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'EST. 1872
BY-LAW NO. 2022-35
DATE: June 1, 2022
MOVED BY: Councillor Constable
SECONDED BY: Councillor Gregory
THAT By-law No.
2022-35
Being a By-law for prescribing standards for the maintenance
and occupancy of property within the Municipality of
McDougall, for prohibiting the occupancy or use of such
property that does not conform to the standards, and for
requiring property below the standards prescribed herein to
be repaired and maintained to comply with the standards or
the land thereof to be cleared of all buildings, structures,
debris or refuse and left in a graded and leveled condition,
and to repeal By-law 2012-18.
be introduced and read a FIRST and SECOND time.
Carried
Defeated
MOVED BY: Councillor Gregory
SECONDED BY: Councillor Constable
Signature
Signature
THAT By-law No. 2022-35 be read a THIRD time, PASSED, SIGNED and
SEALED this I
day of -^Liyi^ , 2(^2?.
Carried.
Signature
Defeated
Signature
DIVISION LIST
First and Second Reading
Councillor Constable
Councillor Gregory
Councillor Malott
Councillor Ryman
Mayor Robinson
Third Reading
Councillor Constable
Councillor Gregory
Councillor Matott
Councillor Ryman
Mayor Robinson
FOR
AGAINST
The Corporation of the Municipality of
McDougall BY-LAW NO. 2022-35
Being a By-law for prescribing standards for the maintenance and
occupancy of property within the Municipality of McDougall, for
prohibiting the occupancy or use of such property that does not
conform to the standards, and for requiring property below the
standards prescribed herein to be repaired and maintained to
comply with the standards or the land thereof to be cleared of all
buildings, structures, debris or refuse and left in a graded
and leveled condition, and to repeal By-law 2012-18.
WHEREAS subsection 15.1(3) of the Building Code Act, 1992, S.O. 1992, c.23, permits the
Council of a municipality to pass a by-law prescribing standards for the maintenance and
occupancy of property within the municipality and for prohibiting the occupancy or use of such
property that does not conform with the standards;
AND WHEREAS subsection 15. 1(3) of the Building Code Act, 1992 also permits said by-law to
require property that does not conform with the standards to be repaired and maintained to
conform with the standards or the site to be cleared of all buildings, structures, debris or refuse
and left in a graded and leveled condition;
AND WHEREAS the Corporation of the Municipality of McDougall has in effect an "Official Plan"
that includes provisions relating to property conditions and standards;
AND WHEREAS The Council of The Corporation of the Municipality of McDougall deems it
necessary and in the public interest to enact a by-law prescribing standards for the
maintenance and occupancy of the property within the Municipality;
NOW THEREFORE the Council of The Corporation of the Municipality of McDougall
hereby 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 Buildine"means a detached subordinate building on the same lot as the main
building;
"Committee" means the Property Standards Committee established pursuant to the provisions
of this by-law:
'Dwellinfi" shall mean a building or structure or part of a building or structure occupied or
capable of being occupied in whole or in part for the purpose of human habitation and includes
the land and premises appurtenant thereto and all 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
form 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.
Grass means the manicured area of a lawn;
'Habitable Room" means any room in a dwelling unit used for, or capable of being used for,
living, cooking, sleeping or eating purposes;
'Last Known Address" means the address, which appears on the Assessment Rolls of the
Municipality.
lawm^_ means the landscaped and manicured area of a yard for the purposes of growing grass;
Means of Egress" means a continuous, unobstructed path of travel provided by a 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;
'Medical Officer of Health" means the Medical Officer of Health for the District of North Bay -
Parry Sound.
'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 travel between storeys, and basement or part thereof which does not
comply with the standards of fitness for occupancy set out in this By-law;
'Nuisance" means an injurious, offensive or objectionable condition;
'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 Corporation, duly appointed by by-law to
administer and enforce the provisions of the by-law; or a By-law Enforcement Officer of the
Corporation; or the Chief Building Official of the Corporation;
.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 leased, 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)
"Commercial Property" means property, which is occupied but not for the purpose of
human habitation; but may be capable of being occupied in whole or in part for the
purpose of human habitation as part of a multi-use occupancy.
(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 Municipality.
"Repair" includes the provisions of such facilities and 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;
Rubbish" means refuse, garbage, household or commercial waste, and building material
waste;
"Standards" means the standards prescribed in Parts I, II and III of this by-law:
"Municipality" means the Corporation of the Municipality of McDougall;
Vehicle" includes 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 intended to be used, or capable of being used in connection
with the building and is generally considered the landscaped and or manicured area to used by
the occupants on a regular basis.
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 1
PROPERTY STANDARDS
4.
5.
(D
(2)
This prescribes the standards for every property situated in the Municipality of
McDougall.
MAINTENANCE OF YARD
A yard shall be kept clean and free from:
(a) Rubbish;
(b) refrigerators, freezers or similar appliances, whether operable or inoperable.
A yard shall be cultivated or protected by suitable ground cover so as to prevent the
erosion of the soil.
(3)
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) affect the safety of vehicular or pedestrian traffic, or
(c) constitute an obstruction of view for vehicle or pedestrian traffic, but this does not
prevent the erection of a hedge in the location that is one metre or less in height.
6.
VEHICLES
(1)
Any vehicle, which is in a wrecked, discarded, unlicensed as normally required under the
Highway Traffic Act, dismantled, inoperative or in an abandoned condition, shall not be
parked, stored or left in any driveway or yard.
(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)
An unlicensed vehicle may be kept for the purposes of winter snow removal but must be
stored in the rear yard when not in seasonal use.
7.
APPLIANCES
Refrigerators, freezers or similar appliances which are stored or left on porches, decks or
similar areas shall not have a self-locking device and shall be:
(a) in working order;
(b) secured with a locking device; and
(c) locked at all times except when actually being used and supervised.
8.
WASTE MANAGEMENT & STORAGE
(1)
Domestic storage, such as firewood, building materials, garden equipment and materials
may be permitted, provided that:
(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.
(2)
Despite the requirements of this section, temporary storage of materials or refuse
resulting solely from the construction, demolition or alteration of a building on the same
property, or part thereof may be placed on the property, provided that:
(a) it is removed frequently and in its entirely from the property;
(b) it will not cause risk to the health of safety of any persons; and
(c) it is not stored in an unsightly manner.
9.
SEWAGE AND DRAINAGE
(1)
Sewage or organic waste shall be discharged into a sewage 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
rain water shall be disposed of in such a manner as not to create a nuisance.
(3)
Catch basins shall be kept in good repair and free of debris and obstructions which
would prevent them from functioning properly.
10.
FENCES AND RETAINING WALLS
(1)
Fences, barriers and retaining walls shall be kept:
(a) in good repair;
(b) free from accident hazards;
(c) so as not to present an unsightly appearance; and
(d) free of barbed wire in a residential area.
(2)
Unsightly chalk marks and similar markings or defacement on the exterior surfaces of
fences shall be removed and the fences refinished when necessary.
(3)
No fences shall be erected in a location, which will, does or may constitute an accident
hazard to vehicular or pedestrian traffic.
11.
ACCESSORY BUILDINGS
All accessory buildings shall be kept:
(a) in good repair;
(b) free from health and accident hazards
MAINTENANCE OF BUILDINGS. DWELLINGS ANDDWELUNG UNITS
12.
(D
(2)
(3)
13.
(D
(2)
(3)
STRUCTURAL SOUNDNESS
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.
Materials or objects, which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
If, in the opinion of the officer, there is doubt as to the structural condition and
adequacy of a building of 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.
EXTERIOR WALLS
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 painting,
restoring or repairing of the walls, coping or flashing; or
The visible surface of all exterior walls shall consist of materials commonly used or
designed as building components.
Patching and repairs to exterior waits 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 from a solid appearance with the surrounding surface.
14.
DOORS AND WINDOWS
(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 property fitted so as to prevent the entrance of wind or rain into the
dwelling.
15.
REPAIR STANDARDS
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.
16.
SIGNS
All signs, including their supporting members, shall be maintained if 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
which conforms to this by-law.
17.
STRUCTURALLY SOUND
(1)
Every part of a building shall be maintained in a structurally sound condition so as to be
capable of sustaining safety 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 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 detail and findings
of such examination.
18.
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,
(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 or other protective treatment.
(4)
The visible surface of all 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 surrounding surface.
(5)
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.
(6)
Appropriate measures shall be taken to remove any unsightly markings, stains or other
defacement occurring on an exposed exterior surface and, where necessary, to restore
the surface as nearly as possible to its original conditions.
19.
REPAIR STANDARDS
All repairs to any premises shall be made in a manner that is accepted as a good
workmanship in the respective building trades concerned and with materials that are
suitable and sufficient for the purpose.
PART II
VACANT LAN D
20.
This part prescribes the standards for vacant land situated in the Municipality of
McDougall.
21.
Vacant land shall be kept clean and free from rubbish, including vehicles, automobile
parts, furniture, or other objects.
PART 111-GENERAL
PROCEDURES FOR ENFORCEMENT
22.
This part applies to the whole of the Municipality of McDougall.
23.
ADMINISTRATION AND ENFORCEMENT
The Corporation 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 .Furthermore, By-law Enforcement
Officers of the Corporation are considered duly appointed Property Standards Officers
at hiring and are the general enforcement personnel administering this by-law in
conjunction with the Chief Municipal Enforcement Officer.
24.
(D
(2)
PROPERTY STANDARDS COMMITTEE
A Property Standards Committee is hereby established pursuant to section 15. 6 of the
Building Code Act, 1992.
The Committee shall be composed of three (3) persons, who are ratepayers in the
Municipality, and the Committee shall be appointed by Municipality Council in
accordance with Municipality procedures for the appointment to Boards, Committees
and Authorities.
(3)
The terms of office for the members of the Committee shall be the term of Council four
(4) years.
(4)
Alt members shall serve their terms of office as required until reappointed or replaced
by the Municipal council.
(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)
Two (2) member of the Committee shall constitute a quorum.
(8)
Any member of the Committee may request an oath of truth to persons appearing
before the committee.
(9)
A member of the Council or an employee of the Municipality or 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.
25.
ORDER AND APPEAL TO COMMITTEE
(1)
An Officer may make an order pursuant to sections 15.2 or 15.7 of the Building Code
Act. 1992.
(2)
When the owner or occupant upon whom an order pursuant to section 15. 2 of the
Buildine Code Act. 1992. has been served is not satisfied with the order or the terms or
conditions thereof, 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) days after service of the order, and, in the event that no appeal is taken, the order
shall be deemed to be confirmed.
(3)
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 then 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;
(ii)
the officer who issued the order; and
(iii)
any other as the Committee considers advisable.
(4)
The Committee shall:
(a) hear the appeal at the date, place and time set out in the notice; and
(b) have other as the Committee considers advisable.
(5)
The Committee may adopt its own rules of procedure.
(6)
The Committee may:
(a) confirm the order;
(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 municipality are maintained.
(7)
The Committee shall give its decision in writing.
(8)
The secretary of the Committee shall notify:
(a) the appellant;
(b) the officer who issued the order; and
(c) any other person who appeared at the hearing of the appeal, of the decision, by
causing a copy to be served personally or by registered mail.
26.
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 with the standards set out in this
by-law.
(2)
A fee shall be payable to the municipality 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 "A" to this by-law.
27.
DUTIES
(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 things as required.
28.
PENALTIES
Any person who obstructs or interferes with an officer or with another person acting
under an Officer's instructions, or
Any person who removes or defaces any sign, notice or placard placed on any premises
by an Officer, or
Every person who contravenes any provisions of this By-law is guilty of an offence and
upon conviction is liable to penalties in accordance with section 36 of the Building Code
Act, S.0. 1992. C. 23, as amended, for each offence committed.
29.
MUNICIPAL LIEN
If an Order of an Officer under subsection 15.2(2) is not complied with resulting in
assessment and repair cost paid out by the Municipality or other expenses, the
Municipality shall have a priority lien on the land and the amount shall be added to the
tax roll against the property and collected in the same manner as property taxes in
accordance with 15.4(4) of the Building Code Act. S.O. 1992, c23 and the Municipal Act,
2001.
30.
VALIDITY
If an article of this By-law is for any reason held to be invalid, the remaining articles shall
remain in effect until repealed.
Where a provision of this By-law conflicts with the provision of another By-law in force
within the Municipality, the provisions that establish the higher standards to protect the
health, safety and welfare of the general public shall prevail.
This By-law may be referred to as "The Property Standards By-Law".
By-Law ff 2012-18 and all amendments thereto are hereby repealed.
This By-law shall come into effect on the day of final passing.
31.
TITLE
This By-Law may be referred to as "The Property Standards By-Law".
READ a FIRST and SECOND time this I day of'5uA^ , 2022.
r^r^o IA
Mayor
Clerk
s<
READ a THIRD time, PASSED, SIGNED and SEALED this I
day of^t.<^< , 2022
H^C IAA^I
Mayor
&Ierk
SCHEDULE "A" TO BY-LAW NO. 2022-35
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGAU.
FEE SCHEDULE FOR ISSUANCE OF CERTICATE OF COMPLIANCE
CATEGORY
Residential Property
Multiple Commercial and
Industrial Buildings
Free Standing Industrial
And Commercial Buildings
(Occupancy)
Vacant and Derelict Property
Number of Inspected Units
per Building
1-2 units
More than 2-not more than 5 units
More than 5-not more than 15 units
More than 15-not more than 25 units
More than 25 units
COST
Charge
$125
$150
$175
$200
$250
Sl31S
Sl:B5
"Charges are based on estimated recoverable cost of staff time to administer**