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THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 22-050
BEING A BY-LAW TO PRESCRIBE STANDARDS FOR MAINTENANCE AND
OCCUPANCY OF PROPERTIES WITHIN THE TOWN OF KIRKLAND LAKE
WHEREAS the Corporation of the Town of Kirkland Lake deems it desirable to enact a
by-law for prescribing standards for the maintenance and occupancy of all property within
the municipality and prohibiting the use of such property that does not conform to the
standards; and for requiring any property to be repaired and maintained so as to comply
with said standards as described heein or to be cleared of all buildings and structures,
rubbish, debris and the lands left in a graded and level condition;
AND WHEREAS section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipal power shall be exercised by By-law;
AND WHEREAS the Official Plan for the Town of Kirkland Lake provides that a Property
Standards By-law be implemented to ensure buildings, structures and lands are kept in a
structurally sound condition, and in good repair;
AND WHEREAS section 15.1 of the Building Code Act, 1992, S.O. 1992, c.23 provides
that the Council may pass a by-law with respect to prescribing standards for the
maintenance and occupancy of property, and requiring that property that does not
conform with the standards to be repaired and maintained with the standards or the site
to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled
condition;
AND WHEREAS sections 15.2 and 15.8 of the Building Code Act, 1992 provide
inspection and enforcement authorities for a by-law made under section 15.1 of the Act;
AND WHEREAS section 15.4 of the Building Code Act, 1992 provides authority for a
municipality to cause repairs or demolition of a property where an Order made under
section 15.2(2) of the Act is not complied with and the Order has been deemed confirmed
or confirmed or modified by a property standards committee or judge of the Superior Court
of Justice, and further provides that the municipality shall have a lien on the land for the
amount of the repair or demolition, which shall have priority lien status under the Municipal
Act, 2001;
AND WHEREAS the offence and penalty provisions for contraventions are as set out in
section 36 of the Building Code Act, 1992;
AND WHEREAS section 391(1) of the Municipal Act, 2001 provides that a municipality
may impose fees or charges on persons:
a) For services and activities provided or done by or on behalf of it; and
b) For costs payable by it for services or activities provided or done by or on behalf
of any other municipality or any local board;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION
The Corporation of the Town of Kirkland Lake
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OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
BY-LAW TABLE OF CONTENTS
Part 1 - General Provisions
Section 1.1: Short Title ....................................................................................... 4
Section 1.2: Scope ............................................................................................. 4
Section 1.3: Enforcement ................................................................................... 4
Section 1.4: Conflicts with other By-laws ............................................................ 4
Part 2 - Definitions ..............................................................................4-8
Part 3 - General Standards for all Properties
Section 3.1: Workmanship .................................................................................. 8
Section 3.2: Yards .............................................................................................. 8
Section 3.3: Surface Conditions of Yards .......................................................... 8
Section 3.4: Surface Conditions of Driveways, Parking Areas, and Walkways ... 9
Section 3.5: Accessory Buildings, Fences, and Other Structures ....................... 9
Part 4 - Residential Standards
Section 4.1: General Conditions For Exterior Envelope and Common Use
Areas ..................................................................................................................... 9
Section 4.2: Pest Prevention .............................................................................. 9
Section 4.3: Structural Soundness ..................................................................... 9
Section 4.4: Exterior Envelope ......................................................................... 10
Section 4.5: Windows and Doors ...................................................................... 10
Section 4.6: Roofs ............................................................................................ 10
Section 4.7: Interior Walls, Ceilings and Floors ................................................ 11
Section 4.8: Stairs, Porches, Balconies, Landings, Mezzanines, and Fire
Escapes .............................................................................................................. 11
Section 4.9: Guards .......................................................................................... 11
Section 4.10: Handrails .................................................................................... 11
Section 4.11: Electrical Service ........................................................................ 11
Section 4.12: Lighting ....................................................................................... 12
Section 4.13: Heating, Heating Systems .......................................................... 12
Section 4.14: Elevating Devices ....................................................................... 12
Section 4.15: Disconnected Utilities ................................................................. 12
Part 5 - Vacant Lands and Buildings
Section 5.1: Vacant Lands ................................................................................ 12
Section 5.2: Vacant Buildings ........................................................................... 12
Part 6 - Non-Residential Use Property Standards
Section 6.1: Yards ............................................................................................ 13
Section 6.2: Parking Areas and Driveways ....................................................... 13
Section 6.3: Structural Soundness ................................................................... 13
Section 6.4: Exterior Walls ............................................................................... 14
Section 6.5: Roofs ............................................................................................ 14
Section 6.6: Guards .......................................................................................... 14
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Section 6.7: Handrails ...................................................................................... 14
Section 6.8: Lighting ......................................................................................... 14
Part 7 - Interior Residential Property Maintenance
Section 7.1: Security ........................................................................................ 15
Section 7.2: Water ............................................................................................ 15
Section 7.3: Kitchen and Washroom Facilities ................................................. 15
Section 7.4: Kitchen Facilities ........................................................................... 16
Section 7.5: Electrical Services ........................................................................ 16
Section 7.6: Ventilation ..................................................................................... 17
Section 7.7: Garages ........................................................................................ 17
Section 7.8: Egress .......................................................................................... 17
Section 7.9: Elevators....................................................................................... 17
Section 7.10: Pest Control ................................................................................ 17
Section 7.11: Interior Structure and Floors ....................................................... 17
Section 7.12: Plumbing System ........................................................................ 18
Section 7.13: Heating System .......................................................................... 18
Section 7.14: Exemption................................................................................... 18
Section 7.15: Reporting of Section 7 ................................................................ 18
Part 8 - Administration and Penalties
Section 8.1: Obstruction ................................................................................... 19
Section 8.2: Powers of Entry ............................................................................ 19
Section 8.3: Informal Notice ............................................................................. 19
Section 8.4: Formal Notice & Order .................................................................. 20
Section 8.5: Notice of Appeal ........................................................................... 21
Section 8.6: Failure to Comply with an Order .................................................. 21
Section 8.7: Certificate of Compliance ............................................................. 22
Section 8.8: Offences ....................................................................................... 22
Section 8.9: Fees ............................................................................................. 22
Section 8.10: Cost Recovery ............................................................................ 22
Part 9 - Property Standards Committee
Section 9.1: Members of the Property Standards Committee ........................... 23
Section 9.2: Compensation .............................................................................. 23
Section 9.3: Chair ............................................................................................. 23
Section 9.4: Quorum ........................................................................................ 23
Section 9.5: Secretary ...................................................................................... 23
Section 9.6: Rules of Procedure and Oaths ...................................................... 23
Section 9.7: Notice ........................................................................................... 23
Section 9.8: Duty of the Property Standards Committee ................................... 23
Section 9.9: Powers of the Property Standards Committee .............................. 24
Part 10 - Enactment
Section 10.1: By-law Coming into Force .......................................................... 24
Section 10.2: Repeal ........................................................................................ 24
The Corporation of the Town of Kirkland Lake
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Appendices
Appendix 1: Informal Notice Template .............................................................. 25
Appendix 2: Schedule A Template ................................................................... 26
Appendix 3: Formal Notice Template (After Informal Notice) ........................... 27
Appendix 4: Formal Notice Template (Direct) ................................................... 28
Appendix 5: Order to Remedy Violation Template ............................................ 29
Appendix 6: Notice of Appeal Template ............................................................ 30
Appendix 7: Certificate of Compliance Template .............................................. 31
PART 1 - GENERAL PROVISIONS
1.1
Short Title
This By-law shall be cited as the "Property Standards By-law".
1.2
Scope
The provisions of this By-law shall apply to all property within the geographic limits of the
Town, except where otherwise provided.
1.3
Enforcement
This By-law shall be enforced by a Property Standards Officer, By-Law Enforcement
Officer, or an individual designated by the Chief Building Official.
1.4
Conflicts with other By-laws
Where provisions of the By-law conflict with a provision of another By-law in force in the
Town, the provisions that establishes the higher standard in terms of protecting the health,
safety and welfare of the general public and the environmental well-being of the
municipality, shall prevail to the extent of the conflict.
PART 2 - DEFINITIONS
Definitions of words and phrases used in this By-law that are not included in the list of
definitions in this Part shall have the meanings as defined in the Building Code Act and/or
Article 1.4.1.2 of Division A of the Ontario Building Code where so provided, and
otherwise the meanings which are commonly assigned to them in the context in which
they are used in this By-law.
The words and phrases defined in this section have the following meaning for the
purposes of this By-law:
2.1
Accessory Building
Shall mean a detached building or structure, not used for human habitation, that is
naturally and normally incidental and subordinate to the primary use of the building or
structure located on the same property.
2.2
Apartment Buildings
Shall mean a building containing two or more dwelling units which have interior access to
each other or which share a common access to exit, or common exit through an internal
or exterior corridor system, lobby or stair and includes all such buildings whether under
single ownership or condominium tenure.
2.3
Approved
Shall mean acceptance by the Officer enforcing this By-law.
2.4
Barrier-Free
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Shall mean that a building and its facilities can be approached, entered and used by
persons with physical or sensory disabilities.
2.5
Basement
Shall mean one or more storeys of a building located below the first storey.
2.6
Building
Shall mean "building" as defined in the Building Code Act.
2.7
Building Code Act
Shall means the Building Code Act, S.O. 1992, c.23, as amended.
2.8
By-law
Shall mean, unless otherwise referred to herein, this "Property Standards By-law"
2.9
Chief Building Official
Shall mean the Chief Building Official for the Corporation of the Town of Kirkland Lake
appointed under the Building Code Act, 1992, c.23 and having jurisdiction for the
enforcement thereof.
2.10 Clerk
Shall mean the Municipal Clerk of the Corporation of the Town of Kirkland Lake.
2.11 Common Area(s)
Shall mean those areas of a building, on a Residential Use Property that are not located
within a dwelling unit, which are accessible to and for the use of the occupants of the
building and or the public, and includes, but is not limited to; interior and exterior stairs,
stairways, fire escapes, corridors, hallways, landings, decks, platforms, mezzanines,
lobbies, laundry rooms, garbage rooms, exercise rooms, recreational rooms, and toilet
rooms.
2.12 Council
Shall mean the Council of the Corporation of the Town of Kirkland Lake.
2.13 Dwelling Unit
Shall mean a suite within a building on residential use property operated as a
housekeeping unit, used or intended to be used as a domicile by one or more persons
and usually contains cooking, eating, living, sleeping, and sanitary facilities.
2.14 Exterior Envelope
Shall mean those parts of a building normally exposed to the elements and the effects of
the sun, rain, snow and wind including the walls, roofs, soffits, fascia, gable ends,
windows, doors and portions of the foundation located above grade.
2.15 Fence
Shall mean a structure which forms a barrier for enclosing, bounding, delineating, or
protecting land.
2.16 First Storey
Shall mean the storey with its floor closest to grade and having its ceiling more than 1.8
metres (5 ft 11 in) above grade.
2.17 Guard
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Shall mean a protective barrier, with or without openings through it, that is around
openings in floors or at the open sides of stairs, landings, balconies, mezzanines,
galleries, raised walkways or other locations to prevent accidental falls from one level to
another.
2.18 Means of Egress
Shall include exits and access to exits and means a continuous path of travel provided
for the escape of persons from any point in a building or in a contained open space to,
(a) a separate building,
(b) an open public thoroughfare, or
(c)
an exterior open space that is protected from fire exposure from the building and
that has access to an open public thoroughfare
2.19 Non-Residential Use Property
Shall mean a property on which there are no buildings or structures that contain a dwelling
unit, or on which no buildings or structures could lawfully be constructed that contain a
dwelling unit, other than as permitted in Industrial Zones, and includes the lands and
premises and accessory buildings, structures, fences or erections thereon or therein.
2.20 Occupant
Shall mean any person or persons over the age of 18 years in possession of the property.
2.21 Officer
Shall mean a Property Standards Officer, By-Law Enforcement Officer, or an individual
designated by the Chief Building Official.
2.22 Ontario Building Code
Shall mean O. Reg 332/12 made under the Building Code Act, S.O. 1992, c.23 and
amendments thereto.
2.23 Owner
Shall mean and include:
(a) The registered owner of the property,
(b) 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 so receive the rent if such land
and premise were let, and
(c) 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.
2.24 Pesticides Act
Shall means the Pesticides Act, R.S.O. 1990 c. p. 11.
2.25 Person
Shall mean an individual, firm, corporation, association, partnership, contractor,
company, owner, or leasee.
2.26 Property Standards Committee
Shall mean the Committee established pursuant to Section 15.6 of the Building Code Act.
2.27 Property Standards Officer
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Shall mean the person or persons duly appointed by Council as Property Standards
Officer.
2.28 Property
Shall means the area of land as further defined in this By-law as Residential Use Property,
Non-Residential Use Property and/or Vacant Property.
2.29 Residential Use Property
Shall mean a property on which a building is located, or on which a building could lawfully
be constructed for use as a dwelling unit(s) for one or more persons, but does not include
medical or correctional institutions or facilities, and encompasses any lands and
accessory buildings and all stairways, walkways, driveways, parking spaces, and fences
associated with the building and its yard.
2.30 Sign
Shall mean any device or notice, including its structure and other component parts, which
is used or capable of being used to identify, describe, illustrate, advertise or direct
attention to any person, business, service, commodity or use.
2.31 Standards
Shall mean the minimum standards of the physical condition of a building to allow
occupancy as prescribed for in this By-law.
2.32 Storey
Shall means the portion of a building,
(a) that is situated between the top of any floor and the top of the floor next above it, or
(b) that is situated between the top of the floor and the ceiling above the floor, if there is
no floor above it.
2.33 Suite
Shall mean a single room or a series of rooms of complimentary use, operated under a
single tenancy, and includes,
(a) dwelling units,
(b) individual guest rooms in motels, hotels, boarding and rooming houses and
dormitories, and
(c) individual stores and individual or complimentary rooms for business and personnel
services occupancies.
2.34 Temporary Shelter
Shall mean a non-permanent commercially fabricated accessory structure that is
designed to provide shelter to a vehicle and is designed to be easily dismantled or
removed.
2.35 Toilet Room
Shall mean a room containing a toilet and a wash basin.
2.36 Town
Shall mean the Town of Kirkland Lake.
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2.37 Vehicle
Shall mean a motor vehicle, trailer, traction engine, farm tractor, road building machine
and any vehicle drawn, propelled or driven by any kind of power, including muscular
power, or as otherwise defined under the Motor Vehicle Amendment Act.
2.38 Vacant Property
Shall mean the area of land situated between the lot lines of a lot, on which there are no
buildings or structures or portions thereof currently constructed or situated.
2.39 Yard
Shall mean an open, uncovered space on a lot appurtenant to a building, except a court,
and unoccupied by buildings or structures except as specifically permitted in this By-law.
2.40 Zone(s)
Shall mean an area of district of land shown on the schedules of the Zoning By-law 21-
032.
PART 3 - GENERAL STANDARDS FOR ALL PROPERTIES
3.1
Workmanship
3.1.1. 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, renovations or repairs shall conform to the Building
Code Act, the Ontario Building Code, the Fire Prevention and Protection Act, and the
Ontario Fire Code where applicable.
3.2
Yards
Every yard in all zones shall be kept clean and free from:
3.2.1. rubbish or debris and objects or conditions that may create a health, fire, or
accident hazard;
3.2.2. vehicles or any part of such vehicle which is in a wrecked, discarded,
dismantled, inoperative, unlicensed or abandon condition, with the following
exceptions:
(a) where it is part of an automotive repair establishment use, an automotive
sales establishment (new or used) use or a vehicle compound use
permitted by any zoning by-law;
(b) where it is part of any legal non-conforming automotive repair
establishment use, automotive sales establishment (new or used) use,
vehicle compound use or salvage yard use; or
(c) where the vehicle is operative and can licensed pursuant to the provisions
of the Highway Traffic Act, R.S.O. 1990, c.H. 8.
3.2.3. dilapidated, collapsed, partially collapsed or partially constructed buildings or
structures that are not currently under construction or renovation authorized by
a permit issued pursuant to the Building Code Act.
3.2.4. buildings or structures which have sustained damage due to flood, fire, or the
effects of wind, rain or snow that render the building unusable for its normal
intended use, that are not under renovation authorized by a permit issued
pursuant to the Building Code Act.
3.3
Surface Conditions of Yards
Surface conditions of yards on developed lots shall be maintained so as to:
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3.3.1. prevent ponding of storm water.
3.3.2. prevent instability or erosion of soil.
3.3.3. prevent surface water run-off from entering basements.
3.3.4. not exhibit an unsightly appearance in comparison to adjacent property.
3.3.5. be kept free of deep ruts and holes.
3.3.6. provide for safe passage under normal use and weather conditions, day or
night.
3.3.7. not to create a nuisance to other property.
3.3.8. kept free of injurious insects, termites, rodents, vermin or other pests.
3.4
Surface Conditions of Driveways, Parking Areas, and Walkways
3.4.1. The surface condition of yards on developed lots used for vehicular traffic,
driveways, parking areas or pedestrian walks shall be of asphalt, concrete,
concrete paving stones, compacted stone or gravel and shall be kept in good
repair free of dirt and litter so as to afford safe passage under normal use and
weather conditions day or night.
3.4.2. Accumulations of ice and snow shall be promptly removed from all main
entrances and exits of occupied buildings.
3.4.3. Where buildings and property have been designated, designed, constructed
or altered for barrier-free access, every barrier-free path of travel and all
barrier-free features and equipment shall be installed in accordance with the
Building Code, and shall be maintained in good repair and shall function as
designed.
3.5
Accessory Buildings, Fences, and Other Structures
3.5.1. Accessory buildings, fences and other structures appurtenant to the property
shall be maintained in structurally sound condition, good repair and free from
accident hazards.
3.5.2. Accessory buildings, 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.
PART 4 - RESIDENTIAL STANDARDS
4.1
General Conditions For Exterior Envelope and Common Use Areas
4.1.1. Every owner of a building on a residential use property shall maintain the
exterior envelope and the common areas of the buildings located on the
property in accordance with this Part.
4.2
Pest Prevention
4.2.1. Openings in the exterior envelope of buildings on residential use property
that may permit the entry of rodents, insects, vermin or other pests shall be
appropriately screened or sealed.
4.2.2. Buildings on residential use property shall be kept reasonably free of
rodents, vermin and insects at all times. Methods used for exterminating
such pests shall be in accordance with the provisions of the Pesticides Act
and all Town By-laws.
4.3
Structural Soundness
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4.3.1. Buildings on residential use property shall be maintained in a structurally
sound condition so as to be capable of withstanding the live and dead loads
that it may be exposed to, and the anticipated effects of wind, rain and snow
to which it may be exposed. Materials which have been damaged or show
evidence of rot or other deterioration shall be repaired or replaced.
4.3.2. Foundation walls supporting buildings on residential use property 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,
and the installation of sub soil drains at the footing level, grouting masonry
cracks, and the damp proofing and waterproofing of walls and floors where
necessary.
4.4
Exterior Envelope
4.4.1. The exterior envelope of buildings on residential use property, including
siding or cladding, masonry, soffits, fascia, and trim components shall be
maintained in good repair, free from loose or improperly secured objects or
materials. Paint or other suitable preservatives or coatings must be applied
where necessary so as to prevent deterioration due to weather conditions,
insects or other hazards.
4.4.2. Building materials susceptible to ultraviolet light deterioration shall not be
left exposed longer than their manufacturer specified timeframe.
4.4.3. Buildings on residential use property shall not use temporary weather
protection measures such as tarps or plastic sheeting for a period longer
than thirty (30) days without providing a permanent exterior envelope
solution.
4.5
Windows and Doors
4.5.1. Windows, doors, skylights, and basement hatchways in the exterior
envelope of buildings on residential use property shall be maintained in
good repair, weather tight and draft free, so as to prevent heat loss and
infiltration by the elements. Maintenance includes painting, and the repair
or replacement of damaged doors, door frames, window frames and
sashes, and the replacement of non-serviceable hardware and re-glazing
where necessary. Where screening is provided on windows and doors it
shall also be maintained in good repair.
4.5.2. Windows and doors in a required means of egress shall be equipped with
hardware that can be readily opened from the interior without keys, special
devices or special knowledge and shall be maintained in operable condition.
4.5.3. Doors between the common areas of buildings and individual suites shall
be equipped with a locking device with a minimum 1 inch throw.
4.5.4. Where there is a voice communication unit working in conjunction with a
security locking and release system controlling a particular entrance door
and installed between individual dwelling units and a secured entrance
area, the said system shall be maintained in good working order at all times.
4.5.5. All windows located above the second story in the exterior envelope of a
building on residential use property that have a sill height less than 1000
mm (3 ft 3 in) from the adjacent floor level shall be equipped with an
approved safety device that prevents any part of the window from being
opened to a position that would permit the passage of a 100 mm diameter
(4 inches) sphere, or the window shall be protected by a guard described in
Section 4.8 of this by-law.
4.5.6. Notwithstanding Section 4.5.5, where an exterior balcony is constructed,
the full length of the window and this balcony is equipped with an approved
guard system, the safety device described in section 4.5.5 need not be
installed on the window.
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4.6
Roofs
4.6.1. Roofs and their components on buildings on a residential use property shall
be maintained in a weather tight condition, free from loose or unsecured
objects or materials.
4.6.2. Buildings on residential use property shall not use temporary roofing
measures such as tarps or plastic sheeting for a period longer than thirty
(30) days without providing a permanent roofing solution.
4.6.3. Roofs shall be kept clear of accumulations of ice or snow where such
accumulations could result in a hazard as a result of the ice or snow falling
from the roof, or could affect the structural integrity of the building.
4.6.4. Where eave troughs or roof gutters are provided, they shall be kept in good
repair, free from obstructions and properly secured to the building.
4.7
Interior Walls, Ceilings and Floors
4.7.1. Every wall, ceiling and floor in the common area of a building on a
residential use property shall be maintained so as to provide a continuous
surface free from excessive holes, cracks, loose coverings or other defects
and were any components thereof are broken, rotted, warped, loose,
excessively worn, or otherwise deteriorated that component shall be
repaired or replaced.
4.8
Stairs, Porches, Balconies, Landings, Mezzanines, and Fire Escapes
4.8.1. Every stair, porch, balcony, landing, mezzanine and fire escape located in
the common area or on the exterior envelope of a building on a residential
use property shall be maintained in good repair and where any
components thereof are broken, rotted, warped, loose, excessively worn,
or otherwise deteriorated that component shall be repaired or replaced.
4.9
Guards
4.9.1. Every open side of a flight of steps, ramp, porch, balcony, landing,
mezzanine or fire escape that is located in the common area or on the
exterior envelope of a building on a residential use property, in which there
is a difference in elevation of 600 mm (24 inches) or greater to the adjacent
surface, or where the adjacent surface within 1.2 m (3ft. 11 in) from the
walking surface has a slope of more than 1 in 2, shall be protected by a
guard in conformance with the Ontario Building Code.
4.9.2. Notwithstanding subsection 4.9.1, existing guards are acceptable, unless
considered unsafe by the Officer.
4.10 Handrails
4.10.1. Every ramp, and stairway with 3 risers or more in the common area and
exterior envelope of a building on a residential use property, shall have a
handrail on at least one side, and where 1.5 metre (59 in) or more in width,
shall have handrails on both sides. Handrails shall be constructed in
conformance with the Ontario Building Code.
4.10.2. Notwithstanding subsection 4.10.1, existing handrails are acceptable,
unless considered unsafe by the Officer.
4.11 Electrical Service
4.11.1 Every building on a residential use property that has access to hydro shall
be wired for electricity and shall be connected to an approved electrical
supply system unless it can be shown that an alternate method of supply
is being provided. The electrical wiring, fixtures, switches, receptacles, and
appliances located or used in a building in a residential use property shall
be installed and maintained in good working order so as not to cause fire
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or electrical shock hazards and in conformity with the Ontario Electrical
Safety Authority.
4.12 Lighting
4.12.1. An electrical light fixture shall be installed in common areas of building on
a residential use property, including but not limited to storage rooms,
service rooms, laundry rooms, service hallways, stairways, recreation
rooms and public toilet rooms.
4.12.2. Lighting fixtures and appliances installed in common areas of building on
a residential use property shall provide an adequate illumination level at
the floor or tread level and at angles and intersections and changes of level
where there are stairs or ramps.
4.12.3. Notwithstanding
subsection
4.12.2,
existing
lighting
fixtures
are
acceptable, where approved by the Officer.
4.13 Heating, Heating Systems
4.13.1. The common area of a building on a residential use property located within
the interior of the exterior envelope shall be provided with a heating
system and those areas shall be maintained with a minimum ambient
temperature of 18o Celsius (64o Fahrenheit).
4.13.2. Notwithstanding subsection 4.13.1, the minimum ambient temperature
requirement does not apply to storage rooms, service rooms or recreation
rooms.
4.13.3. It is the responsibility of the owner that all heating and mechanical
systems, and their components, be installed, operational, and maintained
in good working order.
4.13.4. Only heating equipment approved for use by a recognized standards and
testing authority shall be provided in a room used for or intended to be
used for sleeping purposes.
4.13.5. No residential dwelling suite shall be equipped with portable heating
equipment as the primary source of heat.
4.14 Elevating Devices
4.14.1. Required elevators and other elevating devices including all mechanical
and electrical equipment, lighting fixtures, lamps, control buttons, floor
indicators, ventilation fans, and emergency communication systems in the
common areas of a building on a residential use property shall at all times
be in good condition, operational and maintained.
4.15 Disconnected Utilities
4.15.1. Owners of residential use property or any person or persons 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 the common area of a building on an occupied residential use property,
except for such reasonable period of time as may be necessary for the
purpose of repairing, replacing, or otherwise altering said service or utility.
PART 5 - VACANT LAND AND BUILDINGS
5.1
Vacant Lands
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5.1.1. Vacant land shall be maintained to the standards as described in Part 3 of
this By-Law and with the requirements of this Part.
5.2
Vacant Buildings
5.2.1. Where any property is vacant, or has been damaged, the owner shall
protect the property against unauthorized entry.
5.2.2. A building is deemed to be vacant if unoccupied for a period of more than
ninety (90) days, or otherwise determined to be vacant by an Officer
responsible for the enforcement of this By-law.
5.2.3. Vacant buildings shall be kept cleared of all garbage, rubbish and debris.
5.2.4. Vacant buildings shall have all water, electrical, gas, and other utility
services properly disconnected.
5.2.5. Subsection 5.2.4. shall not apply where such utilities are necessary for the
safety or security of the building.
5.2.6. The owner or agent of a vacant building shall keep the building secure to
the satisfaction of the Officer by covering all openings through which entry
may be obtained.
5.2.7. All materials used for boarding up unoccupied, vacant, or damaged
buildings shall be made of a durable weather resistant material, and be
securely fastened to the building.
PART 6 - NON-RESIDENTIAL USE PROPERTY STANDARDS
6.1
Yards
6.1.1. Yards in non-residential use property shall be maintained to the standards
as described in Part 3 of this By-Law.
6.1.2. The warehousing or 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 an unsightly condition. Where
conditions are such that a neat and orderly fashion is achieved, however
the site is still offensive to view from a location not on the property, as
determined by the Property Standards Officer, the offensive area shall be
suitably enclosed by a solid wall or a painted board or privacy type fence
not less than 1.8 metre (6 ft) in height, and shall be maintained in good
repair.
6.2
Parking Areas and Driveways
6.2.1. All areas used for vehicular traffic and parking on a non-residential use
property shall have a surface covering of asphalt, concrete, compacted
stone or gravel sufficient to support the loads it will be subjected to and
the covering shall be kept in good repair free of litter. Notwithstanding the
foregoing, where a non-residential use property abuts a residential use
property, all areas used for vehicular traffic and parking on the non-
residential use property located within 30 meters (100 feet) of the
residential use property shall have a surface covering of asphalt or similar
hard surface, or such other measures as required shall be undertaken to
eliminate the effects of dust, sand or gravel particles originating on those
areas from being displaced onto the adjoining residential use property by
the effects of wind or rain.
6.2.2. All areas used for vehicular traffic, parking spaces and other similar areas
shall be maintained so as to afford safe passage under normal use and
weather conditions.
6.3
Structural Soundness
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6.3.1. Every part of a building or structure on a non-residential use property shall
be maintained in a sound condition so as to be capable of withstanding
the anticipated live and dead loads that it may be exposed to, and the
anticipated effects of wind, rain and snow to which it may be exposed
under normal use, having a level of safety required by the Ontario Building
Code. Structural members or materials that have been damaged or
indicate evidence of deterioration shall be repaired or replaced.
6.4
Exterior Walls
6.4.1. Exterior walls and their components on a building on non-residential use
property, shall be maintained in good repair free from cracked, broken or
loose masonry units, stucco, and other defective cladding or trim and shall
be free of unauthorized signs that would require a building permit. Paint
or some other suitable preservative or coating must be applied and
maintained so as to prevent deterioration due to weather conditions,
insects or other damage.
6.5
Roofs
6.5.1. Roofs and their components on buildings on non-residential use property
shall be maintained in a weather tight condition, free from loose or
unsecured objects or material and shall be kept clear of accumulations of
ice or snow where such accumulation may have a detrimental effect on
the structural integrity of the building or where such accumulations
otherwise creates a hazard.
6.5.2. Where eaves trough or roof gutters are provided they shall be kept in good
repair, free from obstructions and properly secured to the building.
6.6
Guards
6.6.1. Every open side of a stair, porch, balcony, landing, mezzanine or fire
escape that is located on the exterior or interior of a building on a non-
residential use property, and in which there is a difference in elevation of
600 mm (24 inches) or greater to the adjacent surface, or where the
adjacent surface within 1.2 m (3ft. 11 in) from the walking surface has a
slope of more than 1 in 2, shall be protected by a guard constructed to
the standards as described the Ontario Building Code.
6.6.2. Notwithstanding Section 6.6.1, if it can be shown that children will unlikely
be present except under strict supervision, guards in a building of
Industrial Occupancy may be built with openings that will prevent a
spherical object having a diameter of 200 mm (7-7/8 inches) from passing
through it.
6.6.3. Notwithstanding Section 6.6.1, if it can be shown that children will unlikely
be present except under strict supervision, guards in a building on a non-
residential use property are not required at loading docks, maintenance
pits or at such locations where the presence of the guard would
detrimental to the functionality of the business currently operating in the
building.
6.6.4. Notwithstanding subsection 6.6.1, existing guards are acceptable, unless
considered unsafe by the Officer.
6.7
Handrails
6.7.1. Every ramp, and stairways with 3 risers or more in a building on a non-
residential use property, shall have a handrail on at least one side, and
where 1.5 metre (59 inches) or more in width, shall have handrails on
both sides. Such handrails shall be constructed to the standards as
described in the Ontario Building Code.
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6.7.2. Notwithstanding subsection 6.7.1, existing handrails are acceptable,
unless considered unsafe by the Officer.
6.8
Lighting
6.8.1. Every building on a non-residential use property shall have sufficient
windows, skylights, and lighting fixtures necessary for the safety of all
persons attending the premises.
6.8.2. Notwithstanding Section 6.8.1, interior or exterior lighting on non-
residential use property shall not be positioned or directed in manner
that causes any impairment of use or enjoyment of neighbouring
properties or causes a hazard to pedestrian or vehicular traffic on public
streets, highways, or pedestrian walkways.
PART 7 - INTERIOR RESIDENTIAL PROPERTY MAINTENANCE
In addition to the standards, obligations, and requirements of this by-law, Sections 7.1
through 7.13 shall apply to all residential properties within the municipality.
7.1
Security
7.1.1 All operable windows shall have hardware so as to be capable of being
locked or otherwise secured from the interior of the space.
7.1.2 All exterior doors to a dwelling unit shall have hardware so as to be
capable of being locked from the outside, and locked or otherwise
secured from the interior of the space.
7.1.3 Solid core or equivalent exterior type doors shall be provided for all
entrances to dwellings and dwelling units.
7.1.4 The owner of a dwelling, upon the written request of an occupant of a
dwelling unit in which children under the age of ten years are
occupants, shall be subject to subsection 7.1.5 below, and shall provide
and install a protective device on any window that,
(a) has a moveable sash, and
(b) is more than 2.0 metres (6 feet 3 inches) above adjacent finished
ground level.
7.1.5 A protective device shall be installed within seven (7) days of the
delivery of the written request upon the building owner, the owner's
agent or the building's manager or superintendent, unless that such
person and the occupant giving notice agree that the protective device
is not required on every such window that meets the requirements of
Section 7.2.4 above.
7.1.6 The protective device shall be installed and secured in such a manner
as to prevent opening of the window(s) to any amount greater than 100
millimetres (4 inches).
7.2
Water
7.2.1 Every dwelling shall be provided with a supply of potable water from
at least one of the following sources:
(a) Municipal Water System;
(b) Communal Water System; or
(c) Private Source
7.2.2 For the purpose of this by-law, hot water shall be supplied at a
temperature of not less than 43o Celsius (100o Fahrenheit) and not
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more then 49o Celsius (120o Fahrenheit) other than for installed
dishwashers or clothes washers
7.3
Kitchen and Washroom Facilities
7.3.1 Every dwelling unit shall contain plumbing fixtures in operative
condition, consisting of a minimum of:
(a) one kitchen sink;
(b) one water closet;
(c) one hand wash basin; and
(d) one bathtub or shower
7.3.2 The walls to a minimum height of 900 mm (3 feet) above the bathtub
rim in every washroom is to be maintained as to be water-resistant and
readily cleaned.
7.3.3 All washrooms and toilet rooms shall be located within and accessible
from within the building.
7.3.4 All washrooms and toilet rooms shall be fully enclosed so as to provide
privacy for the occupant.
7.3.5 A hand wash basin shall be located in the same room as each toilet or
in an adjoining washroom except that no sink in a kitchen shall be
considered a hand wash basin for the purpose of this Part.
7.3.6 Where toilet, kitchen or washroom facilities are shared by the
occupants of residential accommodation, an appropriate entrance
shall be provided from a common passageway, hallway, corridor or
other common space to the room or rooms containing the said
facilities. The minimum number of toilets, kitchens or washrooms
required shall be in accordance with the Ontario Building Code.
7.3.7 Every washroom and every toilet room shall have a permanently
installed artificial lighting fixture that shall be maintained in good work
order.
7.3.8 No toilet or urinal shall be located within a bedroom or kitchen.
7.4
Kitchen Facilities
7.4.1
Every dwelling unit shall be provided with a kitchen.
7.4.2
The kitchen provided for in Section 7.4.1 shall:
(a) be equipped with a sink that:
i) is provided with a potable cold and hot water supply; and
ii) is maintained in a state of good repair;
iii) has a back splash which is water & grease resistant
(b) be equipped with electricity and necessary utility outlets suitable
for the operation of a refrigerator and cooking surface;
(c) when equipped with a refrigerator, cooking surface, or kitchen
fixtures, such appliances or fixtures shall be maintained in working
order;
(d) has a clear space above any exposed cooking surface of a
cooking apparatus of at least 610 mm (24 inches).
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7.5
Electrical Services
7.5.1 Where electrical services are available, every suite and dwelling unit
shall be:
(a) connected to an electrical supply system; and
(b) wired to receive electricity.
7.5.2 An adequate supply of electrical power shall be available in all
occupied parts of every dwelling, suite and building.
7.6
Ventilation
7.6.1. In every dwelling unit, all habitable rooms, washrooms and toilet
rooms shall have adequate ventilation, either natural or mechanical
to maintain a healthy environment.
7.7
Garages
7.7.1. Garages shall be so maintained as to prevent gas fumes and carbon
monoxide from entering the area of the dwelling unit.
7.8
Egress
7.8.1 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.
7.8.2 Each dwelling and every building containing more than one dwelling
unit shall have at least two (2) exists. A single exit is permitted from
a dwelling unit where the path of egress is through an exterior door
located at or near ground level and access to such exit is through a
room or means of egress that has unrestricted access to the
occupants of the dwelling unit.
7.9
Elevators
7.9.1. A building containing one or more dwelling units and more than
three storeys in height and which has an elevator or elevators for
the use of tenants shall have at least one elevator maintained and
operable except for such reasonable time as may be required for
repair or replacement.
7.10
Pest Control
7.10.1 Every dwelling, multiple dwelling and dwelling unit shall be kept
free of infestation by pest(s).
7.10.2 Openings, including windows, that permit the entry of rodents,
insects vermin or other pests shall be appropriately screened or
sealed.
7.11 Interior Structure and Floors
7.11.1 Every structural component in every building, shall be of sound
material and adequate for the load to which they are subjected.
7.11.2 Every floor shall be level and free of excessive holes and
maintained to be safe, such defective floors shall be repaired or
replaced.
7.11.3 Where floors have been covered with sheet or vinyl floor coverings,
or other flooring that has become worn or torn so that may create
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an unsafe condition, the sheet or other flooring shall be repaired or
replaced.
7.11.4 Every wall and ceiling shall be maintained in a condition free from
excessive holes, open cracks, loose covering or other substantial
defects. Walls surrounding showers and bathtubs shall be
impervious to water.
7.11.5 Where fire resistant walls, doors and/or floors exist between
separate dwelling units, they shall be maintained in a condition,
which maintains their fire-resistant quality.
7.12 Plumbing System
7.12.1 The plumbing system in every building shall be maintained in good
working order and free from leaks and defects.
7.12.2 All water pipes and appurtenances thereto shall be protected from
freezing.
7.12.3 All plumbing fixtures shall be connected to a sewage system shall
be protected by a P trap.
7.13 Heating System
7.13.1 Except for spaces exempted by the Ontario Building Code, a
heating system shall be installed in every building or dwelling that
is capable of supplying during normal hours of occupancy sufficient
heat to maintain a temperature of not less than 22o Celsius (72o
Fahrenheit) at the outside design temperature specified in the
Ontario Building Code.
7.13.2 For the purposes of subsection 7.13.1., heat shall be provided and
maintained so that the room temperature at 1.5 metres (5 feet)
above floor level and 1 metre (39 inches) from exterior walls in all
habitable rooms and in any area intended for use by occupants
including washrooms, and laundry rooms but excluding sun rooms,
locker rooms and garages, is capable of maintaining 20o Celsius
(68o Fahrenheit).
7.13.3
A fuel fired heating appliance shall not be located in corridors,
hallways or other means of egress.
7.13.4
Except in the event of an emergency, no occupied building shall
be equipped with portable heating equipment as the primary
source of heat.
7.13.5
All fuel burning appliances, equipment and accessories to such
appliances and equipment, in a dwelling shall be installed and
maintained to the standards provided by the applicable legislation.
7.14 Exemption
7.14.1
This By-law does not apply to lands on which construction is
actively proceeding in accordance with a permit issued pursuant
to the Building Code Act.
7.14.2
This By-law does not apply so as to prevent a farm, meeting the
definition of "agricultural operation" under the most current version
of the Farming and Food Production Protection Act, from
preforming day to day operations.
7.15 Reporting of Section 7
7.15.1
Any persons reporting inadequate property maintenance
standards covered by sections 7.1 through 7.14, must be:
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a) A resident of the dwelling unit or property the concern
applies to; or
b) an agent acting directly on the behalf of a resident of the
dwelling unit
7.15.2
Except in the case of immediate life safety concerns, before
provisions of Section 7 of this By-law are enforced all issues shall
be reported in writing to the property owner or agent, and a
reasonable amount of time be given to allow necessary repairs.
PART 8 - ADMINISTRATION AND PENALTIES
8.1
Obstruction
8.1.1. No person shall hinder or obstruct, or attempt to hinder or obstruct,
an Officer in the lawful exercise of a power or the performance of a
duty under this By-law.
8.1.2. Any person who is alleged to have contravened any provision of this
By-law shall identify themselves to the Officer upon request. Any
failure to do so shall be deemed to be an obstruction or hindrance to
the Officer in the execution of the Officer's duties.
8.2
Powers of Entry
8.2.1. An Officer or any person acting under their instruction may, upon
producing proper identification, enter upon a property at any
reasonable time without a warrant for the purpose of inspecting the
property to determine:
a) whether the property conforms to the standards prescribed in
this By-law; or,
b) whether an Order made under section 15.2(2) of the Building
Code Act, 1992, has been complied with.
8.2.2. For the purposes of an inspection under this By-law, and Officer may:
a) require the production for inspection of documents or things,
including drawings or specifications, that may be relevant to the
property or any part thereof;
b) inspect and remove documents or things relevant to the
property or part thereof for the purpose of making copies or
extracts;
c) require information from any person concerning a matter related
to a property or part thereof;
d) be accompanied by a person who has special or expert
knowledge in relation to a property or part thereof;
e) alone or in conjunction with a person possessing special or
expert knowledge, make examinations or take tests, samples
or photographs, necessary for the purposes of the inspection;
and
f) order the owner of the property to take and supply at the
owner's expense such tests and samples as are specified in the
order.
8.3
Informal Notice
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8.3.1. An Officer who finds that a property does not conform with any of the
standards prescribed in this By-law may issue an informal notice to
the owner of the property:
a) stating the municipal address or legal description of the property
containing the non-conformity;
b) giving reasonable particulars of the repairs to be made;
c) indicating the time for complying with the notice, and giving notice
that if not complied with an Order may be issued.
8.3.2. An informal notice shall be made with the prescribed template forming
part of the appendices to this By-law, or a variation thereof.
8.4
Formal Notice & Order
8.4.1. An officer who finds that an informal notice has not been complied
with may issue a formal notice and/or an Order to Remedy Violation
to the owner of the property:
a) stating the municipal address or the legal description of the
property;
b) giving reasonable particulars of the repairs to be made or
stating that the site is to be cleared of all buildings, structures,
debris or refuse and left in a graded and levelled condition;
c) indicating the time for complying with the terms and conditions
of the Order and giving notice that, if the repair or clearance is
not carries out within that time, the municipality may carry out
the repair or clearance at the owner's expense; and,
d) indicating the final date for giving notice of appeal from the
Order.
8.4.2. An officer who finds that a property does not conform with any of the
standards prescribed in this By-law may, without first issuing an
informal notice, issue a formal notice and/or an Order to Remedy
Violation to the property owner:
a) stating the municipal address or the legal description of the
property;
b) giving reasonable particulars of the repairs to be made or
stating that the site is to be cleared of all buildings, structures,
debris or refuse and left in a graded and levelled condition;
c) indicating the time for complying with the terms and conditions
of the Order and giving notice that, if the repair or clearance is
not carries out within that time, the municipality may carry out
the repair or clearance at the owner's expense; and,
d) indicating the final date for giving notice of appeal from the
Order.
8.4.3. A formal notice shall be made with the prescribed template forming
part of the appendices to this By-law, or a variation thereof.
8.4.4. An Order to Remedy Violation shall be made with the prescribed
template forming part of the appendices to this By-law, or a variation
thereof.
8.4.5. An Order shall be served on the owner of the property and such other
persons affected by it, as an Officer determines, and a copy of the
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Order may be posted on the property in a location visible to the
public.
8.4.6. An Order may be served personally, by email to the last known email
address of the person to whom service is requiring to be made, or by
registered mail sent to the last known address of the person to whom
the notice is given or to that person's agent for service.
8.4.7. If a notice or Order is served by registered mail, the service shall be
deemed to have been made on the fifth day after the mailing unless
the person to whom the notice or order is given or that person's agent
for service establishes that, acting in good faith, through absence,
accident, illness or other unintentional cause the notice was not
received until a later date.
8.4.8. If a notice or Order is served by email, the service is deemed to have
been made on the day of sending unless,
a) the document was sent after 5 p.m., in which case service
shall be deemed to have been made on the following day; or
b) the person to whom the notice or order is given or that
person's agent for service establishes that, acting in good
faith,
through
absence,
accident,
illness
or
other
unintentional cause, the notice was not received until a later
date.
8.4.9. An Order may be registered in the proper land registry office, and
upon such registration, any person acquiring any interest in the land
subsequent to the registration of the Order shall be deemed to have
been served with the Order on the day on which the Order was
served under section 8.4.5. & 8.4.6. of this By-law and, when the
requirements of the Order have been satisfied, a certificate of
compliance shall be registered forthwith, which shall operate as a
discharge of the Order.
8.5
Notice of Appeal
8.5.1. An owner or occupant who has been served with an Order may
appeal the Order to the Property Standards Committee by sending a
Notice of Appeal by registered mail to the secretary of the Committee
within fourteen days of being served with the Order.
8.5.2. An Order that is not appealed within the time provided by subsection
8.5.1. of this By-law shall be deemed to be confirmed.
8.5.3. The Town or any owner or occupant or person affected by a decision
under subsection 9.9.1. of this By-law may appeal to the Superior
Court of Justice by notifying the Town Clerk in writing and by applying
to the court within fourteen days after a copy of the decision is sent,
and the provisions of sections 15.3(5) through (7) of the Building
Code Act, 1992 shall apply thereto.
8.6
Failure to Comply with an Order
8.6.1. If an Order is not complied with in accordance with the Order as
deemed confirmed or as confirmed or modified by the Property
Standards Committee, or a judge of the Superior Court of Justice,
the Town may cause the property to be repaired, cleaned, cleared
up or demolished, as the case may be.
8.6.2. For the purpose of subsection 8.6.1. of this By-law, employees or
agents of the Town may enter the property at any reasonable time,
without a warrant, in order to repair, clean, clear or demolish the
area of non-compliance.
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8.6.3. The Town or a person acting on its behalf is not liable to compensate
the owner, occupant or any other person by reason of anything done
by or on behalf of the Town in the reasonable exercise of its powers
under subsection 8.6.1. of this By-law.
8.6.4. The Town shall have a lien on the land for the amount spent on the
repair, cleaning, clearing or demolition under subsection 8.6.1. of
this By-law and the amount shall have priority lien status as
described in s.1 of the Municipal Act, 2001.
8.7
Certificate of Compliance
8.7.1.
An Officer who inspects a property and is of the opinion that the
property is in compliance with the standards established by this By-
law may issue a certificate of compliance to the owner.
8.7.2.
Where an owner requests a certificate of compliance and where,
having inspected the property, an Officer is of the opinion that the
property is in compliance with the standards established by this By-
law, the Officer shall issue a certificate to the owner.
8.7.3.
A certificate of compliance shall be made with the prescribed
template forming part of the appendices to this By-law, or a variation
thereof.
8.8.
Offences
8.8.1.
A person who fails to comply with an order, direction or other
requirement made under the Building Code Act, 1992 and this By-
law is guilty of an offence.
8.8.2.
A person who is convicted of an offence under this By-law is liable to
a fine of not more than $50,000 for a first offence and to a fine of not
more than $100,000 for a subsequent offence.
8.8.3.
Notwithstanding subsection 8.8.2., if a corporation is convicted of an
offence under this By-law, the maximum penalty that may be
imposed upon the corporation is $500,000 for the first offence and
$1,500,000 for a subsequent offence.
8.8.4.
If a provision of this By-law is contravened and a conviction is
entered, in addition to any other remedy and to any penalty imposed
by this By-law, the court in which the conviction is entered, and any
court of competent jurisdiction thereafter, may make an Order
prohibiting the continuation or repetition of the offence by the person
convicted.
8.9
Fees
8.1.1.
Every owner shall pay the fees imposed pursuant to the Town's User
Fees By-law which become due and payable upon written
notification by an Officer or upon issuance of an invoice by the Town.
8.1.2.
Where an owner is in default of payment of fees for more than thirty
(30) calendar days after due, the Town may add the cost to the tax
roll of the subject property and collect the amount in the same
manner as property taxes.
8.10 Cost Recovery
8.10.1. Where the Town does work or causes work to be done such work
shall be done at the expense of the owner.
8.10.2. If the Town undertakes the work to correct the contraventions, the
owner will be charged one-hundred percent of the cost of any third
party invoice plus any costs incurred by the Town.
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8.10.3. If the owner fails to pay the cost of the work completed under this By-
law within thirty (30) days of the work being completed, the amount
shall be added to the tax roll of the subject property and collected in
the same manner as municipal taxes.
PART 9 - PROPERTY STANDARDS COMMITTEE
9.1 Members of the Property Standards Committee
9.1.1.
Council shall pass a By-law to provide for the establishment of a
Property Standards Committee, composed of such persons that the
Council considers advisable to hold office for such term and on such
conditions as the By-law may establish.
9.1.2.
The Property Standards Committee shall not be composed of fewer
than three members.
9.1.3.
Appointed members of the Property Standards Committee shall not
be members of Council, or employees of the municipality.
9.1.4.
The Council shall forthwith fill any vacancy that occurs in the
membership of the Property Standards Committee.
9.2
Compensation
9.2.1.
The members of the Property Standards Committee shall be paid
such compensation as the Council may provide.
9.3
Chair
9.3.1. The members of the Property Standards Committee shall elect one of
themselves as chair; when the chair is absent through illness or
otherwise, the Property Standards Committee may appoint another
member as acting chair.
9.4
Quorum
9.4.1. A majority of members of the Property Standards Committee
constitutes a quorum for transacting the Property Standards
Committee's business.
9.5
Secretary
9.5.1. The members shall make provisions for a secretary for the Property
Standards Committee.
9.5.2. The secretary shall keep on file the records of all official business of the
Property Standards Committee, including records of all applications
and minutes of all decisions respecting those applications.
9.6
Rules of Procedure and Oaths
9.6.1. The Property Standards Committee may, subject to section 15.6(8) of
the Building Code Act, 1992, adopt its own rules of procedure and any
member may administer oaths.
9.7
Notice
9.7.1. The Property Standards Committee shall give notice or direct that
notice be given of the hearing of an appeal to such persons as the
Committee considers advisable.
9.8
Duty of the Property Standards Committee
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9.8.1. The Property Standards Committee shall hear appeals of Orders issued
under 15.2(2) of the Building Code Act, 1992.
9.8.2. The Property Standards Committee shall hear evidence and determine
if an Order issued under 15.2(2) of the Building Code Act, 1992, has or
has not been complied with, in accordance with 15.4(1) of the Building
Code Act, 1992.
9.9
Powers of the Property Standards Committee
9.9.1. On an appeal, the Property Standards Committee has all the powers
and functions of the Officer who made the Order and the Property
Standards Committee may do any of the following things if, in the
Property Standards Committee's opinion, doing so would maintain the
general intent and purpose of the By-law and of the Official Plan or
policy statement:
1. Confirm, modify or rescind the Orders issued under the Property
Standards By-law.
2. Extend the timer period for complying with the Order.
PART 10 - ENACTMENT
10.1
By-law Coming Into Force
10.1.1. This By-law shall come into force and effect upon the date of passing.
10.2 Repeal
10.2.1. Town of Kirkland Lake By-law 19-054 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY
OF JUNE, 2022.
Pat Kiely, Mayor
Jennifer Montreuil, Municipal Clerk
Town of Kirkland Lake Development Services - Building Division
T: 705 567 9365 ext. 326 E: [email protected] A: 1 Dunfield Road, Kirkland Lake, ON P2N 3P4
Informal Notice
________________________________
____________________
Corporation of the Town of Kirkland Lake
Development Services - Building Division
1 Dunfield Road, Kirkland Lake, ON P2N 3P4
T: 705 567 9365 ext. 326
E: [email protected]
Informal Notice of Non-Compliance with Property Standards By-law
[Owner's Name]
Date:
[Address Line 1]
[Address Line 2]
[Town/Postal Code]
RE:
[Property of Concern, Roll Number]
Dear Sir/Madam:
Please be advised that on [date of inspection], an inspection of your property, as noted above, revealed non-
compliance with the Town of Kirkland Lake's Property Standards By-law, 2022-000.
Attached to this letter is a Schedule A form, which details the areas of non-compliance. Please correct the
areas of non-compliance at your earliest convenience, and within the time frames indicated in the Schedule A.
Be advised that if the areas of non-compliance are not addressed, or addressed in a way that is deemed to be
insufficient, By-law 2022-000 gives the Town of Kirkland Lake the authority to issue an Order to Remedy
Violation pursuant to Section 15.2(2) of the Ontario Building Code Act, S.O. 1992, c.23. Non-compliance with
an Order to Remedy Violation is an offence under the Provincial Offences Act.
It is desired that compliance is obtained through this informal notice so that the abovementioned procedural
step will not be necessary.
A follow-up inspection of this property will take place on or about [insert date] to determine if compliance
with the Property Standards By-law has been achieved. If the areas of non-compliance are addressed before
that date, please notify the building department by emailing [email protected].
Should you require further information pertaining to this matter please do not hesitate to contact the
undersigned during normal business hours.
Property Standards Officer
Town of Kirkland Lake Development Services - Building Division
T: 705 567 9365 ext. 326 E: [email protected] A: 1 Dunfield Road, Kirkland Lake, ON P2N 3P4
Schedule A
Violations of Property Standards By-law
Address: [Insert property address]
Item 1
Property
Standards
Violation
[Insert clause of non-compliance from Property Standards By-law]
Required
Action
[Insert required action]
[Insert photo(s) of violation]
Item 2
Property
Standards
Violation
[Insert clause of non-compliance from Property Standards By-law]
Required
Action
[Insert required action]
[Insert photo(s) of violation]
Item 3
Property
Standards
Violation
[Insert clause of non-compliance from Property Standards By-law]
Required
Action
[Insert required action]
[Insert photo(s) of violation]
Town of Kirkland Lake Development Services - Building Division
T: 705 567 9365 ext. 326 E: [email protected] A: 1 Dunfield Road, Kirkland Lake, ON P2N 3P4
Formal Notice (Follow-up)
____________________
________________________________
Corporation of the Town of Kirkland Lake
Development Services - Building Division
1 Dunfield Road, Kirkland Lake, ON P2N 3P4
T: 705 567 9365 ext. 326
E: [email protected]
Formal Notice of Non-Compliance with Property Standards By-law
[Owner's Name]
[Address Line 1]
[Address Line 2]
[Town/Postal Code]
Date:
RE:
[Property of Concern, Roll Number]
Dear Sir/Madam:
Please be advised that on [insert date of informal notice], an informal notice was sent to your address alerting
you to your property's non-compliance with the Town of Kirkland Lake's Property Standards By-law, 2022-000.
The area(s) of non-compliance detailed in that notice have not been addressed, or have been addressed in
way that has been deemed insufficient. As such, the Town is now issuing an Order to Remedy Violation,
ordering you to correct the area(s) of non-compliance. Attached to this formal notice is the Order to Remedy
Violation, and the previously sent Schedule A form, outlining the areas of non-compliance.
A follow-up inspection of this property will take place on or about [insert date] to determine if compliance
with the Property Standards By-law has been achieved. If the areas of non-compliance are addressed before
that date, please notify the building department by email at [email protected].
Not complying with an Order to Remedy Violation is an offence, and can carry a financial penalty. If the area(s)
of non-compliance are not adequately addressed during the time period stated in the Order, the Town may
correct the deficiency and collect the cost to do so through the municipal tax system. A certificate of
compliance will be issued by the Town when the area(s) of non-compliance are adequately addressed.
Should you require further information pertaining to this matter please do not hesitate to contact the
undersigned during normal business hours.
Property Standards Officer
Town of Kirkland Lake Development Services - Building Division
T: 705 567 9365 ext. 326 E: [email protected] A: 1 Dunfield Road, Kirkland Lake, ON P2N 3P4
Formal Notice (Direct)
____________________
________________________________
Corporation of the Town of Kirkland Lake
Development Services - Building Division
1 Dunfield Road, Kirkland Lake, ON P2N 3P4
T: 705 567 9365 ext. 326
E: [email protected]
Formal Notice of Non-Compliance with Property Standards By-law
[Owner's Name]
[Address Line 1]
[Address Line 2]
[Town/Postal Code]
Date:
RE:
[Property of Concern, Roll Number]
Dear Sir/Madam:
Please be advised that on [insert date of inspection], an inspection of your property, as noted above, revealed
non-compliance with the Town of Kirkland Lake's Property Standards By-law, 2022-000.
Attached to this notice is a Schedule A form, which details the areas of non-compliance. Also attached is an
Order to Remedy Violation, issued under Section 15.2(2) of the Ontario Building Code Act, S.O. 1992, c.23.
Please note that non-compliance with an Order to Remedy Violation is an offence under the Provincial
Offences Act.
Please correct the area(s) of non-compliance at your earliest convenience, and within the time frame(s)
indicated in the Order.
A follow-up inspection of this property will take place on or about [insert date] to determine if compliance
with the Property Standards By-law has been achieved. If the areas of non-compliance are addressed before
that date, please notify the building department by email at [email protected].
If the area(s) of non-compliance are not adequately addressed during the time period stated in the Order, the
Town may correct the deficiency and collect the cost to do so through the municipal tax system. A certificate
of compliance will be issued by the Town when the area(s) of non-compliance are adequately addressed.
Should you require further information pertaining to this matter please do not hesitate to contact the
undersigned during normal business hours.
Property Standards Officer
Town of Kirkland Lake Development Services - Building Division
T: 705 567 9365 ext. 326 E: [email protected] A: 1 Dunfield Road, Kirkland Lake, ON P2N 3P4
Order to Remedy Violation
____________________
________________________________
__________________________________
________________________
__________________________________________________________________________
____________________________________
_________________
Corporation of the Town of Kirkland Lake
Development Services - Building Division
1 Dunfield Road, Kirkland Lake, ON P2N 3P4
T: 705 567 9365 ext. 326
E: [email protected]
Order to Remedy Violation of Property Standards By-law
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
[Owner's Name]
[Address Line 1]
[Address Line 2]
[Town/Postal Code]
Date:
Inspection:
Date of Inspection:
Inspected by:
Address Inspected:
Name of Owner:
Property Occupied by:
Non-conformity:
See attached Schedule A.
Required Action:
See attached Schedule A.
Terms:
Take notice that if such required actions are not completed within the time specified, the municipality may
carry out the required actions at the expense of the property owner. BCA Clause 15.2(2)(c)
Appeal to property standards committee - an owner or occupant upon whom this order has been served, if
not satisfied with the terms or conditions of the order, may appeal to the property standards committee by
sending notice of appeal by registered mail to the secretary of the committee within fourteen (14) days of the
serving of this order. BCA Clause 15.3(1).
Offence - A person is guilty of an office if the person fails to comply with order made under the Building Code
Act. A person who is convicted of an offence is liable to a fine of not more than $50,000 for a first time
offence. BCA Subsection 36(3).
Served by:
Property Standards Officer
Town of Kirkland Lake Development Services - Building Division
T: 705 567 9365 ext. 326 E: [email protected] A: 1 Dunfield Road, Kirkland Lake, ON P2N 3P4
Notice of Appeal
Notice of Appeal of Order to Remedy Violation
Pursuant to Section 15.3(1) of the Building Code Act, 1992, S.O. 1992, c.23
____________________
________________________________
Secretary, Property Standards Committee
Town of Kirkland Lake
P.O. Box 1757
3 Kirkland Street West
Kirkland Lake, ON P2N 3P4
Date:
RE:
Property Standards Order No.:
______________________________________________________
______________________________________________________
___________________
________________________________
________________________________
_______________________________
Address of Property Under Order:
TAKE NOTICE of the appeal of the undersigned to the Property Standards Committee because of
dissatisfaction with the above references Order to Remedy Violation served upon the undersigned.
Date of Order:
Name of Property Owner:
Telephone Number:
Email:
Reason for Appeal Request: ___________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Pursuant to Section 15.3(1) of the Building Code Act, 1992, S.O. 1992, c.23:
An owner or occupant who has been served with an order made under subsection 15.2(2) of the Building Code
Act, and who is not satisfied with the terms or conditions of the order may appeal to the committee by
sending notice of appeal by registered mail to the secretary of the committee within fourteen (14) days after
being served with the order.
Signature of Property Owner
Town of Kirkland Lake Development Services - Building Division
T: 705 567 9365 ext. 326 E: [email protected] A: 1 Dunfield Road, Kirkland Lake, ON P2N 3P4
Certificate of Compliance
Certificate of Compliance with Property Standards By-law 22-050
Pursuant to Section 15.5(1) of the Building Code Act, 1992, S.O. 1992, c.23
____________________
[Owner's Name]
[Address Line 1]
[Address Line 2]
[Town/Postal Code]
Date:
RE:
Property Standards Order No.:
______________________________________________________
______________________________________________________
________________________________
Address of Property Under Order:
On [insert date of inspection] an inspection was conducted at the above stated property. At the time of the
inspection, the property was in compliance with the standards established in the Town of Kirkland Lake's
Property Standards By-law 22-000.
Pursuant to Section 15.5(1) of the Building Code Act, 1992, S.O. 1992, c.23:
An officer who, after inspecting a property, is of the opinion that the property is in compliance with the
standards established in a by-law passed under section 15.1 may issue a certificate of compliance to the
owner.
Property Standards Officer