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Office Consolidation
The Corporation of the Town of Orangeville
Property Standards By-law
By-law 2022-021
Amended By:
By-law Number
2022-059
2025-051
Date Amended:
June 27, 2022
August 11, 2025
This by-law is an electronic reproduction made available for information purposes
only and is not to be considered the official version of the by-law listed.
For accuracy and reliability, please refer to the original and any amending or
replacement by-laws. Official versions of all By-laws can be obtained from the
Town Clerk's Department.
2
The Corporation of the
Town of Orangeville
By-law Number 2022-021
A by-law prescribing Standards for the Maintenance and
Occupancy of Property
WHEREAS under section 15.1 (3) of the Building Code Act, 1992, S.O. 1992, c.23, as
amended, authorizes the Council of a municipality to pass a by-law prescribing
standards for the maintenance and occupancy of property within the municipality and for
prohibiting the occupancy or use of such property that does not conform to the
standards to be repaired and maintained to conform with the standards or requiring the
property to be cleared of all buildings, structures, debris or refuse and left in a graded
and levelled condition;
AND WHEREAS the Official Plan for the Corporation of the Town of Orangeville
includes provisions relating to property conditions;
AND WHEREAS section 15.6 (1) of the Building Code Act, 1992, S.O. 1992, c.23, as
amended requires that a by-law passed under section 15.1 (3) of the Building Code Act,
1992, S.O. 1992, c.23 shall provide for the establishment of a Property Standards
Committee;
AND WHEREAS under sections 35.3 and 45.1 of the Ontario Heritage Act, R.S.O.
1990, c.0.18, as amended, a by-law may be passed by the Council of a municipality
prescribing the minimum standards for the maintenance of the Heritage Attributes of
designated heritage properties or properties situated in a heritage conservation district
provided that a by-law passed under section 15.1 of the Building Code Act is in effect in
the municipality;
NOW THEREFORE Council of the Corporation of the Town of Orangeville hereby enact
as follows:
1
Short Title
1.1
This by-law may be cited as the "Property Standards By-law".
2
Definitions
2.1
In this by-law:
3
Accessory Building means a detached building or structure not used for human
habitation that is subordinate to the primary use on the same property;
Administrative Penalty By-law means the Administrative Penalty By-law of the Town,
being By-law 2025-049 as amended from time to time, or any successor thereof;
(Amended by By-law 2025-051)
Basement means that portion of a building which is partly below grade but which has
at least one-half of its height from floor to ceiling above a finished grade and includes a
crawl space and cellar;
Boat includes any vessel which floats or is designed to float on the surface of the water
and is capable of carrying people or material whether motorized or not and includes but
is not limited to pleasure craft, scows, personal water craft, canoes, row boats, pontoon
boats and commercial boats, when on the water or on land;
Building means a building as defined in the Building Code or any part thereof, or a
structure used or intended to be used for supporting or sheltering any use or
occupancy;
Building Code means the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and
any successor legislation and its prescribed regulations;
Cellar means that portion of a building which is partly or entirely below grade, which
has at least one-half its height from floor to ceiling above a finished grade;
Committee means the Property Standards Committee established pursuant to the
provisions of this by-law;
Council means the Council for the Town;
Dwelling means a building occupied or capable of being occupied in whole or in part
for the purpose of human habitation and includes a dwelling unit;
Dwelling Unit means a room or rooms which function as a housekeeping unit used or
intended to be used by one or more persons, in which a kitchen, living quarters and
sanitary facilities are provided for the exclusive use of the residents and with a private
entrance from outside the building or from a common hallway or stairway;
Fence means a structure, wall or barrier, other than a building or accessory
building, erected at grade for the purpose of defining the boundaries of a property,
separating open space, restricting ingress to or egress from property, providing
security or protection to property or acting as a visual or acoustic screen;
Firewood means any lumber, timber, logs, poles, cut up trees or felled trees, any
salvaged wood products including but not limited to wood skids, wood boxes, and used
wood products that are not required for a building or accessory building currently
under construction on the property or for which there is a current or regular use;
Graffiti includes one or more letters, symbols, numbers, etchings, inscriptions,
pictorials, unslightly chalk or paint marks, representations or other markings that
disfigure or deface property;
4
Ground Cover means organic or non-organic material that covers the ground, and
includes concrete, flagstone, gravel, asphalt, grass, plantings or other forms of
landscaping;
Guard means a protective barrier installed around openings in floor areas or on the
open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway, or other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through them;
Heritage Attribute means an attribute of a heritage property that contributes to
its cultural heritage value or interest that is defined, described or inferred:
(a)
in a by-law designating a heritage property;
(b)
in a by-law designating a heritage conservation district;
(c)
in a Minister's Order made under the Ontario Heritage Act;
(d)
in any documentation considered as part of (a), (b) and (c) above; and
(e)
includes any elements, features or components that support or protect the
heritage attribute;
Heritage Property means a Property designated under Part IV or Part V or by
Minister's Order under the Ontario Heritage Act;
Inoperative includes not being in good repair;
Medical Officer of Health means the Medical Officer of Wellington Dufferin Guelph
Public Health;
Noxious Weed means, as defined in the Weed Control Act, R.S.O. 1990, c. W. 5, as
amended, a plant that is deemed to be a noxious weed under subsection 10 (1) or
designated as a noxious weed under section 24 (a) of the Weed Control Act, R.S.O. 1990,
c. W. 5, as amended;
Occupant means any person or persons over the age of eighteen (18) years in
possession of the property;
Officer means a Property Standards Officer of the Town, who has been appointed by
by-law to administer and enforce the provisions of this by-law;
Owner includes:
(a)
the person for the time being managing or receiving the rent of the land or
premise in connection with which the word is used, whether on the person's own
account or as agent or trustee of any other person, or who would receive the
rent if the land and premise were let; and
(b)
a lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the standards
5
for the maintenance and occupancy of property;
Person includes a corporation and its heirs, executors, administrators, or other
representatives of a person to whom the context can apply according to law;
Property means a yard, building, accessory building and includes all mobile homes,
mobile buildings, mobile structures, outbuildings, structures, a fence, a retaining wall,
vacant property and heritage property;
Recreational Vehicle means a motorized or trailer vehicle designated to be used for
the temporary living, sleeping or eating accommodation of persons, and which is not
used for any commercial purpose, and includes a motor home and a camper trailer;
Refuse includes any debris, rubbish, waste, sewage, effluent, garbage, brush, ashes,
litter, wrappings, salvage, vehicle parts, trade waste, discarded material or things, broken
or dismantled things, or materials or things exposed to the elements, deteriorating or
decaying;
Repair includes:
(a)
the making of additions, replacement, restoration, painting or alteration or the
taking of such action to meet the standards established in this by-law;
(b)
being free from accident, health and fire hazards, and in good operating,
structurally sound, safe and functioning condition or order;
(c)
to carry out its intended function;
(d)
to maintain an attractive appearance.
Retaining Wall means a structure that holds back soil or loose material to prevent it
from assuming the natural angle of repose at locations where an abrupt change in ground
elevation occurs;
Sewage System means the Town's system of storm sewers, sanitary sewers and
combined sewers, or a private sewage disposal system;
Structure means anything constructed or erected, the use of which requires location on
the ground, or attached to something having location on the ground;
Swimming Pool includes wading pools, artificial ponds, hot tubs and any accessory
equipment or any part thereof;
Town means the Corporation of the Town of Orangeville or the land within the
geographic limits of the Corporation of the Town of Orangeville as the context requires;
Unlicensed means does not have a current licence plate and licence plate sticker
issued by the applicable government agency;
Unsafe Condition means any condition that poses or constitutes an undue or
6
unreasonable hazard or risk to life, limb or health of any person on or about the property;
Vacant building means any building or accessory building that is or appears to be
vacant, partially vacant, or unoccupied, or that, by reason of its unfinished or dilapidated
condition, is open to the elements and in a state that there is little to no control over
unauthorized entry, but does not include a dwelling occupied by the owner on a
seasonal basis;
Vacant property means a property that does not have a building or an accessory
building;
Vehicle means a motor vehicle as defined by the Highway Traffic Act, R.S.O. 1990, c.
H. 8, as amended, trailer, boat, recreational vehicle, motorized snow vehicle,
mechanical equipment, and any vehicle drawn, propelled or driven by any kind of
power, including muscular power;
Yard means a parcel of land which is capable of being legally conveyed;
Zoning By-law means any by-law administered by the Town passed pursuant to Section
34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended or any successor legislation
thereof.
3
Repair Standards
3.1
Repairs to a property shall be made in a manner that is:
(a)
accepted as good workmanship in the respective building trades;
(b)
with materials that are suitable and sufficient;
(c)
with the same or visually similar material to blend with the existing material
to form a consistent appearance;
(d)
in character with the surrounding environment
to the satisfaction of an Officer and in accordance with the Building Code.
4
Maintenance of Yards
4.1
A yard shall be kept clean and free from:
(a)
refuse;
(b)
refrigerators, freezers, an ice-box or other appliances;
(c)
structures, objects or conditions that may create an unsafe condition;
(d)
stagnant water;
(e)
dead, decayed, damaged trees or other natural growth and the branches
and limbs thereof;
(f)
deep ruts and holes;
(g)
long grass, brush, undergrowth, and weeds that exceed 15 cm in height;
7
(h)
animal excrement;
(i)
injurious insects, rodents, vermin and other pests and any condition that
may promote an infestation;
(j)
noxious weeds;
(k)
wrecked, dismantled, derelict, inoperative, discarded, unused or an
unlicensed vehicle, trailer or boat and any component parts thereof,
except in an establishment licensed or authorized to conduct and operate
such a business in accordance with any other by-laws, and then only in an
arrangement such as to prevent an unsafe condition or an unsightly
appearance;
(l)
machinery or any parts thereof, or other objects or parts thereof, or
accumulations of material or conditions that create an unsafe condition or
an unsightly appearance;
(m)
dilapidated or collapsed building or accessory building or other unsafe
condition or unsightly appearance;
(n)
an abandoned or unused well, septic tank or a hole on a property, except
if filled or safely covered and protected;
(o)
firewood, except if stored in neat orderly piles.
4.2
Notwithstanding section 4.1 (g), this By-law does not apply to open space Town
lands that have been naturalized.
4.3
A yard shall be cultivated or protected by suitable ground cover and maintained
to:
(a)
prevent the erosion of the soil;
(b)
prevent accumulations of dust or dirt from spreading to a neighbouring
property;
(c)
not exhibit an unsightly appearance;
(d)
provide for a safe passage.
4.4
Where grass forms a part of ground cover and is dead it shall be re-sodded or
re-seeded as often as required so as to restore the grass to a living condition.
4.5
Hedges and bushes shall:
(a)
not be overgrown;
(b)
not exhibit an unsightly appearance.
8
4.6
Hedges, bushes, ground cover, trees, landscaping and general maintenance
including lighting required by the Town as a condition of site development or
redevelopment shall be maintained in good repair or living condition.
4.7
A yard shall be graded and maintained to prevent:
(a)
the excessive or recurrent ponding of storm water thereon;
(b)
surface water run-off from entering a basement.
5
Graffiti
5.1
Property shall be kept free of graffiti.
6
Swimming Pools
6.1
A swimming pool shall be maintained free from:
(a)
stagnant water;
(b)
leaks.
6.2
A swimming pool shall be maintained in good repair.
7
Waste Management and Storage
7.1
A building shall have sufficient and appropriate receptacles to contain refuse.
7.2
Receptacles shall be standard garbage bags or other garbage containers
commercially sold for the purpose and provided with a tight fitting cover.
7.3
Garbage receptacles shall be maintained in a clean state and shall not be stored
in the front yard.
7.4
Refuse shall be placed in the suitable receptacle and made available for removal
in accordance with the County of Dufferin Waste Collection By-law.
8
Compost
8.1
A compost heap shall not be created or maintained on vacant property or on
lands other than on lands with a residential designation under the Town's
zoning by-law.
8.2
A compost heap shall:
(a)
be maintained in a composter or an open compost pile that is not larger
than 1.0 square metres in area and 1.8 metres in height;
(b)
not be stored in the front yard.
9
9
Sewage and Drainage
9.1
Sewage shall be discharged into an approved sewage system.
9.2
Stormwater run-off from all downspouts of impervious surfaces, a sump pump
and swimming pool water shall be contained within the limits of the property
from which it originates until absorbed by the soil or drained to a storm sewer, or
to a natural or artificially-created swale, ditch or watercourse.
10
Parking Areas, Walks and Driveways
10.1 An area used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, compacted stone or gravel or other suitable or reasonably
dust-free substance.
10.2 A surfaced path, sidewalk, patio, step, ramp, entrance, driveway and parking
area shall:
(a)
be maintained in good repair;
(b)
provide for safe passage;
(c)
adequately illuminated so as to afford safe use.
11
Fences and Retaining Walls
11.1 A fence, barrier and retaining wall shall:
(a)
be maintained in good repair;
(b)
not present an unsightly appearance.
12
Structural and Element Standards
12.1 A building and an accessory building shall be:
(a)
maintained in good repair;
(b)
maintained to prevent the entry of moisture;
(c)
maintained in a weather tight condition;
(d)
capable of sustaining safely its own weight and any load to which it may
be subject.
12.2 If, in the opinion of an Officer, there is doubt as to the structural condition and
adequacy of a building or an accessory building, the Officer may order that
such building or accessory building be examined by a professional engineer,
licensed to practice in Ontario.
13
Pest Prevention & Sanitary Condition
10
13.1 A building and an accessory building shall be maintained free of rodents,
vermin, injurious insects and any other condition that may promote an infestation.
13.2 A dwelling shall be maintained in a clean and sanitary condition.
14
Exterior Walls
14.1 An exterior wall and its components shall be maintained:
(a)
in good repair;
(b)
in a weather tight condition;
(c)
to prevent the entry of moisture;
(d)
free from holes, cracks, loose or unsecured objects or materials or other
defects;
(e)
so as not to present an unsightly appearance.
15
Foundations
15.1 A foundation and its components shall be maintained:
(a)
in good repair;
(b)
in a weather tight condition;
(c)
to prevent the entry of moisture;
(d)
free from holes, cracks, loose or unsecured objects or materials or other
defects.
15.2 The repair of a foundation and its components includes:
(a)
shoring of the foundation;
(b)
installation of subsoil drains at the footings;
(c)
grouting masonry cracks;
(d)
parging or waterproofing the walls.
16
Roof and Roof Structures
16.1 A roof and its components shall be maintained:
(a)
in good repair;
(b)
in a weather tight condition;
(c)
to prevent the entry of moisture;
(d)
free from holes, cracks, loose or unsecured objects or materials or other
defects;
11
(e)
free from dangerous accumulation of ice or snow.
16.2 An eavestrough, roof gutter and downspout shall be maintained:
(a)
in good repair;
(b)
free from leaks;
(c)
free from obstructions;
(d)
in a manner that they are securely fastened to the building or
accessory building.
17
Doors and Windows
17.1 A window, exterior door, garage door and cellar hatchway and its components
including hardware and weather-stripping shall be maintained:
(a)
in good repair;
(b)
in a weather tight condition;
(c)
to prevent the entry of moisture;
(d)
free from holes, cracks, loose or unsecured objects or materials or other
defects.
17.2 A window and an exterior door shall have suitable hardware so as to permit locking
or securing from inside the dwelling.
17.3 A window in a dwelling that can be or is required by the standards to be
openable shall be provided with screening to effectively prevent the entry of
insects.
17.4
A screen shall be maintained in good repair.
17.5 A solid core door shall be provided for all entrances to a dwelling.
17.6 In a multi-residential dwelling where a security locking-and-release system has
been provided in the front or rear lobby for the entrance into the multi-residential
dwelling and that system is controlled from each dwelling unit, such system
shall be maintained in a good repair.
18
Stairs, Landings, Porches, Ramps and Balconies
18.1 Stairs, landings, porches, ramps and balconies and its components including
guardrails, balustrades and handrails shall be maintained:
(a)
in good repair;
12
(b)
free from holes, cracks, loose or unsecured objects or materials or other
defects.
19
Exterior Lighting
19.1 Exterior lighting fixtures shall be maintained at an entrance to a dwelling.
19.2 An exterior lighting fixture shall not be installed or maintained in a manner so as
to shine directly into the window of an abutting dwelling.
20
Interior Walls, Ceilings and Floors
20.1 An interior wall, ceiling and floor and its components in a dwelling shall be
maintained:
(a)
in good repair;
(b)
free from holes, cracks, loose or unsecured objects or materials or other
defects;
(c)
free of all loose, warped, protruding, broken, or rotted boards or other
material.
20.2 An interior wall surrounding a shower or bathtub shall be impervious to water.
20.3 A floor in a bathroom, kitchen and laundry room shall be impervious to water.
21
Kitchen
21.1 A dwelling shall contain a kitchen area equipped with:
(a)
one sink that provides an adequate supply of hot and cold running water;
(b)
a counter or work area, exclusive of the sink, that is covered with a
material that is impervious to moisture and grease and can be easily
cleaned;
(c)
a space provided for cooking and refrigeration appliances, including
suitable electrical or gas connections.
21.2 A cooking and refrigeration appliance shall be maintained in good repair.
22
Bathroom
22.1 A dwelling shall contain a bathroom with plumbing fixtures consisting of a:
(a)
toilet;
(b)
sink;
(c)
bathtub or shower.
22.2 A bathroom shall be accessible from within a dwelling and shall be fully
13
enclosed and provided with a door capable of being locked so as to allow privacy
for a person using the bathroom.
22.3 Where a bathroom is shared by occupants of a residential accommodation,
other than a self-contained dwelling unit, an appropriate entrance shall be
provided from a common passageway, hallway, corridor or other common space
to the room or rooms containing the bathroom.
22.4 A bathroom shall be provided with an adequate supply of hot and cold running
water.
23
Plumbing
23.1 A dwelling shall be provided with an adequate supply of potable running water
from a source approved by the Medical Officer of Health.
23.2 All plumbing in a dwelling, including drains, water supply pipes, toilet, sink,
bathtub, shower and other plumbing fixtures and its components shall be
maintained:
(a)
in good repair;
(b)
free of leaks and other defects;
(c)
free from blemishes, cracks, stains or other defects;
(d)
to be impervious to water;
(e)
to be protected from freezing;
(f)
and be connected to the sewage system through water seal traps.
24
Heating, Heating Systems, Chimneys, Vents and Fuel Burning Appliances
24.1 A dwelling shall be provided with suitable heating facilities capable of
maintaining an indoor ambient temperature of 21 degrees Celsius (70 f.). The
heating system shall be maintained in good repair so as to be capable of safely
heating the dwelling to the required standard.
24.2 A fuel burning appliance, equipment and accessories shall be maintained in good
repair and properly vented to the outside air by means of a smoke-pipe, vent-
pipe, chimney flue or other approved method as set out in the Building Code.
24.3 A dwelling shall be maintained to prevent the passage of smoke, fumes and
gases from that part of the dwelling which is not used, designed or intended to
be used for human habitation in other parts of the dwelling used for habitation.
Such separations shall conform to the Building Code.
24.4 A chimney, smoke or vent stack, smoke-pipe, flue and vent and its components
in a dwelling shall be maintained:
(a)
in good repair;
14
(b)
plumb;
(c)
free from loose bricks, mortar and loose or broken capping, or open joints
and masonry cracks;
(d)
free from loose or rusted stanchions, braces and attachments;
(e)
free from obstructions;
(f)
to prevent the heating of adjacent combustible material or structural
members to unsafe temperatures.
24.5 Portable heating equipment shall not be the primary source of heat in a rental
dwelling.
25
Air Conditioning
25.1 An air conditioning system shall be maintained in good repair.
26
Electrical Service
26.1 A dwelling shall be wired for electricity and shall be connected to an approved
electrical supply system.
26.2 Electrical wiring, fixtures, switches, receptacles, and appliances shall be
maintained in good repair.
27
Interior Lighting
27.1 Adequate lighting standards and fixtures in a dwelling shall be installed so that
the work operations normally carried out in an area, or the use of an area, can be
undertaken in safety and to provide safe passage.
27.2 A lighting standard and fixture shall be maintained in good repair.
28
Disconnection of Service
28.1 The registered owner of a property shall not disconnect, shut-off, remove,
otherwise discontinue or cause or permit the discontinuance of any gas, water,
steam, electric power, fuel oil or other service or utility serving a dwelling
occupied by a tenant or lessee, except for a reasonable period of time in order to
safely make repairs.
29
Ventilation
29.1 Sufficient ventilation shall be provided and maintained in a building, or
accessory building including a kitchen, bathroom, basement, attic or roof
space.
15
29.2 A system of mechanical ventilation shall be maintained in good repair.
30
Egress
30.1 A dwelling shall have a safe, continuous and unobstructed passage from the
interior to an exit or the outside of the dwelling at street or grade level.
31
Vacant Property
31.1 Vacant property shall be kept clear of all refuse and other materials and
equipment.
32
Vacant Building
32.1 A vacant building 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.
32.2 An Owner of a vacant building shall securely fasten and board up the openings
of the vacant building with weatherproof sheet plywood. The plywood shall be
painted in a colour compatible with the surrounding walls.
33
Heritage Properties
33.1 In addition, to all other standards prescribed by this by-law, an Owner of a
heritage property shall:
(a)
protect, maintain and stabilize a heritage attribute so as to preserve the
existing materials;
(b)
in the conduct of a repair use only materials that match the form and
detailing of the original elements of the heritage attribute.
33.2 An Owner of a property designated under Part IV or Part V of the Ontario
Heritage Act must consult with the Town to enquire if any approvals or a
Heritage Permit are required prior to commencing any repairs.
33.3 An Owner of a property shall conduct repairs in accordance with a Heritage
permit issued by the Town.
34
Administration and Enforcement
34.1 An Officer is responsible for the administration and enforcement of this by-law.
35
Inspection
35.1 An Officer may, upon producing proper identification, enter upon any property
at any reasonable time without a warrant for the purpose of inspecting the
property to determine:
16
(a)
whether the property conforms with the standards prescribed in this by-
law;
(b)
whether an order made under this by-law and the Building Code has
been complied with.
35.2 An Officer shall not enter or remain in any room or place actually being used as
a dwelling unless:
(a)
the consent of the Occupant is obtained, the Occupant first having been
informed that the right of entry may be refused and entry made only under
the authority of a warrant issued under the Building Code;
(b)
a warrant issued under the Building Code is obtained;
(c)
the delay necessary to obtain a warrant or the consent of the Occupant
would result in an immediate danger to the health or safety of any person;
(d)
the entry is necessary to terminate a danger under section 15.7 (3) of the
Building Code; or
(e)
the requirements of section 35.3 are met and the entry is necessary to
remove an unsafe condition or to repair or demolish under section
15.4(1) of the Building Code.
35.3 Within a reasonable time before entering the room or place for a purpose
described in section 35.2 (e), the Officer shall serve the Occupant with notice of
his or her intention to enter it.
35.4 An Officer for the purposes of an inspection has all the powers as provided for in
section 15.8(1) of the Building Code.
36
Orders and Compliance
36.1 An Owner of property shall comply with the standards and requirements
prescribed in this by-law.
36.2 Every Officer who finds that a property does not conform with any of the
standards of this by-law, may make an order pursuant to the provisions of
section 15.2 of the Building Code:
(a)
requiring the property that does not conform with the standards to be
repaired and maintained to conform with the standards; or
(b)
requiring that the site be cleared of all buildings or accessory buildings,
structures or refuse and left in a graded and leveled condition.
36.3 Every Owner of property shall comply with an order made pursuant to this by-
law and the Building Code requiring compliance as confirmed or modified. If an
order of an Officer is not complied with in accordance with the order as deemed
confirmed or as confirmed or modified by the Committee or a judge, the Town
may cause the property to be repaired or demolished accordingly.
17
36.4 Where any person fails to comply with an order issued, the Town may enter and
cause the required work to be done at the cost of the person. The cost of such
work may be recovered by action or by adding the costs to the tax roll and
collecting the costs in the same manner as property taxes.
37
Appeal of Order
37.1 An Owner who has been served with an order made under this by-law and
Building Code and who is not satisfied with the terms or conditions of the order
may appeal to the Committee by sending a notice of appeal by registered mail to
the secretary of the Committee within 14 days after being served with the order.
37.2 An order that is not appealed within the time referred to in section 37.1 shall be
deemed to be confirmed.
(Amended by By-law 2022-059)
37.3 The Committee shall hear the appeal.
37.4 On an appeal, the Committee has all the powers and functions of the officer
who made the order and the Committee may do any of the following things if, in
the Committee's opinion, doing so would maintain the general intent and
purpose of the by-law and of the official plan or policy statement:
(a)
confirm, modify or rescind the order to demolish or repair.
(b)
extend the time for complying with the order.
37.5 The Town in which the property is situate or any Owner or person affected by a
decision under this section may appeal to the Superior Court of Justice by
notifying the Clerk of the Town in writing and by applying to the court within 14
days after a copy of the decision is sent.
37.6 The Superior Court of Justice shall appoint, in writing, a time and place for the
hearing of the appeal and may direct in the appointment the matter in which and
the persons upon whom the appointment is to be served.
37.7 On the appeal, the judge has the same powers and functions as the Committee.
37.8 An order that is deemed to be confirmed under section 53.2 or that is confirmed
or modified by the Committee under section 53.3 or a judge under section 53.7,
as the case may be, shall be final and binding upon the Owner who shall carry
out the repair or demolition within the time and in the manner specified in the
order.
38
Power of Town to Repair and Demolish
38.1 If an order is not complied with in accordance with the order as deemed
confirmed or as confirmed or modified by the Committee or a judge, the Town,
in accordance with section 15.4 of the Building Code, may cause the property
to be repaired or demolished.
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38.2 Where an order is not complied with and the Town has caused the property to
be repaired or demolished, the Town has priority lien status in accordance with
section 1 of the Municipal Act, 2001, as amended, on the property for the
amount spent on the repair or demolition and the amount may be added to the
tax roll by the Treasurer of the Town and may be collected in the same manner
as taxes on the property.
39
Emergency Orders
39.1 If upon inspection of a property an Officer is satisfied that there is non-
conformity with the standards prescribed in this by-law to such extent as to pose
an immediate danger to the health or safety of any person, the Officer may
make an order in accordance with section 15.7 of the Building Code containing
particulars of the non-conformity and requiring remedial repairs or other work to
be carried out immediately to terminate the danger.
40
Service
40.1 An order may be served personally, by email to the last known email address of
the person to whom service is required to be made or by registered mail sent to
the last known address of the person to whom notice is to be given or to that
person's agent for service or a copy of the order may be posted on the property
in a location visible to the public.
40.2 If an order is served by registered mail, the service shall be deemed to have
been made on the fifth day after the day of mailing.
41
Registration of an Order
41.1 An order may be registered in the proper Land Registry Office.
41.2 When the requirements of the order have been satisfied, the Clerk shall forthwith
register in the proper Land Registry Office a certificate that such requirements
have been satisfied, which shall operate as a discharge of the order.
42
Certificate of Compliance
42.1 After inspecting a property, an Officer who is of the opinion that the property is
in compliance with the standards established in this by-law, may issue a
certificate of compliance to the Owner.
43
Property Standards Committee
43.1 A Committee is hereby established in accordance with the Building Code.
43.2 The Committee shall be composed of such persons, not fewer than three (3),
as Council considers advisable.
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43.3 The Committee shall hold office for the term of Council or until such time as
successors are appointed.
44
Penalty
44.1 Every Owner who fails to comply with an order, as confirmed, any other order, a
direction or a requirement made under this by-law is guilty of an offence under
section 36 (1) of the Building Code and is liable to a penalty or penalties as set
out in section 36 of the Building Code.
45
Obstruction
45.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, an officer in
the exercise of a power or the performance of a duty under this by-law.
46
Transitional Rules
46.1 After the date of the passing of this by-law, By-law 6-2002, as amended, shall
apply only to lands in respect of which an order to comply has been issued prior
to the date of passing of this by-law, and then only to such lands until such time
as the work required by such order has been completed or any enforcement
proceedings in respect of such order, including any demolition, clearance, or
repair by the Town has been concluded.
47
Severability
47.1 If any section, subsection, paragraph, sentence, clause, or provision of this by-
law be declared by a Court of competent jurisdiction to be invalid, illegal or ultra
vires for any reason, all other provisions of this by-law shall remain and continue
in full force and effect and shall remain valid and binding.
48
Repeal
48.1 That By-laws 2382, 6-2002 and 33-2002 are hereby repealed.
Passed in open Council on the 7th day of March, 2022.
Signed by Sandy Brown, Mayor
Signed by Carolina Khan, Deputy Clerk
44.2
That sections 44.1 and 45.1 are hereby designated as parts of this By-law to
which the Administrative Penalty By-law applies.
(Amended by By-law 2025-051)
44.3 Any person who contravenes any Designated Provision shall, upon issuance
of a penalty notice in accordance with the Administrative Penalty By-law, be
liable to pay an administrative penalty and any applicable administrative fees.
(Amended by By-law 2025-051)