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THE CORPORATION OF THE TOWNSHIP OF MELANCTHON
BY-LAW NUMBER 27 -2019
BEING A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF
PROPERTY WITHIN THE TOWNSHIP OF MELANCTHON, 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 LEVEL CONDITION.
WHEREAS under Section 15.1 (3) of the Building Code Act, 1992, S.O. 1992, c.23, a By-law
may be passed by the Council of a Municipality prescribing standards for the maintenance
and occupancy of property within the municipality, provided the Official Plan for the
Municipality includes provisions relating to property conditions;
AND WHEREAS the Official Plan for the Corporation of the Township of Melancthon
includes provisions relating to property conditions
NOW THEREFORE the Council of the Corporation of the Township of Melancthon
hereby enacts as follows:
Section 1
Title
1.1
This By-law may be cited as the "Property Standards By-law".
Section 2
Definitions
2.1
In this By-law:
"Accessory Building" means a detached building located on the same lot as the main building,
the use of which is incidental or secondary to that of the main building and which is not used
for human habitation, except in the case of a guest cabin.
"Barn" means a building located on a farm to house livestock and/or hay and straw and/or
farm machinery and implements.
"Basement" means that portion of a building between two floor levels which is partly
underground, but which at least 0.5 metres of its height, from finished floor to finished ceiling,
is above the adjacent finished grade.
"Building" means any structure as defined by the Ontario Building Code Act, S.O. 1992, used or
intended to be used for shelter, accommodation or enclosure of persons, animals or chattels
other than a fence or wall.
"Cellar" means the portion of a building between two floor levels which is partly or wholly
underground and which has less than 0.5 metres of its height, from finished floor to finished
ceiling, above adjacent finished grade.
"Committee" means the Property Standards Committee established under this By-law.
"Corporation" means the Corporation of the Township of Melancthon.
"Derelict Vehicle" means a motor vehicle that:
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a) is inoperable, and
b) has no market value as a means of transportation or, has a market value as a means of
transportation that is less than the costs of repairs required to put it into operable condition.
"Dwelling" means a building or structure or part of a building or structure occupied or capable
of being occupied in whole or in part for the purposes of human habitation and includes the
land, all outbuildings, fences and structures appurtenant thereto.
"Dwelling Unit" means one or more habitable rooms designed, occupied or intended to be
occupied as living quarters. This definition shall not include a mobile home, a private garage or
any vehicle as defined herein.
"Farm" means land used for the tillage of soil, the growing of vegetables, fruits, grains or other
staple crops. This definition shall also apply to land used for livestock raising, dairying, including
a barn yard, or woodlots.
"Lot" means a parcel of land other than publicly-owned land, whether occupied or unoccupied.
"Maintenance" means the preservation and keeping in repair of a property.
"Means of Egress" means a continuous path of travel provided by a doorway, hallway, corridor,
exterior passageway, balcony, lobby, stair, ramp or other egress facility for the escape of
persons from any point within a building, floor area, room or contained open space used as a
dwelling unit to a public thoroughfare or approved open space.
"Occupant" means any person(s) over the age of eighteen years in possession of the property.
"Officer or Property Standards Officer" means a person who has been so appointed or
designated by the Corporation and having the responsibility of administering and enforcing this
By-law
"Owner" means any person or corporation that is the registered or beneficial holder of the title
of the property and would include the person for the time being, who is managing or receiving
the rent of the land or premises, whether on his own account or as agent or trustee of any
other person or who would so receive the rent if such land and premises were let, and shall also
include a lessee of an occupant of the property who, under the terms of the 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 building or structure, and includes the
lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile
structures, travel trailers, vans, inoperable vehicles, equipment, outbuildings, accessory
buildings, fences and erections thereon whether heretofore or hereafter erected, and includes
vacant property.
"Repair" includes the provision of such facilities and the making or additions or alterations or
the taking of such action as may be required so that the property shall conform to the
standards established by this By-law.
"Rubbish" means any waste material, refuse, broken matter, trash or litter.
"Sewage" means any liquid waste containing animal, vegetable or mineral matter in suspension
or solution but does not include roof drainage or other storm water runoff.
"Sewage System" means a private sewage disposal system approved by the Ministry of the
Environment and/or the County of Dufferin Building Department.
"Standards" means the standards of physical condition prescribed for property by this By-law.
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"Structure" means anything constructed, placed or erected other than a building, the use of
which requires location on the ground, or attached to something having location on the ground,
and for the purpose of this By-law, shall include a sign and a vehicle as defined in The Highway
Traffic Act, whether or not the wheels have been removed or is operable.
"Tenant" means a person paying rent for the temporary use or occupancy of land or buildings
of another person and includes a lessee, occupant, subtenant, and all assigns thereunder.
"Travel Trailer" means any trailer capable of being used for the temporary living, sleeping or
eating accommodation of persons, notwithstanding that such trailer is jacked up or that its
running gear is removed. This definition shall not include a mobile home as defined herein.
"Vacant Property" means property upon which there is no building or structure of any kind
(excluding a fence).
"Vehicle" means an automobile, a boat, a commercial motor vehicle, a farm implement, a
mobile home, a motorcycle, a snowmobile, a travel trailer.
"Yard" means a space, appurtenant to a building, structure or excavation, located on the same
lot as such building, structure or excavation, and which space is open, uncovered and
unoccupied from the ground upward except for such accessory buildings, structures or uses as
are specifically permitted elsewhere in this By-law. Where a dwelling is located on a farm, the
yard is deemed to be the one acre on which the dwelling is situate, but does not include the
remainder of the farm, or a barn yard.
2.2
References to the Building Code Act are to the Building Code Act, S.O. 1992, c. 23 as
amended from time to time and to the regulations passed under it, as amended from time to
time.
Section 3
Application of By-law
3.1
This By-law applies to all property within the Township of Melancthon
Section 4
General Obligations
4.1
The owner of property in the Township of Melancthon shall repair and maintain the
property in accordance with the standards prescribed by the By-law. Such repair shall
include the posting of the correct municipal address or six digit emergency number,
whichever is applicable, at a location on the property clearly visible to emergency
vehicles.
4.2
No person shall occupy, use, permit the use of, rent or offer to rent any property that
does not conform to the standards of this By-law.
4.3
Abandoned wells shall be decommissioned in accordance with the requirements of the
Ministry of the Environment, or be fully protected against accidental opening.
4.4
Where a Property Standards Officer has placed or caused the placing of a placard
containing the terms of a notice or order upon the premises under the authority of the
Building Code Act, no one shall remove the said placard except with the consent of a
Property Standards Officer.
4.5
The obligations created by this By-law on the owner or occupant shall be joint and
several.
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4.6
Where a notice or order has been issued by the Property Standards Officer pursuant to
this By-law, the owner and occupant thereof shall:
a. repair and maintain the property in accordance with the standards or,
b. remove or, demolish and remove, the whole or the offending part of the property
that is not in accordance with the standards, or
c. in the event that the property is to be cleared of any building, structure, debris or
refuse, the owner or occupant shall complete such work and shall leave the property
in a graded and leveled condition.
Section 5
Yards, Vacant Property and Farms
5.1
All yards and vacant property shall be kept clean and free from rubbish and other debris
and from objects or conditions that might create a health, fire or accident hazard to any
occupants, or a hazard or detriment to the environment, or surface or ground water.
Open, non-forested areas of all yards shall be graded so that a permanent grass cover
can be established and maintained, and all reasonable means shall be employed to
prevent erosion and sedimentation, control weeds and present an orderly and well-kept
appearance.
5.2
Noxious weeds, as defined by the Weed Control Act, R.S.O. 1990, c.W.5, as amended,
and Regulations passed under the Act, such as ragweed, poison ivy and thistles, among
others, shall be eliminated from yards.
5.3
All farm land shall be kept free and clear of rubbish or other debris, and all farms shall
use normal farm practices to control injurious insects, termites, rodents, vermin or
other pests and remove dead, decayed or damaged trees that may create a health, fire
or accident hazard.
5.4
Wrecked, discarded, dismantled, unlicensed, unplated, derelict and abandoned vehicles,
machinery, campers, trucks, tractors, construction equipment, buses, streetcars,
trailers, boats and any other similar types of items shall not be parked, stored or left on
a property that is not otherwise exempt from the requirements of this By-law, unless it
is necessary for and ancillary to the operation of a business enterprise or farm use
lawfully situated on the property.
Section 6
Sewage and Drainage
6.1
Human Sewage, waste water, and organic waste shall be discharged into a sewage
system approved by the Ministry of the Environment and/or the Dufferin County
Building Department.
6.2
No Human Sewage, organic waste, or waste water of any kind shall be discharged onto
the surface of the ground, whether onto a natural or artificial surface, drainage system
or into any lake, stream, ditch or watercourse.
6.3
Where a sewage system does not exist, sewage, waste water, and organic waste shall be
disposed of in a manner acceptable to the local health authorities.
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6.4
No roof drainage or waste water of any kind shall be discharged on public sidewalks or
neighbouring property. No Surface drainage shall be discharged onto neighbouring
property in any manner that would create a nuisance.
6.5
No natural soil, topsoil, road gravel or other fill material shall be permitted to erode by
the action of wind or storm-water runoff if such material is being carried onto adjacent
property or into lakes, streams, ditches or watercourses.
6.6
Storm water shall be drained from yards in a manner designed to prevent recurrent or
excessive ponding or the entrance of water into a basement or cellar of other property
owners.
Section 7
Safe Passage
7.1
Steps, walks, driveways, parking spaces and other similar areas shall be maintained so
as to afford safe passage under customary use and weather conditions.
Section 8
Accessory Buildings or Fences
8.1
Accessory buildings and fences shall be kept in good repair and free from health, fire
and accident hazards.
8.2
Barbed or razor wire shall not be used for fencing purposes on any lot in any built-up
residential community, hamlet or estate residential area except where the fence is on
the boundary next to an adjacent agriculture or rural area.
Section 9
Garbage Control
9.1
Every building and every dwelling unit within every dwelling shall be provided with
sufficient receptacles to contain all garbage, rubbish and ashes which are to be stored
outside of a building.
9.2
Garbage, rubbish and ashes shall be removed and disposed of at the Corporation's
approved landfill site or, where waste collection services are provided by the
Corporation, made available for removal in accordance with the pertinent By-law of the
Corporation and all amendments thereto.
9.3
Plastic bags containing garbage or rubbish shall not be stored outdoors unless protected
from damage.
9.4
Composting shall comply with all health regulations and the compost pile shall be
located in the yard so as to not pose a nuisance to adjacent property.
9.5
Manure and other farm by-products shall be disposed of in accordance with the
Township of Melancthon By-laws and the applicable Provincial legislation.
Section 10
Swimming Pools
10.1
All swimming pools, wading pools, ponds and any appurtenances thereto, including
fences and gates, and all electrical fixtures and lines supplying the pool shall be installed
and maintained in a state of good repair and in a safe condition
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Section 11
Signs
11.1
Signs shall be maintained in good repair and shall be mounted in a safe manner to
prevent any hazard to persons or property.
Section 12
Construction, Storage, Salvage and Scrap Yards
12.1
All property, whether in operation as a commercial enterprise or not, shall be effectively
screened from other property, streets or roads by suitable fences, hedges, trees or
landscaping where such property is used for the storage of machinery, goods, salvage or
scrap, the parking of derelict vehicles, the operations of machinery or when used for any
other purpose which may detract from the good appearance of or from an abutting or
neighbouring residential property.
Section 13
Vermin Control
13.1
Every property shall be maintained so as to be as free as possible from rodents, insects
and vermin, and the methods used for exterminating these pests shall be in accordance
with the provisions of the Pesticides Act, R.S.O. 1990, as amended, and all regulations
made thereunder.
13.2
Any opening in a basement, cellar, crawl space or roof space used or intended to be
used for ventilation, and other opening in a basement, cellar, crawl space or roof space
which might admit vermin, shall be screened in order to effectively exclude vermin.
Building Standards
Section 14
14.1
Exterior walls, roofs, chimneys, eaves, foundations, doors, shutters, balconies, porches,
exterior steps or stairs, ramps and signs appurtenant to or attached to any building or
structure shall be maintained so as to be free of defects which may constitute possible
accident hazards.
14.2
Every part of any building shall be maintained in a safe and structurally sound condition
so as to be capable of sustaining safely its own weight and any additional weight as may
be put on it through normal use. Building materials which have been damaged or show
evidence of rot or other deterioration shall be repaired or replaced.
14.3
Exterior building walls and components shall be maintained in good repair free from
cracked, broken, rotten, loose or warped masonry, stucco and other defective cladding
or trim.
14.4
The exterior of the foundation walls of buildings shall be maintained in structurally
sound condition.
14.5
All other exterior surfaces shall be composed of materials which provide adequate
protection from the weather.
14.6
Any dilapidated or collapsing building(s) and structure(s) shall be repaired and
maintained in accordance with the standards herein or such building(s) or structure(s)
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shall be removed, the property cleared of all remains and left in a graded level and tidy
condition.
14.7
In the event a building or structure is destroyed by fire or natural disaster:
a. Immediate steps shall be taken to prevent or remove a condition which might
endanger person(s) in, on or near the property and
b. Immediate steps shall be taken to properly support and barricade such buildings
or structures; and either
c. Repairs shall be undertaken and completed forthwithin, to the standards in this
By-law and any other applicable law, or
d. The said building or structure shall be demolished, the property cleared of all
remains and left in a graded level and tidy condition.
Section 15
Egress
15.1
Every building shall have a separate access so as to provide a safe, continuous and
unobstructed exit from the interior of the building to the exterior at street or grade
level.
15.2
A secondary means of egress, as required by the Building Code Act, shall be provided
from every separate dwelling unit located on a floor above the main or first floor, so as
to provide a safe and convenient means of egress in case of an emergency.
15.3
The means of egress and fire warning devices in all buildings shall be to the satisfaction
of the applicable Fire Department serving that area of the Township and otherwise be
maintained to comply with paragraph 15.1 and 15.2.
Section 16
Roofs
16.1
The roof and any cornice flashing, fascia, soffit, coping, gutter, rainwater leader, vent or
other roof structure,
a. shall be watertight;
b. Shall be maintained to properly perform their intended function; and
c. Shall be kept clear of obstructions, hazards and dangerous accumulations of
snow and ice.
Section 17
Retaining walls, guards and fences
17.1
Retaining walls, guards and fences in exterior common areas shall be maintained in a
structurally sound condition and free from hazards.
Section 18
Structural soundness, etc.
18.1
Every floor of a basement, cellar or crawl space, and every slab at ground level,
foundation wall, wall and roof shall be structurally sound, weathertight and damp-
proofed and shall be maintained so as to reasonably protect against deterioration,
including that due to weather, fungus, dry rot, rodents, vermin or insects.
Section 19
Required fixtures
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19.1
Every dwelling unit shall contain and have accessible the following functional fixtures:
a. A toilet.
b. A kitchen sink.
c. A washbasin.
d. A bathtub or shower.
Section 20
Hot and cold running water
20.1
Every kitchen sink, washbasin, bathtub and shower shall be provided, by safe
equipment, with hot and cold running water.
20.2
The ordinary temperature of the hot water provided must be at least 43 degrees Celsius.
Section 21
Washroom requirements
21.1
Every washroom shall be enclosed and shall have,
a. a water-resistant floor; and
b. a door that can be, secured from the inside, and opened from the outside in an
emergency.
c. The walls and ceiling around a bathtub or shower shall be water-resistant.
Section 22
Supply of electrical power
22.1
A supply of electrical power shall be provided to all habitable space in a dwelling unit.
Where available, electrical facilities complying with the requirements of Hydro One shall
be provided for all properties.
22.2
The wiring and receptacles necessary to provide electrical power shall be maintained
free of conditions dangerous to persons or property.
22.3
Every kitchen shall have outlets suitable for a refrigerator and a cooking appliance.
22.4
Extension cords shall not be used on a permanent or semi-permanent basis in any
dwelling or dwelling unit.
Section 23
Maintenance of room temperature
23.1
Heat shall be provided and maintained so the heating facilities are capable of
maintaining a temperature of at least 22 degrees Celsius at 1.5 metres above floor level
and one metre from exterior walls in all living spaces and in any area intended for
normal use.
23.2
No dwelling unit shall be equipped with portable heating equipment as the primary
source of heat.
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Section 24
Maintenance of heating systems
24.1
Heating systems, including stoves, heating appliances, fireplaces intended for use,
chimneys, fans, pumps and filtration equipment, shall be maintained in a good state of
repair and in a safely operable condition.
Section 25
Ventilation
25.1
All dwelling units shall be provided with natural or mechanical means of ventilation that
is adequate for the use of the space.
Section 26
Smoke, gases and toxic fumes
26.1
Chimneys, smoke-pipes, flues and gas vents shall be kept clear of obstructions and
maintained so as to prevent the escape of smoke and gases into a building and in
conformance with the Ontario Building Code and as may be approved by the Chief of
the Fire Department or his or her agent.
Section 27
Doors, windows and skylights
27.1
Every existing opening in the exterior surface of a building designed for a door or
window shall be equipped with a door or window capable of performing the intended
function.
27.2
Doors, windows and skylights shall be maintained so that they are weathertight, and any
damaged or missing parts are repaired or replaced.
ADMINISTRATION AND ENFORCEMENT
Section 28
28.1
This By-law shall be enforced by the Corporation's Municipal By-law Enforcement
Officer and by such other persons as are designated from time to time by the Council as
Property Standards Officers.
Section 29
Entry by Property Standards Officer
29.1
The Property Standards Officer may, upon producing proper identification, enter upon
any property at any reasonable time, without a warrant, for the purpose of inspecting
the property to determine:
a. whether the property conforms to the standards prescribed in this By-law; or
b. whether there is compliance with an Order made under this By-law and the Ontario
Building Code Act.
Where an inspection is to occur the owner of the property shall be notified and advised
that entry onto the property will be made for inspection purposes under this By-law
unless an emergency situation exists.
29.2
A Property Standards Officer shall not enter or remain in any room or place actually
being used as a dwelling unless,
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a. the consent of the occupant is obtained, the occupant first having been informed
that the right of entry may be refused and entry made only under the authority of a
warrant issued under the Building Code Act;
b. a warrant issued under the Building Code Act is obtained;
c. the delay necessary to obtain a warrant or the consent of the occupant would result
in an immediate danger to the health or safety of any person;
d. the entry is necessary to terminate a danger under subsection 15.7 (3) or 15.10 (3)
of the Building Act Code; or
e. the requirements of section 29.3 are met and the entry is necessary to remove an
unsafe condition under clause 15.9 (6) (b) of the Building Code Act or to repair or
demolish under subsection 15.4 (1) of the Building Code Act.
29.3
Within a reasonable time before entering the room or place for a purpose described in
Section 29.2 (e), the Officer shall serve the occupant with notice of his or her intention
to enter it.
29.4
A Property Standards Officer for the purposes of an inspection has all the powers as
provided for in Section 15.8 (1) of the Building Code Act.
Section 30
Order by Property Standards Officer
30.1
When the Property Standards Officer is satisfied that the property does not conform to
the standards contained in the By-law, the Officer shall serve or cause to be served
personally or by registered mail an Order. The Order shall include the following
information:
a. state the municipal address or the legal description of the such property;
b. giving reasonable particulars of the repairs to be made or stating that the property is
to be cleared of all buildings, structures debris or refuse and left in a graded and
leveled condition;
c. indicating the time for complying with the terms and conditions of the Order and
giving notice that, if the repairs or clearance is not carried out within that time the
municipality may carry out the repair or clearance at the owner's expense, and
d. indicating the final date for giving notice of appeal of the Order.
30.2
The Order shall be served on the owner of the property and such other persons affected
by it as the Property Standards Officer determines and a copy of the Order may be
posted on the property. A Notice or Order issued pursuant to this By-law shall be
served by personal service or by registered mail sent to the last known address of the
person to whom notice is to be given or to the person's agent for service.
30.3
If a Notice of Order is served by registered mail, the service shall be deemed to have
been received on the fifth day after the day of mailing unless the person or persons on
whom service is being made established that he/she did not, acting in good faith,
through absence, accident, illness, or other cause beyond his/her control, receive the
Notice or Order until a later date.
30.4
The Order may be registered in the proper land registry office and, upon such
registration, any person acquiring any interest in the land subsequent to the registration
of the Order shall be deemed to have been served with the Order on the day on which
the Order was served under the previous subsection and, when the requirements of the
Order have been satisfied, the Clerk of the Corporation shall forthwith register in the
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proper land registry office a certificate that such requirements have been satisfied,
which shall operate as a discharge of the Order.
Section 31
Property Standards Committee
31.1
A Property Standards Committee shall be established to review the Orders issued by an
Officer upon application in accordance with Section 31.2 and it shall be appointed and
operate as follows:
1. The Committee shall be composed of the current members of Council of the
Corporation, not being fewer than three (3) persons,
2. The term of office for the members of the Committee shall be for a term concurrent
with the Council term.
3. The Committee shall:
a. Elect a Chairperson from its members; and
b. When the Chairperson is absent through illness or otherwise, the Committee
may appoint another member to act as Chairperson pro tempore
4. Three (3) members of the Committee shall constitute a quorum.
5. The Secretary of the Committee shall be the Chief Administrative Officer of the
Corporation or her designate, being an Employee of the Corporation
6. The Secretary shall:
a. keep on file minutes and records of all applications and the decisions thereon
and of all other official business of the Committee.
b. on receipt of the notice of appeal referred to in Subsection 31.2 shall
i. determine the date, place and time of the Hearing of the appeal which
shall take place not less than seven (7) days and not more than thirty (30)
days from the date of receipt of the aforesaid notice;
ii. give notice in writing of the date, place and time of the Hearing referred
to in paragraph a to:
1. The Appellant;
2. The Officer who issued the Order, and
3. Any other interested persons pursuant to Section 31.3,
said notice to be served personally or by registered mail.
7. Any member may administer oaths
8. The applicant may appear with or without Counsel at the hearing, to present his
appeal
9. The Corporation shall be represented at the Hearing by anyone authorized by
Council, who is entitled to reply to the appeal presented on behalf of the Applicant
10. The Committee shall give its decision in writing
11. 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
the causing a copy to be served personally or by registered mail.
31.2
If an owner or occupant upon whom an Order has been served is not satisfied with the
terms or conditions of the Order the owner or occupant appeal may to the Property
Standards Committee by sending a NOTICE OF APPEAL, using the form or content as set
out in Schedule "A", by registered mail to the Secretary of the Committee within
fourteen (14) days after service of the Order. In the event that no appeal is taken within
14 days, the Order shall be deemed to be final and binding.
31.3
The original complainant(s), if any, may make a written request to receive notice of any
appeal, and if he or she has, notice shall be sent by registered mail not later than ten
days prior to the hearing of the appeal, and the original complainant(s) shall also be
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entitled to appear before the Committee to present their views on the matter at the
hearing.
31.4
If an appeal is taken, the Committee as empaneled shall hear the appeal and shall have
all the powers and functions of the Property Standards Officer and may, by majority
vote, do any of the following things, if, in the Committee's opinion, doing so would
maintain the general intent and purpose of the By-law and of the Official Plan:
a. confirm, modify or rescind the order to demolish or repair;
b. extend, or shorten the time for complying with the Order.
31.5
Any owner or occupant or person, including the Municipality, affected by a decision of
Committee may appeal to the Superior Court of Justice by notifying the Secretary of the
Committee in writing and by applying to the court within fourteen days after the
decision is sent.
31.6
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 persons
upon whom the appointment is to be served.
31.7
On an appeal of a Property Standards Committee decision, the judge has the same
powers and functions as the Property Standards Committee.
31.8
The Order, when no appeal is taken within the time prescribed or after an appeal
pursuant to Section 31.2 or 31.5 is completed, shall be final and binding upon the owner
or occupant, who shall comply with the said Order within the time and in the manner
specified in the Order.
Section 32
Conflicts with Other By-laws and Statutes
32.1
Wherever a standard established by this By-law is different from a standard in relation
to the same matter established by any other By-law in force in the Township of
Melancthon or statute of the government of Canada or Ontario, the standard which
provides the higher degree of protection for the health, safety and welfare of the
occupants and of the general public shall prevail.
Section 33
Power of Corporation to Repair or Demolish
33.1
If the owner or occupant of property fails to repair or to demolish the property in
accordance with an Order as confirmed or modified by the Committee or a judge, the
Corporation in addition to all other remedies,
a. shall have the right to repair, clean-up or demolish the property accordingly and for
this purpose with its servants and agents from time to time to enter in and upon the
property without a warrant.
b. shall not be liable to compensate such owner, occupant or any other person by
reason of anything done by or on behalf of the Corporation in its reasonable
exercise of its powers under the provisions of this By-law and the Building Code
Act, as amended; and
c. shall have a lien for any amount expended by or on behalf of the Corporation under
the authority of this By-law together with interest thereon, upon the property in
respect of which such amount was expended, and the certificate of the Clerk of the
Corporation as to such amount shall be final and such amount shall be deemed to
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be taxes and may be added to the collectors roll to be collected in the same
manner as municipal realty taxes, or by action in any competent court. The
"amount expended" shall include materials, labour, equipment, administration,
fees, charges and legal expenses.
Section 34
Immediate Danger to Health and Safety
34.1
If, upon inspection of a property or building, the Property Standards Officer is satisfied
that there is non-conformity with the standards prescribed in this By-law to such extent
as to pose an immediate danger to the health and safety of any person, the Property
Standards Officer may make an Order containing particulars of the non-conformity and
requiring remedial repairs or other works to be carried out immediately to terminate
the danger. The provisions of Section 15.7 of the Building Code Act, shall apply with
regard to such an Order and the proceedings arising from it.
Section 35
Offence
35.1
Every person who contravenes any of the provisions of this By-law is guilty of an offence
and upon conviction therefore is liable to a penalty or penalties as provided in the
Provincial Offences Act, R.S.O. 1990, c.P.33.
35.2
Every person who contravenes any of the provisions of this By-law is guilty of an offence
and upon conviction therefore is liable to a penalty or penalties as provided in Section
36 of that Act, as may be amended, for each offence committed.
Section 36
Administrative Penalty
36.1
For purpose of promoting compliance with this By-law, there shall be an administrative
penalty of $2,000.00 payable by an Owner being in non-compliance with this By-law or
any Order issued thereunder.
36.2
The administrative penalty provided for in 36.1 constitutes a debt owed to the
Corporation. If the penalty is not paid within fifteen days after the day it became due
and penalty, the Treasurer of the Corporation may add the administrative penalty to the
tax roll for any property in the Municipality for which all of the registered owners are
responsible for paying the administrative penalty, and collect it in the same manner as
Municipal taxes.
Section 37
Validity and Severability
37.1
If a court of competent jurisdiction should declare any section or part of a section of
this By-law to be invalid, such section or part of a section shall not be construed as
having persuaded or influenced Council to pass the remainder of this By-law, and it is
hereby declared that the remainder of the By-law shall be valid and shall remain in
force.
37.2
A property may be determined to be in compliance with the standards set out herein,
such compliance shall not be construed, constructed or deemed to mean that there is
compliance with other municipal By-laws, including but not limited to the
Municipality's Comprehensive Zoning By-law.
Section 38
Certificate of Compliance
38.1
An Officer who, after inspecting a property, is of the opinion that the property is in
compliance with the standards established in the By-law may issue a certificate of
compliance to the Owner.
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38.2
An Officer shall issue a certificate to an owner who requests a certificate if such owner
has paid the fee set by the Council of the Corporation, being in the amount of Fifty ($50)
dollars.
Section 39 Repeal & Enactment
39.1
By-law number 31-2018 is hereby repealed in its entirety and any other By-laws
regarding property maintenance and standards are hereby repealed.
39.2
This By-law shall come into force and be in effect on the passing thereof.
THIS BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF MAY, 2019.
READ A THIRD TIME AND ENACTED THIS 16TH DAY OF MAY, 2019
Original Signed
Original Signed
____________________________ __________________________
Mayor Clerk
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SCHEDULE "A"
NOTICE OF APPEAL
TO THE PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.3 of the Building Code Act, S.O. 1992, c.23, as amended
(DATE)
Secretary
Property Standards Committee
Corporation of the Township of Melancthon
157101 Highway 10
Melancthon, ON
L9V 2E6
RE: Property Standards Order
(Description and Location of Property in Violation)
Township of Melancthon
TAKE NOTICE of appeal of the undersigned to the Property Standards Committee because of
dissatisfaction with the above referenced Order.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an Order 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 a
NOTICE OF APPEAL by registered mail to the Secretary of the Committee within fourteen days
after service of the Order, and, in the event that no appeal is taken, the Order shall be deemed
to have been confirmed and shall be final, binding and effective.
Reference: Building Code Act, S.O. 1992, c.23, s.15.3
_________________________________
Signature of Owner or Authorized Agent