on the property for the amount spent on the
repair or demolition and the amount may be added to the tax roll by
the Treasurer of the Township and may be collected in the same
manner as taxes on the property.
42.0
EMERGENCY ORDERS
42.1
If upon inspection of a property an 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 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 other work to be
carried out immediately to terminate the danger.
28
43.0
CERTIFICATE OF COMPLIANCE
43.1
After inspecting a property, a Property Standards Officer who 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.
43.2
The prescribed fee set out in the Township's Fees and Charges
By-law shall be payable prior to the issuance of a certificate of
compliance where it is issued at the request of the owner.
44.0
PENALTY
44.1
Every owner who fails to comply with an order, as confirmed, any
other order, a direction or a requirement made under this By-law is
guilty of an offence under Section 36.(1) of the Building Code Act
and is liable to a penalty or penalties as set out in Section 36 of the
Building Code Act.
45.0
PROPERTY STANDARDS COMMITTEE
45.1
A Committee is hereby established in accordance with the
Building Code Act.
45.2
The Committee shall be composed of such persons, not fewer
than three (3), as Council considers advisable.
45.3
The Committee shall hold office for the term of Council or until
such time as successors are appointed.
46.0
VALIDITY
46.1
If any section, subsection, paragraph, sentence, clause, or
provision of this By-Law be declared by a Court of competent
jurisdiction to be invalid, illegal or ultra vires for any reason, all other
provisions of this By-Law shall remain and continue in full force and
effect and shall remain valid and binding.
47.0
REPEAL
47.1
Township of Guelph/Eramosa Property Standards By-law 10/2009
is hereby repealed.
47.2
Notwithstanding the repeal of By-law 10/2009, any order issued
under By-law 10/2009 remains in full force and effect and is final
and binding until such time as the order is complied with or an
appeal of the order is finalized and if applicable the order is
complied with.
READ three times and finally passed
this 25th day of June, 2018.
Chris White, Mayor
Meaghen Reid, Clerk
29
AMENDMENT HISTORY
CLEAN YARDS BY-LAW
DATE
(YYYY/MM/DD)
BY-LAW
AUTHORITY
CONSOLIDATED
2018/ 06 / 25
50-2018
Item 8.7, Report 18/19,
Regular Council Meeting
2021/ 03 / 01
13-2021
Item 8.4, Report 21/03,
Regular Council Meeting
✔
2023/ 10 /02
46-2023
Item 9.1, Report 23/13,
Regular Council Meeting
✔