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THE CORPORATION
OF THE TOWNSHIP
OF MALAHIDE
BY- LAW NO. 24- 25
Being a By- law for prescribing standards for the maintenance and
occupancy of Property within the Township of Malahide
WHEREAS
subsection
15. 1( 3) of the Building Code Act, 1992, S. O. 1992, c. 23,
as amended, provides that the Council of the Township
may pass a by- law prescribing
standards for the maintenance and occupancy of Property within the Township of
Malahide, for prohibiting the occupancy or use of such Property that does not conform to
the standards, for requiring Property that does not conform to the standards to be repaired
and maintained to conform to 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 subsection
15. 6( 1) of the Building Code Act, 1992, S. O. 1992, c.
23, as amended, requires that a by- law passed under section 15. 1 of the said Building
Code Act shall provide for the establishment of a Property Standards Committee;
AND WHEREAS
the Official Plan of the Township of Malahide includes provisions
relating to Property conditions
in the Township;
AND WHEREAS
the Council of the Corporation
of the Township
of Malahide
has
determined that it is desirable for the greater betterment of the Township to prescribe
standards for the maintenance and occupancy of Property within the Township;
AND WHEREAS
the Council of the Corporation
of the Township
of Malahide
has
prescribed these standards with studied moderation in keeping with the character of the
Township of Malahide;
NOW THEREFORE
the Council of the Corporation
of the Township of Malahide
HEREBY
ENACTS
AS FOLLLOWS:
1.
SHORT TITLE
1)
This By-law may be cited as the " Property Standards By- law".
2.
INTERPRETATION
2)
In interpreting
this By- law:
a) The captions and headings are inserted for convenience
or reference only and
do not define, limit or enlarge the scope, meaning or intent of any provisions.
b) Words used
in the present tense include the future tense, words in the
masculine gender include the feminine and neuter, and the singular number
includes the plural and the plural the singular.
c) The word " shall" is mandatory
and not discretionary
Definition
3)
In this By- law, unless the context otherwise
requires:
Building Code Act" means the Building Code Act, 1992, S. O. 1992, c.23, as amended or
any successor thereof.
Clerk" means the person appointed by the Council of The Corporation of the Township
of Malahide to the position of Clerk of the Township of Malahide.
Committee" means a Property Standards Committee established under this By-law.
Council" means the Council of the Township.
Derelict" includes Property or a thing that is: (
i) ruined
or dilapidated;
or ( ii) missing
an
integral part (such as a motor or transmission of an automobile) and unable to operate
under its own power.
Dwelling unit" means a building or part thereof operated as a housekeeping unit, used
or intended to be used as a domicile by one or more persons and usually containing
cooking, eating, living, sleeping
and sanitary facilities.
Medical Officer of Health" means the Medical Officer of Health of the Southwest Public
Health
Unit.
Occupant" means any person over the age of eighteen years 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" means any of the following:
a) the registered
owner of land;
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 receive the
rent if the land and premises were let; or,
c) the 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
maintenance and occupancy of property.
Parking Area" means an area, whether covered or uncovered, which is provided for the
temporary parking of vehicles and may include ingress and egress driveways, aisles, and
parking spaces.
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 theretofore
or hereafter
erected, and includes vacant property.
Refuse" means any discarded, disused or inoperative item, material or thing and includes
garbage of any kind and, without limiting the generality of the foregoing, includes rubbish,
inoperative
vehicles
and
mechanical
equipment, automotive
and
mechanical
parts,
appliances, furnaces, heater or fuel tanks, furniture, household goods, table waste, paper,
cartons, crockery, glassware, cans, yard or garden refuse, earth or rock fill, material from
construction
or demolition
projects and old clothing;
Township" means
the Corporation
of the Township
of Malahide, or the
geographic
Township of Malahide, as context requires.
Vehicle"
means
an
automobile,
truck,
motorcycle,
motorized
snow
vehicle,
and
motorized all -terrain vehicle, but does not include cars or engines running on railway
tracks, farm tractor, or self- propelled farm machinery or road building equipment.
Yard" means a space appurtenant
to a building or structure, located on the same lot as
such
building
or structure, and which
is open, uncovered,
and
unoccupied
from
the
ground to the sky except as permitted
otherwise by this By- law.
Yard, Front" means a Yard extending
across the full width of a lot between the front lot
line and the nearest main wall or supporting
member of any main building or structure on
the lot.
Yard, Rear" means a Yard extending
across the full width of a lot between
the rear lot
line and the nearest main wall or supporting member of any main building or structure on
the lot.
Yard, Exterior Side" means a side Yard immediately
butting a street.
Yard, Interior Side" means a side Yard other than an exterior side Yard.
3.
GENERAL
Application
1)
The standards for maintenance and occupancy set out in this By- law are hereby
prescribed and adopted as the minimum standards for all Property within the
geographical boundaries of the Township of Malahide.
Non -conforming Use Prohibited
2)
The occupancy or use of any Property within the Township of Malahide that does
not conform to the standards prescribed in this By-law is prohibited.
Correction
and Clearance
of Non -Conforming
Buildings and Structures
3)
Any Property that does not conform to the standards set forth in this By-law shall
have the offending condition corrected and be maintained to conform to the
standards prescribed in this By- law or the site shall be cleared of all buildings,
structures, debris or refuse and left in graded and levelled condition.
Removal of Signs, Notices Or Placards Prohibited
4)
No
person
other than
an
Officer
or any
person
acting
under the Officer' s
instructions shall remove from any premises of any sign, notice or placard placed
thereon pursuant to the provisions of the Building Code Act, as amended, or this
By- law.
Application
of Other By- laws
5)
Nothing in this By- law shall relieve any person from any obligation to comply with
the requirements of any other By-law or with the requirements to obtain any
license, permit, certificate, authority, approval, consent
or variance
otherwise
required.
Zoninq
6)
When a Property is properly zoned and lawfully used for that purpose nothing in
this By-law shall prohibit such use.
Validity
7)
Should
any section, clause
or provision
of this
By- law be held
by a Court of
competent jurisdiction to be invalid, the validity of the remainder of the By- law shall
not be affected.
Conflicting
By -Laws
8)
Where any provision of this By-law conflicts with any provision of any other By-law
of the Township, the provision that establishes the higher standard of protection
for the health, safety and welfare of the public shall apply.
Conflict with the Building Code Act
9)
This By-law shall be subject to the provisions of the Building Code Act, as amended
and where any provision of this By-law conflicts with or is inconsistent with the
provisions of the Building Code Act, the provisions of the Building Code Act, shall
apply and shall be deemed to be incorporated into this By-law.
Repairs and Maintenance
10)
Every Owner of a Property shall:
a)
repair, maintain
and
keep
the
Owner' s
Property
in
accordance
with
the
standards set out herein;
b) require all persons who use or occupy the Owner' s Property to comply with this
By-law; and,
c) comply with any order issued in relation to the Owner's Property pursuant to
this By- law.
11)
In the event that a Property does not meet any of the standards set out herein, the
Owner of the Property shall immediately take any and all required action to bring
the Owner's Property into compliance with this By-law.
12)
Every Occupant of a Property shall, in that part of the Property that the Occupant
occupies or controls:
a) maintain all plumbing, cooking, and refrigerating appliances and fixtures and all
storage
facilities
and
other
equipment
therein, if any, in a clean and sanitary
condition;
b) keep all exits from
any building
or structure
on the
Property clean
and
unobstructed; and
13)
All work, repairs and maintenance of Property shall be carried out with suitable
materials and in a good and workmanlike manner and shall conform to all other
by- laws of the Township, codes, statutes and regulations as may be applicable.
4.
GENERAL
Compost Heaps
1)
The
Occupant
of a residential
Property
may maintain
a compost
heap
or bin,
provided that the compost heap is no larger than 4 metres square and 1. 2metres
in height and is enclosed
on all sides by concrete block, lumber, a metal frame, or
a commercial
enclosed container designed for composting.
2)
Compost heaps or bins shall not be placed in the Front Yard or Exterior Side Yards.
3)
Compost
bins and enclosures
shall be maintained
in a good state of repair and
shall
not be overfilled.
Refuse Storaae
4)
External containers
and receptacles, where permitted, shall be screened from the
view of neighbouring
properties
and shall
be provided
with covers
so that any
material
contained
therein
shall
not
be exposed
to view
or to
rodents, vermin,
insects or other pests. Such covers shall be provided at all times, except when the
containers
or receptacles
are actually being filled or emptied.
Vermin
5)
Every Property shall be kept free of rodents, vermin, termites
and other injurious
insects and other pests.
Lighting
6)
Where exterior artificial lighting
is used on a privately - owned Property, it shall be
positioned and directed and shall be of an intensity so as not to cause any nuisance
or impairment
to any neighbouring
property, having regard to the character
and
intended
use of the properties
in the vicinity.
Water Management
7)
Every Yard shall be maintained
to as to:
a)
Facilitate
the
flow
of water
through
natural
drainage,
drainage
swales,
ditches or water courses;
b)
Prevent recurrent ponding or the entry of storm water on grade; and
c)
Prevent any adverse impact to adjacent properties due to storm water on
grade, originally falling in the Yard entering an adjacent property, other than
i)
through
an
existing
natural
or
artificial
drainage
swale,
ditch
or
watercourse, or
ii) in accordance
with a grading
plan approved
by the Township
pursuant
to subdivision,
severance
or site
plan
control, a building
permit, a site
alteration by- law, or any other approval process.
8)
No storm water or roof water shall
be permitted
to discharge
onto
a sidewalk,
walkway, steps, porch or other pedestrian
access to a property.
Water Features
9)
Every
swimming
pool, hot tub, and
wading
pool, as well
as accessories
and
appurtenances
thereto
including
fences
and gates, shall be maintained
in good
repair, in a clean and safe condition, free from leaks and health and safety hazards.
Excavations
10)
Every Property shall be kept free of all unnecessary or unused excavations, holes,
unenclosed
wells, pits, shafts, cisterns or reservoirs, and the same shall be filled
to grade with clean fill.
Fences and Retaining Walls
11)
All fences, retaining walls and other structures designed
to form barriers shall be:
a)
Maintained
in a good state of repair, in a safe and structurally sound
condition;
b)
Protected
from
deterioration
by
the
application
of
suitable
protective
materials, or
constructed
of
a
material
that
is
inherently
resistant
to
deterioration; and,
c)
Kept plumb, unless specifically designed
to have a different angle.
Buildings
and Structures -- General
12)
Every building or structure and every part thereof shall be maintained
in
a
structurally sound condition so as to be capable of sustaining its own weight and
any additional
load to which it may be subjected through normal use.
13)
Every building or structure and every part thereof shall be maintained in a clean
and tidy condition and in a good state of repair. Any damage or deterioration to a
building or structure or to any part thereof shall be promptly repaired in a good and
workmanlike
manner, having regard to the nature and extent of the damage, using
suitable
materials.
14)
The foundations, walls, columns, beams, floors, roof slabs and balconies of a
building shall be maintained in a good state of repair and in a safe and structurally
sound
condition, free from damaged, decayed
or weakened
sills, piers, posts or
other supports in a manner so as to prevent the entry of moisture, rodents and
insects into the building.
Doors
and Windows
15)
All exterior openings for doors and windows to a building shall be fitted with doors
or windows.
16)
Exterior doors, windows
and skylights
shall
be maintained
in good
repair and
weather tight condition. Rotted, damaged and defective materials including but not
limited to doors, door frames, sashes and casings shall be renewed. Broken glass
shall be replaced or protected.
Stairs
Porches
and Balconies
17)
Outside stairs, porches, balconies and landings shall be maintained so as to be
free
of holes, cracks
and
other
defects.
Broken, loose, rotted
or deteriorated
materials shall be replaced.
Railings
18)
Guardrails, balustrades and handrails shall be constructed and maintained rigid in
nature capable of sustaining any load to which it may be subjected through normal
use.
19)
A handrail shall be installed
in conjunction with every set of stairs containing
more
than three risers and such handrail shall be adequately secured and maintained
in
good repair.
20)
Secure guardrails shall be installed around the perimeter of the higher floor surface
where
there
is
a difference
in elevation
to adjacent
surfaces
of more
than
0. 6
metres.
Exterior Walls
21)
The exterior walls of a building shall be maintained in good repair, free from
cracked or broken masonry, defective or deteriorated wood or metal siding or trim,
and cracked, broken
or loose stucco, and
in a weathertight
condition.
22)
The
exterior
walls
of a building
shall
be
protected
from
deterioration
by
the
application of paint or other suitable protective materials, or constructed of a
material that is inherently resistant to deterioration, and shall be maintained
as
necessary.
23)
Eavestroughs, rainwater pipes, flashing, exterior ducts, and other metal surfaces
shall be kept free from rust by the application of a suitable protective material.
Roofs
24)
All roofs of buildings and structures shall be maintained:
a) In a good state of repair;
b) In a weathertight condition, so as to prevent the admission of water into any
part of the roof or building;
c) Free from loose or unsecured parts, objects or materials; and,
d) Free from dangerous
accumulation
of snow, ice, or other materials.
Vacant
and
Damaged
Buildings
25)
Every vacant building shall be maintained
in
a secure condition to prevent
unauthorized entry.
26)
Every vacant building shall have all services to the building turned off except those
services that are required for the security and maintenance of the Property.
27)
Every building damaged by fire, storm or other cause shall be demolished or
restored so that the building is structurally sound within a reasonable time after
such damage occurs.
28)
Every opening
in
a fire -damaged building shall be boarded
up to prevent
unauthorized
entry into the building until the necessary work is completed.
Demolition
29)
Upon the demolition or removal of any building or structure, all excavations shall
be filled to grade with clean fill and levelled with the surrounding grade and
landscaped.
Parking
30)
All areas used for vehicular
traffic and parking
shall be surfaced
with asphalt,
concrete, crushed stone, paving stones arranged in a uniform pattern, or gravel
surfacing, and shall be kept free from dirt or other litter and kept in good repair.
Interior Structures
and Surfaces
31)
The interior floors, ceilings and walls of a building shall be maintained:
a)
In
good
repair, free
from
moisture,
holes,
loose
boards
and
damaged
or
decayed materials;
b) In a safe condition.
32)
All floors and floor coverings
in buildings
shall be kept
in
a smooth
and
level
condition, free of loose, warped, protruding or broken coverings.
Water and Plumbing
33)
Every dwelling
shall be provided
with an adequate
supply of drinkable
running
water from a source approved by the Medical Officer of Health.
34)
Every dwelling unit shall contain plumbing fixtures consisting of at least,
a) a toilet;
b) a kitchen sink;
c) a washbasin; and
d) a bathtub or shower.
35)
A washbasin shall be located in every room containing a toilet unless this is not
possible, in which case, a washbasin shall be located in a room adjoining the room
containing
the toilet.
36)
No toilet or urinal shall be located
in a room that is used for the preparation,
cooking, storage or consumption of food, or for sleeping.
37)
Bathtubs and showers shall be caulked so as to form a continual seal impervious
to water penetration.
38)
Every sink, washbasin, bathtub or shower required by this by- law shall have an
adequate supply of hot and cold running water.
39)
Every toilet required by this by- law shall have an adequate supply of running water.
40)
All waste water pipes shall either be connected to the municipal sanitary sewer
system, or to a septic system.
41)
No person shall cause, permit, continue or allow the discharge of wastewater or
sanitary sewage in any manner other than as required under section 4( 40).
42)
All septic systems shall be maintained
in good working order.
Kitchens
43)
Every dwelling unit shall include a kitchen which shall contain, in addition to a
kitchen
sink, an electrical
or gas power supply for cooking
and
refrigeration
purposes as approved by the appropriate authority.
Ventilation
Systems
44)
Ventilation systems shall be cleaned regularly to prevent the accumulation of
materials which could create a fire or explosion hazard, contaminate the air or
create any other health or safety hazard.
Heatinq and Mechanical
Systems
45)
Every dwelling shall be provided with a heating system capable of maintaining
a
room temperature of 20 degrees Celsius ( 68 degrees Fahrenheit) in the centre of
all 3.47 habitable rooms, bathrooms and powder rooms.
46)
The heating system required by section 4(45) shall be maintained in good working
condition and be capable of heating the dwelling to the required temperature.
47)
Portable heaters shall not be used as a primary source of heat, except in an
emergency.
48)
A portable heater shall not be placed so as to impede the free movement of
persons within the room where the heater is located.
49)
In the case of a heating system that burns solid or liquid fuel, every fuel -burning
appliance shall be properly vented to the outside air by means of a chimney or flue
as required to ensure safe operation of the appliance.
50)
Every fireplace, chimney, smoke pipe, flue, vent and similar construction shall be
maintained so as to be free from defects and shall prevent gases and smoke from
leaking into the dwelling unit.
51)
Air conditioners
shall be maintained
in a safe mechanical
and electrical condition.
Electrical Systems
52)
Buildings with electrical service shall be connected to the electricity supply system
in a manner that provides adequate capacity for the intended use of the building
and electrical facilities within the building, including the connections, lines, outlets,
fuses, circuit breakers, and any appurtenances thereto shall be maintained
in good
working order.
53)
The owner of every Property with electrical service shall ensure that the electrical
system is inspected
and approved for use by the appropriate
authority.
Ling
54)
Artificial lighting shall be available in all rooms, stairways, halls, corridors, garages
and basements of a dwelling unit that are accessible to its occupants.
55)
Where interior artificial lighting is used on a privately -owned Property, it shall be
positioned and directed and shall be of an intensity so as not to cause any nuisance
or impairment to any neighbouring property, having regard to the character and
intended
use of the properties
in the vicinity.
5.
ADMINISTRATION
AND ENFORCEMENT
Property Standards Committee
1)
A Property Standards Committee is hereby established which shall be composed
of five ( 5) individuals
appointed from time to time by Council.
2)
Each member of the Committee
shall be appointed for a term of one year.
3)
When a vacancy occurs in the membership of the Committee, the Council shall
forthwith fill the vacancy.
4)
The members of the Committee
shall elect one of themselves
as chair, and when
the chair
is absent through
illness
or otherwise, the Committee
may appoint
another member acting chair.
5)
Any member of the Committee may administer oaths.
6)
The members of the Committee shall be paid such compensation
as the Council
may provide.
7)
Secretarial services for the Committee shall be provided through the office of the
Clerk.
8)
The Secretary
of the Committee
shall keep on file minutes
and records of all
applications
and the decisions thereon
and of all other official business
of the
Committee, and the Municipal
Act, 2001, as amended, applies
with
necessary
modifications
to such documents.
9)
A majority of the Committee constitutes a quorum.
10)
The Committee may adopt its own rules of procedure but before hearing an appeal
the Committee shall give notice or direct that notice be given of such hearing to
such persons as the Committee considers should receive such notice.
Property Standards Officer --General
Duties
11)
Upon receipt of a written complaint, it shall be the duty of an Officer to administer
and enforce the provisions of this By-law, and in the performance of such duty, he
shall have all the powers and responsibilities
set forth in the Building Code Act, as
amended, and the Regulations
thereto.
Right of Entry
12)
Subject to section 5( 11) an Officer may, upon producing proper identification, enter
upon any Property at any reasonable time without a warrant for the purpose of
inspecting
the Property
in relation to the complaint to determine,
a)
whether the Property conforms with the standards
prescribed
by this By-
law; or
b)
whether an order made under section
5( 13) has been complied
with.
n rri a rc
13)
An Officer who finds that a Property does not conform with any of the standards
prescribed in this By-law may make an order:
a) stating the municipal address or the legal description of such Property,
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 leveled
condition;
b) indicating the time for complying with the terms and conditions of the order and
giving notice that, if the repair or clearance
is not carried out within that time,
the Township may carry out the repair or clearance at the Owner's expense;
and
c) indicating the final date for giving notice of appeal from the order, and how the
order may be appealed.
Service and Posting of Order
14)
The order shall be served on the Owner of the Property and such other persons
affected by it as the Officer determines, and a copy of the order may be posted on
the Property.
Removal
Prohibited
15)
Where
any
sign,
notice, order or placard has been placed on any premises
pursuant to this By- law, no person shall remove such sign, notice or placard from
the premises without the authority of the Officer.
Registration
of Orders
16)
The order may be registered in the proper land registry office, and upon such
registration, any person acquiring
an 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, and when the order has been fully complied
with, the Clerk of the Township
shall forthwith cause to be registered
in the proper
land registry office a notice certifying that such order has been complied with,
which
shall operate
as a discharge
of the order.
Appeal to Property Standards Committee
17)
When the Owner upon whom an order has been served is not satisfied with the
terms
or conditions of the order, he may appeal to the Property Standards
Committee by sending notice of appeal by registered mail or personal delivery to
the Secretary of the Property Standards Committee within fourteen
days after
being served with the order.
18)
An order that is not appealed within the time referred to in section 5( 17) is deemed
to be confirmed.
19)
The Secretary of the Committee shall, upon receipt of the notice of appeal, fix an
appointment for hearing thereof and give notice in writing of the appointment for
hearing at least fourteen days prior to the date fixed therefore to the appellant and
to the Officer who
issued
the order. The Committee may give further notice or
direct that notice be given of the hearing of an appeal to such other persons as the
Committee
considers advisable.
Powers of Committee
on Appeal
20)
If an appeal is taken, the Committee shall hear the appeal and shall have all the
powers and functions of the Officer who made the order and may,
a)
confirm, modify or rescind the order to demolish or repair; and,
b)
extend the time for complying with the order if, in the Committee' s opinion,
the general intent and purpose of the By-law is maintained.
21)
The decision of the Committee shall be made in writing and the Secretary of the
Committee shall serve a copy of the Committee's written decision to the appellant
and the Officer who issued the order.
Appeal to Court
22)
The Township, or any Owner or Occupant or person affected by a decision under
of section 5( 21) may appeal the decision to a judge of the Superior Court of Justice
by notifying the Clerk of the Township in writing and by applying to the Superior
Court of Justice for an appointment
within
14 days after being served with the
decision
appealed
from.
23)
The Superior Court of Justice shall appoint, in writing, a time and place for the
hearing of the appeal and may direct in the appointment the manner in which and
the person upon whom the appointment is to be served.
24)
On the appeal, the judge has the same powers and functions as the committee.
Effect of Decision
25)
An order that is deemed
to be confirmed
under section
5( 18), or that is confirmed
or modified
by the Committee
under section
5( 20), or by a judge under section
5( 24), shall be final and binding upon the owner who shall carry out the repair or
demolition within the time and in the manner specified in the order.
Certificate of Compliance
26)
Following a satisfactory inspection of a Property, the Officer shall, if requested by
the Owner, issue to the Owner a certificate of compliance, if, in the Officer's
opinion, the Property is in compliance with the standards set out in this By- law.
27)
Where the Owner has made a request for a certificate of compliance, the fee of
Sixty
Dollars ($
60. 00) shall be paid prior to the issuance of the certificate of
compliance.
6.
EMERGENCY
POWERS
Emergency Orders
1)
Despite any other provision of this By- law, if, after an inspection of a Property, an
Officer is satisfied that there is nonconformity with the standards prescribed in this
By- law to such extent as to pose an immediate danger to the health or safety of
any
person,
the
Officer
may make
an
order containing
particulars
of the
nonconformity
and requiring
remedial
repairs or other work to be carried
out
immediately to terminate the danger.
Service
of Emeraencv
Order
2)
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.
Emergency Powers
3)
After making an order under section 6( 2), the Officer may, either before or after the
order is served, take any measures necessary to terminate the danger and, for this
purpose, the Township may, through its employees and agents, at any time enter
upon the Property in respect of which the order was made without a warrant.
No Liability
4)
The Officer, the Township or anyone acting on behalf of the Township is not liable
to compensate the Owner, Occupant or any other person by reason of anything
done by or on behalf of the Township
in the reasonable
exercise
of its powers
section 6( 3).
Service
5)
Where the order was not served
before
measures
were taken
by the Officer to
terminate the danger, the Officer shall forthwith after the measures have been
taken serve or send copies of the order in accordance with section 6( 2) as soon
as practicable after the measures have been taken, and each copy of the order
shall have attached to it a statement by the Officer describing the measures taken
by the Township and providing details of the amount expended
in taking the
measures.
Service of Statement
6)
If the order was served
before
the measures
were taken, the Officer shall serve
a
copy of the statement mentioned in section 6( 5) in accordance with section 6( 2) as
soon as practicable after the measures have been taken.
Application
to Court
7)
As soon as practicable after the requirements of sections 6( 5) and 6( 6) have been
complied with, the Officer shall apply to a judge of the Superior Court of Justice for
an order confirming the order made under section 6( 1) and the judge shall hold a
hearing for that purpose.
Powers of Judge
8)
The judge in disposing of an application under section 6( 7) shall:
a) confirm, modify, or rescind the order; and
b) determine whether the amount spent on measures taken to terminate the
danger may be recovered in whole, in part, or not at all.
Order Final
9)
The disposition under section 6( 8) is final.
7.
FAILURE TO COMPLY - ENFORCEMENT -
PENALTIES
Enforcement -- Remedial Action
1)
If an order made under this By-law that has been confirmed or deemed confirmed
has not been complied with, the Township may cause the Property to be repaired
or demolished
in accordance
with the order.
2)
For the purpose of repairing or demolishing a Property in accordance with section
7( 1),
employees
or agents of the Township
may enter the Property
at any
reasonable time without a warrant.
3)
The Township
or a person
acting
on the Township' s behalf
is not liable
to
compensate the Owner, Occupant, or any other person by reason of anything done
by or on behalf of the Township in the reasonable exercise of its powers under
section 7( 1).
4)
The Township may recover its costs of effecting any repair or demolition done
pursuant
to section
7( 1)
by action or by adding the costs to the tax roll for the
Property and collecting them in the same manner as municipal taxes. Any cost so
added to the tax roll shall bear interest from the date the first demand for payment
is made
at the same
rate as overdue
taxes.
Enforcement -- Statutory Injunction
5)
In addition to any other remedy and to any penalty imposed under this By- law, a
contravention
of any of the requirements
of this By- law may be restrained
by
application at the instance of a taxpayer or of the Township in accordance with the
provisions of the Municipal Act, 2001.
Enforcement -- Offence
6)
Every person who contravenes any provision of this By- law is guilty of an offence
and is liable, upon conviction, to a fine of not more than fifty thousand dollars
50, 000) for a first offence
and to
a fine of not more than ($ 100, 000) for
a
subsequent
offence.
7)
Notwithstanding
section
7( 6), if the
person
convicted
is
a corporation, the
corporation
is
liable
to
a fine
of not
more
than
five
hundred
thousand
dollars
500, 000) for a first offence and to a fine of not more than one million, five hundred
thousand
dollars ($
1, 500, 000) for a subsequent
offence.
8.
REPEAL
AND
REPLACE
1)
By-law No. 20- 12 is hereby repealed.
2)
This By-law shall come into force immediately upon being finally passed.
READ a FIRST and SECOND time this 20th day of June, 2024.
READ a THIRD time and FINALLY PASSED this 20th day of June, 2024.
or, D. Giguere
Clerk, A. Adams