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The Corporation of the Township of North Dundas-
By-law
20 - 2012
BEING A BY-LAW TO PROVIDE STANDARDS FOR THE MAINTENANCE AND
OCCUPANCY OF PROPERTY IN THE TOWNSHIP OF NORTH DUNDAS
WHEREAS Section 15.1 (3) of the Building Code Act, 1992, S.O. 1992, c.23 and
- amendments thereto, provide that a Council of a municipality may pass by-laws;
AND WHEREAS Council of The Corporation of the Township of North Dundas deems it
desirable to establish standards for the maintenance and occupancy of certain
buildings and properties, so that owners and occupiers provide minimum
standards for persons who may live at, attend or otherwise be affected by the
condition of buildings and properties;
AND WHEREAS fees and charges may be imposed under the authority of
the Municipal Act, S.O. 2001, c. 25, as amended, Section 391, and the Building
Code Act, 1992, S.O. 1992, c. 23, as amended, in particular Section 15.5;
NOW THEREFORE the Municipal Council of The Corporation of the Township of North
Dundas hereby enacts as follows:
Short Title
1.
This by-law may be cite_d as the "Property Standards By-Law".
Definitions
2.
Definitions for this By-law include;
"Accessory Building" means a detached subordinate building that,
(a)
is devoted exclusively to a use normally incidental to the main use
of the property;
(b)
."is not used for human habitation"; and
(c)
is on the same lot as the main building, and an accessory building includes a farm
building.
"Adequate" means equal or amounting to what is sufficient, frtting, suitable, or
equal to what is required.
"Approved" means acceptance by the authority having jurisdiction.
"Basement" shall mean that portion of a building between two floor levels, which is partly
underground ans which has at least one-half its height from finished floor to the
underside of the first floor joists above the average finished grade level adjacent to the
exterior walls of the building;
"Building" means a structure occupying an area greater than ten 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; and includes:
(a)
a structure occupying an area often square metres or less that
contains plumbing, including the plumbing appurtenant thereto;
(b)
plumbing not located in a structure, a sewage system; or
(c)
structures designated in the building code.
"Building Code" means the regulations made under Section 34 of the Building
Code Act, 1992, S.O. 1992, c. 23, as amended;
"Building Code Act" means the Ontario Building Code Act, 1992, S.O. 1992, c. 23, as
amended;
Page 1 of 24
"Bathroom" means a room containing a water closet and wash basin with or without a
bathtub or shower;
"Cellar" shall mean that portion of a building between two floor levels, which is
partly underground and which has more than one-half its height_ f~om finished
floor to the underside of the first floor joists below the average finished grade
level adjacent to the exterior walls of the building;
"Chief Building Official" means the Chief Building Official of The Corporation of the
Township of North Dundas or an authorized representative;
"Commercial Container'' means a receptacle:
(a)
used for the storage and collection of garbage, refuse and trade waste; or
(b)
designed to permit it being emptied by a forklift packer vehicle.
"Committee" means The Property Standards Committee established under this
By-law.
"Corporation" shall mean The Corporation of the Township of North Dundas.
"Council'' means the Council of The Corporation of the Township of North Dundas.
"Crawl Space" means an enclosed space between the underside of a floor assembly
and the ground cover directly below, with a clearance less than 1.8m (5ft 11 in) in height.
"Debris" includes but is not limited to garbage, rubbish, refuse, or wrecked, decayed,
dilapidated, or inoperative vehicles or machinery, and parts thereof.
"Demolish" means the clearing of all buildings and structures and the clearing of
debris or refuse and the grading or leveling of the lands thereunder.
"Dwelling" means a building or structure, or any part of it, occupied or capable of being
occupied, in part, for the purpose of human habitation and includes a dwelling unit and a
building that would be used for this purpose except for its state of disrepair.
"Dwelling Unit" means a suite operated as a single housekeeping unit, used or
intended to be used as a domicile by one or ·more persons and usually containing
cooking, eating, living, sleeping and sanitary facilities.
"Farm Building" means a building or part thereof which does not contain a
dwelling unit and which is associated with and located on land devoted to the practice of
farming, and used essentially for the housing of equipment or livestock, or for the
production, storage or processing of agricultural and horticultural produce or feed.
"Fence" means any freestanding structure, screen, wall or barrier other than a
building, erected at grade for the purpose of delineating the boundaries of a
property, restricting ingress to or egress from a property, providing security or
protection to property, and does not include a hedge.
"Fire Code" means the regulations made under the Fire Protection & Prevention Act.
"Floor Area" means the maximum area contained within the outside walls of a building or
within the walls of a room, as the case may be.
"Grade" means the average level of proposed or finished ground adjoining a building at
all exterior walls.
"Ground Cover" means any suitable material applied to the ground to prevent the
erosion of soil and includes concrete, flagstone, gravel, asphalt, grass or other forms of
landscaping.
Page2of 24
"Guard" means a protective barrier, with or without openings thr~ugh it, that i~ around
openings in floors or at the open sides of stairs, landings, balconies, mezzanines,
galleries, raised walkways or locations to prevent accidental falls from one level to
another.
"Habitable Room" means any room in a dwelling or dwelling unit used or i~tended to be
used for living, eating, sleeping, or cooking, and without limiting_ the_ foregoing shall
include den, library, sunroom or recreational room or any combmat1on thereof.
"Handrail" means the hand support along the edge of steps or stairs.
"Inspector" means a property standards officer, building inspector, or any other person
appointed to enforce this by-law, and includes the term Officer.
"Maintenance" shall mean the preservation and keeping in repair of a property.
"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 usually
located outside the building.
"Multiple Dwelling" means a building containing two (2) or more dwelling units.
"Non-Habitable Room" means any room in a building or dwelling unit other than
a habitable room, and includes:
(a)
a bathroom, powder room, restroom, laundry, pantry, lobby, communicating
corridor, stairway, closet, boiler room, garage; or
(b)
other service and maintenance space in a building.
"Normal Farm Practice" means a practice that,
(a)
is conducted in a manner consistent with proper and acceptable customs and
standards as established and followed by similar agricultural operations under
similar circumstances, or
(b)
makes use of innovative technology in a manner consistent with proper advanced
farm management practices.
"Occupant" means any person or persons over the age of eighteen (18) years in
possession of the property;
"Officer'' means a property standards officer who has been assigned or appointed by
The Corporation of the Township of North Dundas as a Property Standards Officer
and/or Municipal Law Enforcement Officer to either administer or enforce this by-law and
includes a building inspector for The Corporation of the Township of North Dundas.
"Order'' means any order issued under the Ontario Building Code Act.
"Owner" includes,
(a)
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 an agent or trustee of any other person, or who would receive the
rent if the land and premises were let; and
(b)
the lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the standards for
maintenance and occupancy of a property;
"Person"_ means an individual, firm, corporation, association or partnership.
"Plumbing System" means a system of connected piping, fittings, valves, equipment,
fixtures and appurtenances contained in plumbing.
Page3 of 24
"Property" means a building or structure, or part of a buil?ing or structure, 8:nd in~l~des
the lands and premises appurtenant thereto and all mobile st~uctures, mobile buildings,
mobile homes, outbuildings, fences, retaining walls, landscaping, walkways and
erections thereon, whether heretofore or hereafter erected, and includes vacant
property.
"Repair" shall mean the provision of such facilities and t~e making of additions or
alterations or the taking of such actions as may be required so that the property shall
conform to the standards established in the by-law.
"Residential Property" means any property that is used or is capable of being
used as a dwelling, two-unit dwelling or multiple dwelling, and includes any l~nd
or buildings that are appurtenant to such establishment including but not limited
to all steps, walks, driveways, parking spaces, fences and yards.
"Retaining Wall" means a structure which supports and confines a mass of
earth or water where there is an abrupt change in ground elevation.
"Rubbish" means any combustible or non-combustible, discarded or waste
material, except garbage or brush.
"Sanitary Sewage" means liquid or water borne waste that is;
(a) of industrial or commercial origin; or
(b) of domestic origin, including human body waste, toilet or other
bathroom waste, and shower, tub, culinary, sink and laundry waste.
"Sewage System" means the Township of North Dundas sanitary sewage system,
storm sewage or a private sewage disposal system approved by the authority having
jurisdiction.
"Sign" means any visual medium used to convey information by way of words,
pictures, graphics, emblems or symbols, or any device used for the purpose of
providing direction, information, identification, advertisement, business promotion
or the promotion of a product, activity, service or idea.
"Storm Sewage" means water that is discharged from a surface as a result of rainfall,
snow melt, snowfall or other precipitation.
"Storm Sewer" means a sewer that conveys storm sewage.
"Structure" means a combination of materials to form a construction or fixed
erection which is not adapted to permanent or continuous occupancy, and shall
include a tent, reviewing stand, platform, staging, wall, retaining wall, radio or
television antenna supporting structure, shed, coal or garbage bin, fence, sign,
and every other construction or fixed erection not a building.
"Suite" means a single room or series of rooms of complementary use, operated
under a single tenancy, and includes dwelling units, individual guest rooms in
motels, hotels, motor hotels, boarding houses, lodging houses or rooming
houses and dormitories as well as individual stores and individual or
complementary rooms for business and personal services occupancies.
"Township" means The Corporation of the Township of North Dundas or the
geographic area of The Corporation of the Township of North Dundas as the context
requires.
"Unsafe Condition" means any condition that could cause undue hazard to life
limb or health of any person authorized or who could inadvertently gain acces~ to the
· property.
Page4 of 24
''Vacant Land" means land, other than open space land, with no buildings and
not devoted to the practice of farming.
''Vermin" means a mammal, bird or insect injurious to humans, games or crops
includil'.lg but, not limited to foxes, rats, bats, mice, moles, owls, weasels, fleas, bugs or
lice.
"Yard" shall mean land other than publicly owned land, around and appurtenant
to the whole or any part of the property and used or capable of being used, in
connection with the property whether or not the land is owned by the owner of
the building.
All other definitions are defined in the Ontario Building Code.
3.
(1)
(2)
General Requirements
No owner or occupant of a property shall use, occupy, or allow, permit or
acquiesce in the use or occupation of the property unless such property conforms
to the standards prescribed in this By-law.
The owner of a property shall repair, maintain and keep the property in
accordance with these standards and take immediate action to eliminate any
unsafe conditions.
(3)
Every occupant of a dwelling, in that part of the dwelling that the occupant
occupies or controls shall:
(a)
within the dwelling unit, maintain all plumbing, cooking, refrigerating
appliances and fixtures and all storage facilities and other equipment
therein in a clean and sanitary condition;
-
(b)
keep all exits from the dwelling clean and unobstructed; and
(c)
maintain the dwelling unit in a clean and sanitary conditions.
(4)
The owner of any property which does not conform to the standards in this by-law
shall repair and maintain the property to conform to these standards or shall clear
the property of all buildings, structures, debris or refuse and shall leave the
property in a graded and leveled condition.
(5)
This by-law does not apply so as to prevent a farm meeting the definition of
"agricultural operation" under the Farming and Food Production Protection Act,
1998, S.O. 1998, c. 1, from carrying out a normal farm practice as provided for
and defined under that Act.
(6)
All repairs to any property shall be made in a good workmanlike manner with
materials that are suitable, sufficient for the purpose, free from defects and
approved by the Ontario Building Code.
(7)
Without restricting the generality of Section 3 (6) :
(a)
the requirement that repairs be made in a "good workmanlike manner"
includes ensuring that the component repaired can perform its intended
function and finishing the repair in a manner reasonably compatible in
design and colour with adjoining decorative finishing materials; and
(b)
the requirement that repairs be made with materials that are "suitable and
sufficient for the purpose" includes a requirement for materials reasonably
compatible in design and colour with adjoining decorative finishing
materials.
Pages of 24
4.
(1)
(2)
(3)
5.
(1)
(2)
(3)
(4)
(5)
6.
(1)
(2)
Structural Standards
Every part of a property shall be mai~tained in ~ structurally sou~~ conditi~n so
as to be capable of sustaining safely ,ts own weight and a~y add1t1onal weight that
may be put on it through normal or permitted use, and having a factor of safety as
required by the Ontario Building Code.
All exterior° ;urfaces of buildings, structures, fences and retaining walls,_ incl~ding
mobile structures and buildings, shall be of materials which resist deterioration by
the elements or have resistant coatings applied to them, except that a
non-residential farm building or farm structure may have unprotected wood
surfaces.
The exterior walls, chimneys, roofs and other parts of buildings, structures, fences
and retaining walls, including mobile structures and buildings on the prope~ shall
be free from loose or insufficiently secured, rotten, warped or broken materials
and objects. Such material, and objects shall be removed, repaired or replaced.
Sewage and Drainage
Sanitary sewage shall be discharged into the municipal sanitary sewer where
such a system exists, and where a municipal sanitary sewer does not exist, the
sewage shall be disposed of in a manner in accordance with the Building Code
requirements for on-site sewage systems.
Roof drainage or discharge from a sump pump or swimming pool shall not be
permitted to discharge on a sidewalk, stairs, neighboring property, or a street
unless authorized by the subdivision agreement or any other agreement with the
Township of North Dundas.
Storm sewage shall be drained from a yard so as to eliminate recurrent standing
water or surface ponding, and such drainage shall be controlled, directed or
limited so as to prevent the entrance of water into a basement or cellar on the
property or adjoining properties' basements or cellars.
Eavestroughs and downspouts shall be maintained :
(a)
watertight and free from leaks,
(b)
in good working order, and free from any obstructions, and
(c)
in a stable condition and shall be securely fastened to the structure.
Catch basins shall be kept in good repair and free of debris and obstructions,
which would prevent them from functioning properly.
Vacant Buildings
Where any building is vacant or unoccupied, the owner shall protect such building
against the risk of accident or intentiorial damage to the property, or such damage
as may be caused to other properties, arising from the entry of unauthorized
persons to the building, by effectively preventing entrance by unauthorized
persons.
For the purpose of Section 6 (1) doors, windows, hatches and other openings
through which entry may be obtained are required to be kept in good repair and
secured from unauthorized entry, or entry shall be prevented by closing and
securing the opening with :
(a)
?oarding which completely covers the opening with at least 12.7mm (0.5
'~) weatherp_roofed sheet plywood securely fastened to the building;
(b)
ng1d composite panels, securely fastened to the building;
(c) -
sheathing boards installed within the reveal of the exterior cladding and
securely fastened to the building;
Page6 of 24
(3)
(4)
(5)
7.
(1)
(2)
(3)
8.
(1)
(2)
(3)
(4)
(d)
brick and mortar securely fastened to the building; or
(e)
concrete blocking and mortar securely fastened to the building.
The options available in Section 6(2) shall be con_si?ered progressi~ely more
secure with (e) being the most secure, and the minimum standard imposed ~y
Section 6(2) shall be considered not to include the use_ of a less secured option
which has, more than once, failed to exclude unauthorized entry, and further
where the owners control, attendance or lack of security measures to protect the
property suggest a more secure option be used, then the owner shall supply such
measure including such improved security of closures as may be necessary
beyond the options listed in Section 6(2).
Vacant buildings shall be kept clear of all garbage, rubbish and debris and shall
have all water, electrical and gas services turned off except for those services that
are required for the security and maintenance of the property.
Where a building remains vacant for a period of more than ninety (90) days, the
owner shall ensure that all utilities serving the building, which are not required for
the safety or security thereof, are properly disconnected or otherwise secured, to
prevent accidental or malicious damage to the building or adjacent property.
Damaged Buildings
Where a building is damaged by accident, storm, neglect or other causes or
intentional damage, the owner shall protect the building against further risk of
further damage, accident or other danger, and shall effectively prevent entrance
thereto by all unauthorized persons, by closing and securing openings to the
building within accordance with Sections 6(2) and 6(3) respectively.
The exterior walls and other surfaces of a building shall have smoke damage or
other defacement removed and the surfaces refinished.
Any such work required under this section, shall be done in compliance with the
Ontario Building Code, other applicable codes and by-laws, including but not
limiting the generality of the foregoing, in compliance with the requirements to
obtain a building or demolition permits.
Fire Damaged Buildings
Fire damaged buildings shall be kept clear of all garbage, refuse and debris and
shall have all water, electrical and gas services turned off except those services
that are required for the security and maintenance of the property.
In the event of fire or explosion, damaged or partially burnt material, demolished
material shall be forthwith removed from the premises, except that such material
may be temporarily stored for a maximum period of thirty (30) days within the
barricaded fire damaged building or unit.
Any foundation left after a fire, explosion or the demolishment of a structure shall
be filled up within thirty (30) days, in such a manner as to prevent an accident
hazard.
Any such work required under this section, shall be done in compliance with the
':)n~~rio Building C~de, other applicable codes and by-laws, including but not
hm1ting the generality of the foregoing, in compliance with the requirement for
obtaining building or demolition permits.
Page7 of 24
9.
(1)
(2)
(3)
(4)
(5)
(6)
10.
(1)
(2)
(3)
(4)
(5)
(6)
11.
(1)
(2)
Exterior Walls
Exterior walls of a building or a structure and their components, including soffits,
fascia, windows and doors shall be maintained in good :epair fre_e from ~racke?,
broken or loose masonry units, stucco and other defective c_laddmg or ~nm._ Pamt
or some other suitable preservative or coating must be applied and mamtamed so
as to prevent deterioration due to weather conditions, vermin or other damage.
Exterior walls and their components shall be maintained to prevent the entry of
vermin and birds.
Exterior walls and their components shall be repaired of vandalism or other
damage, including keeping them free of defacements by paint, inscription or other
markings and the repair of broken windows.
Exterior walls of a building or structure, and their components shall be maintained
so as to be free of posters, which are for the giving of notice for an event that has
already occurred, or where the message contained is not readable due to
damage or deterioration to the poster or its content, or which has loosened,
dislodged, torn or otherwise in a poor condition.
Pursuant to the Municipal Act, S. 0. 2001, c. 25 as amended, the cost of removal
of posters by the Township of North Dundas is collectable against the owner of
the advertising device under the terms of the said Municipal Act notwithstanding
the other content of this by-law.
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.
Roofs
A roof and all of its components shall be weather-tight so as to be free from leaks,
unsecured or unsafe objects or materials.
Roofing materials or components which have been damaged or show evidence of
rot or other deterioration shall be repaired or replaced.
A roof including the fascia board, soffit, cornice and flashing shall be maintained
in a weather-tight condition, and able to prevent the leakage of water into the
building.
Dangerous accumulations of snow or ice shall be removed from the roof.
A roof shall be kept clean and free from:
(a)
rubbish or other debris; or
(b)
objects or conditions that may create a health or accident hazard.
All chimneys, smoke or vent stacks, aerials, satellite dishes, lightning arrestors
and other similar structures and their supporting members shall be maintained in
a safe condition and in good repair.
Doors and Windows
All exterior openings for doors or windows shall be fitted with doors or windows
that will perform their intended function.
Windows, doors, skylights and basement or cellar hatchways shall be maintained
in good repair, weather-tight and reasonably draught-free, to prevent heat loss
and infiltration by the elements. Maintenance includes painting, replacing
Page 8 of 24
(3)
(4)
(5)
(6)
(7)
(8)
12.
(1)
13.
(1)
(2)
(3)
damaged doors, frames and other components, window frame~, sashes and
casings, replacement of non-servicE:able_hardware and rE:-glazin~ where
necessary. Screening shall be provided In accordance with Section 11 (4).
In a dwelling unit, all windows that are intended to be opened and ~II exterio~
doors shall have suitable hardware so as to allow locking or othe~1se s~cunng
from inside the dwelling unit. At least one entrance doc~ to a dwel!ing ~rnt_shall
have suitable hardware so as to permit locking or securing from either inside or
outside the dwelling unit.
All windows in a dwelling unit that are capable of being opened or that are
required for proper ventilation, shall be provided with screens and the scre~ns
shall be maintained in good repair so as to effectively prevent the entry of insects
and vermin.
The owner of a dwelling, upon the written request of an occupant ~f the d~elling .
unit shall provide and install a protective device on any operable window with a sill
height of less than 1.5 metres (5 feet) above the floor and that has an elevation
difference of more than 2 metres (6.5 feet) to an adjacent floor or finished ground
level.
The protective device shall be installed within seven days of the delivery of the
written request upon the building owner, the owner's agent or the building's
manager or superintendent, provided that such person and the occupant giving
notice may agree that the protective device is not required on every such window
that meets the requirements of Section 11 (5).
The protective device shall be installed and secured in such a manner as to:
(a)
restrict, when engaged, the operable sash to an opening of not more than
100 millimetres ( 4 inches);
(b)
a guard in accordance with the Ontario Building Code; or
(c)
a heavy duty screen conforming to CAN/CSA A-440 for windows.
The owner of a building containing ten (10) or more dwelling units shall post a
clearly printed copy of this section, conspicuously placed in the building so as to
be clearly legible to the occupants of the building.
Dampness
The interior floors, ceilings and walls shall be kept free from excessive dampness
arising from condensation or through the entrance of moisture from an exterior
wall, roof, cellar, basement or crawl space floor. Equipment to control humidity,
heating, ventilation or air conditioning may be employed singly or in combination
to effectively control dampness levels within normal parameters for the building to
minimize mold growth or to maintain a healthy indoor environment for occupants.
Foundations and Basements
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 subsoil drains at the footing, epoxy grouting, parging or waterproofing
walls.
Every dwelling, unless otherwise designed, shall be supported by foundation walls
or piers which extend below the frost line or to solid rock.
Every basement, cellar and crawl space in a property shall be maintained in a
reasonably watertight condition so as to prevent the leakage of water into the
building.
Page9 of 24
14.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
15.
(1)
(2)
(3)
(4)
Stairs, Balconies, Porches and Other Platforms
Interior and exterior stairs, landings, balconies, porches and any other means of
access shall be maintained so as to be free of holes, cracks and other defects
which may constitute possible accident hazards. Treads or risE:rs that show
excessive wear or are broken, warped or loose and a~I supporting structur~I
members that are rotted or deteriorated shall be repaired or replaced. Stairs that
are to be replaced shall conform to the Ontario Building Code.
Handrails shall be installed and maintained in good repair on all exterior stairs
which have more than three (3) risers and on all interior stairs which have more
than two (2) risers.
No existing exterior or interior stairway, including a fully enclosed outside stairway
but not including a fire escape, shall have:
(a)
an angle not exceeding 45 degrees from the horizontal;
(b)
a tread less than 184 mm (7 1/4 in);
(c)
a rise less than 89 mm (3 1/2 in); or
(d)
a rise greater than 235 mm (9 1/4 in).
Risers shall have uniform heights in any one flight with a maximum tolerance of
6mm (0.25 in) between adjacent treads or landings.
Existing handrails shall be located between 760 mm (30 inches) and 1060 mm
(42 inches) measured vertically above a line drawn through the outside edges of
the stair nosing. Replacement of handrails shall be in accordance with the
Ontario Building Code.
Every platform or surface to which access is provided, other than areas restricted
for maintenance purposes, including but not limited to flights of steps, ramps,
exterior landings, porches, balconies, mezzanines, galleries and raised walkways,
shall be protected by a guard on each side that is not protected by a wall for the
length of the unprotected opening where there is a difference in elevation of more
than 600 mm (24 in,) between the walking surface and the adjacent surface.
Guards are not required, at loading docks, floor pits in repair garages, or where
access is provided for maintenance purposes only.
Except for existing guards that have been maintained in good condition and are a
minimum height of 760 mm (30 inches) all guards including those that are
required to be replaced due to their deteriorated condition or to be installed under
Section 14(6), shall be constructed in accordance with the Ontario Building Code
and all such guards shall be maintained in good repair at all times.
Walls, Ceilings and Floors
Every wall, ceiling and floor in a building shall be maintained so as to provide a
surface free of holes, mould, cracks, loose coverings or other defects which is not
normal to the buildings function. Walls surrounding showers and bathtubs shall
be impervious to water and be readily cleanable.
Every floor in a building shall be reasonably smooth, level and maintained so as
to be free of mould and all loose, warped, protruding, broken, or rotted boards or
other material that might cause an accident or allow the entrance of vermin.
Every floor finishing in a bathroom, water closet room, kitchen, shower room and
laundry room shall be maintained so as to be impervious to water and readily
cleanable.
Sufficient thermal insulation to prevent condensation shall be provided between
heated spaces and unheated spaces.
Page 10 of 24
(5)
16.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
17.
(1)
(2)
(3)
When walls and ceilings are repaired, they shall be surfaced with a finish
compatible and "in like" with the surrounding finishes.
Plumbing and Water
All plumbing, drain pipes, water pipes and plumbing fixt~res_in a ~uilding and_
every connecting line to the sewage system shall be mamtamed m good working
order and free from leaks and defects.
All water pipes and appurtenances thereto shall be protected from freezing.
All fixture outlet pipes shall be connected to the sewage system through water
trap seals.
Every dwelling and every building to which water is available under pressure
through piping shall be provided with:
(a)
hot and cold potable water connected to every kitchen sink, every
washbasin, bathtub, shower, lavatory and laundry area;
(b)
piping for cold water connected to every toilet and hose bib.
Every dwelling shall be provided with an approved supply of potable water from at
least one of the following sources:
(a)
Municipal Water System;
(b)
Communal Water System; or
(c)
a Private Water System that is tested regularly for Coliform and E Coli as
recommenced by the Eastern Ontario Health Unit.
Every fixture shall be of such materials, construction and design as will ensure
that the exposed surface of all parts are hard, smooth, impervious to hot and cold
water, readily cleanable and free from cracks or other defects that may harbor
germs or impede thorough cleaning.
No water powered or water driven sump pumps or back up pumps are allowed to
be connected to any part of a plumbing system or water supply system that is
connected to a Municipal Water System or to a Municipal Sewage System.
No pipe connections are permitted between a private water source and a
Municipal Water System unless approved by the Township of North Dundas.
Normally open, back water valves must be installed on every santtary building
drain connected to a Municipal Sewage System that is subject to repair or is
otherwise considered new construction under the Building Code.
Heating Systems
A heating system shall be installed that is capable of supplying during normal
hours of occupancy of the building sufficient heat to maintain a temperature of not
less than 22° Celsius (72° Fahrenheit) in each habitable room. The heating
system shall be operated continuously from the 15th of September until the 1st of
June and shall be maintained so as to be automatic in functionality without the
requirement of human intervention.
All fuel burning appliances, equipment and accessories in a dwelling shall be
installed and maintained to the standards provided by the Energy Act, as
amended or other applicable legislation.
The heating system and all mechanical equipment associated with building
services shall be operated and maintained:
(a)
in good working order;
(b)
free from unsafe conditions; and
Page 11 of 24
(4)
(5)
(6)
18.
(1)
(2)
(3)
19.
(1)
(2)
(3)
(4)
(c)
in accordance with the requirements of the Ontario Building Code.
Except in the event of an emergency, no dwelling unit shall be equipped with
portable heating equipment as the primary source of heat.
Every fireplace, chimney, smoke pipe, flue, vent and similar construction shall be
maintained so as to be free from defects and shall prevent gases and smoke from
leaking into a dwelling unit.
An adequate supply of fuel shall be available at all times.
Electrical Services
The capacity of the electrical connection to a building a~d-the syst~n:1 of circuits
and electrical outlets distributing the electrical supply within the bu1ldmg shall be:
(a)
adequate for the intended use; and
. .
.
(b)
maintained at all times to be free from unsafe ~ond1t1ons and m .
accordance with the requirements of the Electrical Safety Authority.
The electrical wiring, fixtures, switches, receptacles and appliances located or
used in dwellings, dwelling units and accessory buildings shall be installed and
maintained in good working order so as not to cause fire or electrical shock
hazards.
In dwelling units, extension cords, shall not be permitted as a permanent solution
to inadequate receptacle locations. The use of extension cords should be limited,
temporary, properly sized for the equipment attached and, in the opinion of the
Officer, removed if a hazardous condition exists.
lighting
Adequate interior and exterior lighting fixtures shall be installed and maintained
over stairways, steps, ramps, entrance landings and other abrupt changes in floor
elevation. Minimum light levels shall be achieved so that work and normal
operations on the property can be undertaken in safety and without undue
eyestrain.
Every bathroom, toilet room, kitchen, laundry room, furnace room, basement,
cellar and storage room shall be provided with a permanent light fixture.
Outdoor lighting and indoor lighting, that can be seen outdoors, shall not be
directed, placed or shone onto a neighboring property. Light fixtures shall not be
directed toward a dwelling unit on the same property.
The standard for lighting fixtures referred to in Section 19(3):
(a)
does not include lighting located by a road authority;
(b)
does not apply to property owned or occupied by a municipal, provincial or
federal government;
(c)
does not require light fixtures used in conjunction with commercial,
industrial, institutional, agricultural or recreational uses to be turned off at
any time the use is actually being conducted, but may require the
re-direction, movement or the placing of shades or barriers to comply with
the standards;
(d)
does not require that an illuminated outdoor advertising sign on the
premises of a business to be turned off any time the business is open to
the public, but may require the redirection, movement or the placing of
shades or barriers to comply with the standards; or
(e)
does not require light fixtures used to illuminate any area for emergency,
security or public safety purposes to be turned off at any time, but may
Page 12 of 24
(5)
20.
(1)
(2)
(3)
require the re-direction, movement or the placing of shades or barriers to
comply with the standards.
Every bedroom in a dwelling unit shall have a window capable of being op_ened
without tools or special knowledge to a minimum unobstructed clear op~nmg of
0.34 sq. m. (3.8 sq. ft.), with no dimension being less than 380 mm (15 m.).
Walks and Safe Passage
There shall be a walkway leading from the principal entrance of every b~ilding to
a municipal sidewalk or street. Except that such walks may lead to ~ ~nveway or
parking area provided such driveway or parking area leads to a municipal street.
The surfaces of steps, walks, driveways, parking areas and similar areas of a
yard shall be maintained so as to afford safe passage under their normal use.
All surfaced paths, walkways, patios, steps, ramps, building entrances, driveways
and parking areas shall be adequately illuminated at night so as to afford safe
use.
21.
Fences, Barriers, Retaining Walls and Signs
(1)
Fences, barriers, retaining walls and signs shall be kept;
(a)
in good repair, free from accident hazards;
(b)
protected by paint, preservative or other weather resistant material, except
for wooden fences made of cedar, redwood or treated wood, so as not to
present an unsightly appearance;
(c)
stable, reasonably plumb and vertical, unless otherwise designed, as in the
case of stepping retaining walls;
(d)
free of hazzards such as, but not limited to, barbed wire, electrical shock
and loose or moving parts.
(2)
Unsightly markings, stains or other defacements on the exterior surfaces of
fences, screens or other enclosures shall be removed and the surface shall be
refinished when necessary.
(3)
Sign faces and their structures shall be maintained without any visible
deterioration of the sign or its structure.
(4)
Sections 21 (1) and 21 (2) shall not apply to a farm property.
22.
Water Closet Room, Kitchen and Bathroom Facilities
(1)
Every dwelling unit shall contain a kitchen sink, a water closet and hand wash
basin, and a bathtub or shower.
(2)
Every bathroom or water closet room shall be accessible from within the dwelling
unit and shall be fully enclosed and provided with a door capable of being locked.
(3)
Every bathroom and every water closet room shall have a permanently installed
light fixture that shall be maintained in good working order.
(4)
A hand wash basin shall be located in the same room as each water closet.
(5)
No water closet of any kind shall be located within a habitable room.
(6)
Where a water closet room, kitchen or bathroom facilities are shared by the
occupants of a residential accommodation, an appropriate entrance shall be
provided from a common passageway, hallway, corridor or other common space
to the room or rooms containing the said facilities.
Page 13 of 24
(7)
(8)
(9)
23.
(1)
(2)
(3)
(4)
(5)
(6)
24.
(1)
Every dwelling unit and residential care facility shall be provided with a kitchen
with the following:
.
.
.
(a)
kitchen areas within dwelling units either separated from or m combination
with other spaces, shall have an area not less then 4.2 sq. m. S45 sq.~-)
including the area occupied by the base cabinets, except that m dwelling
units containing sleeping accommodation for not more than 2 persons, the
minimum area shall be 3.7 sq. m. (40 sq. ft.);
(b)
cupboards or pantry for the storage of food,. dishes, and coo~ing utensils,
having an interior capacity of at least .8 cubic metres (30 cub~c feet), of
sufficient design that when loaded the cupboards or pantry will n~t
.
collapse, and secured in such a manner that when loaded they will not tip
or become detached from the wall to which the cupboards or pantry may
be secured; and
(c)
without affecting the above requirements, space sufficient to accommodate
a cooking range or countertop cooking unit, beside or in the countertop
and without placing the device in a doorway or a path of egress.
Kitchens shall be provided with space for cooking and refrigeration appliances
including suitable electrical or gas connections. Dwelling units shall be provided
with a refrigerator and a stove top and oven combination unless otherwise
specified by a lease agreement.
Where it is not physically possible within the existing design and structure of the
dwelling unit to comply with the provisions of Section 22 (7) a smaller pre-
manufactured efficiency type unit is acceptable.
Ventilation
Except as provided in Section 23(2), every habitable room shall have an opening
or openings for natural ventilation from outside which shall be maintained in good
working order.
The natural ventilation requirements prescribed in Section 23(1) may be omitted
from any room where the equivalent ventilation is provided by mechanical
ventilation equipment.
Except as provided in Section 23(4), every bathroom or room containing a water
closet shall be provided with an opening or openings for natural ventilation
located in an exterior wall or through openable parts of skylights and all such
openings shall have a minimum aggregate unobstructed area of 0.09 square
metres (1 square foot).
Where a system of mechanical ventilation is provided in accordance with the
Ontario Building Code, an opening for natural ventilation for a bathroom or toilet
room may be omitted.
All systems of mechanical ventilation shall be maintained in good working order.
All enclosed areas including basements, cellars, crawl spaces and attics or roof
spaces shall be adequately ventilated.
Fire Escapes, Alarms and Detectors
A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be provided
by the owners of buildings of residential occupancies where sleeping
accommodations are provided for more than ten persons in accordance with the
Ontario Building Code or the Ontario Fire Code, where applicable.
Page 14 of 24
(2)
(3)
(4)
(5)
25.
(1)
(2)
(3)
26.
Buildings using a fire escape as a seconda1>:' means of ewess shall have the
escape in good condition, free from obstructions and e~s1ly ~e~ched through an
openable window or door in accordance with the Ontano Build mg Code or the
Ontario Fire Code, where applicable.
Smoke alarms shall be installed in each dwelling unit and within each sleeping
room not within a dwelling unit so that the smoke alarm is audible within the
bedrooms when all intervening doors are in the closed position.
Smoke alarms shall be installed in conformance with the manufacturers
instructions.
Carbon Monoxide alarms shall be installed in each dwelling unit and within each
sleeping room not within a dwelling unit, where combustion ap~lianc~ exi~t ~nd
are susceptible to carbon monoxide spillage, so that the alarm Is audible w1thm
the bedrooms when all intervening doors are in the closed position.
Occupancy Standards
No person shall use or permit the use of a non-habitable room in a building for a
habitable room purpose.
T-he maximum number of residents in a dwelling unit shall not exceed one
(1) person per 9.3 sq m (100 sq ft) of habitable room floor area. .
For the purposes of Section 25(2):
(a)
children under twelve (12) years of age shall require half of the minimum
(b)
(c)
area;
habitable room space does not include the floor area under a ceiling which
is less than 1.95 m (6 ft 5 in) high; and
in the case where a finished ceiling is not applied to the underside of the
joists, the bottom of the joists shall be deemed to be a ceiling.
Accessory Buildings
(1)
Every accessory building shall be kept in good repair and free from health, fire
and accident hazards.
(2)
An accessory building or structure used or capable of being used as an out-house
or outdoor pit privy is prohibited and shall be removed from any property unless
used on a temporary basis and in conjunction with a construction site or a public
event.
(3)
Shipping containers, trailers and other such equipment shall not be used-as
accessory buildings instead of their intended purpose. They shall be stored on
property appropriately zoned.
27.
Pest and Vermin Prevention
(1)
Buildings not intended for the housing of animals shall be kept free of rodents,
vermin and insects. Methods used for exterminating such pests shall be in
accordance with the provisions of the Pesticides Act.
(2)
Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
Page 15 of 24
28.
(1)
(2)
(3)
(4)
29.
(1)
(2)
(3)
(4)
30.
(1)
Exterior Garbage Disposal
Every Building shall be provided with sufficient receptacles o~ commercia(
containers as may be necessary to contain all garbage, rubbish and debns of the
occupancies located therein.
Receptacles shall be acceptable containers that are:
(a)
made of water resistant construction;
(b)
provided with a tight fitting cover; and
(c)
maintained in a clean state.
Plastic bags shall not be stored outdoors unless protected from damage in proper
receptacles.
Garbage, rubbish and debris shall be removed from the property regularly in
accordance with Township regulations, except that materials of an extreme
flammable hazzard shall be removed immediately from residential property.
·Enforcement
Persons appointed or assigned for the purposes of enforcing or administering this
by-law are property standards officers and/or Municipal Law Enforcement Officer,
and have the authority to carry out the duties assigned to officers under this
by-law and the Ontario Building Code Act, and may enforce the provisions of this
by-law and the applicable sections of the Ontario Building Code Act.
A Property Standards Officer is hereby authorized to give immediate effect to any
order that is confirmed or modified as final and binding under Section 15.3(7) of
the Building Code Act, 1992, S.O. 1992, C.23 so as to provide for:
(a)
repair of the property; or
(b)
clearing of all buildings, structures or debris from the site and the leaving of
the site in a graded and leveled condition, where the cost of doing the work
does not exceed $20,000.
With respect to Section 28(2)(b), where the cost of doing the work exceeds
$20,000, the Director of Planning, Building and Enforcement, shall seek the
authorization from Council of The Corporation of the Township of North Dundas
to carry out the requirements of the order.
Upon completion of the work, repairs or demolition by or on behalf of The
Corporation of the Township of North Dundas, the municipality shall have a lien
on the land for the amount spent on the repair or demolition, and the amount shall
be c;leemed to be municipal real property taxes and may be added by the clerk of
the municipality to the tax roll and collected in the same manner an·d with the
same priorities as municipal real property taxes as provided for by statute.
Responsibilities and Compliance with Orders
The owner or occupant of a property shall:
(a)
comply with all standards prescribed in this By-law;
(b)
not permit any person to use or occupy any property owned, managed or
controlled by that person unless such property conforms to the standards
prescribed in this By-law;
(c)
comply with any final and binding order of the Property Standards Officer;
(d)
_produce documents or things requested by the inspector, for inspection, as -.
relevant to the property or any part thereof, and further to allow the
removal of such documents or things, for the purpose of making copies;
(e)
provide information or assist in the collection of information from other
persons concerning a matter related to the property or part thereof;
.Page 16 of 24
(2)
(3)
(4)
31.
(1)
(2)
32.
(1)
(2)
(3)
33.
(1)
(f)
(g)
(h)
allow entry by the inspector or such persons as needed to carry out an
inspection or test or in aid thereof;
permit examination, tests, sampling or photographs ~ecessar,: for the
purposes of an inspection or in aid thereof, and provide at their expense
when requested, tests and samples as are specified in an o_rde~, all as may
aid or assist in the carrying out of an inspection and determination of
compliance with this by-law and the relevant portions of the Building Code;
~
"d
ensure, that in complying with this by-law, and in carrying out work require
under an order or other obligation under this by-law, that the property and
activities shall be maintained in a condition and manner that avoids
conditions dangerous to the health and safety of the owner, occupants or
visitors to the property and to barricade and give adequate warning where
such risks cannot be so avoided.
A person affected by a property standards order may seek to have compliance
with an outstanding order determined by supplying such proof as may allow
compliance to be determined or permit or arrange for an inspection of the
property by an officer, and shall be liable to pay any applicable fees, charges or
expenses of the municipality.
Where the proof submitted in Section 30 (2) is insufficient for the officer to
determine compliance of the property with the order or part of the order, the
person shall, subject to the Building Code Act, S.O. 1992, C. 23, permit or
arrange for a reasonable and timely inspection by the officer to determine
compliance or that the proof submitted confirms compliance.
Where an officer determines there is compliance under this by-law with an order
issued and/or registered on the title to a property, the order shall be discharged
from the title.
Administration
This by-law shall apply to all properties within the boundaries of The Corporation
of the Township of North Dundas.
Where a provision of this by-law conflicts with a provision of another bylaw in
force within the municipality, the provisions that establish the highest standards to
protect the health, safety and welfare of the general public, shall prevail.
Property Standards Officer/ Property Standards Committee
The Council of The Corporation of the Township of North Dundas shall appoint an
Officer(s) to be responsible for the administration and enforcement of this by-law.
The Council of The Corporation of the Township of North Dundas shall appoint at
large, by resolution or by By-law of Council, a Property Standards Committee for
the term of office concurrent with Council.
The Property Standards Committee shall be structured in accordance with the
Rules and Procedures Policy attached as Schedule A to this By-law.
Right to Enter and Inspect
Where a by-law under Section 15.1 of the Building Code Act, 1992, S.O. 1992, C.
23, is in effect, an officer acting under this by-law or any person acting under his
?r he_r_ins~ructions
may, at any reasonable time, and upon producing proper
(dentif1~ation, enter upon any property without a warrant for the purpose of
inspecting the property to determine:
Page 17 of 24
(2)
34.
(1)
(2)
35.
(1)
(2)
(3)
(4)
36.
(1)
(a)
(b)
whether the property conforms with the standards prescribed in the by-law;
:hether an order made under this by-law has been complied with.
Notwithstanding Section 33(1), an officer shall no~ enter or rerr:i8:in in any room or
place actually used as a dwelling without, re~uestmg and_ obtaining the consent of
the occupier, first having informed the occupIe_r that the nght ~f entry may be .
refused and entry made only under the authority of a warrant issued under this
Act.
Notice of Violation
If, after inspection, an officer is satisfied that in some respect the property does
not conform with this By-law, he or she may issue an order to the owner and such
other persons affected by it as the officer determines and a copy of the order may
be posted on the property.
-
The order referred to in Section 34(1) hereof shall:
(a)
state the municipal address or the legal description of the property;
(b)
give reasonable particulars of the repairs to be made or stating that the site
is to be cleared of all buildings, structures, debris, or refuse and left in a
graded and leveled condition;
(c)
indicate the time for complying with the terms and conditions of the order
and give notice that, if the repair or clearance is not carried out within that
time, the municipality may carry out the repair or clearance at the owner's
expense;
(d)
indicate the final date for giving notice of appeal from the order; and
(e)
serve or cause to be served, by personal service, or by prepaid registered
mail sent to the last address of the person to whom notice is to that
person's agent for service.
Appeal of Order
An owner or occupant who has been served with an order made under this
by-law, and who is not satisfied with the terms or conditions of the order may
appeal to the Property Standards Committee by sending a notice of appeal by
registered mail to the secretary of the committee within 14 days after being
served with the order.
An order that is not appealed within the time referred to in Section 35(1), is
deemed to be confirmed.
Any owner or occupant or person affected by a decision of the committee, may
appeal to a Judge of the Superior Court of Justice by notifying the clerk of the
corporation in writing and by applying to the Superior Court of Justice for an
appointment within 14 days after the sending of a copy of the decision.
An order that is deemed to be confirmed or modified by the Committee or Judge,
shall be final and binding upon the owner and occupant who shall carry out the
repair or demolition within the time and in the manner specified in the order.
Registration of Order
An order issued pursuant to Section 34(1) may be registered in the Land Registry
?r Land _Titles Office and, upon such registration, any person acquiring any
interest m 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
Section 33.
Page 18 of 24
(2)
37.
(1)
38.
(1)
(2)
(3)
(4)
39.
(1)
(2)
(3)
(4)
(5)
40.
(1)
When the requirements of the order have been satisfied, ~he Cl~rk of_ The
Corporation of the Township of North Dundas shall forth':"'1th register m the Land
Registry or Land Titles Office a certificate that such reqwrements have been
satisfied, which shall operate as a discharge of such order.
Certificate of Compliance
An Officer who, after inspecting a property, is of the opinion th~t the prop~~ is in
compliance with the standards established in this By-law may issue a cert1f1cate of
compliance to the owner.
Penalties
Every person who contravenes or causes or permits any contravention of any of
the provisions in this By-law is guilty of an offence and upon conviction is liable to
a fine as provided for in the Provinical Offences Act, R.S.O. 1990, CH. P.33, as
amended.
A person who fails to comply with an order, direction or requirement made under
the Ontario Building Code Act is guilty of an offence.
A person who is convicted of an offence is liable to a fine pursuant to the Ontario
Building Code Act of not more than $50,000 for a first offence and to a fine of not
more than $100,000 for a subsequent offence.
If a corporation that is convicted of an offence is liable to a fine pursuant to the
Ontario Building Code Act of not more than $100,000 for a first offence and
$200,000 for a subsequent offence.
Interpretation
In this By-law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
Dimensions specified in metric units shall be the official dimensions. Imperial
dimensions contained in parentheses are provided as a convenience only.
In this By-law, the word "metre" shall be represented by the abbreviation "m", the
word "centimetre" shall be represented by the abbreviation "cm", the word
"millimetres" shall be represented by the abbreviation "mm", the word "feef' shall
be represented by the abbreviation "ft", and the word "inches" shall be
represented by the abbreviation "in".
It is declared that if any section, subsection or part or parts thereof 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.
This By-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation" under the Farming and Food Production Protection Act,
1998, S.O. 1998, c.1, from carrying out a normal farm practice.
Permits
If a building permit is required for the purpose of, building, repairing or
demolishing a structure or building, it is the responsibility of the property owner to
obtain such permit. Failure to obtain the proper permit could results in a fine
under the Ontario Building Code.
.
Page 19 of 24
41.
Power to Restrain
(1)
lfthis By-law, Acts or regulations are contravened and a conviction is entered, in
addition to any other remedy and to any penalty imposed by this Act, the court in
which the conviction is entered, and any court of competent jurisdiction thereafter,
may make an order prohibiting the continuation or repetition of the offence by the
person convicted.
42.
Repeal of Former By-law
(1)
By-law 13-99 of The Corporation of the Township of North Dundas is hereby
repealed.
Read a first, second, and third time and finally passed this 10th day of July 2012.
Mayor, Eric Duncan
Page20 of 24
Schedule "A"
Property Standards Committee
RULES AND PROCEDURES
1.
DEFINITIONS
1.1
1.2
1.3
1.4
1.5
1.6
"Business Meeting" means a meeting arranged for the general discussion and
business of the Committee but does not include an "appeal hearing" as stated in
Section 15.3(1) of the Building Code Act, 1992,c.23, as amended.
"Committee or Property Standards Committee" means individuals appointed
by the Council of the Corporation of the Township of North Dundas by By-law
under Section 15.6 of the Building Code Act, 1992,c.23, as amended.
"Chair" means a member of the Committee elected from amongst the Members
of the Committee, or in the absence of the Chair then as elected on a hearing by
hearing basis. The chair shall be responsible for the conduct of a Hearing to
consider an appeal application as outlined in Section 15.3(1) of the Building Code
Act, as amended, in accordance with the Committee resolutions. The term Chair
also includes an acting Chair.
"Appeal Hearing" means a meeting called by the Secretary or Chair pursuant to
an appeal made under Section 15.3(1) of the Building Code Act, 1992,c.23, as
amended, and in accordance with the Rules and Procedures of the Committee.
An Appeal Hearing may include a Business Meeting.
"Member'' means an individual appointed by the Council of the Corporation of the
Township of North Dundas to sit on the Property Standards Committee by By-law
under Section 15.6 of the Building Code Act, 1992,c.23, as amended.
"Secretary'' means the Secretary of the Committee as appointed by the Property
Standards Committee of the Township of North Dundas under Section 15.6(6) of
the Building Code Act, 1992,c.23, as amended.
2.
BUSINESS MEETINGS
2.1
Generally, the Property Standards Committee shall hold a business meeting at
least once during their term which shall be open to the public. The purpose of the
meeting shall be, among other matters, to elect a Chair and appoint a secretary,
to discuss and establish by resolution, the policies and practices of the
Committee, and to address any other matters related to the Committee operation.
The business meeting may be combined with a regular Appeal Hearing.
2.2
The Chair or Secretary may call a business meeting.
2.3
No business meeting shall take place unless reasonable efforts have been taken
to give a minimum of one week notice to all Committee Members and the
Secretary.
2.4
All business meetings shall be held at 636 St. Lawrence Street, Winchester,
unless specified otherwise on the notice.
2.5
a) Quorum, for the purpose of a business meeting shall be attendance by four
(4) or more Members ..
b) If no quorum is present thirty (30) minutes after the time appointed, the
Secretary or Chair of that business meeting may discharge the Members
present and reschedule the business meeting.
2.6
In the absence of the elected Chair of the Committee, the Secretary may act as
Chair until a Chair or an acting Chair is elected from amongst the Members of the
Committee. In the case of an acting Chair that member shall act as Chair of the
Township of North Dundas
Page21
Rules and Procedures
Page21 of 24
Committee until the next Chair is elected bY the Committee at a subsequent
Meeting of the Committee.
2. 7
The Chair shall be counted in determining quorum and shall be entitled to all the
rights of a Committee member, including voting. -
2.8
The resolutions of the Committee affecting Committee policy and practice, shall
be those resolutions passed by a supporting vote of no less than four (4)
Members at a business meeting.
3.
APPEAL HEARINGS
3.1
All hearings of the Property Standards Committee, pursuant to Section 15.3(1) of
the Building Code Act, 1992, S.O. 1992, c.23, as amended, to consider an appeal
(Appeal Hearings) shall be called by the Secretary or Chair of the Committee.
3.2
All hearings of the Property Standards Committee are closed to the public and all
information revealed during the hearing will be kept confidential by all those who
attend the meeting. Visitors who are requested to attend the meeting to provide
information to the committee will be advised by the chair of this rule, and all
persons must agree to keep confidentiality in order to remain in attendance.
3.3
Notice of an Appeal Hearing shall be sent with in 10 days of the hearing date to
the applicant for the Appeal Hearing, the owner as defined in Section 15.1 (1) of
the Building Code Act, 1992, S.O. 1992, c.23, as amended, and to those persons
whom the committee deems advisable. Such notice may include posting on the
property if the committee deems advisable or if the Property Standards Officer
has posted the orders so appealed.
3.4
An appeal hearing shall be heard no later than 30 days from the date the
application was received by the Secretary.
3.5
An application to appeal the orders of a Property Standards Officer shall include
the name, address, and phone number of the applicant, the location of the
property described in the orders, the name and phone number of the owner, the
name and phone number of all the occupants, the willingness to appear before
the committee, and the reasons for the appeal. The applicant shall pay to the
Township a fee of no less than $200.00.
3.6
Notice of an Appeal Hearing shall include the date, time, place of the hearing,
subject property, and the purpose and effect of the appeal.
3.7
The Secretary may cancel or reschedule an Appeal, only if a written request is
made by the applicant, authorized agent, or applicant's representative before the
Notice of an Appeal is sent out. At which time and subject to the recovery of any
costs to the municipality, the Township may provide a full refund to the applicant.
3.8
All Appeal Hearings shall be held at 636 St. Lawrence Street, Winchester, unless
specified otherwise on the notice of appeal.
3.9
An application information packet including a copy of the Orders served, a
detailed brief of the office file, and notes of the Property Standards Officer, shall
be provided by the Secretary or designate, to the Committee Members only. The
information packets will be kept confidential by the members and returned to the
Secretary for disposal after the hearing.
3.10
Rotation of Committee Members
a) Of the five (5) appointed Members of the Property Standards Committee, only
three (3) of the five (5) Members may be summoned to attend an Appeal
Hearing by the Secretary. If the Chair of the Committee is not summoned
than an acting Chair shall be elected among the summoned members as the
first order of business.
b) The Secretary shall select and evenly alternate the Members of the
Committee who attend each Appeal Hearing. An attendance record shall be
maintained and brought to each Appeal Hearing.
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c) Three Members constitute a quorum for an Appeal Hearing. The Chair shall
be counted in determining quorum.
d) Jf no quorum is present thirty (30) minutes after the :time app~inted for an
Appeal Hearing, the Secretary or Chair of that hearing r:iay discharge the
Members present and may reschedule the Appeal Hearing.
3.11
The Committee shall be called to order by the Chair of the Appeal Hearing or the
Secretary, or designate of the Committee.
3.12
The first order of business shall be to appoint an Acting Chair if the Chair of the
Committee is not present.
3.13
The Chair shall call for any requests for deferral of an appeal or for any request
for withdrawal of an application.
a) A request to defer the consideration of an application to ~ later Appeal
Hearing date must be for a reasonable cause as determined by the
Committee. The Committee at its own volition may defer the consideration of
an application or reject a request for deferral and continue with the hearing.
The Committee may set a new Appeal Hearing date for the consideration of
the appeal and shall indicate any other requirements or conditions for deferral,
such as re-notification, additional costs for a subsequent Hearing to be
charged to the applicant if applicable, amendment or additional required
information. The Committee may determine that the consideration of an
application on a deferred date is peremptory (final).
b) The Committee may continue to hear an appeal even if the owner or the
applicant is not present.
3.14
The Chair shall call each application in an order determined by the agenda or in
an order determined by the Chair of the Appeal Hearing and/or the Committee.
3.15
a) The Chair shall review the information packet to present a summary of the
case file. The chair may also engage such employees, officers, and
consultants as is considered expedient within the limits of the money
appropriated for that purpose.
b) Following the summary review, the Chair may ask the applicant, the owner or
anyone else in attendance to introduce themselves and present any other
information in relation to the application.
3.16
The Committee Members, through the Chair, may ask questions of those persons
in attendance. Questions may be asked during the presentation, however,
typically questions are put forward by the Members of the Committee at the
conclusion of the presentation(s).
3.17
The Chair may ask any individual or member who fails to conduct themselves in a
reasonably calm manner, to remove themselves from the hearing. The
committee may continue to hear the appeal without the information or
participation of that individual, or choose to speak at anytime with that individual
apart from the others in attendance.
3.18
The Committee (through its quorum) has all the same powers and functions of the
Property Standards Officer. The Committee may;
a) confirm, modify, or rescind the order to repair or demolish the structure(s); or
b) extend the time for compliance with the order if, in the opinion of the
committee, the general intent and purpose of the By-law and of the Official
Plan or Policy Statements are maintained.
3.19
The Committee, though not required to view the property, may choose to do so
with or without the owner present. Where the committee chooses to review the
property the Members, as a quorum, shall visit the property together reserving
any discussion or decision for the Appeal Hearing. The Members of the
Committee may ask questions at anytime of those persons present but shall
endeavour to hold discussion, on the merits of various findings, for the Appeal
Hearing.
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3.20
During deliberations the Members should stay focussed on the intent of the
Property Standards By-law with respect to the property and its owner. There are
many issues which may overlap with the jurisdiction of the Rental Tribunal and the
Tennant Protection Act. The Committee may choose to hear such issues but
shall endeavour to stay focussed on the Property Standards By-law and the
property it serves.
3.21
After having considered the issues raised by the applicant, the owner, any
respondents, and the evidence heard at the Hearing by the Committee, the Chair
shall ask whether the Members wish to conduct further discussions on the merits
of the appeal. At the conclusion of submissions, the Chair shall ask the Members
of the Committee for a motion with respect to the disposition of the appeal. The
Chair, upon receipt of a motion from a Committee Member shall ask for a
seconder to the motion. The Chair shall call for a vote by the Committee on the
motion and the Chair shall announce, at the Appeal Hearing, the decision of the
Committee, whether it be approved, refused, or deferred. The Chair shall be
entitled to all rights of a Committee Member, including voting.
3.22
Committee Members concurring in the decision of the Committee shall sign the
Notice of Decision at the Application Hearing and the names of the Members
present not concurring in the decision shall be noted.
4.
OTHER
4.1
The conduct of Members and business meetings, with respect to matters not
specifically addressed, shall generally in accordance with the Municipal Act 2001,
S.O. 2001, c.25, as amended, the Municipal Conflict of Interest Act, s.o. 1990, c.
M.50, as amended, and Robert's Rules of Order.
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