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CORPORATION OF THE TOWN OF LAURENTIAN HILLS
BY-LAW NO. 23-10
BEING a By-law to Prescribe Standards for Maintenance and Occupancy of Property within
the corporate limits of the Town of Laurentian Hills
WHEREAS the Building Code Act c. 23 S.O. 1992, sec. 15.1(3)1., as amended, empowers
Councils of local municipalities to pass by-laws prescribing standards for maintenance and
occupancy of property within the municipality or within any defined area or areas, and for
prohibiting the occupancy or use of such property that does not conform with the standards;
AND WHEREAS the Building Code Act c. 23 S.O. 1992, sec. 15.1(3)2., as amended,
empowers Councils of local municipalities to pass by-laws requiring property that does not
conform with the standards to be repaired and maintained to conform with the standards, or
for the site to be cleared of all buildings, structures, debris or refuse and left in graded and
levelled condition;
AND WHEREAS the Municipal Act c. 25 S.O. 2001, as amended, secs.; 122, 123, 127, 128,
130, and 131, empowers Councils of local municipalities to pass by-laws requiring and
regulating the filling up, draining, cleaning, barricading, clearing of any grounds, yards and
vacant lots and the altering, relaying or repairing of private drains, prohibit and regulate public
nuisances, and the wrecking, salvaging of motor vehicles and any matters relating to the
health, safety and well being of the inhabitants of the Town of Laurentian Hills:
AND WHEREAS the Municipal Act c. 25 S.0. 2001, as amended, empowers a Municipality
may direct that a matter or thing be done and in default of it being done by the person directed
or required to do it, such matter of thing may be done at the person’s expense and the costs
may be recovered by action or adding the costs to the tax rolls and collecting them in the same
manner as taxes.
AND WHEREAS there is an Official Plan in effect in the Town of Laurentian Hills, which
includes provisions relating to maintenance and occupancy standards.
NOW THEREFOR the Council of the Corporation of the Town of Laurentian Hills enacts as
follows that:
PART I
GENERAL
1.01 Short Title
This by-law may be cited as the “Town of Laurentian Hills Property Standards By-
Law”.
In this By-Law:
1.02 ‘Accessory Building’ means a detached building, outbuilding or structure, the
use of which is incidental to the primary use of the property.
1.03 ‘Apartment Building’ means a building containing more than four dwelling units with
individual access from an internal corridor system.
1.04 ‘Adequate’ means equal or amounting to what is sufficient, fitting, suitable,
equal to what is required.
1.05 ‘Approved’ means in compliance with this bylaw and all applicable Act and
legislation.
1.06 ‘Balustrades’ means a row of balusters or spindles surmounted by a railing.
1.07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
Page 2 of 25
‘Basement’ means that space of a building that is partly below grade, which
has half of more of its height, measured from floor to ceiling, above the
average exterior finished grade.
‘Bathrooms’ means a room containing a bathtub or shower with or without a
toilet and wash basins.
‘Cellar’ means that space of a building that is partly or entirely below grade,
which has more than half of its height, measured from floor to ceiling, below
the average exterior finished grade.
‘Chief of the Fire Department’ means the Chief of the Fire Department of the
Corporation of the Town of Laurentian Hills
‘Committee’ means a Property Standards Committee of the Corporation of the
Town of Laurentian Hills
‘Discarded Motor Vehicle’ means a vehicle which is unlicenced and/or a vehicle
which is in disrepair, having missing parts, including tires, or damaged or missing
glass, or deteriorated or removed metal adjunctions which make its normal use
impossible, save and except for any vehicles being actively restored.
‘Dwelling’ means a building or structure or part of a building or structure
occupied or capable of being occupied in whole or in part for the purposes of
human habitation, and includes mobile homes.
‘Dwelling Unit’ means a room or a suite of rooms operated, used or intended to
be used as a domicile by one or more persons and supporting general living
conditions usually including cooking, eating, sleeping and sanitary facilities.
‘First Storey’ means that part of a building having a floor area closest to grade with a
ceiling height of more than 1.8 metres (6 ft.) above grade.
‘Fire Resistant Rating’ means time in hours or parts thereof that a material
construction or assembly will withstand fire exposure as determined in a fire
test made in conformity with generally accepted standards, as stated in the
Building Code.
‘Guard’ means a protective barrier installed around openings in floor areas or on the
open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway and other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through them.
‘Habitable Room’ means any room in a dwelling unit used for or capable of
being used for living, cooking, sleeping or eating purposes.
‘Highway’ means any open road or street as defined by the Highway Traffic
Act c. H. 8 R.S.O. 1990 as amended.
‘Hunt Camp’ means a structure in a rural or remote area used from time to time by
hunters, fishermen for recreational purposes associated with outdoor rustic living
‘Inoperative Condition’ means not working or taking effect in action.
‘Maintenance’ means the act of keeping up, preserving or conserving or paying
to keep up, preserve or conserve property.
‘Means of Egress’ means a continuous, unobstructed path of travel provided bya
doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other
exit facility used for the escape of persons from any point within a building, a floor
area, a room, or a contained open space to a public thoroughfare or an approved area
of refuge usually located outside the building.
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
Page 3 of 25
‘Medical Officer of Health’ means the Medical Officer of Health for the
County of Renfrew or his appointee.
“Multiple Dwelling’ means a building containing three or more dwelling units.
“Multiple Occupancy Building’ means a building containing both a dwelling
unit and a non-residential property.
‘Non-Habitable Room’ means any room in a dwelling or dwelling unit other
than a habitable room and includes a bathroom, a toilet room, laundry, pantry,
lobby, corridor, stairway, closet, boiler room or other space for service and
maintenance of the dwelling for public use, and for access to and vertical
travels between storeys, and basement or part thereof which does not comply
with the standards of fitness for occupancy set out in this By-Law.
‘Non-Residential Property’ means a building or structure or part of a building
or structure not occupied in whole or in part for the purpose of human
habitation, and includes the lands and premises appurtenant and all of the
outbuildings, fences or erections thereon or therein.
‘Occupant’ means any person or persons in possession of the property.
‘Officer’ means a Property Standards Officer who has been assigned the
responsibility of administering and enforcing this By-Law.
‘Owner’ includes the person for the time being managing or receiving the rent
of or paying the Municipal taxes on the land or premises, in connection with
which the word is used, whether on his own account or as agent or trustee of
any other person or who would so receive the rent if such land and premises
were let, and will also include a lessee or occupant of the property who under
the term of a lease is required to repair and maintain the property in accordance
with the Ontario Building Code Act 1992 as amended for the Standards for the
Maintenance and Occupancy of property.
‘Person’ means an individual, firm, corporation, association or partnership.
‘Property’ means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections thereon
whether heretofore or hereafter erected and includes vacant property.
‘Reasonable’ means of such an amount, size, number as is judged to be
appropriate or suitable to circumstances or purpose; fit and appropriate to ends
in view.
‘Repair’ includes the provision of such facilities and the making of additions or
alterations or the taking of such action as in restoring, renovating, mending as a
result of decay, injury, dilapidation or partial destruction (as from fire) as may
be required so that the property will conform to the standards established in
this By-Law.
‘Residential Property’ means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare
and serve meals, 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.
‘Sewerage System’ means the Town Sanitary Sewerage System or a private
sewage disposal system or as operated pursuant to the Building Code.
“Stairwell’ means for the purpose of Guardrails and Balustrades any stairs of three or
more and for decks any height over 600 mm above grade (24")
Page 4 of 25
1.39 ‘Standards’ means the standards of physical condition and of occupancy
prescribed for property by this By-Law.
1.40 ‘Toilet Room’ means a room containing a toilet and a wash basin.
1.41 ‘Town’ means the Corporation of the Town of Laurentian Hills
1.42 ‘Urban area’ means the village of Chalk River, the hamlet of Rolphton and all the
subdivisions including Mountain View, McKee, Point Alexander and Meilleurs Bay.
1.43 “Vacant Land’ means land with no development / buildings of any kind or with
buildings that have been abandoned for more than sixty (60) days.
1.44 ‘Waste Material’ means any garbage refuse, debris, litter, domestic waste and, for
greater certainty but not so as to restrict the generality of the foregoing includes,
whether of any value or not, the following:
(a) weighty or bulky material such as stoves, refrigerators and other such
appliances, furniture, furnace parts, pipes, water or fuel tanks;
(b) discarded motor vehicles, automotive parts, vehicle parts and accessories,
mechanical equipment, mechanical parts, unmounted tires, tires mounted on
(c) broken concrete, broken asphalt, patio/sidewalk slabs, bricks, interlocking
bricks, unused building materials, pallets, railway ties;
1.45 ‘Yard’ means the land other than publicly owned land around or appurtenant to
the whole or any part of a residential or nonresidential property and used or
capable of being used in connection with the property.
1.46 ‘Zoning Bylaw’ means the Zoning Bylaw or Bylaws in force and effect in the Town of
Laurentian Hills
PART I
PROPERTY STANDARDS
2.01 The standards in Part II and Part II do not apply to Hunt Camps except those items
that apply to safety matters
Yards
2.02 The lands will be kept clean and free from rubbish or debris and from objects
or conditions that might create a health, fire or accident hazard.
2.03 _ In those areas designated as Residential Zones in the Zoning Bylaw and on
which a dwelling stands, the lands will be kept clear of long grass, brush and
undergrowth by cutting regularly and removing the cuttings from the lands, in
order to help prevent fire.
2.04 No vehicle or trailer or boat or barge or mechanical equipment which is in
wrecked, discarded, dismantled, or inoperative condition will be parked,
stored, moored or left on the lands in an urban area or waterfront property.
2.05 Where vehicles, trailers, boats, barges or mechanical equipment are required
for business purposes, they will be screened from the street and public bya
board fence or suitable planting.
2.06 In an urban area yards will be kept free of any vehicle or vehicles, including a
trailer, which is or are in a wrecked, discarded, dismantled, inoperative or
abandoned condition.
2.07
2.08
2.09
2.10
2.11
2.12
2.13
Page 5 of 25
All furniture used for exterior use that becomes dilapidated will be disposed of
In those areas designated as Residential Zones in the Zoning Bylaw in an urban
area, the lawns, hedges and bushes will be kept from becoming overgrown and
unsightly.
Dead, decayed or damaged trees and branches thereof will be removed if they
are Creating a hazardous condition.
Lands will be kept clean and free from wrecked, discarded, dismantled, or
inoperative recreation equipment.
The ground will be suitably covered so as to prevent erosion of the soil. A
Suitably maintained covering such as grass, gravel, asphalt, ground cover or
plants will be used. However, in all residential areas, the required front yard
and side yard abutting a street will be landscaped with a suitable material in an
urban area.
Every tenant, or occupant or lessee of a residential property shall maintain the
residential property or part thereof and land which he occupies or controls, in a
clean, sanitary and safe condition and shall dispose of garbage and debris on a
regular basis.
Not withstanding 2.12 the landlord or owner may be held responsible
Sewage and Drainage
2.14
2.15
Storm water shall be drained from the lands but shall not be channelled to
cause recurrent collection of water on adjacent property or so as to result in the
entry of water into a basement or cellar.
Said water shall not be discharged onto any Highway or sidewalk.
Garbage Disposal
2.16
2.17
2.18
2.19
Every dwelling and every dwelling unit within the dwelling shall have such
receptacles as may be necessary to contain all garbage, rubbish and ashes.
The owners of all multiple family dwellings that do not have interior garbage
rooms shall provide a receptacle large enough to contain all garbage, rubbish
and ashes. The garbage receptacle shall:
(a) be constructed of a watertight material;
(b) be constructed to prevent entry of rodents;
(c) be provided with a tight fitting cover, which shall be kept closed
at all times except when garbage is being placed therein or
removed;
(d) be maintained in a clean and Sanitary condition.
The receptacles shall be located in the rear or side yard of the building.
Garbage and rubbish shall be promptly stored in receptacles and removed as
necessary. Receptacles shall be acceptable plastic, metal or other containers
made of watertight construction, provided with a tight fitting cover and
maintained in a clean state.
Ashes shall be kept in a metal container with a tight fitting fire proof cover.
Accumulation or storage of garbage or refuse in public halls or stairways shall
be and is prohibited, at all times.
Page 6 of 25
Parking Areas, Walks, Driveways
2.20
2.21
All areas used for vehicular traffic and parking shall be covered with
bituminous concrete, brick, crushed stone or gravel surfacing and shall be free
from dirt or other litter and kept in good repair.
Steps, walks, driveways, parking spaces and similar areas shall be maintained
so as to afford safe passage under normal use and weather conditions.
Accessory Buildings, Fences and Retaining Walls
2.22 Fences, barriers and retaining walls shall be kept in good repair in an urban
area.
2.23 Accessory buildings shall be kept in good repair in an urban area.
2.24 Where an accessory building, fence, retaining wall, or the land may harbor
insects or rodents all necessary steps shall be taken to eliminate the insects or
rodents and to prevent their reappearance.
2.25 In those areas designated as Residential Zones in the Zoning By-Law in an
urban area, fences shall be protected by paint, preservatives or other weather
resistant material, unless the aesthetic characteristics of the fence are enhanced
by the lack of such material.
Signs
2.26 All signs and billboards shall be maintained in good repair in an erect position
and any signs which are excessively weathered or faded or those upon which
the paint has excessively peeled or cracked shall with their supporting
members be removed or put into a good state of repair.
2.27 No material of any kind shall be attached to any municipal or other utility pole.
2.28 The Town may make regulations, to govern the operation and application of
this section.
PART I
RESIDENTIAL STANDARDS
General Conditions
3.01 Every tenant, occupant or lessee of a residential property shall maintain every floor,
wall, ceiling and fixture, under their control, including hallways, entrances, laundry
rooms, utility rooms and other common areas in a clean, Sanitary and safe condition.
3.02 Accumulations or storage of garbage, refuse, appliances or furniture in a means of
egress shall not be permitted.
Pest Prevention
3.03 Dwellings shall be kept free of rodents, vermin and insects at all times and
methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticides Act, c. P11 R.S.O. 1990 as amended, from time to
time, and all regulations passed pursuantly thereto.
3.04 Basement or cellar windows used or required for ventilation, and any other
opening in a basement or cellar, including a floor drain, that might permit entry
of rodents, insects and vermin, shall be screened with wire mesh or such other
durable material as will effectively exclude rodents, insects and vermin.
Page 7 of 25
Structural Soundness
3.05
3.06
3.07
If in the opinion of the Officer, the structural capacity of any part of any building or
structure is in doubt, the Officer may require the owner at his own cost to be
responsible for submitting an inspection report, prepared, sealed and signed bya
professional engineer who is qualified in the pertinent field and licensed or accredited
by the Association of Professional Engineers of Ontario.
Every part of a dwelling shall be maintained in a structurally sound condition
So as to be capable of sustaining safely its own weight and any additional load
to which it may be subjected through normal use, having a factor of safety
required by the Ontario Building Code.
Walls, roofs and other exterior parts of the dwelling shall be free from loose or
improperly secured objects or material.
Foundations
3.08
3.09
Foundation walls of a dwelling shall be maintained so as to prevent the
entrance of insects, rodents and excessive moisture. Maintenance includes
shoring of the walls, installing sub-soil drains at the footings, grouting masonry
cracks, waterproofing walls, damp proofing joints and using other suitable
means as required.
Every dwelling, unless of a slab on grade type, shall be supported by
foundation walls or piers which extend below the frost line, or to solid rock,
and all footings, foundation walls, piers, slabs on grade shall be of masonry or
other suitable material as approved by the Building Code.
Exterior Walls
3.10
Exterior walls of a dwelling and their components including soffits and fascia-
boards shall be maintained in good repair free from cracked, broken or loose
masonry units, stucco and other defective cladding or trim. Paint or other
coatings where applied, must be maintained so as to prevent deterioration due
to weather conditions, insects or other damage.
Fire Damage
3.11
3.12
3.13
In the event of fire, measures shall be taken as soon as possible to make the
damaged residence unit or residence building compatible with its
neighbourhood and intended use. Without restricting the generality of the
foregoing, such measures shall include:
(a) making the residential building or residence unit or accessory
building or structure safe;
(b) cleaning any smoke or water damaged surfaces exposed to
view;
(c) refinishing such exposed surfaces so as to be in harmony with
adjoining undamaged surfaces ;
(d) _ repairing of fire damaged surfaces exposed to view.
In the event of the exterior surface becoming damaged or marked by water or
smoke or by other natural causes, appropriate action shall be taken to restore or
renew the affected surface.
A building that is damaged beyond repair, shall be levelled and graded to meet
the Fire Code, the Building Code or the standards prescribed by this By-Law
no more than thirty days after release by the proper authorities.
agi
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3.14
3.15
Page 8 of 25
Where a foundation is satisfactory for re-use, preventative safety measures shall be
taken to secure the site forthwith.
All the foregoing shall be subject to and in no way intended to obstruct or hinder an
order from an Assistant to the Fire Marshall of Ontario or an order made under the
Building Code of Ontario.
Windows and Doors
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
Roofs
3.24
3.25
Windows, skylights, doors and basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonably draft-free to prevent
heat loss and infiltration by the elements. Maintenance includes painting,
replacing damaged doors, door frames, sashes and casing, replacing non-
serviceable hardware and new glazing.
In a dwelling unit all windows intended to be opened and all exterior doors
shall have hardware so as to be capable of being locked or otherwise secured
from inside the dwelling unit, at least one entrance door in every dwelling unit
shall have hardware so as to be capable of being locked from both inside and
outside the dwelling unit.
Where storm windows and doors are installed in a dwelling they shall be
maintained in good repair.
All shutters on windows shall be maintained in good repair, including painting,
replacing or other suitable means to prevent deterioration due to weather and
insects.
All windows intended to be opened shall be readily operable under normally
applied pressure without jamming or binding so as to perform their intended
function.
Where an opening is used for illumination or ventilation and is not
permanently protected by a window or door so as to exclude rodents, vermin
and insects it shall be adequately screened with wire mesh or other durable
material.
In residential buildings where there is a voice communication system 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.
Every window in a leased dwelling unit that is located above the first storey of a
multiple dwelling shall be equipped with an approved safety device that would prevent
any part of the window from opening greater than would permit the passage of a 100
mim diameter (3.9 inches) sphere, (this is meant to prevent a child from falling from
the window). However, such safety device shall not prevent the window from being
fully opened during an emergency situation by an adult without the use of tools.
Roofs of dwellings and their components shall be maintained in a weather tight
condition, free from loose or unsecured objects or materials. All roof-related
structures, including among other things: chimneys, stacks, masts, lighting
arresters, antennae, shall be maintained in good repair and in a safe and
structurally sound condition.
The roofs of dwellings and accessory buildings shall be kept clear of hazardous
accumulations of ice or snow or both.
Page 9 of 25
3.26 Where eave-troughs or roof gutters and down spouts are provided, they shall be
kept in good repair, free from obstructions and properly secured to the
building.
Kitchens
3.27 Every dwelling shall contain a kitchen of at least 4.2 square metres (45 ft2) in area and
equipped with:
(a) a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
(b) suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
(c) a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft) in
length, exclusive of the sink and covered with a material that is impervious to
moisture and grease and is easily cleanable;
(d) a space provided for cooking and refrigeration appliances including the suitable
electrical or gas connections, except in Hunt Camps.
Basements and Cellars
3.28 Every basement and unheated crawl space shall be adequately vented to outside
air; in a basement this shall mean windows which can be opened or screened
openings, the area of which shall comply with the Building Code, and for an
unheated crawl space this shall mean a number of louvers with an insect screen of
corrosion-resistant material.
3.29 Any basement used as a dwelling unit shall have the following requirements:
(a) adequate window area for light and ventilation windows shall
be at least 50% above ground. Window wells are permitted if
kept free of ice, snow, debris and litter.
(b) _—_ floors and walls shall be kept damp proof and impervious to
water leakage.
Walls, Ceilings and Floors
3.30 Every floor, wall and ceiling in a dwelling shall be maintained in a clean,
Sanitary condition.
3.31 Every wall and ceiling in a dwelling shall be maintained so as to be a
continuous surface, free of holes, cracks, loose coverings or other defects.
3.32 Every floor in a dwelling shall be acceptably level, (except that basement or
cellar floor should be sloped to a floor drain where such exists) and be
maintained so as to be free of all loose, warped, protruding, broken or rotted
boards that might cause an accident, or might admit rodents or vermin into a
room because of holes or wide cracks. “Acceptably level” shall be defined as
not more than 7.5 mm slope in 3 meters and not more than 25 mm in any 0.6
meters . The maintenance includes the repairing or replacing of floor boards
and, where the floor boards have been covered with linoleum or some other
covering that has become worn or torn so that it retains dirt or may cause an
accident, the repairing or replacing of the covering is required.
3.33 Where necessary, interior walls shall have baseboards that shall be maintained
in good repair and tight fitting so as to prevent the accumulation of dust and
garbage.
3.34 Every floor in a bathroom, toilet room, kitchen, shower room and laundry room
shall be maintained so as to be impervious to water and readily cleaned
Egress
3.35
3.36
3.37
3.38
Page 10 of 25
Every dwelling and each dwelling unit within it shall have a safe, continuous
and unobstructed passage from the interior of the dwelling unit and the
dwelling to the outside of the dwelling at street or grade level.
Each dwelling containing more than one dwelling unit shall have at least two
exits, both of which may be common or one of which may be common and the
other of which may be an exterior stair or fire escape. Access to the stair or
fire escape shall be from corridors through doors at floor level, except that
access from a dwelling unit may be through a window having an unobstructed
opening of not less than 1070 mm, by 550 mm wide with a sill height of not
more than 1 metre above the inside floor. A single exit is permitted from every
dwelling unit where such exit is an exterior door located at or near ground level
and access to such exit is not through a room not under the immediate control
of the occupants of the dwelling unit served.
In a building containing more than one residential occupancy, there shall be at
least a one hour fire separation from any adjoining furnace or boiler room, and
any other area of the building.
Dwelling units which contain 2 or more floor levels including basements or
cellars shall be separated from adjacent dwelling units and from other parts of
the building by a fire separation having a fire-resistant rating of not less than
one (1) hour.
The separation shall be continuous:
(a) in the basement from the top of the footings to the underside of
the finished floor surface; and
(b) in the attic from the top of the finished ceiling surface to the
underside of the finished roof surface;
and such walls shall consist of material of one-hour fire resistance rating, or as
required by the Ontario Building Code, and all cracks or openings shall be
tightly sealed with caulking or mineral wool or similar non-combustible
material.
Fire Escapes and Alarms
3.39
3.40
3.41
Reference shall be made to the Ontario Fire Code and the Ontario Building
Code as from time to time amended.
A listed fire alarm and detection system, approved by the Canadian Standards
Association or Underwriters’ Laboratories of Canada, shall be provided by the owners
of buildings of residential occupancies where sleeping accommodations are provided
for more than ten (10) persons, except that such system need not be provided where a
public corridor or exit serves not more than four (4) dwelling units or individual leased
sleeping rooms.
In addition to the provisions of Article 3.40 hereof, in every dwelling unit in a
building, a listed smoke alarm, approved by the Canadian Standards Association or
Underwriters’ Laboratories of Canada or detectors of the single station alarm type,
audible within bedrooms when intervening doors are closed, shall be maintained by
the occupant between bedrooms or the sleeping area and the remainder of the dwelling
unit, such as in a hallway or corridor serving such bedrooms or sleeping area. The
products of combustion detector referred shall be:
(a) equipped with visual or audio indication that they are in operating condition;
(b) mounted on the ceiling or on a wall between 150 mm and 300 mm below the
ceiling.
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Page 11 of 25
3.42 Buildings using a fire escape as a secondary means of egress shall have the escape in
good condition, free from obstructions and easily reached through a window opening
or door.
Stairs, Porches and Balconies
3.43 _ Inside and outside stairs, porches, balconies and landings shall be maintained
So as to be free of holes, cracks and other defects which may constitute
accident hazards. Existing stairs, treads or risers that show excessive wear or
are broken, warped or loose and supporting structure members that are rotted
or deteriorated shall be replaced.
Guardrails and Balustrades (Interior and Exterior)
3.44 A guard shall be installed and maintained in good repair on the open side of any ramp
or stairway containing three (3) or more risers including the landing or a height of 600
mim (24") between adjacent levels. A handrail shall be installed and maintained in
good repair in all stairwells. Guardrails shall be installed and maintained in good
repair around all landings, porches and balconies. Guardrails, balustrades and
handrails shall be constructed and maintained rigid in nature.
Heating, Heating Systems, Chimneys and Vents
3.45 (a) Every dwelling unit, save and except Hunt Camps, shall be
provided with an approved heating system capable of
maintaining a temperature of 20° C from 6:00 a.m. to 11:00
p.m. and 18° C from 11:00 p.m. to 6:00 a.m. throughout the
year in all habitable rooms including bathrooms and boiler
rooms. For the purpose of this section, room temperature shall
be determined at any point in the room.
(b) Every building or part of a building which is rented or leased as
dwelling or living accommodation and which, as between the
tenant or lessee and the landlord, is normally heated by or at the
expense of the landlord shall between the 15th day of
September in each year and the 1st day of June of the following
year, be provided with adequate and suitable heat by or at the
expense of the landlord; and for the purposes of this By-Law,
“adequate and suitable heat” means that the minimum
temperature of the air in the accommodation which is available
to the tenant or lessee is 68° F (20° C) from 6:00 a.m. to 11:00
p.m. and 64° F (18° C) from 11:00 p.m. to 6:00 a.m.).
3.46 The heating system shall be maintained in good working condition so as to be
capable of heating the dwelling safely to the standard required in Section 3.45.
The maintenance includes:
(a) keeping rigid connections between all heating equipment
burning any fuel and a chimney or flue;
(b) keeping rigid connections between all heating and cooking
equipment burning gaseous fuels and the supply line;
(c) supplying to the space containing heating equipment, by natural
or mechanical means, the required combustion air.
Fuel Burning Equipment
3.47 Equipment shall be properly ventilated and ducted.
3.48
3.49
3.50
Page 12 of 25
Where a heating system or part of it burns or is designed or intended to burn
solid or liquid fuel, a place or receptacle for the storage of such fuel shall be
provided and maintained in good condition at the dwelling and properly
constructed so as to be free from accident hazard.
All fuel burning appliances, equipment, accessories and installations in a
dwelling to which the Energy Board Act, or the Energy Consumer Protection
Act, may apply shall be installed and maintained in compliance with the
provision of such Act, and the regulations made thereunder and all such
appliances, equipment, accessories and installations to which such Act does not
apply shall be installed in good workmanlike manner and maintained in good
repair and working order.
Space heating units and hot water heating facilities shall:
(a) _ not use gasoline or other similar highly flammable liquid fuel,
except those approved by the Canadian Standards Association
or Warnock Hershey Limited;
(b) be properly connected to an approved fuel source or vent unless
it is an electrical appliance;
(c) if employing electricity be properly connected to a circuit of
adequate capacity in an approved manner;
(d) be provided with all required automatic or safety devices for
pressurized hot water.
Chimney and Fireplaces
3.51
3.52
3.53
3.54
Every chimney, smoke pipe and flue shall be maintained to prevent gases from
leaking into the dwelling. Maintenance includes cleaning the flue of
obstructions, sealing open joints, repairing masonry and using other suitable
means.
Every fireplace, chimney, smoke pipe, flue and incinerator shall be kept in
good condition so as to prevent the heating of adjacent combustible material or
structural members to unsafe temperatures.
Every usable fireplace shall be properly vented.
(a) _ All installations for heating devices must be approved by the Building
Inspector or Fire Inspector.
(b) Every dwelling shall be so constructed or otherwise separated to prevent the
passage of smoke, fumes and gases from that part of the dwelling which is not
used, designed or intended to be used for human habitation into other parts of
the dwelling used for habitation. Such separations shall conform to the Ontario
Building Code.
Plumbing
3.55
3.56
3.57
All plumbing, including every drain, water pipe, toilet and other plumbing
fixtures in a dwelling and every connecting line to the sewerage system shall be
maintained in good working order and free from leaks or defects, and all water
pipes and appurtenances thereto shall be protected from freezing.
All plumbing fixtures shall be connected to the sewerage system through water
seal traps.
Every dwelling shall be provided with an adequate supply of potable water
from a source approved by the Medical Officer of Health.
3.58
3.59
Page 13 of 25
All dwellings shall have the sanitary facilities connected to a sewerage system
approved by the Medical Officer of Health and/or the Ontario Building Code.
Every fixture shall be of such materials, construction and design as will ensure
that the exposed surface of all parts are hard, smooth, impervious to cold or hot
water, readily accessible for cleansing, and free from blemishes or cracks or
other interstices that may harbor germs or impede thorough cleansing.
Toilet and Bathroom Facilities
3.60
3.61
3.62
3.63
3.64
3.65
3.66
3.67
3.68
Light
3.69
3.70
Every wash basin and bathtub or shower stall shall have a supply of hot and
cold water and every toilet shall have an appropriate supply of water.
Every dwelling unit, in an urban area, shall contain toilet and bathroom
plumbing fixtures consisting of at least one toilet, one wash basin and one
bathtub or shower.
Hot water shall be provided such that it may be drawn from the tap at a
temperature not exceeding forty-three degrees Celsius (43° C).
All bathroom and toilet rooms shall be located within and accessible from
within the dwelling unit (except as otherwise provided in Section 3.68).
All bathrooms and toilet rooms shall be fully enclosed so as to provide privacy
for the occupant.
The wash basin shall be located in the same room as the toilet, or in an
immediately adjoining room for indoor plumbing.
Every dwelling shall have at least one sink in addition to a kitchen sink.
Every dwelling unit shall be provided with hot and cold running water, Hunt
Camps exempted.
The occupants of two dwelling units each containing no more than two
habitable rooms may share a toilet and bathroom facilities provided that access
to the said toilet and bathroom facilities can be gained without going through
rooms of either or another dwelling unit or outside of the building.
Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights, translucent panels or glass area of an outside
door that faces directly to outside space and admits as much natural light as
would be transmitted through clear glass equal in area to ten per cent (10%) of
the floor area of the room.
The owner is responsible for ensuring that all public halls and stairs in multiple
dwellings are lighted to provide an adequate degree of illumination. In this
section lighted to provide an adequate degree of illumination mean illumination
of at least 100 lux (10 foot candle) power at all times of the day and night. Full
time lighting systems are required except during those hours when daylight
suffices adequately to light the public halls.
Ventilation
3.71
Every habitable room except living rooms and dining rooms shall have an
opening or openings for ventilation providing an unobstructed free-flow area of
at least 0.28 square metres, or an approved system of mechanical ventilation
such that the air is changed once every hour.
3.72
3.73
3.74
Page 14 of 25
Every bathroom or toilet room shall have an opening or openings for ventilation
providing an unobstructed free-flow area of at least 0.3 Square meters, or an
equivalent such as an electric fan and a duct.
All systems of mechanical ventilation shall be maintained in good working
order.
All enclosed spaces including basements, cellars, attics or roof space, and crawl
spaces shall be adequately vented.
Electrical Service
3.75
3.76
3.77
3.78
3.79
3.80
Every dwelling and dwelling unit that is supplied with electrical power shall be
wired for and provided with electricity, and lighting equipment shall be
installed throughout to provide sufficient illumination to avoid health or
accident hazards in normal use, provided that the lighting shall not be
positioned so as to cause any impairment of the use or enjoyment of
neighbouring properties.
The electrical wiring and all equipment appliances located or used in a dwelling
shall be installed and maintained in good working order so as not to cause fire
or electrical shock hazards.
Every habitable room in a dwelling shall have at least two electrical duplex
outlets for each 11 square meters of floor space of floor space, for each
additional 9 square meters of floor space an additional duplex outlet shall be
provided. Every kitchen shall have at least two electrical duplex outlets which
shall be on separate circuits.
Every bathroom, toilet room, laundry room, furnace room, basement, cellar or
non-habitable work room and kitchen shall be provided with a permanent
electrical light fixture.
Extension cords shall not be used on a permanent or semi-permanent basis.
All electrical services shall conform to and be maintained to the regulations set
by the Electrical Code as amended and where the officer has reason to believe
that the electrical system may be unsafe, the officer may require that an
inspection be carried out by the Electrical Safety Authority at the expense of the
property owner.
Occupancy Standards
3.81
3.82
3.83
The number of occupants, residing on a permanent basis in an individual dwelling unit,
shall not exceed one person for every nine square metres (97 sq. ft) of habitable floor
area. For the purpose of computing habitable floor area, any area with the minimum
ceiling height less than 2.1 metres (7 ft.) shall not be considered.
No room shall be used for sleeping purposes unless it has a minimum width of two
metres (6.6 ft.) and a floor area of at least seven Square metres (75 sq. ft.). A room
used for sleeping purposes by two or more persons shall have a floor area of at least
four square metres (43 sq. ft.) per person.
Any basement, or portion thereof, used as a dwelling unit shall conform to the
following requirements:
(a) each habitable room shall comply with all the requirements set out in this By-
Law;
(b) floors and walls shall be constructed so as to be damp proof and impervious to
water leakage;
Page 15 of 25
(c) each habitable room shall be separated from service rooms by a suitable fire
Separation and approved under the Ontario Building or Fire Code;
(d) —_ access to each habitable room shall be gained without passage through a service
room.
Elevating Devices
3.84
Elevators and other elevating devices including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans
and emergency communication systems shall be operational and maintained in good
condition.
Disconnected Utilities
3.85
3.86
4.01
4.02
4.03
4.04
Owners of residential buildings 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 any residential unit or building occupied
by a tenant or lessee, except for such reasonable period of time as may be necessary for
the purpose of repairing, replacing or otherwise altering said service or utility.
Recreational areas, equipment, structures, rooms and other facilities required by the
Town for the indoor or outdoor use of the occupants of the building shall be repaired as
necessary to maintain them in a safe condition and in good working order.
PART IV
VACANT LAND AND BUILDINGS
Vacant lands in the urban areas shall be kept clear and free from:
(a) rubbish and debris;
(b) unsightly weeds and heavy undergrowth as specified in the
Weed Control Act, R.S.O. 1990 as amended;
(c) objects or conditions that may create health, environmental fire
or accident hazards.
All vacant land shall be graded, filled up or otherwise drained so as to prevent
water from adversely affecting adjacent buildings or properties in the urban
areas,
If a building is vacated:
(a) all trash and rubbish shall be removed from the building;
(b) after 90 days all water and electrical power shall be turned off
other than that required for security and maintenance of the
property.
No partially or completely vacant building shall remain boarded up for a period
longer than is provided in an order. After the said time set by the Property
Standards Officer, the owner or agent or other person responsible shall
forthwith make the necessary repairs to make it fit for a dwelling or other
authorized uses, in accordance with the Zoning By-Law, as amended, or
demolish the building.
5.01
Page 16 of 25
PART V
NON-RESIDENTIAL PROPERTY STANDARDS
(a) All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code where applicable.
(b) The owner of a vacant building shall secure or board up the building to the
Satisfaction of the Property Standards Officer by covering all openings through
which entry may be obtained with sheeting and securely fastened by nails or
screws.
(c) Public recreational areas, equipment, structures, rooms and other facilities
required by the Town for the indoor or outdoor use of the public shall be
repaired as necessary to maintain them in a safe condition and in good working
order.
Garbage Disposal
5.02 Every building shall be provided with sufficient receptacles to contain all
garbage, rubbish, ashes and trade waste. These receptacles shall be covered at
all times and shall be located in the rear yard, when space can accommodate
them, or otherwise in a side yard, but in any event, these receptacles shall not be
located in a front yard. The receptacles shall be placed as close to the building
which they serve as is practicable. However, effort shall made so they are not
placed adjacent to any combustible structure.
5.03 Receptacles shall be acceptable plastic or other containers:
(a) made of watertight construction;
(b) _—_ provided with a tight fitting cover;
(c) maintained in a clean state;
(d) and that where necessary shall conform to all hazardous waste
disposal regulations.
Where garbage receptacles, as described in (a), (b) and (c) above, are open to
view, the area where the receptacles are stored shall be enclosed. All enclosures
shall be maintained in good repair.
5.04 Containers shall be made available for disposal of refuse which may be
discarded by customers and the lands and surrounding property shall be kept
free of such refuse.
Pest Prevention
5.05 Buildings shall be kept free from rodents, vermin and insects at all times and
methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticides Act, c. P. 11 R.S.O. 1990, as amended and all
regulations pursuant thereto.
5.06 All openings in a building including windows and doors, ventilation systems,
vents and floor drains that are open able for ventilation or left open for their
intended use, must be adequately screened or otherwise protected to prevent the
entry of insects, vermin and rodents.
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Page 17 of 25
Foundations
5.07
5.08
The foundation walls and the basement, cellar or crawl space floor shall be
maintained in good repair so as to exclude moisture and structurally sound and
where necessary shall be so maintained by shoring of the walls, installing
subsoil drains at the footings, grouting masonry cracks, parging and
waterproofing the walls or floors.
Every building, unless of the slab-on-grade type, shall be supported by
foundation walls or piers which extend below the frost line or to solid rock and
all footings, foundation walls, piers, slab-on-grade shall be of masonry or other
suitable material.
Structurally Sound
5.09
5.10
If in the opinion of the Officer, the structural capacity of any part of any building or
structure is in doubt, the Officer may require the owner to be responsible for submitting
an inspection report at his own cost, prepared, sealed and signed by a professional
engineer who is qualified in the pertinent field and licensed by the Association of the
Professional Engineers of Ontario.
Exterior walls, roofs and other parts of the building shall be free from loose and
unsecured objects and material.
Exterior Walls
3.11
Roof
5.12
5.13
(a) __ Exterior walls of a dwelling and their components including soffits and fascia-
boards shall be maintained in good repair free from cracked, broken or loose
masonry units, stucco and other defective cladding or trim. Paint or other
coatings where applied, must be maintained so as to prevent deterioration due
to weather conditions, insects or other damage.
(b) Exterior walls of a building or a structure and their components, shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
Roofs of buildings shall be maintained in a watertight condition and in general
good repair.
Where eave-trough, roof guttering, roof drainage system and down Piping is
provided it shall be kept in good repair, including being watertight, protected by
paint or other preservative and securely fastened to the building to prevent
accident.
Doors and Windows
5.14
Stairs
5.15
Windows, exterior doors, and basement or cellar hatchways shall be maintained
in good repair. Rotted or damaged doors, door frames, window frames, sashes
and casings, weatherstripping, broken glass and defective door and window
hardware shall be repaired or replaced, and maintained and protected from the
elements and against decay and rust by application of a weather coating
material such as paint or other protective materials.
An inside or outside stairs and any porch appurtenant to it shall be maintained
so as to be free of holes, cracks and other defects which may constitute possible
accident hazards and all treads or risers that show excessive wear or are broken,
warped or loose and all supporting structural members that are rotted or
deteriorated shall be repaired or replaced.
Page 18 of 25
Balustrades and Handrails
5.16 A guard shall be installed and maintained in good repair on the open side of any ramp
or stairway containing three (3) or more risers including the landing or a height of 600
mm (24") between adjacent levels. A handrail shall be installed and maintained good
repair in all stairwells. Guardrails shall be installed and maintained good repair around
all landings, porches and balconies. Guardrails, balustrades and handrails shall be
constructed and maintained rigid in nature.
Walls and Ceilings
5.17 Every wall and ceiling shall be maintained so as to be free of holes, cracks,
loose coverings or other defects, which would permit flame or excessive heat to
enter a concealed space.
Floors
5.18 Every floor shall be smooth and level, unless otherwise designed, and
maintained so as to be free of cracks, holes and protrusions in concrete floors,
also free of all loose, warped, protruding broken or rotted board that might
cause an accident or allow dirt to accumulate. All defective floor boards shall
be replaced and where covered with linoleum or some other covering that has
become worn or torn so that it retains dirt or might cause an accident, the
linoleum or other covering shall be repaired, replaced or removed.
5.19 The floor of every kitchen or area where food or drink is prepared and every
bathroom floor and every toilet room floor, where the toilet is in a separate
room, shall be maintained so as to be impervious to water and so as to permit
cleaning.
Cleanliness
5.20 All interior surfaces of public halls and stairs shall be maintained in a clean
condition.
Heating System
5.21 The heating system shall be maintained in a safe, good working condition
capable of maintaining 18° C (64° F) in all working areas, except in hockey
arenas or other similar areas, as required by the Occupational Health & Safety
Act, c. 0.1 R.S.O. 1990, as amended, and the Regulations for Industrial
Establishments.
Plumbing
5.22 All plumbing, drain pipes, water pipes and plumbing fixtures in every building
and every connection line to the sewerage system shall be maintained in good
working order and free from leaks and defects and all water pipes and
appurtenances thereon shall be protected from freezing.
5.23 All waste pipes shall be connected to a sewerage system through water seal
traps.
Electrical Service
5.24 Fuses or overload devices shall not exceed limits set by the Electrical Code of
Ontario.
5.25 Extension cords which are not part of a fixture shall not be permitted on a semi-
permanent or permanent basis.
Page 19 of 25
3.26 The electrical wiring and all electrical fixtures located or used in a building
shall be installed and maintained in good working order and in conformity with
the regulations of the Electrical Code or Building Code as amended.
Lighting
5.27 All non-residential establishments shall install and maintain all windows,
skylights and lighting fixtures necessary for the safety of all persons as required
by the Occupational Health and Safety Act, c. O.1 R.S.O. 1990, as amended,
and the Regulations for Industrial Establishments, provided that in all industrial
and commercial establishments, lighting shall not be positioned so as to cause
any impairment of the use or enjoyment of neighbouring properties.
Exits
5.28 All non-residential establishments shall install and maintain the necessary exits
as required by the Occupational Health and Safety Act, c. O.1 R.S.O. 1990 as
amended, and the Regulations for Industrial Establishments or the Ontario
Building Code.
Yards, Industrial and Commercial
5.29 All yards and compounds shall be maintained in a properly graded and levelled
condition compatible to its intended use.
5.30 All yards and compounds shall be maintained in a safe, clean condition free of
rubbish and debris or any unused, discarded or in-operative equipment.
5.31 (a) The warehousing of any stored material or operative equipment or the storage
of garbage in receptacles in the yards or compounds shall be neat and orderly so
as not to create a environmental, fire or accident hazard or any unsightly
condition and shall provide clean and easy access for emergency vehicles.
(b) Where conditions are such that a neat and orderly fashion is achieved
but is still offensive to view, the offensive area shall be properly
enclosed on all sides by a solid wall or a painted board, metal fence or
hedge installed in such a way to conceal the enclosed area not less than
1.8 meters high (6 feet). All walls, fences and hedges shall be
maintained in good repair.
(c) All vehicles, machinery and equipment shall be stored in such a manner so as to
prevent the leakage of hazardous materials.
Parking Areas, Driveways
5.32 All areas used for vehicular traffic and parking shall be covered with paving
such as asphalt, concrete, paving brick or stone or by crushed stone or gravel
surfacing and shall be free from litter and kept in good repair.
5.33 All areas used for vehicular traffic and parking spaces and similar areas shall be
maintained so as to afford safe passage under normal use and weather
condition.
PART VI
ADMINISTRATION AND ENFORCEMENT
6.01 This By-Law shall apply to all property within the limits of the Town of
Laurentian Hills unless other wise stated and shall be enforced on written and
signed original complaints only
6.02 The imperial measurements contained in this By-Law are given for reference only.
Page 20 of 25
Officers
6.03 The Council of the Town shall appoint one or more Property Standards Officers to be
responsible for the administration and enforcement of this By-Law
6.04 When this By-Law is in effect, an Officer and any person acting under his
instruction may, at all reasonable times and upon producing proper
identification, enter and inspect any premises.
6.05 Under certain conditions a search warrant issued under section 142 of the
Provincial Offences Act, c. P.33 R.S.O., 1990 as amended, only then an Officer
or any person acting under his instructions may enter any room or place actually
used as a dwelling without requesting and obtaining the consent of the occupier,
first having informed the occupier that the right of entry may be refused and
entry made only under the authority of a search warrant.
Notice of Non-Compliance
6.06
6.07
6.08
6.09
If, after inspection the Officer is satisfied that in some respect, the property does
not conform to the standards prescribed in the By-Law he may serve or cause to
be served by personal service upon, or send by prepaid registered mail to the
owner of the property and all persons shown by the records of the Registry
Office, and the Sheriff's Office to have any interest therein, a Notice of Non-
Compliance containing particulars of the non-conformity and may at the same
time provide all occupants with a copy of such notice.
The notice shall state that the property does not comply with the standards
prescribed in the By-Law and shall specify the standards with which the
property does not comply.
The notice shall state that after a certain date to be specified in the Notice of
Non-Compliance by the Officer, the property will be subject to a reinspection at
which time the Officer may issue an Order under section 6.10 of the By-Law.
The notice shall state that the Officer may be contacted for the purpose of
requesting information and advice or reporting what action is being or will be
taken to effect compliance with the By-Law.
Orders
6.10
(a) At any time after the date specified in the Notice of Non-Compliance or the
Hearing held to consider representations by the owner or occupant regarding the
intent of the Notice, the Property Standards Officer may issue an Order with
regard to a property not in compliance with the standards prescribed by this by-
law and may serve the Order in the manner provided in Subsection 6.06.
(b) Such Order may be registered against the property in the Land Registry Office
and shall contain the following information:
(i) the municipal address and/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 shall be in accordance with all
applicable legislation;
(ili) the period in which compliance with the terms of the Order is to be
carried out;
(iv) anotice that if such repair or clearance is not so carried out within the
time specified in the Order, the Town may carry out the repairs or
clearance at the expense of the owner, see sec. 6.20 of this By-Law.
(v) the name and telephone number of the officer who issued the Order; and
(vi) the final date of giving Notice of Appeal from the Order.
(vii) _ the mailing address and telephone number of the Town shall be
contained in the Order.
at
Page 21 of 25
6.11 Notwithstanding the requirements of Subsection 6.08 the Property Standards Officer
may also make an order or orders to the owner or occupant;
(a)
(b)
(c)
(d)
requiring the owner or occupant to make the property conform to the standards
within a period of time not to exceed ninety (90) days;
prohibiting the use of the property, and requiring the person using or occupying
the property to vacate the property within a period of time not to exceed ninety
(90) days;
requiring the owner to demolish the property within a period of time not to
exceed ninety (90) days; or
causing the registration of a caution on the title to the property.
6.12 When a Notice or Order has been served by a Property Standards Officer, the date of
service shall be deemed to be six days from the date upon which the Notice or Order is
sent by registered mail, or the date when a Notice or Order is personally served by the
officer upon any person, or the date of placarding of a property.
Property Standards Committee
6.13 (a)
(b)
(c)
(d)
(e)
(f)
The Council of the Town of Laurentian Hills shall establish by By-Law a
Property Standards Committee, who shall be ratepayers of the Town of
Laurentian Hills,
The Committee shall be five (5) in number; and shall be made up of one
ratepayer from each of the four (4) Wards plus one Member of Council
The term of Office for the ratepayer Members of the Property Standards
Committee shall be for the period of the term of the Council and the Council
member shall be for one (1) year
The purpose of the Committee is for hearing appeals against Orders served by
the Property Standards Officer, in accordance with the relevant provisions of
the Building Code Act, c. 23 S.O. 1992, as amended
The Town shall provide for a Secretary for the Committee, who shall keep on
file the records of all official business of the Committee, including records of
all applications and minutes of all decisions respecting those applications and
Section 253 of the Municipal Act applies with necessary modifications to the
minutes and records. The Secretary shall be the Property Standards Officer.
A majority of the members constitutes a quorum for transacting the
Committee’s business and the Committee may adopt its own rules of procedure,
and the Committee shall give notice or direct that notice be given of the hearing
of an appeal to such persons as the Committee considers advisable.
Appeal to the Property Standards Committee
6.14 (a)
(b)
When an owner or occupant upon whom an Order has been served by the
Property Standards Officer is not satisfied with the terms of conditions of the
Order, he may appeal to the Property Standards Committee by sending a notice
of appeal by registered mail to the Secretary of the Committee within fourteen
(14) days of service of the Order at the Town office.
Applications for Appeal of the Officers Order to the Property Standards
Committee shall be accompanied by non refundable fee of one hundred and
twenty-five ($125.00) dollars
6.15 An Order that is not appealed within the time referred to in Subsection 6. 14(a) shall be
deemed to have been confirmed.
Page 22 of 25
Hearing of Appeal
6.16 (a)
(b)
When an appeal has been submitted, the Committee shall hear it within thirty
(30) days after receipt by the Secretary of the notice of appeal.
Upon hearing the appeal, the Committee shall have all of the powers and
functions of the officer who made the Order and may:
(i) confirm, modify or rescind the Order to repair or demolish; or
(ii) _ 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.
Appeal of Decision of Committee
6.17 (a)
(b)
The Town or any owner, occupant or person affected by a decision of the
Property Standards Committee may appeal to the appropriate Superior Court of
Justice by notifying the Clerk of the Town in writing and the Clerk shall apply
to the appropriate Superior Court of Justice for an appointment within fourteen
(14) days. The Clerk shall notify the applicant that a request for a hearing has
been made to the Courts.
The Superior Court of Justice shall at their discretion appoint a day, time and
place for the hearing of the appeal and the appointment may direct that it shall
be served upon such persons and in such manner the Court prescribes.
6.18 The Judge on such appeal has the same powers and functions as the Committee.
Order to be Final and Binding
6.19 The Order, is deemed to have been confirmed pursuant to Subsection 6.10 or as
confirmed or modified by the Committee pursuant to Subsection 6.15 or as confirmed
or modified by the Judge pursuant to Subsection 6.17 shall be final and binding upon
the owner or occupant who shall carry out the repair or demolition within the time and
in the manner specified in the Order.
Power of Town to Repair or Demolish
6.20 If the owner or occupant of a property fails to repair or demolish the property in
accordance with an order as confirmed or modified, the Town in addition to all other
remedies:
(a) shall have the right to repair or clear the property accordingly;
(b) shall have the right for its servants and agents to enter in and upon the property
to carry out the aforesaid repair or clearance;
(c) shall have the right to carry out the repairs or clearance at the expense of the
owner; and the amount of the expense shall be deemed to be real municipal
taxes and may be added to the collector’s roll and collected in the same manner
and priorities as real municipal taxes, and,
(d) __ shall not be liable to compensate such owner, occupant or any other person
having an interest in the property by reason of anything done by or on behalf of
the Town under the provisions of this section of the By-Law.
Issue of Certificate of Compliance
6.21 (a)
(b)
Following the inspection of a property, the Property Standards Officer may, on
the request of the owner, issue to the owner a Certificate of Compliance if, in
his opinion, the property is in compliance with the standards of this By-Law.
If a Certificate of Compliance is issued at the request of the owner, the owner
shall pay a fee as prescribed in the Tariffs and Fees By-Law as amended from
time-to-time.
(c)
(d)
Page 23 of 25
Any person who contravenes an Order issued under the provisions of this By-
Law which is final and binding or who contravenes any other provision of this
By-Law shall, upon conviction thereof, be liable to a fine as is provided for in
the provisions of the Building Code Act c.23 $.O. 1992, as amended and any
other applicable law, exclusive of costs, for each offence.
When a person has been convicted of an offence under this by-Law, the
Provincial Court or any court of competent jurisdiction may in addition to any
other penalty imposed on the person convicted, issue an order prohibiting the
continuation or repetition of the offence or the doing of any act or thing by the
person convicted directed toward the continuation or repetition of the offence.
Emergency Powers
6.22 (a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Despite any other provisions of this By-Law, if upon inspection of a property
the Property Standards Officer is satisfied that a non-conformity with the
standards prescribed in the By-Law exists to such extent as to pose an
immediate danger to the health or safety of any person, the officer may make an
Order containing particulars of the non-conformity which requires remedial
repairs or other work to be carried out forthwith to terminate the danger.
The Order shall be served on the owner of the property and such other persons
affected thereby as the officer determines, and a copy shall be posted on the
property.
After making an Order under Subsection 6.20(a) the officer Inay, either before
or after the Order is served, take or cause to be taken any measures he considers
necessary to terminate the danger and for this purpose the Town’s servants and
agents have the right to enter in and upon the property in respect of which the
Order was made, without a warrant.
The Officer, the Town or anyone acting on behalf of the Town 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 6.20(c).
Where the Order was not served before emergency measures were taken by the
officer to terminate the danger, the officer shall forthwith after the measures
have been taken, send or serve copies of the Order in accordance with the
Provisions of the Building Code Act c. 23 S.0. 1992, as amended, to the owner
of the property and all persons affected thereby as determined by the officer,
and each copy of the Order shall have attached thereto a statement by the
Officer describing the measures taken by the Town and providing details of the
amount expended in taking the measures.
Where the Order was served before the emergency measures were taken, the
Officer shall serve a copy of the statement mentioned in Subsection 6.22 (e) in
accordance with the Building Code Act c. 23 S.O. 1992, as amended, to the
owner(s) as soon as practical after the measures have been taken.
As soon as practical after the requirements of Subsection 6.22(e) and (f) have
been complied with, the Officer shall apply to a J udge of the appropriate
Provincial Court for an Order confirming the Order made under Subsection
6.22.
The disposition of the application under Subsection 6.22 shall be final and
binding.
General Provisions
6.23
Page 24 of 25
(a) This By-Law shall apply to all property within the boundaries of the Town of
Laurentian Hills in accordance with the sectional provisions of the By-Law
(b) Where a provision of this By-Law conflicts with a provision of another Town
By-Law or Provincial Statutes, the provisions that establish the higher standards
to protect the health, safety and welfare of the general public shall prevail.
(c) If any section of this by-law is for any reason held to be invalid, the remaining
sections shall remain in effect.
(d) This By-Law shall be administered by a person or persons appointed by the
Council of the Town of Laurentian Hills as Property Standards Officers.
(e) By-Law 02-02 of the Town of Laurentian Hills and all other By-Laws
Tespecting Property Standards are hereby repealed and rescinded.
¢3) This by-law shall come into force and take effect on the date of passage thereof.
Registration of Order
6.24
6.25
6.26
6.27
An order under section 6.10 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 served under Section 6.10
and, when the requirements of the Order have been satisfied, the Clerk of the
Town 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.
When the owner or occupant upon whom an Order has been served in
accordance with Sections 6.10, 6.11, and 6.12 is not satisfied with the terms or
conditions of the Order, he may appeal to the Committee by sending Notice of
Appeal by registered mail to the Secretary of the Property Standards
Committee, Town Office, Point Alexander, Ontario 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.
The Order is deemed to have been confirmed pursuant to Section 6.10 or as confirmed
or modified by the Committee pursuant to Section 6.16.
A person is guilty of an offence when convicted for a contravention of this By-Law
who:
(a) knowingly furnishes false information in any application under this By-Law or
in any statement or return required to be furnished under this By-Law;
(b) _ fails to comply with an order, direction or other requirement made under this
By-Law
(c) contravenes this By-Law.
(d) _ if a Director or Officer of a Corporation knowingly concurs in the furnishing of
false information, the failure to comply with or the contravention under
subsection (c) is guilty of an offence.
(e) after conviction of an offence under this By-Law is liable to a fine of not more
than $25,000.00 for a first offence and to a fine of not more than $50,000.00 for
a subsequent offence.
(f) if a Corporation, is convicted of an offence, the maximum penalty that may be
Page 25 of 25
imposed upon the corporation is $50,000.00 for a first offence and $100,000.00
for a subsequent offence and not as provided in subsection (e).
(g) for the purpose of subsections (e) and (f), an offence is a same subsequent
offence if there has been a previous conviction under this By-Law within one
year of the subsequent offence.
6.28 Every person who fails to comply with an order made by a Property Standards Officer
under this By-Law is guilty of an offence and on conviction, in addition to the penalties
mentioned in subsections 7.27 (e) and (f) above, is liable to a fine of not more than
$10,000.00 per day for every day the offence continues after the time given for
complying with the order has expired.
READ a first and second time this 20" day of October, 2010
READ a third and final time and passed this 20" day of October, 2010