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CORPORATION OF THE TOWNSHIP OF
KILLALOE, HAGARTY AND RICHARDS
BY-LAW # 24-2022
Being a by-law for prescribing standards for the maintenance and occupancy of
property within the Township of Killaloe, Hagarty and Richards.
WHEREAS the Corporation of the Township of Killaloe, Hagarty and Richards is
authorized to enact a by-law pursuant to the provisions of Section 15 of the Building Code
Act, S.O. 1992 c.23, and amendments thereto;
AND WHEREAS the Corporation of the Township of Killaloe, Hagarty and Richards
deems it beneficial to enact a by-law for prescribing standards for the maintenance and
occupancy of property within the Township of Killaloe, Hagarty and Richards, for
prohibiting the occupancy or use of such property that does not conform to the standards
and for requiring property below the standards prescribed herein to be repaired and
maintained to comply with the standards;
NOW THEREFORE the Council of the Corporation of the Township of Killaloe, Hagarty
and Richards hereby enacts as follows:
SECTION 1 - SHORT TITLE:
1.1
This by-law may be cited as the "Property Standards By-Law".
SECTION 2 - DEFINITIONS:
2.1
"Accessory Building": shall mean a subordinate, detached building not used for
human habitation, designed or intended for the better or more convenient
enjoyment of the main building to which it is accessory and is located upon the lot
upon which the main building is or is intended to be erected and shall include a
private garage where such garage does not form part of the main building.
2.2 "Alteration": (as applying to a building) shall mean a change from one major
occupancy class or division to another, or a structural change such as an addition to
the area and height, or the removal of part of a building, or any change to the
structure such as the construction of, cutting into or removal of any wall, partition,
column, beam, joist, floor or other support, or a change of the fixtures and
equipment.
2.3
"Building": shall mean any structure used or intended for supporting or
sheltering any use or occupancy.
2.4
"Building Code Act": shall mean Building Code Act S.O. 1992, c.23, and
subsequent amendments thereto.
2.5
"Building Code": shall mean the Ontario Building Code.
2.6
"Committee": means the Property Standards Committee established under Section
15.6 or the Building Code Act S.O. 1992, c.23.
2.7
"Council": shall mean the Council of the Corporation of the Township of Killaloe,
Hagarty and Richards.
2.8
"Dwelling": shall mean a building or structure or part of a building or structure
occupied or capable of being occupied in whole or in part for the purpose of human
habitation and includes the land and premises appurtenant thereto and all accessory
buildings, outbuildings, fences or erections thereon or therein.
2.09
"Good Repair": shall mean that a building, structure or appurtenances thereto,
shall be maintained in such condition as to be:
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a)
Free from accident or fire hazard
b)
Structurally sound
2.10
"Grade": shall mean the average level of finished ground adjoining a building at
all exterior walls.
2.11 "Maintain": shall mean the preservation or keeping in repair of a property as
required by this by-law and any applicable regulations.
2.13
"Non-Residential Property": shall mean a building or structure not occupied or
capable of being occupied in whole or in part for the purpose of human habitation
and includes the lands and premises appurtenant thereto.
2.14
"Occupancy": shall mean the use or intended use of a building or part thereof for
the shelter or support of persons, animals or property.
2.15
"Occupant": shall mean any person or persons over the age of 18 years in
possession of the property.
2.16
"Officer": shall mean the Property Standards Officer who will be assigned the
responsibility of administering and enforcing this by-law.
2.17
"Owner": shall mean the person shown on the last assessment roll as the owner,
and can also mean a person for the time being managing or receiving the rent
on the land or premises in connection with which the word is used whether on
his/her own account or as agent or trustee of any person or who would so receive
the rent if such land and premises were let, and shall also include the lessee or
occupant of the property who, under the terms of the lease, is required to repair and
maintain the property in accordance with the Standards for the maintenance and
occupancy of the property.
2.18
"Property": shall mean a building or structure or part of a building or structure
and includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections thereon
whether heretofore or hereafter erected, and includes vacant property.
2.19
"Refuse or Garbage": shall mean refuse or garbage and without limiting the
generality of the foregoing includes, rubbish, inoperative vehicles and mechanical
equipment, automotive and mechanical parts, furnaces, water or fuel tanks,
furniture, table waste, paper, cartons, crockery, glassware, cans, material from
construction or demolition projects and old clothing. Recyclable material that is
contained in appropriate receptacles or containers for transport to a recycling or
approved waste management facility shall not be considered "garbage or waste".
2.20
"Repair": includes the provision of facilities, the making of additions or
alterations or the taking of any other action that may be required to ensure that a
property conforms with the standards established in this by-law. All repairs shall
be made in conformity to the requirements of the Ontario Building Code and the
Building Code Act.
2.21
"Residential Property": shall mean any property that is used or designed for use
of a domestic establishment and includes any land or buildings that are
appurtenant to such establishment and all steps, walks, driveways, parking spaces
and fences associated with the dwelling or its yard.
2.22
"Standards": shall mean the standards or physical condition and occupancy
prescribed for property by this by-law.
2.23
"Vehicle": shall mean a motor vehicle, trailer, boat, motorized snow vehicle, all
terrain vehicle, mechanical equipment and any vehicle drawn, propelled or driven
by any kind of power, including muscular power.
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2.24 "Waste": shall mean any debris, rubbish, sewage, effluent, discard, or garbage of
a type arising from a residence, belonging to or associated with a house or use of a
house or residential property and/or from industrial or commercial operations, or
belonging to or associated with industry or commerce or industrial or commercial
property, which for greater certainty includes all garbage, discarded material or
things, broken or dismantled things, and materials or things exposed to the
elements, deteriorating or decaying on a property due to exposure or the weather.
2.24
"Yard": shall mean the land, other than publicly owned land, immediately around
and appurtenant to the whole or any part of a residential or non-residential property
and lawfully used or intended to be used or capable of being used in connection
with the property.
SECTION 3 - GENERAL DUTIES AND OBLIGATIONS:
3.1
No person shall occupy, use, permit the use of, rent, or offer to rent, any property
that does not conform to the standards as set out in this by-law.
3.2
The owner of any property shall either:
(a)
repair and maintain the property in accordance with the standards, or
(b)
remove or demolish the whole or the offending part of any property that is
not in accordance with the standards.
3.3
When any lands and/or buildings are not maintained pursuant to the requirements
of this by-law, the Property Standards Officer shall send a Notice by registered
mail or delivered by hand to the owner or occupants address requiring him/her to
make the lands and buildings conform to the requirements of the by-law and the
Notice shall specify the time allowed for compliance.
SECTION 4 - PROPERTY STANDARDS:
4.1
YARDS, PARKING LOTS, VACANT PROPERTY AND BUILDINGS:
(a)
Every person shall keep yards, parking lots, vacant properties and buildings clean
and free of waste, garbage, deteriorating and/or decaying trees or objects or
conditions that might create a health or fire accident hazard.
(b)
Every person shall keep grass, plantings and hedges on their yards and vacant
properties trimmed and neat. Every person shall keep yards and vacant properties
free from heavy undergrowth, excessive growth of grass, weeds, noxious plants in
accordance with the Weed Control Act, R.S.O. 1990 and amendments thereto, and
its regulations made thereunder.
(c)
No person shall store or allow to be stored any machinery, appliances, furniture,
plumbing fixtures, vehicles, or parts thereof which are in a wrecked, discharged,
dismantled, partially dismantled or abandoned condition in a yard, open area of any
building or on any vacant property.
4.2
ACCESSORY BUILDINGS, STRUCTURES AND FENCES:
(a)
Every person shall keep accessory buildings, structures or fences in good condition
and repair. Every person shall maintain all accessory buildings, structures and
fences in a structurally sound condition so as to be capable of sustaining safely its
own weight together with any load to which it might reasonably be subject.
(b)
Every person shall keep their residential, non-residential, commercial, industrial
and accessory buildings in conformity with the standards set out in this by-law and
buildings or structure remaining vacant for an extended period of time shall be
sufficiently secured with all windows and doors boarded to prevent entry by
unauthorized persons, and shall remain boarded until such buildings shall either be:
4
(i)
restored to conform with the standards of this by-law, or
(ii)
demolished, or
(iii)
made exempt by a written agreement with the Council of the Corporation
of the Township of Killaloe, Hagarty and Richards.
SECTION 5 - ADMINISTRATION AND ENFORCEMENT:
5.1
PROPERTY STANDARDS OFFICER:
(a)
The office of the Property Standards Officer is hereby created and the Chief
Building Official and/or the By-Law Enforcement Officer, and the Municipal
Compliance Officer as appointed from time to time by Council, shall be the
Property Standards Officer and shall be responsible for the administration and
enforcement of this by-law, subject to review by Council. All Property Standards
complaints shall be submitted in writing to the attention of the Property Standards
Officer and must be signed by the complainant.
(b)
The Property Standards Officer and any person acting under his/her instructions
may, at all reasonable times and upon producing proper identification, enter and
inspect any property, provided however, that he/she does not enter any room or
place actually used as a dwelling without the consent of the occupier, except under
the authority of a search warrant issued under Section 16-1 of the Building Code
Act.
(c)
If after inspection, the Property Standards Officer is satisfied that, in any respect
the property is not in keeping with the standards prescribed in this by-law, he/she
shall serve or cause to be served by personal service upon, or send by pre-paid
registered mail to the owner of the property and all persons shown by the records
of the Registry Office, the Land Titles Office and the Sheriff, to have any interest
therein, a notice containing particulars of the non-conformity and may at the same
time, provide all occupants with a copy of such notice.
(d)
The Notice outlined in Section c above, shall also set forth the date and opportunity
for a hearing with the Property Standards Officer to determine what action must be
taken with respect to the building, and informing the owner that he/she or his/her
representative is entitled to appear at the said hearing and make such
representations and present such evidence as he/she so desires and that, in the event
that he/she does not request a hearing, a decision may be made by the Property
Standards Officer in his/her absence. The said notice may also contain any other
information that the Property Standards Officer deems necessary.
(e)
Should the situation fail to be resolved to the satisfaction of the Property Standards
Officer following the actions taken in accordance with Section 5(c)(d) of this by-
law, the Property Standards Officer may make and serve or cause to be
served upon or sent by prepaid registered mail to such person, an order containing:
(i)
the municipal address or legal description of the property;
(ii)
reasonable particulars of the repairs to be effected or a statement that the
site is to be cleared of all buildings, structures, debris or refuse and left in
a graded and levelled condition and the period in which there must be
compliance with the terms and conditions of the order and notice that if such
repairs or clearance is not done, within the time specified in the order, the
municipality may carry out the repairs and clearance at the expense of the
owner;
(iii)
the final date for giving notice of appeal from that order.
(f)
A notice or an order when sent by registered mail shall be sent to the last known
address of such person.
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(g)
The order shall be served on the owner of the property and such other persons
affected by it as the officer determines and a copy of the order may be posted on
the property.
(h)
Any order may be registered in the proper Land Registry Office, and upon such
registration, any person acquiring any interest in the land subsequent to the
registration of the order shall be deemed to have been served with the order on the
date on which the order was sent and when requirements of the order have been
satisfied, the Clerk of the municipality shall forthwith register in the proper Land
Registry Office, a certificate that such requirements have been satisfied, which shall
operate as a discharge of such order.
5.2
PROPERTY STANDARDS COMMITTEE:
(a)
A Committee, to be known as The Property Standards Committee of the Township
of Killaloe, Hagarty and Richards is hereby established in accordance with this by-
law.
(b)
The Property Standards Committee of the Township of Killaloe, Hagarty and
Richards shall consist of all members of Council.
(c)
Section 15.3 of the Building Code Act, S.O. 1992, c.23 as amended, provides for
appeals from orders made under this by-law to the Property Standards Committee
and to a Judge of the Ontario Court.
(d)
The Committee shall:
(i)
elect a Chairperson from its members; and,
(ii)
make provisions for a secretary of the Committee.
5.3
APPEAL:
(a)
When an owner or occupant upon whom an order has been served is not
satisfied with the terms or conditions of that order, he/she may appeal to the
Committee by sending notice of an 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.
(b)
When an appeal has been taken, the Committee shall hear the appeal and
shall have all the powers and functions of the Officer who issued the order,
and may confirm, modify or rescind the order to demolish or repair,
or may extend the time for complying with the order provided that, in the
opinion of the Committee, the general intent and purpose of this by-law and
of the Official Plan are maintained.
(c)
The Secretary of the Committee, in receipt of the notice of appeal referred
to in Section 5.3(a), shall:
(i)
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 aforesaid notice; and,
(ii)
give notice in writing of the date, place and time of the hearing
referred to in paragraph (a) to:
1.
the appellant;
2.
the officer who issued the order, and
3.
any other interested persons who appeared at the hearing
held pursuant to the Notice of Violation, said notice to be
served personally or by registered mail.
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(d)
1.
The Committee shall:
- hold the hearing referred to in Section 5.3(c) of the date, place and time
set out in the notice, and;
- have all the powers and functions of an Officer.
2.
Pursuant to Section 15.6(8), and subject to Section 15.6(9) of the Building
Code Act, 1992, c.23, the Committee may adopt its own rules and
procedures.
3.
The applicant may appear with or without Counsel at the hearing, to present
his/her appeal.
4.
The Corporation may be represented at the hearing by the Townships'
solicitor, or his/her duly authorized subordinate or assistant, who is entitled
to reply to the appeal presented on behalf of the applicant.
5.
The Committee may:
(a)
confirm, modify or rescind the order to demolish or repair
(b)
extend the time for complying with the order provided that, in the
opinion of the Committee, the general intent and purpose of the by-
law and of the Official Plan of the Corporation is maintained.
6.
The Committee shall give its decision in writing.
7.
The Secretary of the Committee shall notify:
(a)
the appellant
(b)
the officer who issued the order, and;
(c)
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.
5.3(e)
The Municipality or any owner or any occupant or any person affected by a
decision may appeal to a judge of the Ontario Court (General) Division of
the judicial district in which the property is located by so notifying the
Clerk of the Corporation in writing and by applying for an appointment
within fourteen (14) days after sending a copy of the decision:
(i)
the judge shall, in writing, appoint a day, time and place for the
hearing of the appeal and may direct in the appointment, the manner
in which and upon whom the appointment is to be served.
(ii)
the appointment shall be served in the manner prescribed, and;
(iii)
the judge on such appeal has the same power and function as the
Committee.
5.4
CERTIFICATE OF COMPLIANCE:
Following the inspection of the property, the officer may, or on the request of the
owner shall, issue to the owner a certificate of compliance, if, in his or her opinion,
the property is in compliance with the standards established in this by-law. Upon
issuance of a Certificate of Compliance at the request of the owner, a fee is payable
in accordance with the following schedule:
(a)
a fee of $25.00 for a residential, commercial or industrial unit.
(b)
The issuance of a Certificate of Compliance herein does not relieve the
recipient from compliance with the requirements of other applicable by-
7
laws, regulations or statutes and it does not constitute an occupancy permit
under the Ontario Building Code.
5.5 POWER OF THE CORPORATION TO DEMOLISH OR REPAIR:
(a)
An order that has been deemed to have been confirmed under Section
15.3(2) of the Building Code Act, or as confirmed or modified by the
Committee under Section 15.3(3) of the Building Code Act, or in the event
of an appeal to a judge under Section 15.3(6) as the case may be, shall be
final and binding upon the owner and occupant, who shall carry out the
repair or demolition within the time and in the manner specified in the order.
(b)
If the owner or occupant of the property fails to demolish the property or to
repair in accordance with the order as confirmed or modified, in addition to
all other remedies:
(i)
the Corporation shall have the right to demolish or repair the
property accordingly and for this purpose its servants and agents
from time to time may enter in and upon the property, and;
(ii)
shall not be liable to compensate such owner, occupant or any
person having an interest in the property by reason of anything done
by or on behalf of the Corporation in the reasonable exercise of its
power under Section 15.4(1) of the Building Code Act.
(iii)
pursuant to Section 15.4(4) of the Building Code Act, S.O. 1992
c.23, the Corporation shall apply the cost of the repairs or
demolition, if not so paid, to the Collectors Roll of Taxes for the
current year and shall be collected in like manner as Municipal
Taxes.
(c)
Section 15.4(2) of the Building Code Act provides that, for the purpose of
15.4(1), employees or agents of the Corporation may enter the property at
any reasonable time without a warrant in order to repair or demolish the
property.
5.6 PENALTIES:
(a)
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for by the Provincial
Offences Act, R.S.O.
(b)
Every person shall comply with any Order of Notice issued under the authority
of this by-law.
5.7 CONFLICTS:
Wherever a standard established by this by-law differs from a standard in relation to the
same matter established by any other item of legislation in force in the Township of
Killaloe, Hagarty and Richards, the standards which provides the higher degree of
protection for the health, safety and welfare of the occupants and the general public, shall
prevail.
5.8 No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Officer, employee and/or agent of the Municipality in the
lawful exercise of a power of duty under this by-law.
5.9
This by-law shall come into force and shall take effect upon final passing thereof.
8
5.10
This By-law replaces By-Law # #34-2011 of the Township of Killaloe, Hagarty
and Richards.
Read a first and second time this 19th day of April 2022.
Read a third time and finally passed this 19th day of April 2022.
_____________________________
____________________________________
Mayor - Janice Tiedje
CAO/Clerk-Treasurer - Susan Sheridan
9
The Corporation of the Township of Killaloe, Hagarty and Richards
Part 1, Provincial Offences Act
By-Law #24-2022
Property Standards By-Law
ITEMS
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating
or Defining
Offence
COLUMN 3
SET FINE
1.
Fail to keep yards, parking lots, vacant
properties and buildings clean and free of
waste, objects or conditions that might
create a health or fire accident hazard.
Section 4.1(a)
$ 500.00
2
Fail to keep yards and vacant properties
free from heavy undergrowth, excessive
growth of grass, weeds and noxious plants.
Section 4.1(b)
$ 500.00
3
Permit or allow the storage of Items in a
wrecked,
dismantled
and
abandoned
condition.
Section 4.1(c)
$ 500.00
4
Fail
to
keep
accessory
buildings,
structures, or fences in good condition and
repair.
Section 4.2(a)
$ 500.00
5
Fail to keep vacant building sufficiently
secured.
Section 4.2 (b)
$ 500.00
6.
Failure to comply with an order.
Section 5.6
7
Hinder/obstruct
or
attempt
to
hinder/obstruct officer.
Section 5.8
$ 500.00
NOTE: penalty provision for the offences indicated above is Section 5.6(a) of By-Law
# 24-2022 a certified copy of which has been filed, and Section 61 of the Provincial
Offences Act, R.S.O. 1990, c.P.33.