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CORPORATION OF THE MUNICIPALITY OF NORTH GRENVILLE
BY-LAW NO. 102-24
Being a By-Lawto Prescribe Standards for Maintenance and Occupancy of
Property within the Municipality
WHEREAS Section 15.1(3) paragraph 1 of the Building Code Act S.O. 1992, Chapter
23, as amended, empowers Councils of local municipalities to pass by-laws prescribing
standards for maintenance and occupancy of property within the municipality or within
any defined area or areas, and for prohibiting the occupancy or use of such property
that does not conform with the standards;
AND WHEREAS Section 15.1(3) paragraph 2 of the Building Code Act S.O. 1992,
Chapter 23, as amended, empowers Councils of local municipalities to pass by-laws
requiring property that does not conform with the standards to be repaired and maintained
to conform with the standards, or for the site to be cleared of all buildings, structures,
debris or refuse and left in graded and leveled condition;
AND WHEREAS Section 15.4.1 of the Building Code Act, 1992. S.O. 1992, C. 23. as
amended, provides that a municipality may require a person, to pay an administrative
penalty if the municipality is satisfied that the person has failed to comply with a by-law
of the municipality passed under section 15.1 of that Act;
AND WHEREAS Section 15.4.1 of the Building Code Act, 1992, S.O. 1992. C. 23, as
amended, provides that a municipality may require a person, to pay an administrative
penalty if the municipality is satisfied that the person has failed to comply with an order
of an officer under subsection 15.2 (2) as deemed or as confirmed or modified by the
committee or a judge under section 15.3 of that Act;
AND WHEREAS Section 15.6(1 ) of the Building Code Act, 1992, S.O. 1 992, C.23,as
amended, requires that a By-Law passed under section 15.1(3) shall provide for the
establishment of a Property Standards Committee;
AND WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, permits a municipality to require an owner or occupant of land to clean and
dear the land, or to clear refuse or debris from the land, not including buildings;
ANDWHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001 . c. 25. as amended,
provides that a municipality may pass by-laws providing that a person who contravenes
a by-law of the municipality passed under that Act is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.
provides that a municipaHty may establish a system of fines for offences under a by-
law of the municipality passed under that Act;
AND WHEREAS section 434.1(1) of the Act, provides that a municipality may require a
person, subject to such conditions as the municipality considers appropriate, to pay an
administrative penalty If the municipality is satisfied that the person has failed to comply
with a by-law of the municipality passed under this Act;
AND WHEREAS there is an Official Plan in effect in the Municipality of North Grenville,
which includes provisions relating to maintenance and occupancy standards;
NOWTHEREFORE the Council of the Corporation of the Municipality of North Grenville
enacts as follows:
SHORT TITLE
1. This by-law maybe cited as the "Property Standards By-Law".
DEFINITIONS
2. !n this by-law:
"Accessory Building" means a detached building or structure, not used for human
habitation, that is subordinate to the primary use of the same property.
"Administrative Penalty By-law" means the Administrative Penalty By-law of the
Municipality, as amended from time to time. or any successor thereof.
"Appliances" include refrigerators, stoves, clothes washers, clothes dryers, dishwashers
and hot water tanks.
"Basement" means that space of a building that is partly below grade, which has half or
more of its height, measured from floor to ceiling above the average exterior finished
grade.
"Building" means a structure having a roof supported by columns, walls or directly on
the foundation and used for the shelter and accommodation of persons, animals or
goods.
"Building Code" means the building code under the Building Code Act, S.O. 1992, as
amended.
"Cellar" means that space of a building that is partly or entirely be!ow grade, which has
more than half of its height, measured from floor to ceiling below the average exterior
finished grade.
"Committee" means a Property Standards Committee established by the municipality of
North Grenville.
"Derelict Vehicle" means any type of vehicle, including a motor vehicle, trailer, camper
trailer, traction engine, farm tractor, road building machine and any vehicle drawn,
propelled or driven by any kind of power, including motorized snow vehicles, recreation
vehicles, off-road vehicles and boats which do not have the current year's license plate
affixed and registration and which have been continuously parked on the same property
for more than thirty (30) days, but does not include classic or antique vehicles properly
stored within a building or structure.
"Designated provision" means any section of this By-law designated in accordance with
section 174.
"Dwelling" means a building occupied or capable of being occupied for the purpose of
human habitation, in which all usual domestic functions may be carried on, and Includes a
dwelling unit as defined herein.
"Dwelling Unit" means one or more habitable rooms, occupied or capable of being occupied
in which separate kitchen and sanitary facilities are provided for the exclusive use of the
occupants, and with a separate entrance from outside the building or from a common hallway
inside the building.
"Exterior Common Areas" includes roads, pathways, parking areas and garbage storage
areas.
"Exterior Yard" means the open, uncovered space on a !ot appurtenant to a building and
unoccupied by buildings or structures, extending from the exterior walls of the main building
to the property boundaries.
"Fire Code" means the fire code under the Fire Protection and Prevention Act,1997.
"Guard" means a barrier, that may or may not have openings through it, to prevent people
from accidental falls.
"graffiti" means one or more letters, symbols, etchings, figures, inscriptions, stains
howsoever made or otherwise affixed to a property or other markings that disfigure or
deface a property but does not include a murai.
"Habitabie Space" means a room or area used or intended to be used for living, sleeping,
cooking or eating purposes and includes a washroom.
"Interior Common Areas" includes laundry rooms, garbage rooms, corridors, boiler rooms,
parking garages, storage areas and recreation rooms.
"Land Lease Community" means a residential complex containing rental units that are sites
on which there are single dwelling units that are permanent structures.
"Maintenance" shall mean the preservation and keeping in repair of a property.
"Multiple Dwelling" means a building containing three or more dwelling units.
"Municipality" means the Corporation of the Municipality of North Grenville.
"Occupant" shall mean any person or persons in possession of the property.
"Officer" means the Property Standards Officer for the Corporation of the Municipality of
North Grenviile, or those persons appointed to act in that capacity.
"Owner" means a person or persons who is in legal possession of a property, and also
Includes a person who for the time being manages the property or receives the rent for it or
who pays municipal taxes on the property whether on their own account or as an agent or
trustee of any other person, who would carry out the aforementioned duties if the property
were let, and shall also include a lessee or 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
the maintenance and occupancy of the property.
"Person" Indudes any physical or corporate entity, partnership or any association and the
heirs, executors, administrators, successors and assigns or other legal representative
thereof to whom the context may apply.
"Repair" shall mean the provision of such facilities and the making of additions or alterations
or the tiling of such actions as may be required so that the property shall conform to the
standards established in the by-iaw. Al! repairs shall be made in conformity to the Ontario
Building Code, the Regulations of Hydro Electric Power Commission of Ontario and
Regulations made under the Public Health Act of Ontario.
"Rooming House" means a habitable room or rooms occupied or capable of being occupied
which do not have both bathroom and kitchen facilities for the exclusive use of the individual
room occupants.
"Sewage System" means a municipal sanitary system or a private sewage disposal
system and includes a sewage system as defined in the Ontario Building Code, and a
sewage works as defined in the Ontario Water Resources Act.
"Toilet Room" shall mean a room containing a water closet and a wash basin.
"Washroom" means an area containing a toilet, a washbasin and a bathtub or shower.
"Yard" shal! mean land other than publicly owned land, around and appurtenant to any
property or any part of a building or structure and used or intended to be used or capable of
being used in connection with said property and includes vacant land.
OCCUPANCY STANDARDS
3. No person shall use or permit the use of a non-habitabfe room in a dwelling for a
habitable room purpose.
4. The maximum number of occupants in a dwelling or dwelling unit shal! not exceed
one person per 9.4 square metres of habitable room floor area, with any child under
twelve years of age deemed a one-half person when calculating the maximum
permitted number of occupants.
5. For the purpose of computing habltable room space, the floor area under a ceiling
less than 2.1 metres high shall not be included and if a finished ceiling is not applied
to the underside of the joists the area shall not be deemed to be habitable room
space.
6. No room in any dwelling shall be used for sleeping purpose unless it has a rriinimum
width of 2 metres and a minimum floor area of 7 square metres, with at least one-
half of the required minimum floor area having a ceiling height of 2.1 metres or more
and no floor area having a ceiling height of !ess than 1.40 metres being included in
the mininnum floor area calculation.
7. No person shall use, occupy, permit the use of occupancy of, rent, or offer to rent,
any property that does not conform with the standards prescribed in this by-iaw.
STRUCTURAL STANDARDS
8. The structural elements of buildings and structures shall be maintained in a sound
condition so as to be capable of safely sustaining their own weight and any load or
force that may normally be imposed.
9. Every foundation wall, basement, cellar or crawl space, floor, slab at ground level,
exterior wall and roof shall be structuraliy sound, weather-tight and damp-proofed
and shall be maintained in a good state of repair so as to reasonably protect against
deterioration, including that due to weather, fungus, dry rot. rodents, vermin or
insects.
10. The foundation walls shall be maintained in good repair and structurally sound and
when required shall be so maintained by shoring of the walls, installing ofsub-soil
drains at the footing, grouting masonry cracks, parging and waterproofing the walls.
a) Every dwelling unless, of the slab-on-grade type shal! be supported by
foundation walls or piers which extend beiow the frost line or to solid rock.
b) All footing, foundation walls, piers, siabs-on-grade shall be of a masonry or
other suitable material.
c) Subsections 10(a) and 10(b) do not apply to accessory buildings.
11. Materials or objects which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
12. Buildings which are intended for human occupancy shall have their roofs maintained
so as to prevent the entry of the elements.
13. Ail roofs and any cornice flashing, fascia, soffit, coping, gutter, rainwater leader,
vents or other roof structure shall:
a) be maintained to properly perform their intended function; and
b) be kept clear of obstructions, hazards and dangerous accumulations of snow
and ice.
14. Retaining walls, guards and fences in exterior common areas shall be maintained in
a structurally sound condition, free from hazards, and free of unsightly markings,
stains or other defacements, including graffiti.
15. Every floor, stair, veranda, porch, deck, balcony and loading dock, every structure
similar to any of them, and any covering, guard or surface finishing shall be maintained
in a safe and serviceable condition.
16. Every cabinet, cupboard, shelf and counter top shall be maintained in a structurally
sound condition, free from cracks and deterioration.
PLUMBING & SEWAGE
17. Ali buildings intended for human habitation or occupancy shall be provided with an
adequate supply of potable running water.
18. Plumbing and drainage systems and appurtenances shall be maintained free from leaks,
defects or obstructions and adequately protected from freezing.
19. All buildings intended for human habitation or occupancy shall be provided with an
approved means of sewage disposal, in accordance with the requirements of the
Ontario Building Code or Regulations of the Ministry of Environment.
20. The means of sewage disposal sha!) be maintained in a good state of repair.
DRAINAGE
21. Roof drainage or surface water shall;
a) be drained from the lands so as to prevent recurrent ponding or entrance of water
into a basement or cellar; and
b) not be channeled to discharge on sidewalks, stairs, or neighboring property.
c) Sub-surface drainage shall be installed where there is recurring excessive
ponding caused by surface water.
22. Where eaves-trough and down-spouts are installed, the roof drainage shall be
discharged onto the ground at least 1.2 metres from the building where it is physically
possible.
23. Storm water run off shall be drained from the grounds and from any area below
exterior grade so as to prevent excessive ponding, erosion or the entrance of water into
a building or structure.
24. Storm water from a roof area of 46.5 square metres or more shall be conveyed to a
storm sewer or storm drainage ditch, where available.
TOILETS, BATHROOMS AND KITCHENS
25. Every dwelling shall contain the following fixtures:
a) A toilet;
b) A kitchen sink;
c) Awashbasin; and
d) A bathtub or shower
26. Section 25 does not apply with respect to a dwelling which shares a fixture described
in Section 25 as long as not more than two dwelling units share the fixture and access
to the fixture from each unit is possible without passing through:
a) another dwelling unit;
b) along an unheated corridor; or
c) outside the building containing the dwelling units.
27. Section 25 does not apply with respect to a rooming, boarding or lodging house as
long as there is at least one toilet, one washbasin and one bathtub or shower for
every five residents and all tenants shall have access to a kitchen sink.
28. Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, wash basin and a bathtub or suitable shower unit. Every
wash basin and bathtub or shower shall have an adequate supply of hot and cold
running water. Every water closet shall have a suitable supply of running water.
29. Where toilet or bathroom facilities are shared by occupants or residential
accommodation other than self-contained dwelling units, 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.
30. The fixtures required in section 25 shall be maintained and shall be supplied with a
supply of potable water sufficient for normal household use at a flow and pressure for
the intended use of the fixtures.
31. Every kitchen sink, washbasin, bathtub and shower shall be provided, by safe
equipment, with hot and cold running water.
32. The ordinary temperature of the hot water provided must be at least 43 degrees celsius.
33. Every washroom shall be enclosed and shall have,
a) awater-resistantfioor; and
b) a door that can be, secured from the inside, and opened from the outside in
an emergency.
34. Any walls and the ceiling around a bathtub or shower shall be water resistant.
35. Every floor in the bathroom, toilet room, shower room, laundry room and kitchen shall
be maintained so as to be impervious to water and readily cleaned.
36. No toilet or urinal shall be located In a room used for or intended to be used for
sleeping or preparing, consuming or storing food.
37. Buildings where people work shall have a minimum of one (1) water doset and one (1)
wash basin supplied with an adequate supply of hot and cold running water located in
an enclosed room and accessible from within the building.
38. All toilet rooms and toilet facilities in non-residential buildings shall:
a) be futly enclosed and have a door capable of being locked so as to provide
privacy for the user;
b) be kept clean and neat at all times;
c) be provided with toilet paper, soap and individual toweis or other means of
drying; and
d) be provided with an opening or openings for natural ventilation located in an
exterior wall or skylight and all such openings shall have a minimum aggregate
unobstructed free flow area of 0.09 square metres.
39. An opening for natural ventilation may be omitted from a toilet room where a system
of mechanical ventilation has been provided, such as an exhaust fan with a duct
leading to outside the building.
40. Every kitchen provided with gas or electrical supply for cooking purposes, shall have
the said supply approved by the appropriate authority.
41. There shall be at least 600 mm. clear space above any exposed cooking surface of a cooking
appliance.
42. The splash back and counter top around the kitchen sink shall have an impervious
surface.
ELECTRICAL & APPLIANCES
43. An adequate supply of electric power shall be available at all times in all habitable
parts of every occupied dwelling unit except where the lease makes the tenant
responsible for the supply of electricity and where the supplier has discontinued the
service because of arrears in payment.
44. The wiring and receptacles necessary to provide electrical power shal! be properly
maintained and shal! comply with the Electrical Safety Code under the Power
Corporation Act.
45. If a dwelling unit has a meter for electricity for the purpose of billing the tenants of that
unit, then the meter shall be properly maintained and kept accessible to the tenants.
46. Fuses or overload devices shall not exceed limits set by the Hydro Electric Power
Commission of Ontario.
47. Lighting equipment shall be Installed throughout the dwelling unit to provide
illumination, unless otherwise permitted pursuant to the applicable legislation.
48. Extension cords which are not part of a fixture shall not be permitted where they
present a hazardous condition in the opinion of the Property Standards Officer.
49. Every kitchen shall have outlets suitable for a refrigerator and cooking appliance.
50. Appliances supplied by the landlord as part of a residential tenancy lease shall be
maintained in working order in a safe and efficient operating condition at all times.
HEATING
51. Every dwelling sha!l have heating equipment capable of maintaining the temperature
levels required by Subsection (a).
a) Heat shall be provided and maintained so that the room temperature at 1.5
metres above floor level and 1.0 metres from exterior wails in all habitable space
and in any area intended for normal use, including recreation rooms and laundry
rooms in multiple residential buildings, but excluding !ocker rooms and garages,
is at least 20 degrees celsius.
b) Subsection (a) does not apply to private dwellings and dwelling units in which the
owner or the tenant, respectively, can regulate the temperature as long as a
maximum temperature of 20 degrees celsius can be maintained.
52. No dwelling shall be equipped with portable heating equipment as the primary source
of heat.
53. Only heating equipment approved for use by a recognized standards testing authority
shall be provided in a room used or intended for the use for sleeping purposes.
54. Fuel supplied to a dwelling shall be supplied continuously in adequate quantities.
55. Utilities supplied to a dwelling sha!l be supplied continuously.
56. Sections 54 and 55 do not apply if a residential tenancy agreement makes the tenant
responsible for the supply of fuel or utilities and the supply has been discontinued
because of arrears in payment.
57. The supply of fuel and utilities may be interrupted for such reasonable period of time
as may be required for the purpose of repair or replacement.
58. Heating systems, including stoves, heating appliances, fireplaces intended for use,
chimneys, fans, pumps, filtration and other equipment provided to supply heat, shall
be properly maintained.
a) A space that contains heating equipment that bums fuel shall have natural or
mechanical means of supplying the air required for combustion.
b) If heating equipment burns solid or liquid fuel, a storage place or receptacle for
the fuel shall be provided in a safe place and maintained in a safe condition.
59. Every chimney, smoke pipe, flue and vent shall be maintained so as to:
a) prevent gases from leaking into the dwelling;
b) be free of any defects; and
c) prevent combustible material adjacent thereto from igniting.
60. Fireplaces and similar construction used or intended to be used for burning fuels in
open fires shall be;
a) connected to chimneys; and
b) installed so as to not to create a fire hazard to nearby or adjacent
combustible material and structural members.
61. Those portions of a multiple residential building used for human habitation,
including common areas, shall be maintained to minimize heat loss through air
infiltration.
62. Locker and storage rooms shall be kept reasonably free ofdampness and rniidew.
LIGHTING AND VENTILATION
63. All exterior and interior common areas in multiple residential buildings shall have
artificial lighting sufficient so that those areas can be used or passed through safely
and this artificial lighting shall be provided in accordance with the requirements of
the Ontario Building Code and shall be maintained in a good state of repair;
a) Artificial lighting in interior common areas in multiple residential buildings that
meet the level required by the Ontario Building Code shall be deemed to be
sufficient for the purpose of section 63.
64. Alt habitabie space shall have natural or mechanical means of ventilation in
accordance with the Ontario Building Code, in order to keep the space reasonably
free from dampness and mildew;
65. Every bedroom, living room and dining room shall have a window (which may be
part of a door) to the outside.
a) A window is not required in a dining room if electrical lighting is provided.
b) A window is not required in a living room or dining room if;
i. there Is an opening in a dividing wall to an adjoining room;
ii. the adjoining room has a window to the outside; and
iii. the total window area of the room is at least 5 per cent of the combined
floor areas.
66. Section 65 appiies with respect to every window in a dwelling unit that is in a story
above that has:
a) its floor closest to ground level; and
b) its ceiling more than 1.8 metres above average ground level.
67. At the request of the tenant, each window referred to in section 66 shail be
equipped with a safety device to prevent any part of the window from opening so
as not to admit a sphere greater than 100 mm in diameter.
68. No window referred to in section 66 shall be equipped with a safety device that
makes it incapable of being opened by an adult in an emergency without the use
of tools.
69. Every existing opening in the exterior surface of a building designed for a door,
window or skylight shall be equipped with a door, window or skylight capable of
performing the intended function.
70. Doors, windows and skylights shall be maintained so that:
a) they are weather-tight; and
b) any damaged or missing parts are repaired or replaced.
71. Chimneys, smoke pipes, flues and gas vents shall be kept clear of obstruction and
maintained so as to prevent the escape of smoke or gases into the building.
DOORS AND WINDOWS
72. Ail exterior openings for doors or windows shall be fitted with doors or window.
73. Windows, exterior doors and basement or cellar hatchways shall be maintained
in good repair and properly fitted so as to minimize heat loss and prevent the
entrance of wind, rain or snow into the dwelling.
74. Doors, door frames, window frames, sashes, casings and weatherstripping that
have been damaged or show evidence of rot or other deterioration shal! be painted,
repaired or replaced.
75. Every window and exterior door, including a balcony door, that is capable of being
opened and that is accessible from the outside of the unit shall be equipped so
that it can be secured from the inside.
76. At least one entrance door in a dwelling shall be equipped with a latch that has
a locking mechanism, that is capable of securing the premises from entry without
a key.
77. Ifavestibule door locking release and a unit-to-vestibule communication system is
provided, it shall be maintained in an operational condition.
78. Parking areas that are intended to be secured, shared locker rooms and shared
storage rooms in multiple residentia! buildings sha!l be provided with doors equipped
with security devices that prevent access to persons other than a landlord and
tenants.
79. Every existing interior door shall be maintained so that it is capable of performing
its intended function and any damaged or missing parts shall be repaired or
replaced.
GUARDS, BALUSTRADES AND HANDRAILS
80. If a guard is required by the Ontario Building Code for a newly constructed or
renovated area, a guard shall be provided and maintained even though new
construction or renovation is not undertaken.
81. A guard shall be provided and maintained in good repair along the open sides
of stairs, stairwells, ramps, balconies, porches, mezzanines, landings or other areas
where the vertical drop from the open side exceeds 600 mm.
82. A guard provided under section 81 shall provide reasonable protection from
accidents for any person on the premises.
83. A barrier, such as a balustrade shall be installed and maintained in good repair on
every open side of a balcony, porch, landing, stairwell and stairway with a rise of
1.5 metres or more.
84. Section 81 does not apply to a stairway leading to a basement that does not
contain a dwelling unit.
WALLS AND CEILINGS
85. Interior cladding ofwalis and ceilings shall be maintained free from holes, leaks,
deteriorating materials, mold, mitdew or other fungi.
86. A protective finish shall be applied to al! repairs made to walls and ceilings.
87. Sufficient thermal insulation to prevent condensation shall be provided between heated
spaces and unheated attic spaces.
88. Where occupancies are separated vertically, the dividing walls shall:
a) be continued in the basement from the top of the footings or the floor to
the underside of the finished floor surface;
b) be continued in the attic from the top of the finished ceiling surface to the
underside of the finished roof surface;
c) consist of two (2) layers of half-inch (1/2") gypsum waltboard or material of
equivalent fire resistance rating; and
d) be tightly sealed with caulking or mineral wool or similar fire stopping material.
89. Where the dwelling unit and non-residential occupancy are separated horizontally,
there shall be a finished ceiling separating these occupancies, which shall:
a) consist of two (2) layers of half-inch (1/2") gypsum wallboard or material of
equivalent fire resistance rating; and
b) be tightly sealed with caulking or mineral wool or similar fire stopping material.
BASEMENT, CELLAR OR UNHEATED CRAWL SPACE
90. Every basement, cellar or unheated crawl space shall be adequately vented to the
outside air by means of screened windows which can be opened or by louvers with
screened openings, the area of which shall not be less than one per cent (1%) of the
floor area for basements and 0.09 square metres per 46 square metres of crawl space
area.
91. An opening for natura! ventilation may be omitted from the basement or unheated
crawl space where a system of mechanica! ventilation has been provided which
changes the air once each hour.
EGRESS
92. Every dwelling unit shall have a direct access so as to provide a safe continuous and
unobstructed exit from the interior of the building to the street or grade level.
BUILDING EXTERIOR
93. The exterior walls of buildings and their components shall be maintained so as to
prevent their deterioration due to weather or insects and shall be so maintained by:
a) painting, restoring or repairing the walls;
b) waterproofing the joints and the walls; and
c) appropriate measures shall be taken to remove any unsightly markings, stains or
other defacement, including graffiti.
94. All canopies, marquees, signs, awnings, stairways, tire escapes, stand pipes, exhaust
hoods and other similar overhang extensions shall be:
a) maintained in good repair;
b) properly anchored; and
c) protected from the elements and against decay and rust by the periodic
application of a weather coating, such as paint or other protective treatment.
95. Driveways, ramps, parking garages, parking areas, paths, walkways and outside
stairs or landings and any similar area shall be maintained to provide a safe surface
for normal use.
96. Attached storage and repair garages shal! be maintained so as to prevent the
accumulation of toxic fumes or the escape of toxic fumes into an attached dwelling
or building intended for human occupancy.
97. All air conditioners which are installed and operated over an area to which the public
has access, shall be:
a) properly secured in place to prevent them from falling out; and
b) equipped with proper devices to prevent the condensation from dripping
onto sidewalk and other public areas.
98. All airconditioners shall be maintained in a safe mechanical and electrical condition;
SAFETY AND SECURITY
99. Every building containing a dwelling unit and every dweHing unit within it shall have a
safe, continuous and unobstructed passage from every part of the interior to a safe
exterior open space at street or ground level.
100. A secondary means of exit shall be provided if the Ontario Building Code so requires.
101. Every dwelling shall have an operable smoke alarm.
102. Every multiple residential building shall, if required by the Ontario Building Code or
Fire Code, have operable smoke alarms installed in the locations required by the
applicable Code.
103. The smoke alarms shall be installed with permanent connections to an electrical circuit
with no disconnect switch or where permitted, shall be battery operated.
104. Finishes, materials, storage and separations between dwelling units shall be in
accordance with the Ontario Building Code and the Fire Code and shal! be properly
maintained.
105. All habitable space in multiple residential buildings shall be separated by a fire-rated
separation from any room containing a furnace or boiler.
MAINTENANCE OF YARDS AND COMMON AREAS
106. A yard shall be kept dean and free from:
a) rubbish or other debris; and
b) objects or conditions that may create a health, fire or accident hazard.
107. Residential yards shall be cultivated or protected by suitable ground cover which
prevents the erosion of the soil.
108. Fences, barriers and retaining wal!s sha!l be kept in good repair and free from
accident hazards.
109. Exterior yards and common areas shall be maintained in a condition suitable for their
intended use and free of hazards and, for these purposes, the following shall be
removed:
a) Noxious weeds as defined in the regulations to the Weed Control Act, excessive
grasses and heavy undergrowth;
b) Any dead, decayed or damaged trees or parts of such trees, within 3 metres of
any property line that create an unsafe condition;
c) All rubbish or debris, including derelict vehicles;
d) Any structures that create an unsafe condition; and
e) Any unsafe accumulation of ice and snow.
110. All lawns and grassed areas shall be cut and maintained regularly, so as to be in
conformity with the locally accepted standard.
111. A derelict vehicle that has remained on the owner's property or in an exterior common
area for more than the prescribed amount of time shall be removed, unless properly
screened to the satisfaction of the Municipality.
112. Wells and holes in exterior yards and common areas shall be filled or safely covered
or protected.
113. An abandoned or inoperable icebox, refrigerator, freezer or other major appliance
shall not be left in an exterior yard or common area, unless it is awaiting removal.
114. Anlcebox, refrigerator, freezer or other major appliance that is awaiting removal shall
have its doors removed.
115. Areas within the yard not covered by buildings or structures, sidewalks, driveways
and parking areas shall be maintained to a standard at least compatible with the
abutting and adjoining properties.
116. Dilapidated or collapsed structures or partially constructed structures which are not
currently under construction or erection and which present an unsafe condition, shall
be demolished or removed from any yard, or otherwise safety secured.
117. Any excavated hole in any yard shall be filled up unless enclosed by a temporary
barrier at least 1.2 metres in height, in such a manner as to prevent an unsafe
condition.
118. Elevators intended for use by the residents of a building shall be properly maintained
and kept in operation except for such reasonable time as may be required to repair
or replace them.
MAIL DELIVERY
119. A mail delivery slot and other openings for deliveries that enter directly into a dwelling
shall be located and maintained to prevent access to the mechanisms which lock
or secure any door or window.
a) This section does not apply with respect to a mail delivery slot or other opening
that has been sealed.
120. Mailboxes shall be properly maintained and capable of being secured.
CLEANLINESS AND GARBAGE DISPOSAL
121. Every floor, wall, ceiling, fixture, appliance and equipment shall be maintained in a
clean and sanitary condition as is appropriate to the use which is being made of the
building.
122. The building shall be kept free from rubbish, debris, or any condition which
constitutes a fire, health or accident hazard.
123. All common areas of a multiple residential building shall be kept clean.
124. In a building containing more than one dwelling unit, one or more suitable containers
or compactors shall be provided for garbage.
a) Garbage in a container or compactor provided in accordance with section 124
shall be stored and either placed for pick-up or regularly disposed of so as not to
cause a risk to the health or safety of any person.
b) A container or compactor provided in accordance with section 124 shall be
maintained in a clean and sanitary condition, shall be accessible to residents and
shall not obstruct an emergency route, driveway or walkway.
125. Every dwelling and every dwelling unit within the dwelling shall be provided with
sufficient receptacles to contain all garbage, rubbish and ashes.
126. Receptacles shall be acceptable plastic bags or other containers that are:
a) made ofwater-tight construction, and maintained in a clean state; and
b) Plastic bags shall not be stored outdoors unless protected from damage.
PEST PREVENTION
127. All buildings and premises shall be kept reasonably free of rodents, vermin and
insects at all times.
128. The methods used for exterminating rodents and insects shal! be in accordance with
applicable municipal or provincial !aw.
129. Openings and holes in a building containing dwelling units that might permit the entry
of rodents, vennin, insects or other pests shall be screened or sealed as appropriate.
ACCESSORY BUILDING
130. Every accessory building shall be kept in good repair and free from health, fire and
accident hazards.
VACANT BUILDINGS AND LANDS
131. Vacant buildings shali be kept cleared 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 and be in compliance
with the other provisions of this By-law.
132. The owner of a vacant building shall secure the building from illegal entry to the
satisfaction of the Property Standards Officer
133. Vacant land shall be maintained to the standards described in sections 106 to 118 of
this by-law.
MOBILE HOMES & PARKS
134. The following provisions shall apply to mobile home parks and/or land lease communities:
135. All fire hydrants owned by the landlord shall be regularly tested and maintained, and
kept free from accumulations of snow and ice;
136. An adequate supply of potable water and adequate water pressure, sufficient for
norma! household use shall be available for each home, from approved systems;
137. An adequate supply of water and adequate water pressure shall be available for
fire fighting;
138. Al! roads within the park or community shall be:
a) kept free of holes and cleared of snow and obstructions;
b) maintained to control dust; and
c) kept passabte.
139. Any excavations made for repairs shall be filled in and the grounds returned to their
previous condition;
140. Mailboxes and the approaches to them shal! be kept free of snow and other
obstructions;
141. If the space between homes was 3 metres or more on January 14, 1989, that
space shall not be reduced to less than 3 metres;
142. Sewage holding tanks in mobile home parks or land lease communities shall be
emptied whenever necessary;
143. Sewage connections and other components of a sewage system shall be provided
in a mobile home park or land lease community and shall be permanently secured
to prevent discharge of sewage;
144. Electrical supply and connections in a mobile home park or a land lease community
supplied by a landlord of a park or community shall be maintained in a good state
of repair and shall be sufficiently grounded.
PROCEDURE
Investlqation
145. Investigation of infractions of standards set out in this by-law shall be initiated upon
receipt of a written complaint from one of the parties involved or another government
agency or upon investigation by the Property Standards Officer.
Inspection of Property
146. A property inspection shall be initiated by written and duly signed complaint
received by the Municipality outlining the nature of the contravention, and then
acting on such complaint the Property Standards Officer shall, if deemed warranted,
attend and inspect the property. Notwithstanding the foregoing, the Municipality may
also initiate such action as it deems necessary where it otherwise becomes aware
of a situation of non-compliance.
147. Subject to subsection (a), the Property Standards Officer or any person acting
under their direction may, at all reasonable times during daylight hours, enter upon
and inspect any property, and if requested must produce proper identification.
(a) The Property Standards Officer or any person acting under their authority
shali not enter any room or place, actually used as a dwelling for persons
or housing for animals, without requesting and obtaining the consent of the
occupier, first having informed the occupier that the right of entry may be
refused, and thus having been refused may only gain entry under the authority
of a Search Warrant issued pursuant to the Building Code Act.
Notice of Violation
148. When inspection by the Property Standards Officer reveals that a property does
not conform with the standards prescribed by this by-law, the officer may issue a
Notice of Violation.
149. The Notice shall be sent by prepaid registered mail to the last known address of
the recipient or served by personal service upon the assessed owner, the occupant
and all persons whom by the records of the most recent tax assessment roll, have
an interest in the property.
Contents of Notice of Violation
150. The Notice of Violation shall contain the following information:
(a) the municipal address or legal description of the property;
(b) a statement that the property does not comply with the standards prescribed
by the by-law;
(c) specifications as to the particulars of the non-conformity;
(d) action required to be taken to bring the property into conformity with the by- law
with reasonable particulars of the action required;
(e) a reasonable time to carry out the required work;
(f) advise the owner or occupant that he has the right to a Hearing before the
Property Standards Officer or to make representation to the officer in writing in
respect of the Notice of Violation;
(g) that any request for a Hearing is to be made in writing to the Property
Standards Officer within thirty (30) days of the date of mailing of the Notice of
Violation and that any written representation is to be submitted within the same
time limit failing which an Order to Remedy the violation(s) may be issued;
and
(h) name and phone number of the officer who issued the Notice.
151. Any owner who disputes the need for structural repairs listed in a Notice of Violation
may submit a written report signed by a professional engineer licensed to practice in
the relevant discipline in Ontario on the matters referred to in the Notice of Violation.
152. If, in the opinion of the Property Standards Officer, the report demonstrates that
one or more of the repairs required by the Notice of Violation are not necessary in
order to comply with this by-law, the Property Standards Officer shall, where it is
appropriate, accept the report as evidence that the owner will be deemed to have
complied with one or more of the repairs required by the Notice of Vioiation.
153. If, in the opinion of the Property Standards Officer, the report demonstrates that
compliance with this by-law may be obtained by a method other than that set out
in the Notice of Violation, the officer may, where it is appropriate, amend the
Notice of Violation.
Hearinc)
154. Any Hearing requested by an owner or occupant shall be held by the Property
Standards Officer within twenty-one (21) days of receiving the request for the
Hearing and the owner or occupant shall have the right to make relevant
representations and present relevant evidence at the Hearing.
Orders
155. At any time, irrelevant if a Notice of Violation has been issued or a hearing has been
requested, when an inspection by the Property Standards Officer reveals that a
property does not conform with the standards prescribed by this by-!aw, the officer
may issue an Order with regard to a property not in compliance with the standards
prescribed by this by-law and may serve the Order in the manner provided in section
149.
156. Such Order may be registered against the property in the Land Registry Office and
shall contain the following information:
(a) the municipal address or legal description of the property;
(b) reasonable particulars of the repairs to be effected or a statement that the site is
to be cleared of all buildings, structures, debris or refuse and left in a graded
and leveled condition, and shall be in accordance with all applicable legislation;
(c) the period in which compliance with the terms of the Order is to be carried out;
(d) a notice that if such repair or clearance is not so carried out within the time
specified in the Order, the Municipality may carry out the repairs or clearance at
the expense of the owner;
(e) the name and phone number of the officer who issued the Order; and
(f) the final date for giving Notice ofAppea! from the Order.
157. Notwithstanding the requirements of section 156, the Property Standards Officer
may also make an order or orders to the owner or occupant:
(a) requiring the owner or occupant to make the property conform to the standards
within a period of time not to exceed ninety (90) days;
(b) prohibiting the use of the property, and requiring the person using or occupying
the property to vacate the property within a period of time no to exceed ninety
(90)days;
(c) requiring the owner to demolish the property within a period of time not to exceed
ninety (90) days; or
(d) causing the registration of a caution on the title to the property.
158. When a Notice or Order has been served by a Property Standards Officer, the date
of service shall be deemed to be three days from the date upon which the Notice or
Order is sent by registered mail, or the date when a Notice or Order is personally
served by the officer upon any person, or the date of placarding of a property.
159. No person shall fall to comply with a final and binding order issued pursuant to
section 15.2(2) of the Building Code Act, 1992, S.O. c. 23, as amended.
Property Standards Committee
160. The Council of the Municipality of North Grenville shall provide a by-law for the
establishment of a Property Standards Committee for the purpose of hearing appeals
against Orders served by the Property Standards Officer, in accordance with the
relevant provisions of the Building Code Act, S.O. 1992, as amended.
Appeal to the Property Standards Committee
161. When an owner or occupant upon whom an Order has been served by the Property
Standards Officer is not satisfied with the terms of conditions of the Order, he may
appeal to the Property Standards Committee by sending a notice of appeal by
registered mail to the Secretary of the Committee within fourteen (14) days of service of
the Order.
162. The application fee for appealing an Order of the Property Standards Officer to the
Property Standards Committee shall be as listed in the tariff of fees by-law. Counci!
reserves the right to amend the fee from time-to-time or authorize the refunding of
fees.
163. An Order that is not appealed within the time referred to in section 161 shall be
deemed to have been confirmed.
Hearinci of Appeal
164. When an appeal has been submitted, the Committee shall hear it within thirty
(30) days after receipt by the Secretary of the notice of appeal.
165. Upon hearing the appeal, the Committee shall have all of the powers and
functions of the officer who made the Order and may:
(a) confirm, modify or rescind the Order to repair or demolish; or
(b) extend the time for complying with the Order provided that, in the opinion
of the Committee, the general intent and purpose of the by" law and of the
Official Plan are maintained.
Appeal of Decision of Committee
166. The Municipality or any owner, occupant or person affected by a decision of the
Property Standards Committee may appeal to the appropriate Provincial Court by
notifying the Clerk of the Municipality in writing and by applying to the appropriate
Provincial Court for an appointment within fourteen (14) days after sending a copy
of the decision to the Corporation, owner/occupant, or complainant.
167. The Judge or Justice of the Peace shall, in writing, appoint a day, time and p!ace
for the hearing of the appeal and the appointment may direct that it shall be
served upon such persons and in such manner as he or she prescribes.
168. The Judge or Justice of the Peace on such appeal has the same powers and
functions as the Committee.
Order to be Final and Bindins
169. The Order, as deemed to have been confirmed pursuant to section 163 or as
confirmed or modified by the Committee pursuant to section 165 or as confirmed or
modified by the Judge pursuant to section 168. shall be final and binding upon the
owner or occupant who sha!l carry out the repair or demolition within the time and in
the manner specified in the Order.
Power of CorDoration to Repair or Demolish
170. If the owner or occupant of a property fails to repair or demolish the property in
accordance with an order as confirmed or modified, the Municipality in addition
to all other remedies:
(a) shall have the right to repair or clear the property accordingly;
(b) shall have the right for its servants and agents to enter in and upon the property
to carry out the aforesaid repair or clearance;
(c) shall have the right to carry out the repairs or clearance at the expense of the
owner; and
(d) shall not be liable to compensate such owner, occupant or any other person
having an interestintheproperty by reason of anything done by or on behalf
of the Municipality under the provisions of this section of the by-law.
Issue of Certificate ofComDliance
171. Following the inspection of a property, the Property Standards Officer may, on the
request of the owner, issue to the owner a Certificate of Compliance if, in the
opinion of the Property Standards Officer, the property is in compliance with the
standards of this by- law.
172. if a Certificate of Compliance is issued at the request of the owner, the owner shall
pay a fee as per the Schedule of Tariffs, as amended from time-to-time.
Penalties
173. Any person who contravenes an Order issued under the provisions of this by- law
which is final and binding or who contravenes any other provision of this by-law
shall, upon conviction thereof, be liable to a fine as is provided for in the provisions
of the Building Code Act S.O. 1992, as amended and any other applicable law,
exclusive of costs, for each offence.
174. When a person has been convicted of an offence under this by-law, the Provincial
Court or any court of competent jurisdiction may in addition to any other penalty
imposed on the person convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act or thing by the person convicted
directed toward the continuation or repetition of the offence.
175. Section 159 of this By-iaw is hereby designated as part of this By-law to which
the Administrative Penalty By-law applies.
176. Any person shall, upon issuance of a penalty notice for a contravention of this By-
law, in accordance with the Administrative Penalty By-law, be liable to pay an
administrative penalty and any administrative fees, in accordance with the
Administrative Penalty By-law.
177. All the provisions of this by-law continue to apply in the Provincial Offences Act in
addition to the designated provisions of this by-law.
178. Where a person has not paid the administrative penalty within thirty (30) days in
accordance with the Administrative Penalty By-law, the Municipality may add the
administrative penalty to the tax roll for any property for which the owner or owners
are responsible for paying the administrative penalty under Section 176.
Emergency Powers
179. Despite any other provisions of this by-law, if upon inspection of a property the
Property Standards Officer is satisfied that a non-conformity with the standards
prescribed in the by-law exists to such extent as to pose an immediate danger
to the health or safety of any person the officer may make an Order containing
particulars of the non-conformity which requires remedial repairs or other work
to be carried out forthwith to terminate the danger.
180. The Order shall be served on the owner of the property and such other persons
affected thereby as the officer determines, and a copy shall be posted on the
property.
181. After making an Order under section 179, the officer may, either before or after
the Order is served, take or cause to be taken any measures he considers
necessary to terminate the danger and for this purpose the Corporation servants
and agents have the right to enter in and upon the property in respect of which
the Order was made, without a warrant.
182. The officer, the Municipality or anyone acting on behalf of the Municipality is not
liable to compensate the owner, occupant or any other person by reason of anything
done by or on behalf of the Municipality in the reasonable exercise of its powers
under section 181.
183. Where the Order was not served before emergency measures were taken by the
officer to terminate the danger, the officer shall forthwith after the measures have
been taken, send or serve copies of the Order in accordance with the provisions
of the Building Code Act S.0.1992, as amended, to the owner of the property and
all persons affected thereby as determined by the officer, and each copy of the
Order shall have attached thereto a statement by the officer describing the
measures taken by the Municipality and providing details of the amount expended
in taking the measures.
184. Where the Order was served before the emergency measures were taken, the
officer shal! serve a copy of the statement mentioned in section 183 in
accordance with the Building Code Act S.O.1992,as amended, to the owner(s)
as soon as practical after the measures have been taken.
185. As soon as practical after the requirements of sections 183 and 184 have
been complied with, the officer shall apply to a Judge of the appropriate
Provincial Court for an Order confirming the Order made under section 179.
186. The disposition of the application under section 1 85 shall be final and binding.
General Provisions
187. This by-law shall apply to all properties within the boundaries of the Municipaiity of
North Grenville.
188. Where a provision of this by-law conflicts with a provision of another Corporation
by-law or Provincial Statutes, the provisions that establish the higher standards
to protect the health, safety and welfare of the general public shall prevail.
189. If a court of competent jurisdiction should declare any section or part of a section of
this By-Law to be invalid, such section or part of a section shall not be construed as
having persuaded or influenced Council to pass the remainder of the By-Law and it
is hereby declared that the remainder of the By-Law all be valid and shall remain in
force.
190. This by-law shall be administered by a person or persons appointed by the
Council of the Municipality of North Grenville as Property Standards Officers.
191. The Clerk of the Municipality of North Grenville is hereby authorized to make any
minor modifications or corrections of an administrative, numerical, grammatical,
semantic or descriptive nature or kind to this by-law and schedules as may be
deemed necessary after passage of this By-Law, where such modifications or
corrections do not alter the intent of the By-Law.
192. After the date of this by-law comes into effect, By-law No. 33-00, as amended, only
applies to properties in respect of which an Order has been issued prior to the date
of passing of this by-law, and then only to such properties until such time as the
work required by such Order has been completed or any enforcement proceedings
in respect of such Order, including demolition and repair by the Municipality, have
been concluded.
193. This by-law shall come into force on January 2nd, 2025.
PASSED AND ENACTED
THIS 18TH DAY OF NOVEMBER, 2024.
;hloe Presfon-
Clerk