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THE CORPORATION OF THE TOWN OF KEARNEY
By-Law No. 2017 - 30
Being a By-law to Establish Standards for the
Maintenance and Occupancy of Buildings and Property
WHEREAS the Council of the Town of Kearney is empowered under Section 15 of the
Ontario Building Code Act S.O. 1992, c. 23 as amended, to pass a By-law;
a) Prescribing standards for the maintenance and occupancy of property within
any defined area or areas and for prohibiting the occupancy or use of such
property that does not conform with the standards;
b) Requiring property that does not conform with the standards to be repaired
and maintained to conform with the standards or for the site to be cleared of
all buildings, structures, debris or refuse and left in a graded and neat
condition;
AND WHEREAS the Official Plan for the Corporation of the Town of Kearney includes
provisions relating to property conditions;
NOW THEREFORE the Council of the Corporation of the Town of Kearney enacts as
follows:
SECTION 1: GENERAL
1.1 Short Title
This By-law may be cited as the “Property Standards By-law’.
1.2 Defined Area
This By-law applies to all property within the boundaries of the Town of
Kearney
1.3 Scope
No property shall be used and no building or structure or part thereof, shall be
erected, altered, enlarged, maintained, used, or occupied for any purpose within the
Town of Kearney except in conformity with the provisions of this By-law.
1.4 General Obligations
1.4.1 No person shail use, permit the use of, rent or offer to rent any property that
does not conform to the standards of this By-law.
1.4.2 Where a notice or order has been issued by the Property Standards Officer
pursuant to this By-law, the owner or occupant thereof shall:
a) Repair and maintain the property in accordance with the standards, or
b) Remove or demolish and remove, the whole or the offending part of the
property that is not in accordance with the standards;
1.4.3. Where an Officer has placed or caused the placing of a placard containing the
terms of a notice or order upon the premises under the authority of Section
15.2(3) of the Ontario Building Code Act, $.0. 1992, c.23 as amended, no one
shall remove the said placard except with the consent of an Officer.
Section 2: DEFINITIONS
2.1 “Accessory Building” means
a) a detached building or structure that is not used for human habitation, but the
use of which is naturally and normally incidental to, subordinate to or
exclusively devoted to a principal use or building and located on the same fot
thereof, and
b) includes a detached private garage, detached carport, boathouse or detached
deck.
2.2 “Accessory Use” means a use of lands or building which is incidental and subordinate
to the principle use of lands and buildings.
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“Agricultural Use” means any agricultural use or uses, structures or buildings
accessory thereto, including field crops, animal husbandry, tree nurseries and any
other use customarily carried on in the field of general agriculture, including the sale
on the premises, of produce grown or raised on the premises.
“Approved” means as applied to grade, material device or method of construction,
approved by the By-law Enforcement Officer under the provisions of this By-law;
approved by the Building Inspector under the provisions of The Building Code;
approved by the Fire Chief under the provisions of The Fire Code, or approved by
other authority designated by law to give approval to the matter at question.
“Basement” means that portion of a building partly underground, but having less than
one half of its clear height below the average lot grade.
“Bathroom” means a room consisting of at least one fully operational water closet,
Washbasin, and a bathtub or suitable shower unit. Every wash basin, bathtub and
shower shall have an adequate supply of hot and cold running water and every water
closet shall have a suitable supply of running water.
“Building” means any structure consisting of walls and a roof, which is used or
intended to be used for the shelter, accommodation or enclosure of persons, animals
or chattels, and includes any structure defined as a building in the Ontario Building
Code Act, S.O. 1992, c. 23 as amended, but does not include any vehicle as defined
herein.
“B.E.0.” means By-law Enforcement Officer appointed by Council and Charged with
the duty of enforcing the provisions of this By-law, other related By-laws and an
amendments thereto.
“Cabin” means a “cottage” as defined in this By-law.
“C.B.0.” means the Certified Building Official appointed by The Council and charged
with the duty of enforcing the provisions of The Ontario Building Code Act S.O. 1992,
c.23, as amended, or any successors thereto, together with any regulations made
thereunder.
“Committee” means the Property Standards Committee as established in accordance
with Section 15 of The Building Code Act, $.0. 1992, c.23, as amended.
“Community” means a group of people with common interests living together within
the Town of Kearney.
“Complainant” means the party being a resident and/or ratepayer of the Town of
Kearney who submits the complaint in writing to the Municipal Office on the
prescribed form.
“Corporation” means the Corporation of the Town of Kearney.
“Cottage” means a detached building used as an occasional and seasonal residential
dwelling for recreation, rest or relaxation by one household, but not occupied
continuously as a principal residence or as a year-round permanent dwelling.
“Derelict Vehicle” means a motor vehicle that by reason of its age, appearance,
mechanical condition or lack of current license plates is inoperative.
“Dwelling” means a building, structure or part thereof, occupied or capable of being
occupied, in whole or in part, for the purpose of human habitation continuously,
permanently, temporarily or transiently.
“Dwelling Unit” means
{a) one room or a group of rooms in a building used or designed or intended to be
used by only one household as a single, independent and separate
housekeeping establishment:
(i) in which food preparation and sanitary facilities are provided for the
exclusive use of such and household; and,
{ii} which has a private entrance from outside the building or from a common
hallway or stairway inside the building; but
(b) does not mean or include a tent, trailer, or a room or suite of rooms ina hotel,
motel, motor hotel or bed and breakfast business.
“First Storey” means the floor area of the lowest story of a building approximately at
or just above the finished grade level excluding any basement, which area is measured
between the exterior faces of the exterior walls at the floor level of such storey.
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“Foundation” means a structure of a building through which the loads from the
building are transferred to supporting soil or rock such as a footing, pile or pier.
“Garbage” means
{a) the animal or vegetable waste and related waste products resulting from the
handling, preparation, cooking and consumption of food and drink, as well as
other solid waste materials and goods resulting from residential, commercial,
institutional and industrial operations; and
(b) does not include hazardous waste.
“Good Repair” means that a building, structure or appurtenance thereof including
mechanical equipment shall be maintained in such a condition to be free from
accident or fire hazards, not unsightly by reason of deterioration, damage or
defacement.
“Grade” means
{a) when used in reference to a building, the average elevations of the finished
surface of the ground adjoining the base of the longest exterior wall of such
building or, where there are two or more such walls, the exterior wall having
the lowest average elevation, or
(b) when used in reference to any other structure, the average elevation of the
finished surface of the ground at the base of such structure, exclusive of any
artificial embankment at the base of such building or structure.
“Guest Cabin” means a single storey accessory structure which is not attached to the
main dwelling on a Jot which is maintained for the accommodation of an individual or
individuals, where sanitary facilities and facilities for cooking are not provided.
“Habitable Room” means a room which
(a) is located within a dwelling unit;
(b) is designed for living, sleeping, cling or eating, and contains for food
preparation facilities, and
(c) can be used at all times throughout the year but does not include any room
specifically defined herein as a non-habitable room.
“Hazardous Waste” mean any toxic material as defined by O. Reg. 347.
“Landscaped Open Space”
(a) means the open space from ground to sky at grade, on a lot accessible by
walking and which is suitable for the growth and maintenance of grass,
flowers, trees, bushes, natural vegetation and other landscaping and includes
any surfaced walk, patio or similar area;
{b) does not include parking areas, parking lots, driveways or ramps.
“Maintenance” means the preservations of and care for a property and building.
“Means of Egress” means a continuous, unobstructed path a travel provided by a
doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other
exit facility used for the escape of persons from any point within a building, a floor
area, a room, or a contained open space to a public thoroughfare or an approved area
of refuge usually located outside the building.
“Multiple Dwelling” means a building containing two (2) or more dwelling units.
“Municipality” means the Corporation of the Town of Kearney.
“Non-residential Property” means a building or structure or part thereof, not
occupied nor capable of being occupied in whole or in part, for the purpose of human
habitation and without limiting the generality of the foregoing, includes the land and
premises appurtenant thereto and all accessory buildings, out-buildings, fences,
structures or erections on or in such land and premises.
“Noxious Weeds” means any weeds classed as noxious by the Weed Control Act,
R.S.O. 1990 or the latest amendments(s).
”Occupant” means any person or persons over the age of eighteen (18) years in
ownership or possession of the property.
“Owner” means the person, for the time being, managing or receiving the rent of or
paying the municipal taxes on the land or premises, whether on their own account or
as an agent or trustee of any person who would so receive the rent if such land and
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premises were let. The term shall also include a lessee or occupant of the property
who, under the terms of a lease, is required to repair or maintain the property
accordance with the standards for the maintenance and occupancy of the property.
“Person” means any human being, association, firm, partnership, incorporated
company, corporation, agent, trustee, and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
“Property” means a building or structure or part thereof, including the lands and
premises appurtenant thereto and aff accessory building, mobile homes, mobile
structures, trailers, out-buildings, fences and erections thereon whether heretofore or
hereafter erected, and includes vacant land.
“Property Standard Officer” means an inspector/officer appointed under Section 3(1)
of the of the Ontario Building Code Act S.0. 1992, c. 23, as amended by the Council of
the Town of Kearney for the purpose of enforcing the Property Standards By-Law.
“Repair” means the making of additions or alterations or the taking of such actions as
may be required so that the property shall conform to the standards established in the
By-law, and in conformity with alf other legisiation.
“Residential Property” means any land, building or structures used for human
habitation, and includes all stairway, walkways, driveways, parking spaces, and fences
associated with the dwelling or its yard.
“Rubbish” means any combustible or noncombustible, discarded or waste material,
except garbage and hazardous waste.
“Service Room” means any area within a dwelling that is not a habitable room ie.
washroom, laundry.
“Sewage” means sanitary sewage or storm sewage.
{a) Sanitary sewage means liquid or water borne waste of industrial or
commercial origin, or of domestic origin, including human body waste, toilet
or other bathroom waste, and shower, tub, culinary sink and laundry waste.
{b) Storm sewage means water that is discharged from a surface as a result of
rainfall, snow melt or snowfall.
“Sewage System” means a municipal sanitary sewage system, or a properly
maintained and functioning private sewage system.
“Standards” means the standards of physical condition of occupancy prescribed for
the property in this By-law.
“Structurally Sound” means construction capable of withstanding the forces placed
upon the structure under normal use.
“Structure” means anything man-made that is fastened to or into the earth or another
structure or rests on the earth by its own mass or is attached to a building, including a
septic system, holding tanks, satellite receiving dishes and heat pumps.
“Trailer” means any vehicle, excluding a mobile home or park model home, so
constructed that it is suitable for being attached to a motor vehicle, notwithstanding
that such vehicle is jacked-up or that its running gear is removed, but not including any
vehicles unless it is used or intended for the living, sleeping or eating accommodation
of persons therein; and shall be deemed to include a tent, and shall not be occupied
continuously or as a principal residence.
“Vacated” means a structure or property no longer occupied.
“Vermin” means small common harmful or objectionable animals that are difficult to
control.
“Waste or Waste of Material” means any article or thing that appears to have been
cast aside, discarded, or abandoned, or appears to be worthless, useless, or of no
particular value, or appears to be used up in whole or in part or expended or worn out
and shall include but is not limited to:
(a) accumulations or deposits of litter, rubbish, garbage, trash;
(b) Refrigerators, freezers or other appliances or parts thereof;
(c) furnaces, furnace parts, pipes fittings to pipes, water or fuel tanks;
(d) inoperative or derelict motor vehicles;
{e) paper, cartons, fabrics or carpets;
(f} furniture;
{g) piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to the
piping, tubing, conduits or cable;
(h) containers or pallets of any size, type or construction;
(i) material resulting from, or as part of, construction or demolition of projects;
(j) rubble, inert fill except loose soil, sand, or gravel.
2.50 “Yard” means an open, uncovered space on a lot appurtenant to a building or
structure and used or intended to be used or capable of being used in connection
therewith.
SECTION 3:
GENERAL STANDARDS FOR ALL PROPERTY
All repairs and maintenance of property shall be carried out with suitable and sufficient
materials and in a manner accepted as good workmanship within the trades concerned. All
new construction or repairs shall conform to the Ontario Building Code Act S.O. 1992, c. 23 as
amended, the Ontario Fire Code and the Fire Prevention and Protection Act, S.0. 1997, c.4
where applicable.
3.1 Yards and Property
3.1.1
3.1.2
3.1.3.
3.1.4
3.1.5
3.1.6
3.1.7
Every yard, including vacant property, shall be kept clean and free from:
{a) rubbish or debris and objects or conditions that may create a health,
fire, or accident hazard;
(b) wrecked, dismantled, discarded or abandoned machinery, vehicles,
trailers or boats unless it is necessary for the operation of a business
enterprise lawfully situated on the property;
(c) dilapidated, collapsed or partially constructed structures which are not
currently under construction;
(d} injurious insects, termites, rodents, vermin or other pests.
All property and landscaped open space shall be kept free and clear of
garbage, waste material, rubbish and other debris, objects and conditions that
might create a health, fire or safety hazard.
Every Landscaped open space shall be kept clean and free from all items in
Section 3.1.1 and excessive growth of grass, brush, undergrowth and noxious
weeds, and dead, decayed or damaged trees or other natural growth.
No vehicle including a trailer or any part of such vehicle, which is in a wrecked,
discarded, dismantled, inoperative or abandoned condition shall be parked,
stored or left outdoors on any property in the Town of Kearney, with the
following exceptions:
{a) where a vehicle or trailer is being repaired by the owner for his or her
own use,
(b) where a vehicle or trailer is operable and is designed for off-road use
by the manufacturer or M.T.O.. This includes farm and industrial
equipment,
(c) where a vehicle or trailer is normally licensed for only part of the year.
Additional vehicles or trailers not licensed or approved by the M.T.O. for off-
road use must be stored in a safe, neat and orderly manner, not visible from
the road or adjacent property owners, subject to the Corporation’s Zoning and
Wrecking Yard By-laws.
All vehicles or trailers parked on a residential fot must be in running order and
carry a valid license sticker. This shall not prevent the occupant from storing
operable unlicensed vehicles or trailers strictly for the use of off road
operation for his/her own personal use and not for commercial purposes on
any lot. This also shall not prevent an occupant of any premises from repairing
a vehicle or trailer for his or her own use and not for commercial purposes
while such a repair is carried on.
Signs, posters, or similar forms of communicating or advertising when not
prohibited by any other By-law of the Corporation, shall be free of painted
slogans, graffiti or any profane language and notwithstanding the generality of
the foregoing shall not include any slur or obnoxious comment or comments
deemed offensive by a neighbor or the community.
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Surface Conditions
Surface conditions of yards shall be maintained so as to:
(a) prevent the long standing pooling or ponding of storm water;
(b) prevent the stagnation of water and prevent the manifestation of mosquitoes;
(c) prevent instability or erosion of soil;
(d) prevent surface water run-off from entering basements;
{e) not exhibit an unsightly appearance;
(f) be kept free of garbage and refuse;
{g) be kept free of deep ruts, holes and excavations;
(h) provide for safe passage under normal use and weather conditions, day or
night; and,
(i) not to create a nuisance to other property.
Drainage and Sewage
3.3.1 Sewage or organic waste, excluding floor drains, shall be discarded into a
sewage system. Where a sewage does not exist, sewage or organic waste
shall be disposed of in accordance with the Environmental Protection Act.
3.3.2 Storm water shall be drained from the property in a manner designed to
prevent excessive ponding, prevent the entrance of water into a building, and
in such manner as to not affect adjacent properties.
3.3.3 Roof drainage shall not be discarded into sidewalks, stairs, or adjacent
property.
3.3.4. Exterior property areas shall be graded and maintained to prevent pounding of
water. Swales shail be installed and maintained, where necessary, to facilitate
drainage and so as not to impede the natural flow of water.
Parking Area, Walks and Driveways
3.4.1. All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good
repair free of litter.
3.4.2. Steps, walks, driveways, parking spaces and other similar area shall be
maintained so as to afford safe passage under normal use and weather
conditions day or night.
Exterior Wails
3.5.1 Exterior walls of a building or structure and their components, including soffits
and fascia, shall be maintained in good repair free from cracked, broken or
loose masonry units, stucco, and other defective cladding or trim.
3.5.2 Exterior walls of a building or structure and their components shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
Structural Soundness
3.6.1. Every building end every structural member of a building shall be maintained
in a structurally sound condition so as to be capable of sustaining safely its
own weight and any additional weight that may be put on it through normal
use. Structural members or materials which have been damaged or show
evidence of rot or other deterioration shalt be repaired or replaced.
3.6.2. Every exterior wall, roof, porch, chimney or exterior portion of a building shall
be maintained in a manner so as to prevent the collapse of same or injury to
the occupants of the dwelling or to the public in general.
3.6.3. Wall, roofs and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
Guardrails
A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or a height
of 600 mm (24 inches) between adjacent levels. A handrail shall be installed and
maintained in good repair in all stairwells. Guardrails shall be installed and maintained
in good repair around tandings, porches and balconies. Guardrails, balustrades and
handrails shall be constructed and maintained in a rigid nature, as defined in the
Ontario Building Code S.O. 1992, c 23 as amended.
Accessory Buildings, Fences, and Other Structures
3.8.1 | Accessory Building, fences and other structures appurtenant to the property
3.9
shall be maintained in structurally sound condition, in good repair, and free
from fire, health or safety hazards.
3.8.2 Accessory Building, fences, and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials
including paint or other
suitable preservative and shall be of uniform colour unless the aesthetic
characteristics of said structure are enhanced by the lack of such material as
determined by characteristics of local building.
Garbage Disposal
3.9.1 Every building, dwelling, and dwelling unit shall be provided by the owner of
the property with a sufficient number of suitable receptacles to contain all
recyclable materials, garbage, refuse and ashes in a sanitary manner.
3.9.2 Garbage storage areas shall be screened from public view and the garbage
stored in such a fashion that access by predators is controlled.
3.9.3 All garbage, waste material and ashes shall be disposed of in a manner
acceptable to the focal “Medical Health Officer’ or the “Ministry of
Environment”.
3.9.4 Plants designated as noxious weeds and grasses must be controlled as
specified by the “Ontario Weed Control Act’.
SECTION 4: RESIDENTIAL STANDARDS
4.1
4.2
4.3
4.4
4.5
4.6
Genera! Conditions
4.1.4 Every tenant, occupant or lessee of a residential property shall maintain the
property or part thereof and the land which they occupy or control, in a clean,
sanitary and safe condition and shall dispose of garbage and debris on a
regular basis, in accordance with Municipal By-laws.
4.1.2. Every tenant, occupant or lessee of a residential property shall maintain every
floor, wall, ceiling and fixture, under their control, including hallways,
entrances, laundry rooms, utility rooms and other common areas, in clean,
sanitary and safe condition.
4.1.3 Accumulation or storage of garbage, refuse, appliances, or furniture in a
means of egress shall not be permitted.
Compost Heaps
The occupant of a residential property may provide for a compost heap in accordance
with the health regulations, provided that the compost pile is enclosed on all sides by
concrete block, or lumber, or a metal frame building with a concrete floor, or a
commercial plastic enclosed container designed for composting and not greater than 2
cubic meters.
Pest Prevention
4.3.1 Dwellings shall be kept free of rodents, vermin and insects at all times.
Methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticide Act R.S.O, 1990, c. P.11.
4.3.2 Opening, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
Basement
Basement walls of a dwelling shall be maintained so as to prevent the entrance of
insects, rodents and excessive moisture. Maintenance includes the shoring of the
walls to prevent settling, installing sub-soil drains, where necessary, at the footings,
grouting masonry cracks and damp proofing/ waterproofing walls, joints and floors.
Foundations
Every dwelling, except for slab on grade construction, shall be supported by
foundation walls or piers which extend below the frost line, or to or to solid rock.
Windows and Doors
4.6.1 Windows, doors, skylights and basements or cellar hatchways shall be
maintained in good repair, weather-tight and reasonably draught-free, to
prevent heat loss and infiltration by the elements. Maintenance includes
painting, replacing damaged doors, frames and other components, window
frames, sashes and castings, replacement of non-serviceable hardware and re-
4.7
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4.10
4.11
4.12
glazing where necessary. Where screening is provided on windows and doors
it shall also be maintained in good repair.
4.6.2 Ina dwelling unit, all windows that are intended to be opened and all exterior
doors shall have suitable hardware so as to allow locking or otherwise securing
from the inside of the dwelling unit. At least one entrance door to a dwelling
unit shall have suitable hardware so as to permit locking or securing from
either inside or outside the dwelling unit.
4.6.3 Solid core or metal clad doors shall be provided for all entrances to dwellings
and dwelling units.
Roofs
4.7.1 Roofs of dwellings and their components shall be maintained in a weather-
tight condition, free from joose or unsecure objects or materials.
4.7.2 The roofs of dwellings and accessory building shall be kept clear of hazardous
accumulations of ice or snow or both.
4.7.3, Where eavestroughing or roof gutters are provided, they shall be kept in good
repair, free from obstructions and properly secured to the building.
Walls, Ceiling and Floors
4.8.1 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other defects.
Walls surrounding showers and bathtubs shall be impervious to water.
4.8.2 Every floor in a dwelling shall be reasonably smooth and level and maintained
so as to be free of all loose, warped, protruding, broken or rotted boards or
other material that might cause an accident or allow the entrance of rodents
and other vermin or insects.
4.8.3 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry
room shall be maintained so as to be impervious to water and readily
cleanable.
Stairs, Porches and Balconies
Inside and outside stairs, porches, balconies and landings shail be maintained so as to
be free of holes, cracks, and other defects that may constitute accident hazards.
Existing guardrails, decks, steps, or stair treads of risers that show excessive wear or
broken, warped or loose and any supporting structural members that are rotted or
deteriorated shall be repaired or replaced.
Kitchens
Every year round permanent dwelling shall contain a kitchen area equipped with:
(a) a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
(b} a suitable storage area of not less than 0.23 cubic meters (8 cubic feet);
(c} a counter or work area at least 600 mm (24 inches) in width by 1,220 mm (48
inches) in length, exclusive of the sink, and covered with a material that is
impervious to moisture and grease and is easily cleanable, and;
(d) a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
Toilet and Bathroom Facilities
4.11.1 Every year round permanent dwelling unit shall contain a bathroom consisting
of at least one fully operational water closet, washbasin, and a bathtub or
suitable shower unit. Every wash basin, bathtub and shower shall have an
adequate supply of hot and cold running water. Every water closet shall have
a supply of running water.
4.11.2 Every required bathroom or toilet shall be accessible from within the dwelling
unit and shall be fully enclosed and provided with a door capable of being
locked so as to allow privacy for the person using said room.
4.11.3, Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate
entrance hall be provided from a common passageway, hallway, corridor or
other common space to the room or rooms containing the said facilities.
Plumbing
4.12.1 Each washbasin, bathtub or shower and at least one sink shall be equipped
4.13
4.14
4.12.2
4.12.3
4.12.4
4.12.5
with an adequate supply of hot and cold running water. Hot water shall be
supplied at a temperature of not less than 43 degrees Celsius (110 degrees
Fahrenheit}.
Every year round permanent dwelling unit shall be provided with an adequate
supply of potable water from a source approved by the Ministry of Health.
All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures shall be maintained in good working condition free of leaks
and defects and all water pipes and appurtenances thereto shall be protected
from freezing.
All plumbing fixtures shall be connected to the sewage system through water
seal traps.
Every 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 cleaning.
Electrical Service
4.13.1
4.13.2
4.13.3
4.13.4
Every year round permanent dwelling and dwelling unit shall be wired for
electricity and shall be connected to an approved electrical supply system.
The electrical wiring, fixtures, switches, receptacles and appliances located or
used in dwelling, dwelfing units and accessory buildings shall be installed and
maintained in good working order so as not to cause fire or electrical shock
hazards. All electrical services shall conform to the regulations established by
the Power Corporation act R.S.0. 1990, c. P.17, as amended.
Every habitable room in a year round permanent dwelling shall have electrical
outlets as provided for in the Ontario Building Code Act R.S.O. 1992, c 23, as
amended, and shall conform to the regulations established by the Power
Corporation Act R.S.0. 1990, c. P.17. Extension cords shall not be used on a
permanent basis.
Lighting fixtures and appliances installed throughout a dwelling unit, including
hallways, stairways, corridors, passage ways, garages, and basements, shall
provide sufficient iltumination so as to avoid health or accident hazards in
normal use.
Heating, Heating Systems, Chimneys and Vents
4.14.1
4.14.2
4.14.3
4.14.4
4.14.5.
4.14.6
4.14.7
Every year round permanent dwelling and building containing a residential
dwelling unit or units shall be provided with suitable heating facilities capable
of maintaining an indoor ambient temperature of 21 degrees Celsius (70
degrees Fahrenheit) in the occupied dwelling units. The heating system shall
be maintained in good working condition so as to be capable of safely heating
the individual dwelling unit to the required standard.
All fuel burning appliances, equipment and accessories in a dwelling shall be
installed and maintained to CSA standards.
Where a heating system or part thereof that requires solid or liquid fuel to
operate, a place or receptacle for such fuel shall be provided and maintained
in a condition that meets or exceeds CSA standards, and in a convenient
location so as to be free from fire or accident hazard.
Every dwelling shall be so constructed or otherwise separated to prevent the
passage of smoke, fumes and gases from that part of the dwelling that is not
used, designed or intended to be used for human habitation into other parts
of the dwelling used for habitation. Such separation shall conform to the
Ontario Building Code Act R.S.0. 1992 c. 23, as amended.
All fuel burning appliances, equipment, and accessories in a dwelling shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe,
chimney flue or other approved method.
Every chimney, smoke-pipe, flue and vent shall be installed and maintained in
good repair so as to prevent the escape of smoke, fumes or gases from
entering a dwelling unit. Maintenance includes the removal of ail
obstructions, sealing joints, and the repair of loose or broken masonry units.
Every chimney, smoke-pipe, flue and vent shall be installed and maintained in
good condition so as to prevent the heating of adjacent combustible material
or structural members to unsafe temperatures.
4.15
4.16
4.17
4.18
4.19
4.20
Exception
Exceptions to Sections 4.10; 4.11; 4.12 and 4.14 are cabins and hunting lodges. These
dwellings will be evaluated on a case by case basis.
Fire Escapes, Alarms and Detectors
4.16.1 A listed fire alarm and fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be
provided and maintained in working condition by the owners of building of
residential occupancies where sleeping accommodations are provided for
more than ten (10) persons, except that such systems need not be provided
where a public corridor exit serves not more than for (4) dwellings units of
individual leased sleeping rooms.
4.16.2 In addition to the provisions of Section 4.16.1 hereof in, in every dwelling unit
in a building, listed smoke alarm approved by the Canadian Standards Assoc.
or underwriters Laboratories of Canada, or detectors of the single station
alarm type, audible within bedrooms when intervening doors are closed, shall
be installed on each level and maintained in working condition by the
occupant between bedrooms at the sleeping area and the remainder of the
dwelling unit, such as in a hallway or corridor serving such bedrooms or
sleeping area. The products of combustion detector referred to shall be:
(a) equipped with visual or audio indications that they are in operating
condition; and
(b) mounted on the ceiling a minimum of 100 mm (4 inches) from the wall
or on a wall between 100 and 300 mm (4 to 12 inches) below the
ceiling.
4.16.3 Buildings using a fire escape as a secondary means of egress shall maintain the
escape in good condition, free from obstructions and easily be reached
through an openable window or door.
Egress
4.17.1 Every dwelling and each dwelling unit contained therein shall have a safe,
continuous and unobstructed passage from the interior of the dwelling and
the dwelling unit to the outside at street or grade level.
4.17.2 Each dwelling containing more than one (1) dwetling unit shall have at least
two (2) exits, both of which may be common of the one of which may be the
stairs or fire escape shall be provided to Ontario Building Code standards. A
single exit is permitted from a dwelling unit where the path of egress is
through an exterior door located at or near ground Jevel and access to such
exit is not through a room not under the immediate control of the occupants
of the dwelling unit.
Natural Light
Every habitable room except a kitchen, bathroom or toilet room shall have a window
or windows, skylights or translucent panels facing directly or indirectly to an outside
space for the admission of natural light.
Ventilation
4.19.1 Every habitable room in a dwelling unit, including kitchens, bathrooms or toilet
rooms, shall have openings for ventilation providing an unobstructed free flow
of air at least 0.3 square meters (3 square feet), or an approved system of
mechanical ventilation that provides adequate air exchanges.
4.19.2. All systems of mechanical ventilation shalt be maintained in good working
order.
4.19.3 All enclosed areas including basements, cellars, crawl spaces and attics or roof
spaces shall be adequately vented.
Disconnected Utilities
Owners of residential buildings or any person or persons acting on behalf of such
owner shail not disconnect or cause to be disconnected any service or utility supplying
heat, electricity, gas, refrigeration or water to any residential unit or building 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 and
only by an agent of the appropriate utility.
4.21
Occupancy Standards
4.21.1 No person shall use or permit the use of a non-habitable room in a building for
a habitable purpose.
4.21.2 Any basement or portion thereof, used as a dwelling shall conform to the
following requirements:
(a) each habitable room shall comply with alt the requirements set out in
this By-law:
(b} floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
{c) each habitable room shall be separated from service rooms by a
suitable fire separation and approved under the Ontario Building Code;
(d) access to each habitable room shall be gained without passage
through a service room; and
(e) every basement and crawl space shall be adequately drained and
adequately ventilated to the outside air.
SECTION 5: NON-RESIDENTIAL STANDARDS
5.1
5.2
5.3
5.4
5.5
Yards
5.1.1 The yards of non-residential property shall be maintained to the standards as
described in Sections 3.1, 3.2, and 3.3 of this By-law.
5.1.2 The warehousing of storage of material or operative equipment that is
required for the continuing operation of the industrial or commercial aspect of
the property shall be maintained in a neat and orderly fashion so as not to
create a fire or accident hazard or any unsightly condition and shall provide
unobstructed access for emergency vehicles. Where conditions are such that
a neat and orderly fashion is achieved but is still offensive to view, as
determined by the Property Standards Officer, the offensive area shall be
suitably enclosed by a solid wall or a board or metal fence not less than 1.8
meters (6 feet) in height and maintained in good repair.
Parking Areas and Driveways
The parking areas and driveways of non-residential property shall be maintained to the
standards as describe in Section 3.4 of this By-law.
Lighting
All non-residential establishments shall install and maintain sufficient windows,
skylights, and/or lighting fixtures necessary for the safety of all persons attending the
premises or as may be required by the Occupational Health and Safety Act for
industrial and commercial properties. Lighting shall not be positioned so as to cause
any impairment of use of enjoyment of neighboring properties.
Structures
All structures shall be maintained to the standard as described in Sections 3.5; 3.6; 3.7
and 3.8 of this By-law.
Garbage Disposal
A central refuse storage collection area must be provided and maintained with all
refuse enclosed in a dumpster or in a location screened with growing trees, hedges,
fences, walls or combination thereof in such manner as approved by the Municipality.
SECTION 6: STANDARDS FOR VACATED LANDS AND BUILDINGS
6.1
6.2
Vacated Lands
Vacated land shall be maintained to the standards described in Section 3.1; 3.2; 3.3
and 3.4 of this By-law.
Vacated Buildings
6.2.1 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and
shall have water, electrical, heating services turned off except for those
services that are required for the security and maintenance of the property.
6.2.2. The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards officer by covering all openings through
which entry may be obtained, with at least 12.7 mm (0.5 inch) weatherproof
sheet plywood securely fastened to the building and painted a colour
compatible with the surrounding walls.
6.2.3 Vacated buildings shall be maintained to the standards described in Sections
3.5; 3.6; 3.7 and 3.8 of this By-law.
SECTION 7: ADMINISTRATION AND ENFORCEMENT
This section prescribes the procedure for the enforcement of the standards and shall be
carried out according to the Ontario Building Code Act S.O. 1992, c. 23, as amended.
7.1
7.2
7.3
7.4
7.5
7.6
Application
This By-law shall apply to all property within the boundaries of the Corporation of the
Town of Kearney.
Property Standards Committee
A Property Standards Committee shall be established to review orders issued by the
Property Standards Officer and shall be comprised of no fewer than three (3) persons
of the Municipality, for a term of office concurrent with Council. The Chief Building
Official and the By-law Enforcement Officer shall be considered ex-officio members of
this Committee.
By-law Enforcement Officer
The Council shall, by By-law, appoint a Property Standards Officer who shall be
responsible for the administration and enforcement of this By-law.
Non-Compliance
The owner of any property which does not conform to the standards as set out in this
By-law shall repair and/or maintain said property to comply with the standards or the
property shall be cleared of aif buildings, structures, debris or refuse and left in a neat
and good condition.
Notice of Violation
The notice shall be sent to the known address of the owner and shall state:
7.5.1 That the property does not comply with the standards prescribed by this By-
law and shall specify the standards with which the property does not comply.
7.5.2 That after a certain date to be specified in the notice of non-compliance by the
Officer, the property will be subject to re-inspection at which time the Officer
may issue an Order.
7.5.3 That the Officer may be contacted for the purpose of requesting information
and advice or reporting what action is being or will be taken to effect
compliance with this By-law.
Appeal of Notice
All appeals shall follow the process as set out in Section 5 of the attached Schedule ‘A’
being the Terms of Reference for the Property Standards Committee.
SECTION 8: ENFORCEMENT
8.1
8.2
Enforcement on a Complaint Basis:
This By-law shall be enforced on a complaint basis and pursuant to the provisions of
Sections 15 of the Ontario Building Code Act R.S.O. 1992, c. 23, as amended.
8.1.1 Each complaint must be in writing and shall be on the complaint form
and shall provide
(a) the address of the non-compliant property
(b) the nature of the non-compliance and
(c) the name, address and phone number of the complainant.
8.1.2 Complainants shall be kept confidential.
The Complainant’s name, address and phone number shall be kept
confidential.
8.1.3 Exception to confidentiality of Complainant
Should the complainant be required as a witness in court it shall be necessary
to reveal the complainant’s name for the purpose of giving the defendant
disclosure.
Power of Corporation to repair to demolish
\f the owner or occupant of the property fails to repair or to demolish the property in
accordance with an Order as confirmed or modified, the Municipality in addition to all
other remedies:
{a) shall have the right to repair, clean up or demolish the property accordingly
and for this purpose with its servants and agents from time to time to enter in
and upon the property;
(b) shall not be liable to compensate such owner, occupant or any other person
having an interest in the property by reason of anything done by or on behalf
of the Municipality under the provisions of the Section; and
{c} shall have a lien for any amount expended by or on behalf of the Municipality
under the authority of this Section together with interest thereon, upon the
property in respect of which such amount was expended and the certificate of
the Clerk of the Municipality as to such amount shall be final and such amount
shall be deemed to be taxes and may be added to the Collector’s Roll to be
collected in the same manner as Municipal Realty Taxes. An administration
fee shall also be added.
SECTION 9: PENALTIES
Any person who contravenes any provisions of this By-law or any part of thereof shall be guilty
of an offence and, upon conviction, be liable to a penalty recoverable under the Provincial
Offences Act.
SECTION 10: CERTIFICATE OF COMPLIANCE
10.1 = Issuance
Following the inspection of a property, the Property Standards Officer may, or on the
request of an owner, shall issue to the owner a certificate of compliance if, in his
opinion, the property is in compliance with the standards of this By-law.
10.2 Fees
Where a certificate of compliance, referred to in Section 15 of the Ontario Building
Code Act. S.0. 1992, c. 23, as amended, is issued at the request of the owner, the
owner shall be required to pay a fee to the Corporation of the Town of Kearney as set
out in the current Tariff of Fees By-law of the municipality.
SECTION 11: OTHER REMEDIES PROTECTED
The imposition of a penalty under this By-law shall not be a bar to further prosecution under
this By-law and shall not preclude any other proceeding or remedy against a person or a
building, which does not conform to the standards of this By-law.
SECTION 12: VALIDITY
12.1 If a provision of this By-law conflicts with a provision of another By-law of the
Corporation the provision that established the higher standard to protect the health,
safety and welfare of the occupants and of the general public shall prevail.
12.2 Ifa court of competent jurisdiction should declare any Section or part of any Section of
this By-law to be invalid, such Section or part of a Section shall not be construed as
having persuaded or influenced Council to pass the remainder of the By-law and it is
hereby declared the remainder of the By-law shall be valid and shall remain in force.
SECTION 13: REPEAL
That By-law No. 2011-56 is hereby repealed.
SECTION 14: EFFECTIVE DATE
That this By-law shall come into force and take effect on the day it is passed.
READ A FIRST AND SECOND TIME, THIS 12° DAY OF May, 2017.
THE CORPORATION OF THE
__, TOWN OF KEARNEY
eff F
Carol Ballantyne, Dept Mayor
we I AL OAL aos, ¢ FAL at
Brenda J. Fraser, Clerk Administrator
READ A THIRD TIME AND FINALLY PASSED ON THIS _|2""DAY OF _1° Las/ , 2017.
THE CORPORATION OF THE
TOWN OF KEARNEY
Lance Thréle, Mayor
feo'b
Brenda J. Fraser, Clerk\Administrator
SCHEDULE ‘A’
To By-law No. 2017 - 30
PROPERTY STANDARDS COMMITTEE
Terms of Reference
Mandate
1.1
1.2
1.3
The Property Standards Committee is a quasi-judicial body that hears appeals to
orders issued by the Town Property Standards Officer for violations of certain Ontario
Building Code and Municipal By-law standards for residential, multiple residential and
commercial properties.
This Committee is established pursuant to Section 15.6 of the Ontario Building Code
Act, R.S.O. 1992, c. 23 as amended.
The Property Standards Committee shall hear the Appeal of a Property Standards
ORDER, given under the Town of Kearney Property Standards By-law, and shall have all
the powers and function of the Officer who made the ORDER.
Composition
2.1
2.2
2.3
2.4
2.5
2.6
2.7
The Committee shall be composed of a minimum of at least three (3) members and
not more than five (5) members, as Council deems advisable.
The Property Standards Committee shall hold Office during the term of Council of the
Corporation of the Town of Kearney and shall have the powers and perform the duties
of the Property Standards Committee for the municipality as prescribed in Section 15.3
(3.1) of the Ontario Building Code Act, R.S.O. 1992, c. 23.
The Committee, from its members, shall elect a Chairperson, at a meeting arranged by
the Secretary, shortly thereafter the appointment of the Committee by Council.
When the Chairperson is absent through illness or otherwise, the Committee may
appoint another member to act as Chairperson.
Two (2) members of the Committee shall constitute a quorum if the Committee
consists of three (3) persons and three (3) members of the Committee shall constitute
a quorum if the Committee consists of four (4) or five (5) members.
The Council of the Town of Kearney will appoint the Staff person who will serve as the
Secretary for the Committee. The Secretary shall not have voting powers.
Committee members shall be appointed by Council to this volunteer position.
Responsibilities of the Committee Members
3.1
3.2
Chairperson
The Chairperson:
3.1.1 shall ensure oaths are administered;
3.1.2 is responsible to ensure that the Town and the appellant are provided equal
opportunity to give evidence;
3.1.3 shall ensure that the evidence is presented in accordance with the procedures
outlined below;
3.1.4 is responsible for the conduct of the meeting/appeal.
Secretary
The Secretary of the Committee, upon receipt of the Notice of Appeal shall:
3.2.1 determine the date, place and time of the hearing of the appeal which shall
take place not less than seven (7) days and not more than thirty (30) days from the
date of receipt of the appeal;
3.2.2 give notice, in writing, of the date, place and time of the Hearing, to:
i) the appellant;
ii) the Officer who issued the Order; and
iti) any others as considered advisable by the Committee
3.2.3 notify
i) the appellant;
ii) the Officer who issued the Order; and
iii) any other person who appeared at the hearing of the Appeal of the
Decision, by causing a copy to be served personally or by registered
mail.
Duties of the Committee
4.1 Aduty arises when:
i) an Officer issues an ORDER pursuant to Section 15.2.2 or 15.7 of the Ontario
Building Code Act, 1992, c. 23; and
ii) the owner or occupant, upon whom an ORDER has been issued, is not satisfied
with the ORDER or the terms or conditions thereof and files an APPEAL.
Appeal
5.1 No Appeal
In the event that no appeal is taken, an ORDER shall be deemed to have been
confirmed.
5.2 Notice of Appeal
An owner or occupant may Appeal to the Committee by sending a Notice of Appeal, by
registered mail, to the Secretary of the Committee, within fourteen (14) days of
service of an ORDER.
5.3 Procedure for an Appeal
i) Upon receipt of an APPEAL, the Committee shall hold a hearing, at the date,
place and time set out in the Notice;
it) The Committee shail hear all evidence from the Town of Kearney and the
Appellant in accordance with the rules of evidence.
5.4 Appeal to Court
The Town, or any owner or occupant or person affected by the Committee’s decision,
may appeal to a judge of the Ontario Court (General Division) by notifying the
Clerk of the Corporation, in writing, and by applying to the Ontario Court
(General Division) for an appointment within fourteen (14) days after the
sending of a copy of the decision.
Rules of Evidence
6.1 The Committee will be given copies of the following:
= Property Standards By-law
* Copy of the ORDER and Informal Notice (if applicable)
6.2 i) The Town will present its evidence to the Committee first:
* Witness
» Testimony
» Documentary evidence
ii) The Chairperson, prior to allowing any witness to give testimony will have the
witness take an OATH swearing that he will tell the truth or he will affirm that
he will tell the truth;
iti) The appellant and the Committee will have the opportunity to question any
Corporation witness, after the Corporation has completed their line of
questioning for that particular witness (Cross Examination);
iv) The Corporation will have the opportunity to clarify any evidence brought out
in cross-examination — meaning address the witness again by asking questions
(re-examination)
6.3 Once the Town has completed its evidence, the Appellant may present his/her
evidence. The procedure applies as in 6.2.
6.4 Upon completion of the Appellant’s evidence the Town has the opportunity to give
Reply Evidence (i.e. if during the course of the defense, the Appellant or Witness have
raised an issue not previously raised by the Town, then as Rely Evidence, the Town
may call evidence on the point which had not been previously raised.
6.5
6.6
6.7
Once the evidence for the Appellant and the Town is completed, both will have the
opportunity to summarize their evidence and provide the Committee with closing
comments.
The Property Standards Committee may:
i) Confirm the ORDER
ii) Modify or rescind the ORDER
iti) Extend the time for complying with the ORDER provided that the general intent
and purpose of the By-law is maintained.
The Committee shall give its decision in writing, within ten (10) working days.
SCHEDULE ‘B’
To By-law No. 2017 - 30
Property Standards By-law
COMPLAINT FORM
DATE
ARDRESS OF NON-COMPLANT PROPERTY
MATURE OF MON-COMPLIANCE
COMPLAINANT INFORMATION
NAME
ADDRESS
PHONE NO
SIGNATURE
SCHEDULE ‘C’
To By-law No. 2017 - 30
Property Standards By-law
INFORMAL NOTICE
Date
Owner’s Name and Address
Dear Sir/Madam:
RE: Description and Location
Property in Violation:
Be advised that on DATE — an inspection of your property, as noted above, revealed certain
violations of the Municipality's Property Standards By-law No. 2017-xx.
Schedule “A”, attached hereto, sets out the work required to remedy such violation and to bring the
property into compliance with the By-Law.
Also be advised that the indicated By-Law gives authority for the issuance of a Notice of Violation of
Maintenance and Occupancy pursuant to Section 15 of the Ontario Building Code Act S.0. 1992, c. 23
as amended. However, it is hoped you will comply with this informal notice that the aforementioned
procedural step will not be necessary.
A re-inspection of this property will take place on or about DATE to ascertain compliance.
Should you require further information pertaining to this matter please feel free to contact the
undersigned during normal business hours.
Property Standards Officer
Telephone Number
SCHEDULE ‘D’
To By-law No. 2017 - 30
Property Standards By-law
NOTICE OF VIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY
Section 15 of the Ontario Building Code Act S.0. 1992, c. 23 as amended
Date
Owner's Name and Address
Dear Sir/Madam:
RE: Description and Location of Property in Violation
Town of Kearney
TAKE NOTICE that on DATE an inspection of your property, as noted above, revealed
that in some respect the property did not comply with the prescribed standards as set out in the Property
Standards By-Law No. 2017-xx.
ALSO TAKE NOTICE that Schedule “A”, attached hereto and which forms part of this NOTICE OF
VIOLATION sets out the work required to remedy such violation(s) and to bring the property into
compliance with the By-Law.
FURTHER BE ADVISED that you or your representative may appear before the Officer and make
representations pertaining to the matter contained within this Notice on or before DATE
A re inspection of this property will take place on or about. DATE to ascertain compliance.
If at that time the noted violations have not been remedied and thereby obtaining compliance with the
By-Law, an ORDER or ORDERS may be made requiring that the property be repaired or that the site
be cleared of all buildings, structures, debris or refuse and left in a graded or leveled condition.
Property Standards Officer
Telephone Number
SCHEDULE ‘Et’
To By-law No. 2017 - 30
Property Standards By-law
ORDER TO REMEDY VIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY
Section 15 of the Ontario Building Code Act $.0. 1992, c. 23 as amended
Date
Owner's Name and Address
Dear Sir/Madam:
RE: Description and Location of Property in Violation
Town of Kearney
WHEREAS on DATE you were served with a NOTICE that required you to remedy
certain violations of standards of maintenance and occupancy at your property, described above.
AND WHEREAS you have failed to remedy the noted violation(s) as set out in Schedule “A”, attached
hereto and which forms part of this ORDER.
THEREFORE, IT IS HEREBY ORDERED THAT the violation(s) as set out in Schedule “A” be
remedied and the property brought into a condition of compliance with the prescribed standards as set
out in the Property Standards By-Law No. 2017-xx on or before DATE
TAKE NOTICE that if such violations are not remedied within the time specified in this order, the
municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served 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 fourteen (14) days after service of the order, and, in the
event that no appeal is taken, the order shall be deemed to have been confirmed.
FINAL DATE FOR APPEAL:
Property Standards Officer
Telephone Number
SCHEDULE ‘F’
To By-law No. 2017 - 30
Property Standards By-law
SUBSTANDARD PROPERTY
Section 15 of the Ontario Building Code Act S.0. 1992, c. 23 as amended
NOTICE OF VIOLATION ORDER TO COMPLY
Re: Description and Location of Property in Violation
Town of Kearney
THIS PROPERTY has been found NOT to be in conformity with the Standards of Maintenance and
Occupancy established by this Municipality and as set out in the Property Standards By-Law 2017-xx.
SCHEDULE “A”, attached hereto, sets out the work required to remedy such violation(s) and to bring
the property into compliance with the By-Law.
BE ADVISED THAT THIS PROPERTY MUST BE MADE TO CONFORM WITH THE BY-LAW ON OR BEFORE
THE DAY OF , 20
Further information may be obtained at the Town of Kearney Municipal Office
Dated at this day of , 20
Property Standards Officer
Telephone Number
NOTE: Any person who removes or defaces this Placard is liable to a penalty not to
exceed $500.00.
SCHEDULE ‘G’
To By-law No. 2017 - 30
Property Standards By-law
NOTICE OF APPEAL
Section 15 of the Ontario Building Code Act S.0. 1992, c. 23 as amended
Date
To the Secretary
Property Standards Appeal Committee
Corporation of the Town of Kearney
8 Main Street, PO Box 38
Kearney, Ontario
POA IM0
Re: Order to Remedy Violation of Standards of Maintenance and Occupancy at:
Description and Location of Property in Violation
Town of Kearney
TAKE NOTICE of the appeal of the undersigned to the Property Standards Appeal Committee
because of dissatisfaction with the above referenced order to remedy violation of standards of
maintenance and occupancy served upon the undersigned on
Name (Owner or Agent)
Address
Telephone Number
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served 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 fourteen days after service of the order, and, in the event
that no appeal is taken, the order shall be deemed to have been confirmed.
Section 15 of the Ontario Building Code Act S.O. 1992, c. 23 as amended.
Ce i a a rs
Signature of Owner or Authorized Agent