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By-law 2017-26
A by-law to establish Standards for the maintenance and
occupancy of Property in the City of Markham.
(PROPERTY STANDARDS BY-LAW)
WHEREAS section 15.4 of the Building Code Act, 1992 S. O. c. 23 (as
amended) authorizes Council to cause a property that has been the subject
of a confirmed Property Standards order to be repaired or demolished under
certain circumstances; and,
WHEREAS under Sections 35.3 and 45.1 of the Ontario Heritage Act,
R.S.O. 1990, c.0.18, as amended, a by-law may be passed by the Council of
a municipality prescribing the minimum standards for the maintenance of the
Heritage Attributes of designated heritage properties or properties situated in
a heritage conservation district provided that a By-law passed under Section
15.1 of the Building Code is in effect in the municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
CITY OF MARKHAM ENACTS AS FOLLOWS:
1.
SHORT TITLE
This By-law may be cited as the Property Standards By-law.
2.
DEFINITIONS
In this By-law:
Accessory Building means a detached subordinate building on the same
lot as the main building;
Building Code means the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, and any successor legislation;
City means the Corporation of the City of Markham;
Committee means the Property Standards Committee established pursuant
to the provisions of this By-law;
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 purpose of
human habitation and includes the land and premises appurtenant thereto
and all out buildings, fences and erections thereon or therein;
Dwelling Unit means one (1) or more rooms connected together as a
separate unit in the same dwelling and constituting an independent
housekeeping unit, for residential occupancy by humans with facilities for a
bathroom with a water closet and basin, and facilities for persons to sleep
and cook;
Driveway means the minimum defined area required to provide access for
motor vehicles from a public or private street or a lane to facilities such as a
parking area, parking lot, loading space, private garage, building or structure,
except that in the case of a residential property "driveway" means only the
minimum defined area required to provide direct access from the street to a
garage or permitted parking area;
By-law 2017-26
Page 2 of 23
Equipment means anything on a property which is capable of holding water,
including but not limited to, swimming pools, wading pools, hot tubs, tires,
cars, boats, garden fixtures and containers of any kind;
Ground Cover means organic or non-organic material that covers the
ground, and includes concrete, flagstone, gravel, asphalt, grass or other form
of landscaping;
Heritage Attribute means, in relation to real property, and to the buildings
on the real property, an attribute of the property, building or structure that
contributes to its cultural heritage value or interest and that is defined,
described or that can be reasonably inferred:
i.
in a By-law designating a property passed under Section 29, Part IV,
of the Ontario Heritage Act, and identified as a Heritage Attribute,
value, reason for designation or otherwise; or
ii.
in a Minister's order made pursuant to Section 34.5, Part IV of the
Ontario Heritage Act and identified as a Heritage Attribute, value,
reason for designation or otherwise; or
iii. in a By-law designating a heritage conservation district passed under
Section 41, Part V of the Ontario Heritage Act and identified as a
Heritage Attribute, value, reason for designation or otherwise; or
iv. in the supporting documentation required for a By-law designating a
heritage conservation district, including but not limited to a heritage
conservation district plan, assessment or inventory, and identified as a
Heritage Attribute, value, reason for designation or otherwise; or
v.
the elements, features or building components including roofs, walls,
floors, retaining walls, foundations and independent interior structures
and structural systems that hold up, support or protect the Heritage
Attributes and without which the Heritage Attributes may be at risk.
Heritage Permit means a permit issued by the City related to alteration
work on Heritage Property;
Heritage Property means a property designated under the Ontario
Heritage Act.
Inoperable Vehicle means a motor vehicle as defined by the Highway
Traffic Act, R.S.O. 1990, C.H. 8, as amended, that is not in good repair and
capable of being operated on a highway. It includes a vehicle that does not
display a valid vehicle permit license plate issued under the Highway Traffic
Act, as amended;
Last Known Address means the address which appears on the
Assessment Rolls of the City;
Manager, Heritage Planning means the Manager, Heritage Planning of the
City, or his/her designate;
Medical Officer of Health means the Medical Officer of Health for the
Region of York;
Nuisance means an injurious, offensive or objectionable condition;
By-law 2017-26
Page 3 of 23
Occupant means any person or persons over the age of eighteen (18) years
in possession of the property;
Officer means a Property Standards Officer of the City, duly appointed by
By-law to administer and enforce the provisions of this By-law;
Ontario Heritage Act means the Ontario Heritage Act, R.S.O. 1990, c.O.18
as amended, and any successor legislation;
Owner includes the person for the time being managing or receiving the rent
of the land or premises in connection with which the word is used whether on
the person's own account or as agent or trustee of any other person or who
would so receive the rent if such land and premises were let, and shall also
include a lessee or occupant of the property who, under the terms of a lease,
is required to repair and maintain the property in accordance with the
standards for maintenance and occupancy of property;
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 is divided into:
(a)
Non-Residential Property means property which is not occupied nor
capable of being occupied in whole or in part for the purpose of
human habitation,
(b)
Residential Property means property which is occupied or capable of
being occupied in whole or in part for the purposes of human
habitation; and
(c)
Vacant land means property on which there are no structures of any
kind but does not include open space land designated as such by the
City;
(d)
Heritage Property means real property, including all buildings,
structures and features thereon:
i. that has been designated by the City under Section 29 of the
Ontario Heritage Act, or that has been designated by the Minister
under Section 34.5 of the Ontario Heritage Act, or
ii. that is located within a heritage conservation district which has
been designated by the City under Section 41 of the Ontario
Heritage Act;
Repair includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the
property shall conform to the standards established in this By-law;
Sewerage system means the sanitary sewerage system or storm sewerage
system of Markham or the Regional Municipality of York, or an approved
private sewerage disposal system;
Standards means the standards prescribed in Parts I, II and III of this By-
law;
Vehicle means a motor vehicle, trailer, boat, motorized snow vehicle,
mechanical equipment, and any vehicle drawn, propelled or driven by any
kind of power, including muscular power;
Yard means the land, other than publicly owned land, around and
appurtenant to the whole or any part of a building and used or intended to be
used, or capable of being used in connection with the building.
By-law 2017-26
Page 4 of 23
3.
SEVERABILITY
If any section, subsection or part of this by-law or parts thereof, are declared
by any Court of Law to be bad, illegal or ultra vires, such section, subsection
or part or parts shall be deemed to be severable and all parts hereof are
declared to be separate and independent and enacted as such.
PART I
RESIDENTIAL PROPERTY STANDARDS
4.
This part prescribes the standards for every residential property
situated in the City.
5.
MAINTENANCE OF YARDS AND ACCESSORY BUILDINGS
(1)
A Yard shall be kept clean and free from:
(a)
rubbish or other debris; and,
(b)
refrigerators, freezers or similar appliances, whether operable
or inoperable; and,
(c)
objects or conditions that may create a health or safety hazard;
and,
(d)
standing water in any depression or Equipment.
(2)
Heavy undergrowth shall be removed from the Yard.
(3)
A Yard shall be cultivated or protected by suitable Ground Cover so
as to prevent the erosion of the soil.
(4)
Lawns, hedges and bushes shall:
(a)
be kept trimmed; and,
(b)
not be overgrown or unsightly.
(5)
Ground Cover shall not exceed a maximum height of 15 centimetres
(6 inches) or contain any invasive plant species as identified in the
Invasive Species Act,
2015.
(6)
No hedge shall be erected in a location which will, does or may, in the
opinion of the Officer:
(a)
adversely affect the safety of the public;
(b)
adversely affect the safety of vehicular or pedestrian traffic;
(c)
constitutes an obstruction of view for vehicular or pedestrian
traffic, but this does not prevent the erection of a hedge in the
location that is one metre or less in height.
(7)
All Property, including but not limited to, buildings, structures, fences
or other objects shall be kept free of graffiti, unsightly chalk or paint
marks and similar markings or defacements at all times.
6.
VEHICLES
By-law 2017-26
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(1)
Inoperable Vehicle shall not be parked, stored or left in any
Driveway, front, rear, side or exterior side Yard, except where the
City's Zoning By-law permits a related land use.
(2)
Nothing in subsection (1) prevents the Occupant of a residential
Property from repairing a Vehicle which is the occupant's own
Vehicle provided that:
(a)
there is only one (1) Vehicle being repaired; and,
(b)
the Vehicle is being actively repaired.
(3)
No Vehicle shall be used for the storage of garbage, rubbish, waste,
debris, inoperable equipment, materials, appliances, or similar items.
(4)
No Vehicle shall be parked in any Yard except on a maximum
permitted Driveway under the designated Zoning By-law.
7.
APPLIANCES
(1)
Refrigerators, freezers or similar appliances which are stored or left
on porches, decks or similar areas shall not have a self-latching or
self-locking device and shall be:
(a)
in working order; and,
(b)
secured with a locking device; and,
(c)
locked at all times except when actually being used and
supervised.
8.
SWIMMING POOLS
(1)
Every swimming pool shall be maintained:
(a)
in a clean and safe condition; and,
(b)
free from leaks and faulty components and equipment; and,
(c)
every purification system for a swimming pool shall be
maintained so that water in the pool is properly filtered and
purified so as not to present a health hazard.
(2)
Every swimming pool while not in use on a regular basis shall be
covered and protected to prevent stagnation of water and breeding of
mosquitoes.
9.
WASTE MANAGEMENT & STORAGE
(1)
Accumulations of material, wood, debris or other objects that create
an unsafe or unsightly condition or are deleterious to the neighbouring
environment shall be removed.
(2)
Nothing in this section shall prevent the Occupant of a residential
Property from having a composter or a neatly kept compost heap
provided that it is maintained free of offensive odours and kept in such
a condition that it will not attract insects, rats or other vermin.
(3)
Domestic storage, such as firewood, building materials, garden
equipment and materials may be stored in a rear or side Yard,
provided that:
By-law 2017-26
Page 6 of 23
(a)
such storage does not exceed 15 percent of the Yard area in
which it is stored; and,
(b)
such storage shall be neatly piled; and,
(c)
no such storage shall be permitted in the front Yard between
the front wall of the building and the street line.
(4)
Despite the requirements of this section, temporary storage of
materials or refuse resulting solely from the construction, demolition or
alteration of a building or part thereof may be placed on the Property,
provided that:
(a)
it is removed frequently and in its entirety from the Property;
and,
(b)
it will not cause risk to the health of safety of any persons; and,
(c)
it is not stored in an unsightly manner.
10.
SEWAGE AND DRAINAGE
(1)
Sewage or organic waste shall be discharged into a sewerage
system.
(2)
Untreated or inadequately treated sewage shall not be discharged on
to the surface of the ground whether into a natural or artificial
drainage system or otherwise.
(3)
Roof drainage or surface water shall:
(a)
be drained from the lands so as to prevent recurrent ponding or
entrance of water into a basement or cellar; and
(b)
not be directly discharged on sidewalks, stairs, or neighbouring
Property.
(4)
Sub-surface drainage shall be installed where there is recurring
excessive ponding caused by surface water.
(5)
Where eaves trough and downspouts are installed, the roof drainage
shall be discharged onto the ground at least 1.2 metres from the
building where physically possible.
(6)
Where eavestroughs, roof gutters and downspouts are installed, they
shall be kept in good repair, free from leaks, and securely fastened to
the building.
(7)
Catch basins shall be kept in good repair and free of debris and
obstructions which would prevent them from functioning properly.
11.
SAFE PASSAGE
(1)
All surfaced paths, sidewalks, patios, steps, ramps, building
entrances, Driveways and parking areas shall be:
(a)
maintained in a hole-free condition and free of any settlements
that might cause tripping; and,
(b)
maintained in a condition so as to afford safe passage by
pedestrians and motor vehicles in inclement weather, including
the removal of snow and ice; and,
(c)
adequately illuminated at night so as to afford safe use.
By-law 2017-26
Page 7 of 23
(2)
For the purposes of paragraph 1(b), the requirement to keep patios
free from snow does not apply unless the patio provides the only
access to a residential Property or accessory apartment.
12.
FENCES AND RETAINING WALLS
(1)
Fences, barriers and retaining walls shall be kept:
(a)
in good repair;
(b)
free from accident hazards;
(c)
protected by paint, preservative or other weather-resistant
material;
(d)
so as not to present an unsightly appearance; and
(e)
free of barbed wire.
(2)
No fence shall be erected in a location which will, does or may
constitute an accident hazard to vehicular or pedestrian traffic.
13.
ACCESSORY BUILDINGS
(1)
All Accessory Buildings shall be kept:
(a)
in good repair; and,
(b)
free from health and accident hazards; and
(c)
protected by paint, preservative or other weather-resistant
material.
MAINTENANCE OF DWELLINGS AND DWELLING UNITS
14.
PEST PREVENTION
(1)
A Dwelling shall be kept free of rodents, vermin, and insects at all
times and methods used for exterminating rodents or insects or both
shall be in accordance with the provisions of the Pesticides Act,
R.S.O. 1990, Chap. P. ll, as amended, and all regulations enacted
pursuant thereto.
15.
STRUCTURALLY SOUND
(1)
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 load to which it may be subject.
(2)
Materials or objects which have been damaged or show evidence of
rot or other deterioration shall be repaired or replaced.
(3)
If, in the opinion of the Officer, there is doubt as to the structural
condition and adequacy of a building or structure or parts thereof, the
Officer may order that such building or structure or parts thereof be
examined by a professional engineer, licensed to practice in Ontario
and employed by the Owner of the building or authorized agent, and
that a written report be submitted to the Officer, which report will
include drawings for any recommended remedial work designed by
the engineer, and the details of the findings of such examination.
By-law 2017-26
Page 8 of 23
16.
EXTERIOR WALLS
(1)
All exterior walls and their components shall be maintained so as to
prevent their deterioration due to weather or insects, and shall be so
maintained by:
(a)
painting, restoring or repairing of the walls, coping or flashing;
or
(b)
the waterproofing of joints and of the walls themselves.
(2)
The visible surface of all exterior walls shall consist of materials
commonly used or designed as building components.
(3)
Patching and repairs to exterior walls shall be made with the same or
visually similar material and shall blend with the existing adjacent
material or the whole shall be painted or clad to form a solid
appearance with the surrounding surface.
17.
FOUNDATIONS
(1)
The foundation walls shall be maintained in good repair and
structurally sound and shall be maintained by methods including but
not limited to shoring of the walls, installing of subsoil drains at the
footing, grouting masonry cracks, parging or waterproofing the walls.
(2)
Every Dwelling, unless the slab-on-grade type, shall be supported by
foundation walls or piers which extend below the frost line or to solid
rock.
(3)
All footings, foundation walls, piers, slabs-on-grade shall be of
masonry or other suitable material.
(4)
Subsections 18(2) and 18(3) shall not apply to Accessory Buildings
where the Building Code specifies that no foundation is required.
18.
ROOF
(1)
The roof, cornice, soffit, gables, fascia, flashing and coping shall be
maintained in a watertight condition so as to prevent leakage of water
into the Dwelling.
(2)
Any deteriorated or damaged roof shingles shall be replaced.
(3)
Dangerous accumulations of snow or ice shall be removed from the
roof.
(4)
All soffit and fascia components of a building shall be secured and
maintained in good repair and properly painted or otherwise treated.
(5)
Every chimney, smoke or vent stack and other roof structures shall be
maintained plumb and in good repair so as to be free from:
(a)
loose bricks, mortar and loose or broken capping; and,
(b)
loose or rusted stanchions, braces and attachments; and,
(c)
fire or accident hazard.
19.
DOORS AND WINDOWS
By-law 2017-26
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(1)
All exterior openings for doors or windows shall be fitted with doors or
windows.
(2)
Windows, exterior doors and basement or cellar hatchways shall be
maintained in good repair and properly fitted so as to prevent the
entrance of wind or rain into the Dwelling.
(3)
Doors, door frames, window frames, sashes, casings and weather-
stripping that have been damaged or show evidence of rot or other
deterioration shall be painted, repaired or replaced.
(4)
The following items shall be repaired or replaced:
(a)
missing glass;
(b)
broken glass;
(c)
missing door hardware;
(d)
defective door hardware;
(e)
missing window hardware; and
(f)
defective window hardware.
(5)
All windows in a Dwelling Unit shall be double glazed or provided
with storm windows or other approved means of minimizing heat loss
and infiltration, during the season in which heat is required.
(6)
Where screens are provided, they shall be maintained in good repair
so as to effectively prevent the entry of insects.
(7)
Garage doors shall be:
a)
kept in good repair and structurally sound; and,
b)
kept free from holes and cracks; and,
c)
able to open and close without impediment; and,
d)
able to open manually if there is an interruption in power or if
there is a mechanical failure; and,
e)
kept free from cracked or peeling paint or any other damaged
exterior finishing; and,
f)
kept free of any graffiti.
20.
STAIRS, PORCHES AND RAMPS
(1)
An outside stair or ramp shall be maintained so as to be free of holes,
cracks and other defects by replacing, repairing or painting.
(2)
Every porch, balcony and supporting structural member shall be
maintained so as to be free of rot, deterioration or other defects by
replacing, repairing or painting.
21.
REPAIR STANDARDS
(1)
All repairs to any Property shall be made in a manner that is
accepted as good workmanship in the respective building trades
concerned and with materials that are suitable and sufficient for the
purpose.
By-law 2017-26
Page 10 of 23
PART II
NON-RESIDENTIAL PROPERTY STANDARDS
22.
This part prescribes the Standards for non-residential Property
situated in the City.
23.
MAINTENANCE OF YARDS AND ACCESSORY BUILDINGS
(1)
A Yard shall be kept clean and free from:
(a)
rubbish or other debris; and,
(b)
refrigerators, freezers or similar appliances, whether operable
or inoperable; and,
(c)
objects or conditions that may create a health or safety hazard.
(d)
standing water in any depression or Equipment.
(2)
Heavy undergrowth shall be removed from any Yard.
(3)
All lawns, hedges and bushes shall:
(a)
be kept trimmed; and,
(b)
not be overgrown or unsightly.
(4)
Ground cover shall not exceed a maximum height of 15 centimetres (6
inches) or contain any invasive plant species as identified in the
Invasive Species Act,
2015.
(5)
The Yard shall be cultivated or protected by suitable Ground Cover
which prevents the erosion of the soil.
(6)
Every area of a Property, including loading areas and adjoining
municipal boulevard used for Vehicle traffic and parking shall be
suitably surfaced and defined by a curb with appropriate curb radius
and be:
(a)
kept free of dirt, surface dust and refuse; and,
(b)
adequately lighted; and
(c)
maintained in good repair.
(7)
All Property, including but not limited to, buildings, structures, fences
or other objects shall be kept free of graffiti, unsightly chalk or paint
marks and similar markings or defacements at all times.
24.
APPLIANCES
(1)
Refrigerators, freezers or similar appliances which are stored or left
on porches, decks or similar areas shall not have a self latching or
self-locking device and shall be:
(a)
in working order; and,
(b)
secured with a locking device; and,
(c)
locked at all times except when actually being used and
supervised.
25.
VEHICLES
By-law 2017-26
Page 11 of 23
(1)
Inoperable Vehicles shall not be parked, stored or left in any
Driveway, front, rear, side or exterior side Yard, except where the
City's Zoning By-law permits a related land use.
(2)
No Vehicle shall be used for the storage of garbage, rubbish, debris
or similar material.
26.
SEWAGE AND DRAINAGE
(1)
Sewage or organic waste shall be discharged into a sewerage
system.
(2)
Rain water from a roof area of five hundred (500) square feet (46.5
square metres) or more shall be conveyed to a storm sewer, and, if
such a storm sewer is not available, the rainwater shall be disposed of
in such a manner as not to create a Nuisance.
(3)
Roof drainage or surface water shall:
(a)
be drained from the lands so as to prevent recurrent ponding or
entrance of water into a basement or cellar; and
(b)
not be directly discharged on sidewalks, stairs, or neighbouring
Property.
(4)
Sub-surface drainage shall be installed where there is recurring
excessive ponding caused by surface water.
(5)
Where eaves trough and downspouts are installed, the roof drainage
shall be discharged onto the ground at least 1.2 metres from the
building where physically possible.
(6)
Where eaves troughs, roof gutters and downspouts are installed, they
shall be kept in good repair, free from leaks, and securely fastened to
the building.
(7)
Catch basins shall be kept in good Repair and free of debris and
obstructions which would prevent them from functioning properly.
27.
SAFE PASSAGE
(1)
All surfaced paths, sidewalks, patios, steps, ramps, building
entrances, Driveways and parking areas shall be:
(a)
maintained in a hole-free condition and free of settlements that
might cause tripping; and,
(b)
maintained in a condition so as to afford safe passage by
pedestrians and motor vehicles in inclement weather; including
the removal of snow and ice; and,
(c)
adequately illuminated at night so as to afford safe use.
28.
ACCESSORY BUILDINGS
(1)
All Accessory Buildings shall be kept:
(a)
in good repair; and,
(b)
free from health and safety hazards; and,
(c)
protected by paint, preservative or other weather-resistant
material.
By-law 2017-26
Page 12 of 23
29.
FENCES AND RETAINING WALLS
(1)
A fence shall be installed:
(a)
around the parking area of drive-in eating establishments,
except at the private approaches; and,
(b)
where conditions exist on non-residential Property where litter
is blown on to adjoining Property; and
(c)
and constructed in such a manner as to prevent all cartons,
wrappers, paper, rubbish and debris from blowing onto
adjoining Property.
(2)
All fences, barriers or retaining walls around or on non-residential
Property shall be kept:
(a)
in good Repair; and,
(b)
free from accident hazards; and,
(c)
protected by paint, preservative or other weather-resistant
material; and
(d)
so as not to present an unsightly appearance.
(3)
Where a business requires outdoor storage for any purpose, the area
shall be defined and enclosed with a fence which has a minimum
height of 1.2 metres.
30.
SIGNS
(1)
All signs, including their supporting members, shall be maintained in
good Repair and any signs which are excessively weathered or
faded, or those upon which the paint has excessively peeled or
cracked shall, be removed or put into a good and lawful state of repair
which conforms to this By-law.
31.
PEST PREVENTION
(1)
The Property shall be kept free of rodents, vermin and insects at all
times and methods used for exterminating rodents or insects or both
shall be in accordance with the provisions of the Pesticides Act,
R.S.O. 1990, Chap. P.11, as amended, and all regulations passed
pursuant thereto.
32.
STRUCTURALLY SOUND
(1)
Every part of a building shall be maintained in a structurally sound
condition so as to be capable of sustaining safely its own weight and
any load to which it may be subject.
(2)
Materials or objects which have been damaged or show evidence of
rot or other deterioration shall be repaired or replaced.
(3)
If, in the opinion of the Officer, there is doubt as to the structural
condition and adequacy of a building or structure or parts thereof, the
Officer may order that such building or structure or parts thereof be
examined by a professional engineer, licensed to practice in Ontario
and employed by the Owner of the building or authorized agent and
that a written report, be submitted to the Officer, which report will
By-law 2017-26
Page 13 of 23
include drawings for any recommended remedial work designed by
the engineer and the details and findings of such examination.
33.
EXTERIOR WALLS
(1)
All exterior walls and their components shall be maintained so as to
prevent their deterioration due to weather or insects, and shall be so
maintained by:
(a)
painting, restoring, or repairing of the walls, coping or flashing;
or
(b)
the waterproofing of joints and of the walls themselves.
(2)
All exterior surfaces shall be of materials which by themselves or
when treated provide adequate protection from the weather.
(3)
All canopies, marquees, signs, awnings, stairways, stand pipes,
exhaust ducts, and similar overhang extensions shall be:
(a)
maintained in good Repair; and,
(b)
properly anchored; and,
(c)
protected from the elements and against decay and rust by the
periodic application of a weather coating material such as paint
of other protective treatment.
(4)
All air conditioners which are installed and operated directly over a
public sidewalk shall be equipped with proper devices for the
prevention of condensation drainage upon the sidewalk.
(5)
All air conditioners shall be maintained in a safe mechanical and
electrical condition.
(6)
The visible surface of all exterior walls shall consist of materials
commonly used or designed as building components.
(7)
Patching and repairs to exterior walls shall be made with the same or
visually similar material and shall blend with the existing adjacent
material or the whole shall be painted or clad to form a solid
appearance with the surrounding surface.
34.
FOUNDATIONS
(1)
The foundation walls shall be maintained in good Repair and
structurally sound and shall be maintained by methods including but
not limited to shoring of the walls, installing of subsoil drains at the
footing, grouting masonry cracks, parging or waterproofing the walls.
(2)
Every building, unless the slab-on-grade type, shall be supported by
foundation walls or piers which extend below the frost line or to solid
rock.
(3)
All footings, foundation walls, piers, slabs-on-grade shall be of
masonry or other suitable material.
(4)
Subsections 37(2) and 37(3) shall not apply to accessory buildings
where the Building Code specifies that no foundation is required.
35.
ROOF
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(1)
The roof, cornice, soffit, gables, fascia, flashing and coping shall be
maintained in a watertight condition so as to prevent leakage of water.
(2)
Any deteriorated or damaged roof shingles shall be replaced.
(3)
Dangerous accumulations of snow or ice shall be removed from the
roof.
(4)
All soffit and fascia components of a building shall be secured and
maintained in good repair and properly painted or otherwise treated.
(5)
Every chimney, smoke or vent stack and other roof structures shall be
maintained plumb and in good Repair so as to be free from:
(a)
loose bricks, mortar and loose or broken capping;
(b)
loose or rusted stanchions, braces and attachments;
(c)
fire or accident hazard.
36.
DOORS AND WINDOWS
(1)
All exterior openings for doors and windows shall be fitted with doors
or windows.
(2)
Windows, exterior doors, and basement or cellar hatchways shall be
maintained in good Repair so as to prevent the entrance of wind or
rain into the building.
(3)
Doors, door frames, window frames, sashes, casings, garage doors
and weather-stripping that have been damaged or show evidence of
rot or other deterioration shall be painted, repaired or replaced.
(4)
Broken glass and missing or defective door and window hardware
shall be repaired or replaced.
(5)
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 building.
(6)
Where screens are provided, they shall be maintained in good repair
so as to effectively prevent the entry of insects.
(7)
Garage doors shall be:
a)
kept in good Repair and structurally sound; and,
b)
kept free from holes and cracks; and,
c)
able to open and close without impediment; and,
d)
able to open manually if there is an interruption in power or if
there is a mechanical failure; and,
e)
kept free from cracked or peeling paint or any other damaged
exterior finishing; and,
f)
kept free of any graffiti.
37.
STAIRS, PORCHES AND RAMPS
(1)
An outside stair or ramp shall be maintained so as to be free of holes,
cracks and other defects by replacing, repairing or painting.
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38.
REPAIR STANDARDS
(1)
All Repairs to any premises shall be made in a manner that is
accepted as good workmanship in the respective building trades
concerned and with materials that are suitable and sufficient for the
purpose.
PART III
HERITAGE BUILDINGS
39.
HERITAGE BUILDINGS
(1)
In addition to the minimum standards for the maintenance and
security of Property in the City as set out in this By-law, the following
minimum standards listed in Sections 40 to 46 apply to the
maintenance and security of all buildings and structures on properties
that are:
a)
designated under Section 29 or 34.5 of the Ontario Heritage
Act, or
b)
situated within a heritage conservation district, designated
under Section 41 of the Ontario Heritage Act.
40.
HERITAGE ATTRIBUTES
(1)
In addition to all of the requirements and minimum Standards for the
maintenance, and security of Property set out in this Part III and
elsewhere in this By-law, the Owner or Occupant of a Heritage
Property shall:
a)
maintain, preserve and protect the Heritage Attributes so as
to retain the heritage character, and the visual and structural
heritage integrity of the building or structure; and
b)
maintain the Property, including those components of the
Property that hold up, support or protect the Heritage
Attributes in a manner that will ensure the on-going protection
and preservation of the existing Heritage Attributes.
41.
ALTERATIONS OF HERITAGE ATTRIBUTES
(1)
Despite any other provisions of this By-law, in the case of buildings
and structures located on properties that have been designated under
Section 29, 34.5 or 41 of the Ontario Heritage Act, no Owner or
Occupant shall alter the Property or permit the alteration of the
Property if the alteration is likely to affect the property's Heritage
Attributes, unless the Owner has acquired a Heritage Permit or
other form of written consent from the City in accordance with the
Ontario Heritage Act.
42.
REPAIR OF HERITAGE ATTRIBUTES
(1)
Despite any other provisions of the By-law, where a Heritage
Attribute of a Heritage Property can be repaired, the Heritage
Attribute shall not be replaced and shall be repaired:
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a)
in a manner that minimizes damage to the Heritage Attribute
and is consistent with recognized conservation standards, best
practices and processes for the conservation of built heritage
resources;
b)
in a manner that maintains the design, finishes, form, physical
appearance, colour, texture, grain and other distinctive features
and qualities of the Heritage Attribute;
c)
using the same types of material as the original material being
repaired and in keeping with the design, finishes, form, physical
appearance, colour, texture, grain and other distinctive features
and qualities of the original material; and
d)
where the same types of material as the original material are
no longer available, using alternative materials, subject to
review and approval by the Manager, Heritage Planning, that
replicate the design, finishes, form, physical appearance,
colour, texture, grain and other distinctive features and qualities
of the original material.
43.
REPLACEMENT OF HERITAGE ATTRIBUTES
(1)
Despite any other provisions of this By-law, and subject to the
Ontario Heritage Act and the Building Code, where it can be
demonstrated to the Manager, Heritage Planning that the Heritage
Attribute of a Heritage Property cannot be repaired, the Heritage
Attribute shall be replaced:
a)
using the same types of materials, as the original in a manner
that replicates the design, finishes, form, physical appearance,
colour, texture, grain and other distinctive features and qualities
of the Heritage Attribute being replaced.
b)
where the same types of materials as the original are no longer
available, using alternative or substitute materials and finishes,
that replicate the design, finishes, form, physical appearance,
colour, texture, grain and other distinctive features and qualities
of the Heritage Attribute being replaced.
44.
UNSAFE
(1)
Where a building or structure on a Heritage Property has been
deemed unsafe and the necessary remedial measures to address the
unsafe condition of the building or structure are being undertaken, the
Owner shall ensure that all necessary measures are taken to protect
the Heritage Attributes and prevent damage or further damage to the
Heritage Attributes.
(2)
If, in the opinion of the Officer, there is doubt as to the structural
condition and adequacy of a building or structure or parts thereof, the
Officer may order that such building or structure or parts thereof by
examined by a professional engineer, licensed to practice in Ontario
and a member of the Canadian Association of Heritage Professionals
and employed by the Owner or authorized agent, and that a written
report be submitted to the Officer, which report will include drawings
for any recommended remedial work designed by an engineer, and
details of the findings of such examination
45.
DEMOLITION
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(1)
Despite any other provision of this By-law, or the Building Code, no
building or structure located on Property that has been designated
under Section 29, 34.5 or 41 of the Ontario Heritage Act may be
altered or cleared, including but not limited to removed, demolished or
relocated except in accordance with the Ontario Heritage Act.
(2)
Upon completion of demolitions and removals of structures, the
affected site shall be cleared and cleaned of debris, graded, left free
from holes or excavations and provided and maintained with a
suitable ground cover.
46.
CONFLICT
(1)
If there is a conflict between this Part III and any other provision in this
By-law or any other City By-law, the provision that establishes the
highest standard for the protection of Heritage Attributes shall
prevail.
PART IV
GENERAL
47.
PROCEDURES FOR ENFORCEMENT
(1)
This part applies to the whole of the City.
48.
ADMINISTRATION AND ENFORCEMENT
(1)
The City may from time to time appoint Property Standards Officers
and such other clerks and staff as may be necessary to carry out the
administrative functions of this by-law including the enforcement
thereof.
49.
INSPECTIONS
(1)
An Officer and any person acting under the Officer's instructions
may, without a warrant, enter and inspect a Property to determine:
a)
whether the Property conforms to the Standards prescribed in
this By-law;
b)
whether an order made under this By-law has been complied
with; and
c)
whether an order made under section 15.7 of the Building
Code Act, as amended, has been complied with.
(2)
Where the inspection is conducted by the Officer or any person
acting under the Officer's instructions, the person conducting the
inspection may:
a)
require the production for inspection of documents or things
relevant to the inspection;
b)
inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
c)
require information from any person concerning a matter
related to the inspection including their name, address, phone
number and identification;
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d)
alone or in conjunction with a person possessing special or
expert knowledge, make examinations or take tests, samples
or photographs necessary for the purposes of the inspection;
and
e)
order the Owner of the Property to take and supply at the
owner's expense such tests and samples as are specified.
50.
PROPERTY STANDARDS COMMITTEE
(1)
A Property Standards Committee is hereby established by the City
pursuant to section 15.6 of the Building Code.
(2)
The Committee shall be composed of five (5) members of the public
and the Committee shall be appointed by City Council in accordance
with City procedure for the appointment to Boards, Committees and
Authorities.
(3)
The term of office for the members of the Committee shall be for four
(4) years.
(4)
All members shall serve their terms of office as required until
reappointed or replaced by the City.
(5)
The Committee shall elect a chairperson from its members.
(6)
When the chairperson is absent through illness or otherwise, the
Committee may appoint another member to act as chairperson pro
tempore.
(7)
Three (3) members of the Committee shall constitute a quorum.
(8)
Any member of the Committee may administer oaths.
(9)
A member of City Council or an employee of the City or of a local
board thereof is not eligible to be a member of the Committee.
(10)
The secretary shall keep on file minutes and records of all
applications and the decisions thereon and of all other official
business of the Committee.
51.
ORDER AND APPEAL TO COMMITTEE
(1)
An Officer may make an order pursuant to sections 15.2 or 15.7 of
the Building Code.
(2)
An order may be registered in the proper Land Registry Office and,
upon such registration, any Person acquiring any interest in the land
subsequent to the registration of the order shall be deemed to have
been served with the order on the date on which the order was
originally served and, when the requirements of the order are found to
have been satisfied, the Clerk shall forthwith register in the proper
Land Registry Office a certificate that such requirements have been
satisfied, which shall operate as a discharge of the order.
(3)
When the Owner or Occupant upon whom an order pursuant to
section 15.2 of the Building Code, has been served is not satisfied
with the terms or conditions of the order, the Owner or Occupant
may appeal to the Committee, by sending notice of appeal by
registered mail to the secretary of the Committee within fourteen (14)
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days after service of the order, and, in the event that no appeal is
taken, the order shall be deemed to be confirmed.
(4)
The secretary of the Committee, upon receipt of the notice of appeal
shall:
(a)
determine the date, place and time of the hearing of the appeal
which shall take place not less than seven (7) days from the
date of receipt of the aforesaid notice; and
(b)
give notice in writing of the date, place and time of the hearing
to:
(i)
the appellant; and,
(ii)
the Officer who issued the order; and.
(iii)
any other as the Committee considers advisable.
(5)
The Committee shall:
(a)
hear the appeal at the date, place and time set out in the
notice; and,
(b)
have all the powers and functions of the Officer who made the
order.
(6)
The Committee may adopt its own rules of procedure.
(7)
The Committee may:
(a)
confirm the order; or,
(b)
modify or rescind the order; or,
(c)
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 of the City are maintained.
(8)
The Committee shall give its decision in writing.
(9)
The secretary of the Committee shall notify:
(a)
the appellant; and,
(b)
the Officer who issued the order; and,
(c)
any other person who appeared at the hearing of the appeal, of
the decision, by causing a copy to be served personally or by
registered mail.
52.
CERTIFICATE
(1)
Following the inspection of a Property an Officer may, or on the
request of an Owner shall, issue to the Owner a Certificate of
Compliance if, in the opinion of the Officer, the Property is in
compliance with the Standards set out in this By-law.
(2)
A fee shall be payable to the City prior to the issuance of a Certificate
of Compliance where it is issued at the request of the Owner, in the
amount prescribed by Schedule "B" to this By-law.
53.
DUTIES OF OWNER AND REMEDIATION BY CITY
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(1)
Every Owner shall ensure that the Dwelling or Property of the
Owner is maintained in accordance with the provisions of this By-law.
(2)
Every person to whom an order is issued or who is required to do or
abstain from doing anything by or pursuant to this By-law shall obey
such order or do or abstain from doing such thing as required.
(3)
Every Property that does not conform with the Standards shall be
repaired and maintained to conform with the Standards or the site
shall be cleared of all buildings, structures, debris or refuse and left in
graded and levelled condition.
(4)
If an order of an Officer is not complied with in accordance with the
order as deemed confirmed or as confirmed or modified by the
Committee or a judge, the City may cause the Property to be
repaired or demolished accordingly and the amount spent on the
Repair or demolition may be added to the collector's roll and collected
in the same manner and with the same priorities as municipal real
property taxes.
(5)
Notwithstanding subsections 53(3) and 53 (4), no building or structure
on a Heritage Property may be altered or cleared, including but not
limited to removed, demolished or relocated, except in accordance
with the Ontario Heritage Act.
54.
PROCEEDING CONTINUED
(1)
All proceedings taken pursuant to City By-law Number 63-83, as
amended, shall be taken up and continued under and in conformity
with the provisions of this by-law so far as consistently may be
possible.
(2)
In the recovery or enforcement of penalties and forfeitures incurred, or
in any other proceeding in relation to matters that have happened
before the repeal of By-law Number 63-83, as amended, the
procedure established by this By-law shall be followed so far as it can
be adopted.
55.
CONFLICT
(1)
To the extent that any provision of this By-law conflicts with, or does
not incorporate the provisions of Sections 15.1 to 15.8 of the Building
Code Act or other enabling legislation, the said Act or other enabling
legislation shall prevail and apply to the provisions of this By-law.
56.
OFFENCE AND PENALTY
(1)
No person shall hinder or obstruct, or attempt to hinder or obstruct, an
Officer in the exercise of a power or the performance of a duty under
this By-law.
(2)
An Owner who fails to comply with an order that is final and binding
under this By-law is guilty of an offence under of Section 36(1) of the
Building Code Act and is liable to a penalty or penalties as set out in
section 36 of that Act.
57.
COLLECTION OF UNPAID FINES
57.1 Pursuant to Subsection 441.1 of the Municipal Act, 2001, the
treasurer of a municipality may add any part of a fine for a
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commission of a provincial offence that is in default under Section 69
of the Provincial Offences Act to the tax roll for any property in the
local municipality of which all of the owners are responsible for.
58.
REPEAL
58.1 By-law Number 248-1999 of The Corporation of the City of Markham,
as amended, is hereby repealed in its entirety.
Read a first, second, and third time and passed on April 25, 2017.
"Kimberley Kitteringham"
"Frank Scarpitti"
________________________________
__________________________
Kimberley Kitteringham
Frank Scarpitti
City Clerk
Mayor
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SCHEDULE "A" TO BY-LAW 2017-26
THE CORPORATION OF THE CITY OF MARKHAM
NOTICE RE: SUB-STANDARD PROPERTY
This Property has been found not be
in conformity with the Standards established by
Property Standards By-law Number.
Any person who pulls down or defaces this placard
is liable to a penalty not exceeding $500.00
DATED AT MARKHAM THIS DAY OF , .....
PROPERTY STANDARDS OFFICER
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SCHEDULE "B" TO BY-LAW 2017-26
FEE SCHEDULE FOR ISSUANCE OF CERTIFICATE OF COMPLIANCE
CATEGORY
Residential Property
Multiple Commercial
and Industrial
Buildings
Number of Inspected
Units per Building
Charge
1-2 units
$50.00 per unit
more than 2 - not more
than 5 units
$40.00 per unit
more than 5 - not more
than 15 units
$200.00 plus $15.00 per
unit above 5th unit
more than 15 - not more
than 25 units
$300.00 plus $10.00 per
unit above the 15th unit
more than 25 units
$400.00 plus $5.00 per unit
above the 25th unit
Free Standing
Industrial and
Commercial Buildings
(Single Occupancy)
$50.00 per 98 square
metres (1,000 square feet)
$200.00 minimum
Vacant and Derelict
Property
$100.00