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THE CORPORATION OF THE TOWNSHIP OF OPASATIKA
By-Law 2020-12
Being a by-law to provide standards for the maintenance and the occupancy of
property in the Township of Opasatika
WHEREAS Section 15.1 of the Building Code Act, 1992, S.O. 1992, c.23, as
amended, authorizes a Council of a municipality to pass a by-law prescribing the
standards for the maintenance and occupancy of property within the municipality
and prohibiting the occupancy or use of such property below the standards
prescribed herein to be repaired and maintained to comply with the standards, or
the lands thereof to be cleared of all buildings and structures and left in a graded
and level condition;
AND WHEREAS the Official Plan for the Corporation of the Township of Opasatika
includes provisions relating to property conditions;
AND WHEREAS the Council of the Corporation of the Township of Opasatika
enacts the following:
1.
Short Title
This By-law is known as the "Township of Opasatika Property Standards By-Law."
2.
Defined Area
This By-law applies to all land within the boundaries of the Township of Opasatika.
3.
Definitions
In this By-law,
a)
"ACCESSORY BUILDING" means a detached or attached building which is
subordinate to the main use of the lot and which is not used or intended for
use as human habitation.
b)
"BUILDING" means any construction used or intended to be used for the
shelter, accommodation, or enclosure of humans, animals or chattels.
c)
"CLERK" means the Clerk for the Corporation of the Township of
Opasatika, duly appointed under the Municipal Act, R.S.O. 1990 as
amended.
d)
"COMMITTEE" means the property standards committee established under
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this by-law.
e)
"CORPORATION" means the Corporation of the Township of Opasatika.
f)
"COUNCIL" means the Council of the Corporation of the Township of
Opasatika.
g)
"DEMOLISH" means the doing of anything in the removal of a building or
structure or part thereof.
h)
"FILL" means any type of material placed or dumped on land, whether
imported or native to the site, and includes but not limited to organic soils,
peat, soil, stone, concrete, asphalt, sod, turf, dirt, earth, aggregate, binder
and any combination thereof.
i)
"OCCUPANT" means any person or persons over the age of eighteen in
possession of the property.
j)
"OFFICER" means a Property Standards Officer or By-Law Enforcement
Officer who has been assigned the responsibility of administering and
enforcing this By-Law.
k)
"OWNER" includes the person for the time being managing or receiving the
rent of the land or premises in connection with which the word is used,
whether on his own account or as agent or trustee of any other person or
who would so receive the rent if such land and premises were let, and shall
also include a lessee 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 property.
l)
"POND" means an artificial body of water, the container of which is
prefabricated and constructed of concrete, plastic, fiberglass or similar
material, having a depth less than 0.6 meters (24 inches) primarily intended
for aesthetic or agricultural purposes but shall not include a pond
constructed on the property with or without a flexible pond liner unless
otherwise permitted by Council.
m)
"PROPERTY" means a building or structure or part of a building or
structure, and includes the lands and premises appurtenant thereto, and all
mobile structures, outbuildings, fences and erections thereon whether
heretofore or hereafter erected and includes vacant property.
n)
"REPAIR" includes the provision of such facilities, and the making of
additions or alterations or the taking of such actions as may be required so
that the property shall confirm to the standards established under this
by-law.
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o)
"STANDARDS" means the standards of physical condition and occupancy
of property set out in this by-law.
p)
"STRUCTURE" means a combination of materials to form a construction or
fixed erection to or supported by the soil other than a building, which is not
adapted to permanent or continuous occupancy, and shall include a tent,
receiving stand, platform, staging, wall, retaining wall, radio or television
antenna supporting structure, shed, garbage bin, fence, sign and every
other construction or erection that is not a building.
q)
"TOWN" means the Township of Opasatika;
r)
"UNSAFE" means when used in respect of a building, structurally
inadequate or faulty for the purpose for which it is used, or when used in
respect of a building or property in a condition that could be hazardous to
persons in the normal use of the building or property.
s)
"YARD" means the building lot excluding buildings.
4.
Structural Standards
4.1
Every owner or occupant shall ensure that every part of a building or structure shall
be maintained in a structurally sound condition so as to be capable of sustaining
safely its own weight and any additional weight that may be put on it through
normal use. Materials which have been damaged or show evidence of rot or
other deterioration shall be repaired or replaced.
4.2
Every owner or occupant shall ensure that the foundation walls, and basement,
cellar or crawl space floor shall be maintained in good repair, structurally sound
and waterproof.
4.3
Every owner or occupant shall ensure that all exterior surfaces shall be of
materials which provide adequate protection from the weather, or vermin. Paint
or some other suitable preservative or coating must be applied and maintained.
Exterior walls of a dwelling and their components shall be free of inappropriate
signs, painted slogans, graffiti and similar defacements.
All buildings or structures, or parts thereof that are unfinished shall be finished in
an acceptable manner within a reasonable time and where applicable, in
accordance with the relevant legislation.
4.4
Every owner or occupant shall ensure that the exterior walls, roofs and other parts
of a building or structure shall be maintained in good repair, free of loose, rotten,
warped and broken materials and objects. Objects may include ice and snow or
the accumulation of one or the other. Such objects and materials shall be
removed, repaired or replaced.
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4.5
Every owner or occupant shall ensure that every floor, ceiling, wall, stairway,
guard-rails, foundation, roof, balcony or porch on or appurtenant to a building or
structure shall be maintained free from holes, cracks, excessive wear and warping,
or other defects that are accident hazards.
4.6
Every owner or occupant shall ensure that all windows and exterior doors and
frames and basement or cellar hatchways shall be maintained in good repair so as
to prevent the entrance of wind, rain, moisture, rodents, insects, vermin or other
pests into the building or structure.
Windows and doors that are intended or constructed to be opened shall be readily
operable without the use of tools.
4.7
Every owner or occupant shall ensure that a roof including the fascia board, soffit,
cornice and flashing shall be maintained in a watertight condition so as to prevent
the leakage of water into the building or structure.
4.8
Every owner or occupant shall ensure that every chimney, smoke pipe, and flue or
gas vent in a building or structure shall
a)
be maintained so as to prevent the escape of gases into the building or
structure;
b)
be kept clear of obstruction, and all open joints shall be sealed, and all
broken and loose masonry shall be repaired;
c)
be installed and maintained so that under all conditions of use, the
temperature of any combustible material adjacent thereto does not exceed
a safe temperature.
4.9
Every owner or occupant shall ensure that if in the opinion of the Officer, the
structural capacity of any part of any building or structure including accessory
buildings is in doubt, the Officer may require the owner to be responsible for
submitting an inspection report, prepared, sealed and signed by a professional
engineer who is qualified in the pertinent field and licensed by the Association of
Professional Engineers of Ontario. If required to submit an inspection report, every
owner or occupant shall comply with the request.
4.10 Every owner or occupant shall ensure that unsafe conditions in a building or on a
property shall be abated or removed. Without limiting the generality of the above,
abatement or removal of an unsafe condition may include: the provision,
maintenance of repair of stairs, balustrades, railing, guards and screens so as to
minimize the risk of accident; and the removal of rubbish, debris or any condition
which constitutes a fire, health or accident hazard.
Locking devices for doors which shall be locked in the closed position when access
to the room or area would be hazardous to persons not authorized entry.
This Section includes removing the doors from abandoned ice boxes, freezers,
refrigerators and other abandoned machinery or their removal so as to be a hazard
to persons in or on the property.
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4.11 Every owner or occupant shall ensure that the owner of any vacant or unoccupied
building shall protect such building against the risk of fire, accident, damage or
other danger thereto or to adjoining premises by taking measures to prevent the
entry thereto by all unauthorized persons. Without restricting the generality of the
above, protection may include the boarding up with: tight fitting plywood; rigid,
composite panels; or sheathing boards installed within the reveal of the exterior
cladding and securely fastened to every doorway, window or wall opening that
constitutes a means of access or hazard.
All such boarding shall be installed and maintained in good repair and, unless
inherently resistant to deterioration, with a protective coating of paint or equivalent
weather-resistant material.
Where a building remains vacant or unoccupied for a period of more than ninety
(90) days, the owner shall ensure that all utilities serving the building, that are not
required for the safety or the security thereof, are properly disconnected or
otherwise secured to prevent risk of fire, accident, damage or other danger to the
property or adjoining premises.
4.12 Every owner or occupant shall ensure that no person shall commence, conduct or
permit to be commenced or conducted any work in the nature of demolition or
removal of a building or part thereof, unless a permit is obtained therefore from the
Chief Building Official in compliance with the Building Code Act and posts such
permit in a prominent position on the demolition site.
The owner of any building or part thereof being demolished shall leave any
remaining wall or walls (including any former party wall or walls, whether
separately or jointly owned) structurally sound, weather tight, in a safe condition
and in conformity with the standards in the Building Code.
Upon completion of demolition, the entire site shall be cleared and cleaned of all
debris, left free from holes or excavations and provided and maintained with a
suitable ground cover.
A building or portion thereof, damaged by fire or other causes, shall be repaired to
its original condition and as may otherwise be required by this By-law, or the
building shall be demolished or the damaged portion removed and the property left
in a graded and level condition.
5.
Heating
5.1
Every dwelling shall be provided with suitable heating facilities that are capable of
providing throughout the year an indoor temperature of not less than 21 degrees
Celsius (70F) in all habitable rooms.
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5.2
All heating facilities shall be properly installed and maintained in safe and good
working conditions and shall be capable of safely and adequately supplying the
required heat.
5.3
Doors and windows shall be of such a construction as to prevent drafts and
minimize heat losses through infiltration of outside cold air in the cold weather
season.
5.4
No gas appliance or gas supply shall be installed, maintained, or permitted within
any room used or intended to be used for sleeping purposes.
5.5
Every heating appliance using solid, liquid or gas fuel shall be connected to a
suitable chimney or flue to withdraw safely all products of combustion in
accordance with the applicable regulations.
5.6
All fuel-burning appliances shall comply with the Energy Act, R.S.O.,1990, as
amended.
5.7
Thermal insulation of buildings to minimize heat losses shall be done in
accordance with the provisions of the Ontario Building Code and sufficient to
prevent the formation of condensation of the inside walls.
6.
Plumbing
6.1
Every dwelling shall be provided with an adequate supply of potable water
approved by the Medical Officer of Health.
6.2
All plumbing, pipes and other plumbing fixtures in a dwelling and every connecting
line to the sewage system shall be maintained in good working order and free from
leaks and defects, and all water pipes and appurtenances thereto shall be
protected from freezing.
6.3
Every self-contained dwelling unit shall be equipped with at least one kitchen sink,
water closet, wash basin, and bathtub or shower, and an acceptable means of
sewage disposal.
6.4
Within every dwelling unit there shall be a room which affords privacy to a person
within the said room, and which is equipped with a flush toilet and a wash basin in
good working order.
7.
Electrical Services
7.1
Where electrical power is available, every dwelling shall be provided with an
adequate supply of electric power, and with electrical facilities having ample
capacity to meet all anticipated electrical uses without being overloaded.
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7.2
Electrical wiring and equipment shall be installed in conformity with the regulations
of the Power Corporation Act and shall be maintained so as not to be a potential
source of fire or electric shock or any other hazard.
7.3
An electrical light fixture shall be installed in every bathroom, kitchen or
kitchenette, laundry room, furnace room, hall and in a stairway, which is not
otherwise lighted.
7.4
Switches for turning on one light in each room or passageway shall be
conveniently located so as to permit the area ahead to be lighted.
8.
Health and Safety Standards
8.1
Landscaping:
a)
Whenever landscaping, hedging, trees, fences, curbs, retaining walls or
similar changes to property have been required by the Town as a condition
of development or redevelopment, such works shall be undertaken and
maintained so as to ensure continuous compliance with the Town's
requirements.
b)
No fill shall be allowed to remain in an unlevelled state on any property for
longer than thirty (30) days unless the property is a construction site for
which a building permit is in effect; or the property is being subdivided under
a subdivision agreement with the Corporation; or the property is used for
storage of material with the approval of the Corporation's Director of Public
Works, or his designate, in connection with a Public Works contract; or, or
should the fill be required for landscaping purposes, that prior approval of
the construction and time schedule be obtained from Council or is otherwise
approved under another Town By-law.
8.2
Trees:
a)
All trees on the premises shall be kept pruned so as to be free from dead,
diseased or dying branches which may be a source of danger.
b)
All diseased or dead trees which may be a source of danger shall be
removed.
8.3
Television and Radio Antenna:
Television antenna and other similar roof structures must be securely anchored
and maintained in a safe and good condition.
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8.4
Land:
All lands and lots and yards around any building or structure including fences shall
be maintained in a clean and reasonable state of repair to prevent fire, accidents or
hazards to health, and more particularly:
a)
Any rubbish or debris, such as paper, cardboard, wood lumber, bricks,
blocks, grass, bottles, machinery, unusable motor vehicles or implements
or parts thereof, shall be removed or stored out of sight in a safe and
sanitary building or container. Firewood or lumber, if neatly piled in a rear
yard, shall not be considered as rubbish or debris.
b)
Any part of a yard that is low lying or has been excavated so that it
accumulates water, shall be drained, filled and graded so that water drains
to a storm sewer or ditch. Swimming pools shall not be included in this
requirement unless they constitute an unsafe condition.
c)
All grassed areas and landscaped areas shall be cut and maintained in a
reasonable condition in relation to the neighboring environment.
d)
Every hard-surfaced walkway, driveway, parking area or private road shall
be evenly graded and maintained free of potholes or uneven sections
capable of causing accidents.
e)
All walkways and access routes to and from multiple occupancy buildings
shall be kept free from ice and snow and hazards at all times.
f)
All swimming pools, wading pools and ponds, and any appurtenances
thereto, shall be maintained in good repair, free from leaks, free from health
and safety hazards and be kept clean of stagnant water and any such areas
that are unkept or unused shall be drained of all water found therein and
when emptied shall be further enclosed or filled.
g)
Installation, construction and location of ponds shall be approved by
Council. Owners of existing or new ponds may be required by Council to
relocate, remove or enclose such ponds for reasons of safety.
h)
No roof drainage or sump pump shall be discharged on a municipal
sidewalk or stairs of the premises or neighboring property.
i)
Dilapidated, collapsed or unfinished structures and all accumulations of
material, wood, debris or other objects that create an unsafe condition or
that the visual appeal does not conform with or to the neighboring
properties or environment shall be removed.
j)
Any unusual improvement or unkept improvement that may reduce the
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market value or appeal of neighboring properties or environment shall be
removed.
k)
Vacant lots must be kept clean and clear of all objects, machinery or
equipment that is non-functional, worthless or have salvage value only.
8.5
Fences, Accessory Buildings and Temporary Structures:
Fences, accessory buildings and temporary structures shall be kept:
a)
Protected by paint, preservative or other weather resistant material unless
the aesthetic characteristics is, in the opinion of Council, enhanced by the
lack of such material.
b)
In a structurally sound condition and plumb, unless specifically designed to
be other than vertical.
c)
In good repair and free of accident hazards.
d)
So as not to present an unsightly appearance.
e)
Temporary structures, in addition to those regulations as outlined in
Sections 8.5 a), 8.5 b), 8.5 c) and 8.5 d) require a letter of permission and
location verification to be issued upon the request of the applicant by the
Corporation for a onetime fee as per Schedule "A". The applicant shall
indemnify and save harmless the Corporation against any and all claims or
demands made or brought against the Corporation by any person or
persons for damages arising out of the ownership and use of a temporary
structure.
f)
Temporary structures may be erected on or after October 1st of each year
and must be removed on or before May 31st of each year. No temporary
structure may exceed 33.4 square meters (360 sq.ft.) in size in any
residential area.
g)
During the period between October 1st of any year and May 31st of the
following year temporary structures may be erected within the front yard of a
single-family dwelling only when used solely for the temporary parking of a
motor vehicle.
h)
Temporary structures must maintain side, front and rear yard setbacks of
five feet and shall not restrict in any manner any required exit from the
residential structure on the property.
i)
Temporary structure must not be located near a hydrant where it may pose
a safety hazard.
j)
Temporary structures may be permitted in the rear yard of a single-family
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dwelling for a period of time exceeding the time frame set out in 8.5 (f),
subject to written letters of permission from neighboring property owners
approving of the temporary structure.
k)
In instances where there is no backyard or backyard access, temporary
structures may be permitted in the side yard of a single family dwelling
exceeding the time frame set out in 8.5 (f), subject to written letters of
permission from neighboring property owners approving of the temporary
structure.
l)
Opasatika Council has the authority to revoke any permit for a Temporary
Shelter Permit upon 30 days notice.
m)
Small permanent structures or buildings of less than 10 square meters
(107.6sq. ft) floor area will require a building permit. Zoning compliance
form shall be issued upon the request of the property owner by the
Corporation of the Township of Opasatika for a onetime fee as per
Schedule "A".
8.6
Sewage of any kind shall not be discharged onto the surface of the ground.
Sewage or organic waste shall be discharged into a sewerage system where such
a system exists. Where a sewerage system does not exist, sewage or organic
waste shall be disposed of in a manner acceptable to the local health authorities.
8.7
A dwelling shall be kept free of rodents, vermin and insects at all times and
methods used for exterminating rodents or insects or both shall be in accordance
with the provisions of the Pesticides Act, R.S.O. 1990, and all regulations passed
pursuant thereto.
8.8
Every floor, wall, ceiling and fixture in a dwelling or building shall be maintained in
a clean and sanitary condition, and the dwelling shall be kept free from rubbish,
debris or conditions which constitute a fire, accident or health hazard.
8.9
Doors shall be provided for all entrances, for reasons of security, fire separation,
noise barrier and heat loss in compliance with the Building and Fire codes and
regulations.
8.10 Fuel oil and any other combustible or flammable material shall be stored and
located so as not to be a hazard to the premises or surrounding property or
contravene any provincial or municipal regulations.
8.11 All garbage refuse and ashes shall be disposed of in a manner acceptable to the
local health and municipal authorities. Garbage storage areas shall be screened
from public view.
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8.12 Drainage
Except for ponds approved by Council and drainage works approved by the
Corporation, recurrent ponding which creates a health, safety, or accident hazard
or creates a nuisance shall be eradicated by grading, filling or otherwise draining
the land.
Every property containing a building with a basement or cellar shall be graded and
drained so as to prevent the entry of water into such basement or cellar.
Storm water from the roof or driveway or other surface shall not be drained to the
sanitary sewage system.
Where water runoff from roof surface is discharged by way of eaves troughs or roof
gutters and down pipes, they shall be maintained in good working order and good
repair, watertight and free from leaks and in a safe condition.
Down pipes and sump pump discharge lines shall be provided and maintained so
as to discharge water run-off away from the building and to prevent flooding and
erosion to neighboring properties.
8.13 Pest Prevention
Buildings shall be kept free of rodents, vermin and insects at all times. Methods
used for exterminating such pests shall be in accordance with the provisions of the
Pesticides Act.
9.
General Duties and Obligations to Comply
No owner shall use, occupy or permit the use or occupancy of any property that
does not satisfy the terms and conditions of an Order to conform to the standards
established in this By-law.
No person shall remove from any premises any sign, notice of placard placed
thereon pursuant to this By-law without the consent of the Officer.
9.1
Administration and Enforcement
Schedules "A", "B" and "C" shall form part of this By-law.
9.2
Application of By-law
Where a provision of this By-law conflicts with the provisions of another By-law in
force in the Township of Opasatika, the provisions which establish the higher
standards to protect the health, safety and welfare of the general public shall
prevail.
9.3
Officers and Inspectors
The Corporation shall appoint Property Standards Officers who shall be
responsible for administering and enforcing the provisions of this By-law. The
persons from time to time holding the position of Chief Building Official Building
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Inspector and Fire Chief in the Town are hereby designated as Inspectors to assist
the Property Standards Office in the administration and enforcement of this
By-law.
9.4
Right of Entry for Inspecting Property
For the purpose of enforcing this By-law, the Officer, Inspector or any other person
acting under the instructions of the Officer may, at all reasonable times and upon
producing proper identification, enter and inspect any property or premises to
which this By-law applies.
9.5
Notice of Non-Conformity
If, after inspection, the Officer is satisfied that, in some respect, the property does
not conform with the standards prescribed in this By-law he shall serve or cause to
be served by personal service upon, or sent by prepaid registered mail to the
owner of the property and all persons shown by the records of the Land Titles
Office to have any interest therein, a Notice containing particulars of the
non-conformity and may at the same time, provide all occupants and a copy of
such Notice.
The Notice of Non-Conformity shall: state the municipal address and legal
description of such property; specify that the property does not conform with the
standards prescribed by the By-law; specify the standards with which the property
does not conform; specify the action required to be taken to bring the property into
conformity with the By-law, giving reasonable particular thereof; state that any
person served with the Notice may make representations in respect to the
condition of the property or the work required to be done, in writing, or at a meeting
with the Officer; state that any representations or requests for a meeting shall be in
writing and received by the Officer within fourteen (14) days of the date of personal
service or the date of mailing of the Notice, failing which an Order may be made;
pursuant to Section 9.8 herein; and state the name and the business address of
the Officer giving the Notice.
9.6
Substituted Service
If the said Officer is unable to effect service of the Notice on those persons as
required, he shall place a placard containing the terms of the Notice in a
conspicuous place on the property, and the placing of the placard shall be deemed
to be sufficient service of the Notice on such persons.
9.7
Meeting Before the Property Standards Officer
If a meeting is requested by the owner or other persons served with Notice, such
meeting shall be held by the Officer within thirty (30) days of the receipt of the
request and the owner shall have the right to make such representations and lead
such evidence as he or she desires at the meeting.
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9.8
Order
At any time after the date specified in the Notice for making representations to the
Officer or after a meeting under Section 9.7 herein, the Officer may issue an order
with regard to the non-conforming property.
The Order shall either be personally served upon, or sent or caused to be sent by
prepaid registered mail to the last known address of the owner and all persons
shown by the records of the Land Titles Office as having an interest therein and
may at the same time be provided to all occupants.
9.9
Substituted Service
If the said Officer is unable to effect service of the Order on those persons as
required by Section 9.8 above, the Officer shall place a placard, containing the
terms of the Order in a conspicuous place on the property, and the placing of the
placard shall be deemed to be sufficient service of the order on such persons.
9.10 Contents of Order
An Order issued under Section 9.8 shall state as follows: the municipal address or
the legal description of the subject property; reasonable particulars of the repairs
to be effected or a statement requiring the site to be cleared of all buildings,
structures, debris or refuse and left in a graded and levelled condition; a
reasonable period in which there must be compliance with the terms and
conditions of the Order and notice that, if such repair or clearance is not so done
within the time specified in the Order, the Town may carry out the repair or
clearance at the expense of the owner; and the final date for giving notice of
appeal from the Order.
9.11 Furnishing Copy of Order
No person shall sell, mortgage, lease or agree to sell, mortgage or lease any
property in respect of which an Order has been served under this By-law without
furnishing the prospective purchaser, mortgage or lessee with a true copy of such
Order.
9.12 Registration of Order
The Order under Section 9.8 may be registered in the proper Land Titles Office
against title to the subject property, and when so registered, any person acquiring
any interest in the said property subsequent to the registration of the Order, shall
be deemed to have been served with the Order as of the date of which the Order
was served.
When the requirements of an Order which has been registered on title have been
satisfied, the Clerk shall forthwith register a certificate indicating that such
requirements have been satisfied which shall operate as a discharge thereof.
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9.13 Repairs
All repairs to any property shall be made in a manner that is accepted as good
workmanship in the respective building trades concerned and with materials that
are suitable and sufficient for the purpose and shall conform to the Ontario Building
Code, Ontario Fire Code and the Fire Prevention and Protection Act, where
applicable.
9.14 Property Standards Committee
The Property Standards Committee for the purposes of this By-law shall be the
Municipal Council.
9.15 Appeal to Property Standards Committee
When an owner or occupant upon whom an Order of the Officer has been served is
not satisfied with the terms or conditions of the Order, he may appeal to the
Committee by sending notice of appeal by registered mail to the Clerk within
fourteen (14) days after service of an Order and, if no appeal is taken, the Order
shall be deemed to have been confirmed. Where an appeal has been taken, the
Committee shall hear the appeal and shall have all the powers and functions of the
Officer and may confirm the Order to demolish or repair or may modify or quash it
or may 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 the Official Plan
are maintained.
9.16 Appeal to Judge
The Corporation or any owner or occupant or person affected by a decision under
Section 9.15 may appeal to a judge of the Ontario Superior Court of Justice by so
notifying the Clerk in the manner prescribed by the Building Code Act, as
amended.
The Order, as deemed to have been confirmed or modified pursuant to Section
9.15 or, in the event of an appeal to the Judge pursuant to this Section, as
confirmed or modified by the Judge, shall be final and binding upon the owner and
occupant who shall make the repair or effect the demolition within the time and in
the manner specified in the Order.
9.17 Power of the Corporation to Repair or Demolish
If the Owner or occupant of any property fails to demolish the property or to repair
in accordance with an Order as confirmed or modified, the Corporation, in addition
to all other remedies, shall: have the right to demolish or repair the property
accordingly and for this purpose with its servants and agents from time-to-time to
enter in and upon the property; not be liable to compensate such owner, occupant
or any other person having an interest in the property by reasons of anything done
by or on behalf of the Corporation under the provisions of this Section; and have
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the right to recover from the owner of the property any amount expended by or on
behalf of the Corporation under the authority of this Section, together with the
applicable interest rate and/or penalty, which amounts may be added by the
Treasurer to the collectors roll and collected in like manner as municipal taxes.
9.18 Certificate of Compliance
Where an inspection of a property has taken place following a complaint, the
Officer may, or on the request of an owner, shall issue to the owner a Certificate of
Compliance if, in his/her opinion the matter complained of has been remedied in
order to comply with the standards of this By-law, and where it is issued at the
request of the owner the fee payable therefore by the owner to the Corporation as
per Schedule "A".
9.19(a)
Duties:
(1)
Every owner shall ensure that his dwelling or property is maintained in
accordance with the provisions of this by-law.
(2)
Every person to whom an order is issued or who is required to do or abstain
from doing anything by, or pursuant to this by-law, shall obey such order or
do or abstain from doing such this required.
9.19(b)
Penalties
Any person who contravenes any of the provisions of this By-Law is guilty of an
offence and, upon summary conviction thereof, shall be liable to a fine, exclusive
of costs, of not more than Five Thousand Dollars ($5000) for each day that the
contravention has continued with the said amount recoverable under the
Provincial Offences
Every owner who contravenes an Order that is final and binding under this By-law
is guilty of an offence and is liable to a fine of not more than $2,000.00 for a first
offence and to a fine of not more than $10,000.00 for any subsequent offence as
prescribed in the Building Code Act and recoverable pursuant to the Provincial
Offences Act, as amended, and all the provisions of the said Act shall apply to any
offence under the provisions of this By-law.
If a corporation is convicted of an offence the maximum penalty that may be
imposed upon the Corporation is $10,000.00 for a first offence and $50,000.00 for
any subsequent offence as prescribed in the Building Code Act recoverable
pursuant to the Provincial Offences Act, as amended and all provisions of the said
Act shall apply to any offence under the provisions of this By-law.
9.20 Emergency Order
Despite any other provisions of this Section, if upon inspection of a property the
Officer is satisfied there is non-conformity with the standards prescribed in the
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By-law to such extent as to pose an immediate danger to the health or safety of
any person, the Officer may make an Emergency Order containing particulars of
the non-conformity and requiring remedial repairs or other work to be carried out
forthwith to terminate the danger.
9.21 Emergency Powers
After making an Emergency Order under Section 9.20, the officer may, either
before or after the Emergency Order is served, take or cause to be taken any
measures he or she considers necessary to terminate the danger, and for this
purpose the municipality has the right, through its servant and agents, to enter in
and upon the property from time to time.
9.22 No Compensation Where Reasonable Exercise of Powers
The Officer, the municipality or anyone acting on behalf of the municipality is not
liable to compensate the owner, occupant or any other person be reason of
anything done by or on behalf of the municipality in the reasonable exercise of its
powers under Section 9.21.
9.23 Service of Emergency Order and Statement
Where the Emergency Order was not served before measures were taken by the
Officer to terminate the danger, as mentioned in Section 9.21, the Officer shall
forthwith after the measures have been taken, serve or send copies of the
Emergency Order, in accordance with Sections 9.8, 9.9 and 9.10 and each copy of
the Emergency 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.
9.24 Separate Service of Statement
Where the Emergency Order was served before the measures were taken, the
Officer shall forthwith after the measures have been taken, serve or send a copy of
the Statement mentioned in Section 9.23 in accordance with Sections 9.8., 9.9 and
9.10 on or to the owner of the property and all persons mentioned in Section 9.5.
9.25 Recovery of Expense
Where the Town demolishes or repairs property as mentioned in Section 9.17 or
takes measures to terminate a danger as mentioned in Section 9.21 or maintains
property to conform with Section 8 of this agreement, the Town may recover the
expense incurred in respect thereof by any or all of the methods provided for in
Section 326 of the Municipal Act.
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9.26 Provisions Severable
It is hereby declared that each and every of the foregoing provisions of this By-law
is severable and that, if any provisions of this By-law should, for any reasons, be
declared invalid by any Court, it is the intention and desire of this Council that each
and every of the then remaining provisions hereof shall remain in full force and
effect.
10.
By-law #89-189 be repealed and this By-law shall come into force and effect
immediately on the date of passing.
READ A FIRST TIME THIS 23RD DAY OF NOVEMBER 2020
______________________________ ______________________________
Mayor: Denis Dorval
Clerk: Alain Tremblay
READ A SECOND TIME THIS 12TH DAY OF APRIL 2021
______________________________ ______________________________
Mayor: Denis Dorval
Clerk: Alain Tremblay
READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF MAY 2021
______________________________ ______________________________
Mayor: Denis Dorval
Clerk: Alain Tremblay
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SCHEDULE "A"
PROPERTY STANDARDS FEE SCHEDULE
Code
2021 Fee
1
Temp Structures
TEMP
$ 34.00
2
Less than 100 sqft Building
SQFT
$ 34.00
3
Swimming Pools:
a) Inflatable above ground
b) Hard shell above ground
c) In-ground
IFP
HSP
IGP
$ 62.00
$ 99.00
$ 186.00
4
Ground MicroFIT
GSOLAR
$ 162.00
5
FIT
<1MW
1MW to 5MW
5MW to 10MW
10MW
to
15MW
<1MW
<5MW
5-10 MW
10-15 MW
$ 1,379.00
$ 2,760.00
$ 5,520.00
$ 8,199.00
6
Inspection Request Commercial
IRC
$ 68.00
7
Inspection Request Residential
IRR
$ 39.00
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SCHEDULE "B'
INSPECTION REQUEST
I, , am lodging a formal
complaint under the Property
Standards By-law, about the property at:
The complaint(s) include(s), but is/are not restricted to the following:
I, the undersigned, request that the property listed above be inspected by a Property
Standards Officer of the Township of Opasatika and to take whatever action necessary.
I, the undersigned, agree that if the Property Standards Officer, upon inspection of the
property above, determines that this complaint is frivolous and vexatious in manner
and/or the conditions are so minor as not to constitute any action under this By-law, I
agree not to be reimbursed the fee paid in advance for the inspection of the property (as
set out in Schedule "A").
This agreement was made and hereby understood and agree to by the undersigned:
Signature
Telephone number
Address
Witness Print Name
Witness Signature
On this day of , 202 .
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SCHEDULE "C"
NOTICE OF APPEAL TO PROPERTY STANDARDS COMMITTEE
Ontario Building Code Act, 1992, S.O. 1992, c.23
Date:
Municipal Clerk
Property Standards Appeal Committee
Corporation of the Township of Opasatika
P.O. Box 100
Opasatika, Ontario
P0L 1Z0
RE:
Order to Remedy Violation of Standards of Maintenance and Occupancy at
Description and location of property in violation:
TAKE NOTICE of the appeal of the undersigned to the Property Standards Committee
because of dissatisfaction with the above reference order to Remedy Violation of
Standards of Maintenance and Occupancy served upon the undersigned on
, 20 .
Name:
Print name of owner or agent
Signature of owner or agent
Address:
Telephone number:
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SCHEDULE "D"
Part I Provincial Offences Act
THE CORPORATION OF THE TOWNSHIP OF OPASATIKA
BY-LAW 2020-12
Being a by-law to provide standards for the maintenance and occupancy of
property in the Township of Opasatika
ITEM
COLUMN 1
Short form Wording
COLUMN 2
Provision creating
or defining offence
COLUMN 3
Set fine
1
Fail to maintain standards for
occupancy of property
s. 4.1
$ 500.00
2
Fail to maintain foundation walls
s. 4.2
$ 500.00
3
Fail to maintain exterior surfaces
s. 4.3
$ 500.00
4
Fail to maintain exterior walls
s. 4.4
$ 500.00
5
Fail to maintain floor, ceiling,
stairway, roof, balcony, porch
s. 4.5
$ 500.00
6
Fail to maintain windows and
exterior doors
s. 4.6
$ 500.00
7
Fail to maintain roof including
facia board
s. 4.7
$ 500.00
8
Fail to maintain chimney, smoke
pipe, flue or gas
s. 4.8
$ 500.00
9
Fail to submit inspection report
s. 4.9
$ 500.00
Note: the general penalty provision for the offences listed above is section 9.19
(b) of
by-law 2020-12, a certified copy of which has been filed