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THE CORPORATION OF THE TOWN OF MONO
PROPERTY STANDARDS BY-LAW NUMBER NO. 2005-34,
AS AMENDED BY 2011-45 & 2020-33
BEING A BY-LAW FOR PRESCRIBING PROPERTY STANDARDS
IN THE TOWN OF MONO
WHEREAS Section 23(10) of the Official Plan of the Town of Mono includes provisions
relating to property conditions, and authorizes Council to enact a bylaw setting forth minimum
standards to apply to the maintenance and occupancy of all property in the Town;
AND WHEREAS Section 15.1(3) of the Building Code Act S.O. 1992, c. 23, as amended,
("the Building Code Act") authorizes Council to pass a property standards by-law;
AND WHEREAS Section 15.6(1) of the Building Code Act requires that a by-law passed
under section 15.1(3) of the Building Code Act, shall provide for the establishment of a
Property Standards Committee;
AND WHEREAS the Town of Mono is committed to support the vision of the Niagara
Escarpment Plan, which includes as one of its' objectives the maintenance and enhancement
of the open landscape character of the Niagara Escarpment;
AND WHEREAS the Council has determined that there is a need to enact a bylaw setting
forth minimum standards to apply to the maintenance of properties in the municipality, the
general intent and purpose of the bylaw to ensure that conditions of a property do not create
a health, fire or accident hazard to residents or others in the municipality; to ensure proper
posting of emergency numbers; and to reduce or eliminate rubbish stored on properties. This
would not include material stored on properties that is realistically to be used in accordance
with permitted uses on the property or as part of a normal farm practice.
NOW THEREFORE the Council of the Corporation of the Town of Mono enacts as follows
PART I: Definitions
1. In this By-law the following terms are defined as:
(a)
"Accessory Building" means a building or structure that is incidental, subordinate
and exclusively devoted to a main building or structure and located on the same lot
therewith.
(b)
"Accessory Dwelling House" means a single-family dwelling house which is
accessory to a permitted non-residential use.
(c)
"Accessory Dwelling Unit" means a dwelling unit which is part of or accessory to a
permitted Non-residential building other than an automobile service station, a
commercial garage, a gasoline retail facility or a dry cleaning outlet.
(d)
"Barn" means a building located on a farm to house livestock and/or hay and straw
and/or farm machinery and implements.
(e)
"Basement" means that portion of a building which is partly underground, but which
has a least one-half of its height (measured from finished floor to finished ceiling)
above finished grade.
(f)
"Building" means: a) a structure occupying an area greater than 10 square metres
consisting of a wall, roof and floor or any of them or a structural system serving the
function thereof including all plumbing, works, fixtures and service systems
appurtenant thereto; or b) a structure occupying an area of ten square metres or less
that contains plumbing including the plumbing appurtenant thereto; or c) plumbing
not located in a structure; or d) a sewage system; or e) structures designated in the
Building Code.
(g) "Building By-law" means any by-law of the Town passed pursuant to the Building
Code Act.
(h) "Building Code Legislation" means the Building Code Act including the applicable
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Regulations thereunder, including the Building Code.
(i)
"Cellar" means that portion of a building which is partly or wholly underground and
which has more than one-half of its height (measured from finished floor to finished
ceiling) below finished grade.
(j) "Committee" means the Property Standards Committee.
(k)
"Dwelling House" means a building occupied or capable of being occupied as the
home or residence of one or more persons. This definition shall not include a mobile
home, a private garage or any vehicle as defined herein.
(l)
"Dwelling Unit" means a suite of two or more habitable rooms, designed to be
occupied by not more than one family, in which sanitary conveniences are provided
and in which facilities are provided for cooking or for the installation of cooking
equipment, and with an independent entrance, either directly from outside the
building or from a common corridor inside the building. This definition shall not
include a mobile home, a private garage or any vehicle as defined herein.
(m) "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.
(n)
"Lot" means a parcel of land which is capable of being legally conveyed in
accordance with the provisions of the Planning Act, R.S.O. 1990, c. P.13, as
amended.
(o) "Medical Officer of Health" means the Medical Officer of Health for the
Wellington-Dufferin-Guelph Health Unit.
(p) "Maintenance" means the preservation and keeping in repair of property.
(q)
"Mobile Home" means a prefabricated building, designed to be towed on its own
chassis (notwithstanding that is running gear is or may be removed) equipped for year-
round occupancy and containing therein facilities for cooking or for the installation of
cooking equipment as well as sanitary facilities including a flush toilet and a shower
or bathtub. This definition shall not include a tourist trailer.
(r) "Multiple Dwelling" means a building containing two or more dwelling units.
(s)
"Non-residential Property" means a building or structure, or part thereof, not
occupied or capable of being occupied in whole or in part for human habitation and
includes the lands and premises appurtenant thereto and all accessory buildings, but
does not include a farm.
(t) "Occupant" means any adult(s) in possession of the property.
(u)
"Open Storage Area" means land used for the outside storage of equipment, goods or
materials. This definition shall not include a salvage yard, a parking area, a delivery
space, a loading space or storage use located in a building.
(v)
"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.
(w) "Person" means an individual, corporation, association or partnership.
(x)
"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, accessory buildings, fences and erections
thereon whether heretofore or hereafter erected, and includes non-residential
property, residential property and vacant property.
(y)
"Property Standards Officer" means an officer assigned the responsibility of
administering and enforcing this By-law.
(z)
"Repair" includes the provision of such facilities and the making of additions and
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.
(aa)
"Residential Property" means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare and
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serve meals, and includes any land or buildings that are appurtenant to such
establishment and all steps, walks, driveways, parking spaces and fences associated
with the dwelling or its yard, and includes vacant residential property. The dwelling
located on the farm together with the acre of land on which the dwelling is situate is
included as residential property. The remainder of the farm property is excluded.
(bb) "Rubbish" means waste or rejected matter, trash or debris.
(cc)
"Structure" means anything constructed or erected, the use of which requires
location on or in the ground, or attached to something having location on or in the
ground, but does not include a lawful fence or a pond.
(dd)
"Standards" means the standards of physical condition and of occupancy prescribed
for this By-law.
(ee)
"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.
(ff) "Town" means the Corporation of the Town of Mono.
(gg)
"Tourist 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.
(hh)
"Vacant Property" means property upon which there is no building or structure of
any kind (excluding a fence).
(ii)
"Vehicle" means an automobile, a boat, a commercial motor vehicle, a farm
implement, a mobile home, a motorcycle, a snowmobile, a tourist vehicle or a trailer.
(jj) "Water Supply Plan" means a building or structure, approved by the Ministry of the
Environment & Energy, where water is treated for human consumption.
(kk)
"Water System, Communal" means a distribution system of underground piping and
related storage, including pumping and purification appurtenances, owned and
operated by, or on behalf of, the residents of the community served by such system.
This definition shall not include a Public Water System.
(ll)
"Water System, Public" means a distribution system of underground piping and
related storage, including pumping and purification appurtenances, owned and
operated by the Corporation, by another municipality or by the Ministry of the
Environment & Energy.
(mm) "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 acre on which
the dwelling is situate, but does not include the remainder of the farm, or a barn yard.
PART II: Municipal Requirements
General Standards and Compliance
2.
The owner of property in the Town shall repair and maintain the property in
accordance with the standards prescribed by this 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.
3.
No person shall occupy or let to another for occupancy a property which does not
comply with the standards prescribed by this By-law.
Maintenance and Occupancy Standards
4.
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the trades
concerned. All new construction or repairs shall conform to the Building Code
Legislation, the Fire Prevention and Protection Act S.O. 1997, C.4, as amended, and
the Fire Code.
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PART III: Exterior Standards Repealed by Bylaw 2020-33
PART IV: Building Standards
Pest Prevention
5.
A building, excluding a barn, shall be kept free of rodents, vermin, termites,
injurious insects or other pests at all times, and methods used for exterminating rodents,
shall be in accordance with the provisions of the Pesticides Act, R.S.O.
1990, c. P. 11, as amended and all regulations thereunder.
6.
A barn shall be kept reasonably free of rodents, vermin, termites, injurious insects or
other pests at all times, and methods used for exterminating rodents, shall be in
accordance with the provisions of the Pesticides Act, R.S.O. 1990, c. P. 11, as amended
and all regulations thereunder in accordance with normal farm practices.
7.
Basement and/or cellar windows, excluding those windows in a barn, used or
required for ventilation and any other opening in a basement, including a floor drain
that might permit the entry of rodents, vermin, termites, injurious insects or other
pests shall be screened with wire mesh, metal grill or other durable material which will
effectively exclude rodents, vermin, termites, injurious insects or other pests.
Overall Structure
8.
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 additional weight that may be
put on it through normal use. Materials which have been damaged or show evidence
of rot or other deterioration shall be repaired or replaced.
9
All exterior surfaces shall be of materials which provide adequate protection from
the weather. Tar paper, building paper, asphalt roll-type siding, roll roofing, mill
ends and non-external grade plywood shall not be used for any exterior vertical
facing on any wall of any building or structure.
10.
The exterior walls, roofs and other parts of a building shall be free from loose, rotten,
warped and broken materials and objects and such materials and objects shall be
removed, repaired or replaced.
Accessory Buildings/Structures
11.
Accessory buildings, structures, and fences shall be maintained in structurally sound
condition and in good repair such that they do not constitute an unsightly or unsafe
condition.
12.
Accessory building exteriors shall be kept weather resistant through the use of
appropriate weather resistant materials.
13.
Accessory dwelling house and converted dwelling houses shall meet the standards
applicable to dwelling houses. Accessory dwelling units shall meet the standards
applicable to dwelling units.
Foundations
14.
The foundation walls and basement and/or cellar floor shall be maintained in good
repair and be structurally sound, and where necessary shall be so maintained by the
shoring of the walls, grouting masonry cracks, damp proofing the walls or floors and
installing subsoil drains at footing levels.
Exterior Walls
15.
The exterior walls of a building shall be maintained so as to prevent their
deterioration due to weather and insects and shall be so maintained by the painting,
restoring or repairing of the walls, coping or flashing, by the waterproofing of joints
and of the walls themselves, by the insulating and repairing of termite shields and by
the treating of the soil with appropriate pesticides.
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Roofs
16.
A roof, including the fascia board, soffit, cornice and flashing shall be maintained in
a watertight condition so as to prevent the leakage of water into the building. All rotted
or deteriorated roofs shall be repaired or replaced.
PART V: Additional Standards Applicable to Buildings on Residential and Non-
Residential Property
Exterior Stairs , Porches, Doors and Windows
17.
Exterior stairs, porches, doors and windows shall be maintained so as to be free of
holes, cracks and other defects which may constitute possible accident hazards and
all treads or risers that show excessive wear or are broken, warped or loose and all
supporting structural members that are rotted or deteriorated shall be repaired or
replaced.
18.
Every dwelling unit shall be provided with an adequate supply of drinkable running
water from a source approved by the Medical Officer of Health.
Lighting
19.
Lighting fixtures shall be installed and maintained in all areas outside every building
or structure in compliance with the requirements of the Building Code including
providing the required illumination levels, and shall utilize fully shielded design or cut-
off devices to reduce or limit light trespass from a property.
20.
Exterior lighting fixtures shall be installed and maintained so as to prevent the light
source from shining directly into a neighbouring dwelling unit or increasing the light
intensity on any adjacent roads so as to create an unsafe condition.
PART VI -- Administration
Property Standards Committee
21.
A Property Standards Committee (the "Committee") is hereby established to hear
appeals against Orders to repair issued by an Officer pursuant to the Building Code
Act S.O.1992, c. 23, as amended.
22.
The Committee shall be a Committee of the Whole of the Council of the Town of
Mono and shall be chaired by the Mayor, or such other member of Council as may
be designated by the Committee.
23.
The Committee shall appoint a Secretary. The Committee Secretary shall keep on
file the minutes, records and decisions for all appeals and all other materials related
to the Committee's official business, pursuant to the Building Code Act.
24. A quorum for the Committee shall be three members.
25. Oaths may be administered by any member of the Committee.
26.
The Committee may, subject to the Building Code Legislation and this By law, adopt
its own rules of procedure and any member may administer oaths.
Property Standards Officers
27.
Town Council may from time to time appoint other Property Standards Officers and
staff to carry out the administrative functions of this by-law including the
enforcement thereof. In addition to any other Property Standards Officers that
Council may appoint, the Chief Building Official of the Town and the building
inspectors appointed by the Town pursuant to section 3 of the Building Code Act,
and the Town's Fire Prevention Officer(s) are hereby authorized and appointed as
Property Standards Officers.
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28.
All Property Standards Officers shall possess all powers of inspection as prescribed
in the Building Code Act Legislation. 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 to ensure property compliance with this By-law, unless an
emergency situation exists.
Orders
29.
The Property Standards Officer, following an initial inspection of the property, if
satisfied that the property does not conform to the standards contained in this By-
law, may serve or cause to be served personally or by registered mail a courtesy Notice
of Violation (Notice). In more serious circumstances, or as a result of rep[eat
offenders, the Officer may proceed to issue an Order to Remedy Violation of
Property Standards, as outlined in the following paragraph.
30.
When the Property Standards Officer, after a second inspection or under the
conditions specified in Paragraph 44, is satisfied that the property does not conform
to the standards contained in this By-law, the Officer shall serve or cause to be
served personally or by registered mail an Order to Remedy Violation of Property
Standards (Order). The Order to Remedy Violation of Property Standards shall include
the following information, details regarding the violation; timing to correct said
violations; and, notice that the Town may rectify said violations at the Owners expense,
and may cause a prosecution to be brought against the Owner. Appeal procedures shall
be outlined in the Order.
Service
31.
A Notice or Order issued pursuant to this By-law may 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 that person's agent for service.
32.
If a Notice or 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.
Appeals Before the Property Standards Committee
33.
Every person who initiates an appeal of an Order made by an officer shall submit a
Notice of Appeal in the time frame and manner as prescribed in the Building Code Act
Legislation.
34.
The Notice of Appeal shall be in the form or provide the same information as set out
in Schedule "A hereto.
35.
Before conducting a hearing the Property Standards Committee shall give Notice to
such persons or direct that Notices are to be given to such persons as the Property
Standards Committee considers are required to receive Notice. The Notice shall be
provided in the manner directed by the Property Standards Committee.
36.
After hearing an appeal the Property Standards Committee may confirm, modify or
quash the Order, or the Property Standards Committee may extend the time for
complying with the Order provided that, in the opinion of the Property Standards
Committee, the general intent and purpose of this By-law and the Official Plan has
been maintained.
37. The proceedings at the hearing shall be in accordance with the provisions of the
Statutory Powers Procedures Act, R.S.O. 1990, c. S.22, as amended.
Appeals Before the Superior Court of Justice
38.
The Owner or occupant or any person affected by the Order of the Property
Standards Committee may appeal the Order to a Judge of the Superior Court of
Justice pursuant to the Building Code Act Legislation.
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Effect of Final Order
39. The Order shall be final and binding:
(a)
upon the time expiring for the appeal to the Property Standards Committee
and there being no appeal; or
(b)
in the event there is an appeal to the Property Standards Committee, upon the
Property Standards Committee confirming or modifying the Order and the time
for the appeal to the Superior Court of Justice having expired and there being
no appeal; or
(c)
in the event that there is an appeal to the Superior Court of Justice, upon the
final disposition by the Courts through an Order of the Courts, including
appellate Courts, if applicable.
Registration
40.
Where an Order has been made pursuant to this By-law, a copy may be registered in
the Dufferin County Land Registry Office.
41.
If the Order is registered and there has been compliance, then the Clerk of the Town
shall forthwith register, in the Dufferin County Land Registry Office, a certificate
declaring that there has been compliance with the registered Order after the Clerk is
satisfied that there has, in fact, been compliance with the Order.
Enforcement and Penalties
42.
Where an owner or occupant of property fails to demolish or to repair in accordance
with the final and binding Order, the Town, in addition to any other remedies, shall
have the right to demolish any structures and/or fencing and/or to repair the property.
43.
For the purposes of demolishing and/or repairing under this By-law and the Building
Code Legislation, an agent, employee or servant of the Town may enter upon the
property of the occupant or owner and shall not be liable to compensate the owner,
occupant or any other person having an interest in the property by reason of anything
done by or on behalf of the Town under the provisions of this By-law.
44.
When demolition or repairs have been taken by the Town under this By-law and/or
the Building Code Legislation, the Town may recover all the expenses incurred in
respect thereof, including legal fees, by any or all methods available by statute,
including collection through the property tax system.
45.
In addition, the Town may cause a prosecution to be brought against any person in
breach of a final and binding Order in accordance with the provision of Section 36 of
the Building Code Act. Upon conviction such person shall forfeit and pay at the
discretion of the convicting Provincial Judge or Justice of the Peace acting within his
or her territorial jurisdiction, the penalties provided for in the Building Code Act.
Certificate of Compliance
46.
Following the inspection of a property, the Property Standards Officer may, or at the
request of an Owner, issue to the Owner a Certificate of Compliance if, in his
opinion, the property is in compliance with the standards of this By-law.
47.
Where a Certificate of Compliance is issued at the request of the Owner, the Owner
shall be required to pay a fee of $250.00 to the Corporation of the Town of Mono.
General
48. The imperial measurements contained in this By-Law are given for reference only.
49. This by-law may be cited as the Property Standards By-law.
50. The provisions of this by-law shall apply to all property situate in the Town of
Mono.
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51.
Where a provision of this By-law conflicts with the provision of another By-law in
force within the Town of Mono, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
Validity and Severability
52.
If an article of this By-law is for any reason held to be invalid, the remaining articles
shall remain in effect until repealed.
READ A FIRST, SECOND and THIRD TIME, and passed this 27th day of SEPTEMBER,
2005.
Original signed by:
Keith Thompson, Mayor
Keith McNenly, Clerk
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SCHEDULE "A"
To Bylaw 2005-34, as amended
NOTICE OF APPEAL
TO THE PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.1 of the Building Code Act, S.O. 1992, c.23, as amended
[Date]
Secretary
Property Standards Committee
Corporation of the Town of Mono
347209 Mono Centre Road
Mono, Ontario
L9W 6S3
RE: Property Standards Order
[Description and Location of Property in
Violation]
Town of Mono
TAKE NOTICE of appeal of the undersigned to the Property Standards Committee because
of dissatisfaction with the above referenced Order to Demolish or Repair.
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(1)
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Signature of Owner of Authorized Agent