Municipal Code Chapter 866 — Maintenance - Occupancy Standards — full text

This is the exact embedded text of the captured official document. Snapshot 41e05b139a70 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Orillia 866.1 April 2024 Property Maintenance Chapter 866 Maintenance - Occupancy Standards Chapter Index Article 1 Short Title and Scope 866.1.1 Citation 866.1.2 Property - minimum standards 866.1.3 Property - non-conforming - requirements 866.1.4 Repairs - maintenance - requirements 866.1.5 Farms - exemption Article 2 Definitions 866.2.1 Accessory building - defined 866.2.2 Basement - defined 866.2.3 Boat - defined 866.2.4 Building defined 866.2.5 Building Code Act defined 866.2.6 City - defined 866.2.7 Clerk - defined 866.2.8 Committee - defined 866.2.9 Compost - defined 866.2.10 Council defined 866.2.11 Dwelling - defined 866.2.12 Dwelling unit - defined 866.2.13 Exterior property areas - defined 866.2.14 Fence - defined 866.2.15 Firewood - defined 866.2.16 First storey - defined 866.2.17 Ground cover - defined Maintenance - Occupancy Standards 866 Orillia 866.2 April 2024 866.2.18 Guard - defined 866.2.19 Habitable room - defined 866.2.20 Highway - defined 866.2.21 Medical Officer of Health - defined 866.2.22 Non-habitable room - defined 866.2.23 Occupant - defined 866.2.24 Openable area - defined 866.2.25 Owner - defined 866.2.26 Person - defined 866.2.27 Property - defined 866.2.28 Property Standards Officer - defined 866.2.29 Quorum - defined 866.2.30 Recreational activity - defined 866.2.31 Repair - defined 866.2.32 Retaining wall - defined 866.2.33 Safe condition - defined 866.2.34 Seized - defined 866.2.35 Sewage - defined 866.2.36 Sewage system - defined 866.2.37 Sign - defined 866.2.38 Structure - defined 866.2.39 Unsafe condition - defined 866.2.40 Vacant building - defined 866.2.41 Vacant property - defined 866.2.42 Waste - defined Article 3 Exterior Property Areas - General Requirements 866.3.1 Property - weeds - waste - maintained - clean - safe condition 866.3.2 Ground cover - suitable - prevention of erosion 866.3.3 Abandoned well - septic - safe Maintenance - Occupancy Standards 866 Orillia 866.3 April 2024 Article 4 Drainage 866.4.1 Ponding - prevented - grading 866.4.2 Storm water run-off - contained 866.4.3 Roof drainage - sidewalks - neighbouring property - other - prohibited Article 5 Retaining Walls 866.5.1 Retaining wall - in good repair 866.5.2 Retaining wall - maintenance Article 6 Fences 866.6.1 Fence - structurally sound - maintained 866.6.2 Fence - paint - treated Article 7 Lighting Standards and Fixtures - Interior and Exterior 866.7.1 Lighting - fixtures - maintained 866.7.2 Lighting - fixtures - safe 866.7.3 Lighting - neighbours - barrier - deflecting Article 8 Walkways, Driveways, Ramps, Parking Areas and Landings 866.8.1 Safe passage - maintained - all areas 866.8.2 Driveways - maintained - safe 866.8.3 Parking - driveways - walkways - free of objects - safe 866.8.4 Parking - driveways - walkways - free from dust 866.8.5 Snow storage - maintained Article 9 Buildings and Accessory Buildings 866.9.1 Building - accessory - maintained - safe Maintenance - Occupancy Standards 866 Orillia 866.4 April 2024 866.9.2 Repairs - unsafe conditions Article 10 Health and Refuse 866.10.1 Buildings - mould - waste 866.10.2 Rodents - vermin - insects - extermination 866.10.3 Waste - receptacles 866.10.4 Receptacles - acceptable - watertight - clean - covered 866.10.5 Garbage - collection rooms - clean - maintained Article 11 Compost 866.11.1 Compost - maintained - size 866.11.2 Compost - open compost - property line 866.11.3 Composter - odour free - free of pests 866.11.4 Open Compost - paper towels - bones - branches - other - prohibited Article 12 Heating, Heating Systems, Chimneys, Vents and Fuel Burning Appliances 866.12.1 Suitable facilities - temperature - required 866.12.2 Portable heating equipment - permanent - prohibited 866.12.3 Chimneys - smoke stacks - flue-pipes - free from obstruction - maintained Article 13 Air Conditioning 866.13.1 Air conditioner - prevention of 866.13.2 Air conditioner - anchored - safe 866.13.3 Cooling water - drainage - regulations Article 14 Ventilation 866.14.1 Ventilation - all areas - safe 866.14.2 Natural opening - artificial - kitchen - bathroom - required Maintenance - Occupancy Standards 866 Orillia 866.5 April 2024 866.14.3 Mechanical ventilation - maintained Article 15 Plumbing 866.15.1 Potable running water - required 866.15.2 Hot water - cold water - supply - temperature - required 866.15.3 Fixtures - clean 866.15.4 Plumbing - good working order - free from leaks - protection from freezing 866.15.5 Plumbing - discharge - sewage system 866.15.6 Sewage - discharge - approved sewage system Article 16 Kitchen 866.16.1 Dwelling unit - kitchen - requirements 866.16.2 Cooking appliance - refrigeration - maintained - good working condition 866.16.3 Cooking surface - range - minimum clearance Article 17 Bathroom 866.17.1 Bathroom - requirements 866.17.2 Location - accessible - within building 866.17.3 Privacy - provided - room enclosed 866.17.4 Shared facilities - entrance - common passageways 866.17.5 Shower walls - impervious material - maintained Article 18 Floors 866.18.1 Floors - maintained - safe condition 866.18.2 Unsafe flooring - repair - replace 866.18.3 Water-resistant - floor material Maintenance - Occupancy Standards 866 Orillia 866.6 April 2024 Article 19 Electrical Service 866.19.1 Wiring - connected - approved supply system 866.19.2 Circuits - supply - adequate 866.19.3 Electrical equipment - other - maintained - conformity Article 20 Disconnected Utilities 866.20.1 Disconnected utilities - prohibited Article 21 Foundations 866.21.1 Foundation - maintained 866.21.2 Maintenance - foundation - safe condition Article 22 Exterior Walls, Columns and Beams 866.22.1 Exterior walls - components 866.22.2 Exterior wall - maintenance 866.22.3 Exterior columns - beams - maintained - safe condition Article 23 Exterior Doors, Windows and Other Openings - Canopies - Marquees - Awnings 866.23.1 Exterior openings - windows - doors - weather tight - draft free 866.23.2 Windows - doors - painting - repair - refit - reglaze 866.23.3 Windows - openable - screening 866.23.4 Windows - lockable 866.23.5 Exception - vacant buildings 866.23.6 Canopy - marquee - awning - anchored - safe 866.23.7 Exit - continuous - unobstructed 866.23.8 Doors - lockable Maintenance - Occupancy Standards 866 Orillia 866.7 April 2024 Article 24 Exterior Stairs, Verandas, Porches, Decks, Loading Docks, Balconies and Fire Escapes 866.24.1 Stairs - veranda - porch - deck - fire escapes - maintained - compliance 866.24.2 Repair - stairs - veranda - balcony - loading dock Article 25 Roofs and Roof Structures 866.25.1 Roof - weather tight - free from unsecured objects - ice - safe 866.25.2 Roof - snow - ice removal 866.25.3 Eavestrough - roof gutters - downpipes - good working condition Article 26 Exterior Maintenance 866.26.1 Exterior surfaces - protective finishes - maintained - refinished Article 27 Interior Windows, Doors, and Stairs 866.27.1 Interior windows - interior doors - clean - safe 866.27.2 Compliance - indoor windows - indoor doors 866.27.3 Garage door - tight-fitting - weather-stripped - self-closing Article 28 Interior Structure - Columns and Beams 866.28.1 Interior structural components - maintained - adequate material for load Article 29 Walls - Ceilings 866.29.1 Interior walls - ceilings - maintained - safe Article 30 Elevators 866.30.1 Elevator - escalator - operable Maintenance - Occupancy Standards 866 Orillia 866.8 April 2024 Article 31 Signs 866.31.1 Signs - maintained - safe Article 32 Occupancy Standards 866.32.1 Use - unsafe condition - prohibited 866.32.2 Use - non-habitable - as dwelling - prohibited Article 33 Vacant Property and Vacant Buildings 866.33.1 Vacant property - waste - clear of 866.33.2 Vacant building - secured - prevent unauthorized entry 866.33.3 Openings - maintained - requirements 866.33.4 Openings - order - more secure option Article 34 Administration and Enforcement 866.34.1 Property standards officer - administration - enforcement 866.34.2 Inspection - without warrant - compliance 866.34.3 Access - consent - warrant 866.34.4 Notice - entry 866.34.5 Property standards officer - powers - Building Code Act 866.34.6 Fees - inspection Article 35 Orders and Compliance 866.35.1 Compliance - required 866.35.2 Order - issued 866.35.3 Order - compliance 866.35.4 Order - failure to comply Maintenance - Occupancy Standards 866 Orillia 866.9 April 2024 Article 36 Appeal of Order 866.36.1 Order - appeals 866.36.2 Order - appeal - fee 866.36.3 Order - confirmed 866.36.4 Appeal - Superior Court of Justice - notification 866.36.5 Appeal hearing 866.36.6 Appeal - judge - committee 866.36.7 Owner - work to be done Article 37 Power of City to Repair and Demolish 866.37.1 Municipality - work to be done 866.37.2 Municipality - recovery of costs Article 38 Emergency Orders 866.38.1 Emergency orders - immediate remedy Article 39 Certificate of Compliance 866.39.1 Certificate - compliance 866.39.2 Certificate - fees Article 40 Penalty 866.40.1 Penalty - failure to comply Article 41 Property Standards Committee 866.41.1 Property standards committee 866.41.2 Committee - members 866.41.3 Composition 866.41.4 Qualifications Maintenance - Occupancy Standards 866 Orillia 866.10 April 2024 866.41.5 Term 866.41.6 Members - successors 866.41.7 Members - appeals - disposal of 866.41.8 Consecutive terms - maximum two 866.41.9 Reappointment - absence from - term of Council 866.41.10 Rules of procedure Article 42 Interpretation, Validity, and Transition 866.42.1 Words - plural - singular 866.42.2 Headings - convenience only 866.42.3 Amended references 866.42.4 Schedule 866.42.5 Conflict - Building Code Act prevails 866.42.6 Validity and severability Article 43 Transitional Rules 866.43.1 Transition - previous chapters - continue until completed Article 44 Effective Date 866.44.1 Effective date Schedule Schedule "A" - Rules of Procedure ________ Article 1 Short Title and Scope 866.1.1 Citation This Chapter may be cited as the "Property Standards Chapter." In the text of the Chapter, it is referred to as "this Chapter." Maintenance - Occupancy Standards 866 Orillia 866.11 April 2024 866.1.2 Property - minimum standards The standards for maintenance and occupancy of property set forth in this Chapter are hereby prescribed and adopted as the minimum standards for all property within the City. 866.1.3 Property - non-conforming - requirements A property within the City that does not conform with the standards contained in this Chapter shall be: (a) repaired and maintained to conform with such standards; or (b) cleared of all buildings, accessory buildings, structures or waste and left in a graded and levelled condition. 866.1.4 Repairs - maintenance - requirements All repairs and maintenance of property required by the standards prescribed in this Chapter shall be carried out in a manner accepted as good workmanship in the trades concerned and with materials suitable and sufficient for that purpose. 866.1.5 Farms - exemption Notwithstanding section 866.1.2, this Chapter does not apply so as to prevent a farm, meeting the definition of "agricultural operation" under the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, from carrying out a normal farm practice as provided for and defined under that Act. Article 2 Definitions 866.2.1 Accessory building - defined "accessory building" means a detached building or structure, not used for human habitation that is subordinate to the primary use on the same property. 866.2.2 Basement - defined "basement" means one or more storeys of a building located below the first storey. 866.2.3 Boat - defined "boat" includes any vessel designed, used or capable of being used solely or partly to carry a person and/or chattel over water, 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. 866.2.4 Building - defined "building" means a building as defined in the Building Code Act, or a structure used or intended to be used for supporting or sheltering any use or occupancy. Maintenance - Occupancy Standards 866 Orillia 866.12 April 2024 866.2.5 Building Code Act - defined "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, and any prescribed regulations under the Building Code Act. 866.2.6 City - defined "City" means the Corporation of the City of Orillia or the land within the geographic limits of the Corporation of the City of Orillia as the context requires. 866.2.7 Clerk - defined "Clerk" means the Clerk of the City, or designate. 866.2.8 Committee - defined "Committee" means a Property Standards Committee established under this Chapter. 866.2.9 Compost - defined "Compost" means a collection of plant material such as leaves, grass clippings, house and garden plants, food organics including vegetables, fruit, coffee grounds, tea bags, eggshells, bread, pasta, or rice. 866.2.10 Council - defined "Council" means the Council of the Corporation of the City of Orillia. 866.2.11 Dwelling - defined "dwelling" means a building or part of a building, occupied or capable of being occupied, in whole or in part for the purpose of human habitation. 866.2.12 Dwelling unit - defined "dwelling unit" means a room or a suite of rooms connected together as a separate unit in the same building and constituting an independent housekeeping unit, designed, used or intended to be used as a domicile by one or more persons and supporting general living conditions including cooking, sleeping and sanitary facilities, and has access provided by a private entrance from outside the building or from a common hallway or stairway inside the building, but does not include recreational equipment or any vehicle. 866.2.13 Exterior property areas - defined "exterior property areas" means the property, exclusive of a building and an accessory building. 866.2.14 Fence - defined "fence" means a structure, wall, barrier, railing, line of posts, wire, boards, pickets, or other material, other than a building, used to define boundaries of property in whole or in part, separate open space, restrict ingress to or egress from property, provide security or protection to property or act as a visual or acoustic screen. Maintenance - Occupancy Standards 866 Orillia 866.13 April 2024 866.2.15 Firewood - defined "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, accessory building or structure currently under construction on the property or for which there is a current or regular use. 866.2.16 First storey - defined "first storey" means the storey that has its floor closet to grade and its ceiling more than 1.8 metres above grade. 866.2.17 Ground cover - defined "ground cover" means organic or non-organic material that covers the ground such as concrete, flagstone, gravel, asphalt, grass or other forms of landscaping. 866.2.18 Guard - defined "guard" means a protective barrier installed around openings in floor area 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. 866.2.19 Habitable room - defined "habitable room" means a room or enclosed floor space used, or capable of being used for living, eating, sleeping or food preparation purposes, but excludes a bathroom, water closet compartment, laundry, pantry, foyer, lobby, hall, passageway, corridor, closet, stairway, storage room, furnace room, boiler room, or other accessory space used for service, maintenance or access within a building. 866.2.20 Highway - defined "highway" includes a common and public highway, street, road, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. 866.2.21 Medical Officer of Health - defined "Medical Officer of Health" means the Medical Officer of Health for the Simcoe Muskoka District Health Unit. 866.2.22 Non-habitable room - defined "non-habitable room" means any room other than a habitable room, and includes a bathroom, water closet compartment, laundry, pantry, foyer, lobby, hall, passageway, corridor, closet, stairway, storage room, furnace room, boiler room, or other accessory space used for service, maintenance or access within a building. Maintenance - Occupancy Standards 866 Orillia 866.14 April 2024 866.2.23 Occupant - defined "occupant" means any person or persons over the age of eighteen years in possession of the property. 866.2.24 Openable area - defined "openable area" means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. 866.2.25 Owner - defined "owner" includes: (a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would receive the rent if the land and premises 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 for the maintenance and occupancy of property. 866.2.26 Person - defined "person" includes an individual, a corporation, and its heirs, executors, administrators, or other representatives of a person to whom the context can apply according to law. 866.2.27 Property - defined "property" means a building or accessory building, or part of a building or accessory building, and includes the lands and premises appurtenant thereto and all mobile structures, mobile buildings, mobile homes, outbuildings, fences, retaining walls, swimming pools, hot tubs, wading pools, artificial ponds, and erections thereon, whether heretofore or hereafter erected, and also includes vacant property. 866.2.28 Property Standards Officer - defined "Property Standards Officer" shall mean a Property Standards Officer who has been appointed by by-law to administer and enforce this Chapter. 866.2.29 Quorum - defined "quorum" means a majority of the members of the Committee pursuant to section 15.6(5) of the Building Code Act. 866.2.30 Recreational equipment - defined "recreational equipment" has the same meaning as provided in the City's Zoning By- law. Maintenance - Occupancy Standards 866 Orillia 866.15 April 2024 866.2.31 Repair - defined "repair" includes the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established in this Chapter. 866.2.32 Retaining wall - defined "retaining wall" means a structure that holds back soil or loose material at locations where a change in ground elevation occurs. 866.2.33 Safe condition - defined "safe condition" means a condition that does not pose or constitute an undue or unreasonable hazard or risk of life, limb or health of any person on or about the property, and includes a structurally sound condition. 866.2.34 Seized - defined "seized" means a member of the Committee has heard previous evidence regarding an appeal and the matter has been deferred to a future hearing date. 866.2.35 Sewage - defined "sewage" means water-carried waste, together with such ground, surface and storm waters as may be present. 866.2.36 Sewage system - defined "sewage system" means the City's system of storm sewers, sanitary sewers and combined sewers, or a private sewage disposal system approved by the City's Chief Building Official or designate, or Medical Officer of Health. 866.2.37 Sign - defined "sign" means any device or notice, including its framework, lighting, and other component parts, which is used or capable of being used to identify, describe, illustrate, advertise, or direct attention to any person, business, service, commodity or use. 866.2.38 Structure - defined "structure" means anything constructed either permanent or temporary, the use of which requires location on or an attachment to something having location on the ground. 866.2.39 Unsafe condition - defined "unsafe condition" means any condition that poses or constitutes an undue or unreasonable hazard or risk to life, limb or health of any person on or about the property. 866.2.40 Vacant building - defined "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: Maintenance - Occupancy Standards 866 Orillia 866.16 April 2024 (a) a dwelling unit occupied by the owner on a seasonal basis but otherwise maintained throughout the year; (b) a building or accessory building on property used for farming purposes, except a dwelling unit. 866.2.41 Vacant property - defined "vacant property" means a property that does not have a building or accessory building. 866.2.42 Waste - defined "waste" includes any debris, rubbish, refuse, sewage, effluent, garbage, brush, ashes, litter, wrappings, salvage, animal carcasses, vehicle parts, discarded material or things, broken or dismantled things, or materials or things exposed to the elements, deteriorating or decaying on a property. Article 3 Exterior Property Areas - General Requirements 866.3.1 Property - weeds - waste - maintained - clean - safe condition Exterior property areas shall be kept in a neat and tidy condition, and free from: (a) waste; (b) injurious insects, termites, rodents, vermin and other pests and any condition that may promote an infestation, and any method used for extermination shall be in accordance with the provisions of the Pesticides Act, R.S.O. 1990, c.P-11 and all regulations passed pursuant thereto; (c) dead, decayed, or damaged trees, or other natural growth and the branches and limbs thereof which create an unsafe condition; (d) wrecked, dismantled, derelict, inoperative, or an unlicensed vehicle or trailer, and any component parts thereof, except on a property licensed or authorized to conduct and operate such a business in accordance with any other by-laws of the City; (e) wrecked, dismantled, derelict, or inoperative boat and any component parts thereof, except on a property licensed or authorized to conduct and operate such a business; (f) machinery or any parts thereof, or other objects parts thereof, or accumulations of material or conditions that create an unsafe condition; (g) dilapidated or collapsed building or accessory building and any unprotected well or other unsafe condition; Maintenance - Occupancy Standards 866 Orillia 866.17 April 2024 (h) stagnant water, except within naturally occurring bodies of water such as a pond or wetland; (i) firewood, except if stored in neat orderly piles. 866.3.2 Ground cover - suitable - prevention of erosion Suitable ground cover shall be provided to prevent erosion of the soil. 866.3.3 Abandoned well - septic - safe An abandoned or unused well, septic tank or a hole on a property shall be filled or safely covered and protected. Article 4 Drainage 866.4.1 Ponding - prevented - grading Exterior property areas shall be graded and maintained in such a manner as to prevent the excessive ponding of storm water thereon. All grading and ground cover shall also comply with all other applicable laws including the City's Zoning By-law and Chapter 373 of the City's Municipal Code - Site Alteration. 866.4.2 Storm water run-off - contained The storm water run-off from all downspouts of impervious surfaces 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. 866.4.3 Roof drainage - sidewalks - neighbouring property - other - prohibited Roof drainage, storm water, swimming pool, or sump pump discharge shall not be directed or directly discharged onto an entranceway, walkway, sidewalk, stair, step, highway, neighbouring property, or into a basement or cellar. This provision does not apply to roof drainage, storm water, swimming pool, or sump pump discharge that is directed or directly discharged onto any property with the City's approval or agreement. Article 5 Retaining Walls 866.5.1 Retaining wall - in good repair A retaining wall shall be maintained in good repair and free from accident hazards. 866.5.2 Retaining wall - maintenance Without restricting the generality of section 866.5.1, the maintenance of a retaining wall may include: (a) redesigning, repairing or replacing all deteriorated, damaged, misaligned or missing portions of the wall, or railings and guards appurtenant thereto; Maintenance - Occupancy Standards 866 Orillia 866.18 April 2024 (b) installing subsoil drains where required to maintain the stability of the retaining wall; (c) grouting masonry cracks; (d) applying a coat of paint or equivalent preservative to all metal or wooden exposed components. Article 6 Fences 866.6.1 Fence - structurally sound - maintained A fence shall: (a) be in a structurally sound condition and plumb, unless specifically designed to be other than vertical; (b) be maintained in a good state of repair and free of accident hazards. 866.6.2 Fence - paint - treated Without restricting the generality of section 866.6.1, the maintenance of a fence may include protecting by paint, treated with a preservative or other weather resistant material unless the aesthetic characteristics of the fence are enhanced by the lack of such treatment. Article 7 Lighting Standards and Fixtures - Interior and Exterior 866.7.1 Lighting - fixtures - maintained Adequate lighting standards and fixtures shall be maintained so that the work or operations normally carried out in an area, or the use of an area, can be undertaken in safety and to provide safe passage. Without limiting the generality of the foregoing, every exterior exit, entrance doorway, bathroom, toilet room, kitchen, hall, basement, laundry room, furnace room, bedroom, livingroom, garage, and stairway which is not otherwise lighted shall have at least one permanently installed lighting fixture. 866.7.2 Lighting - fixtures - safe Lighting standards and fixtures shall be kept in a safe condition, and in good working order. 866.7.3 Lighting - neighbours - barrier - deflecting Lighting shall be buffered from neighbouring property by the provision and maintenance of a barrier or deflector to prevent lighting from shining directly into a dwelling unit. Maintenance - Occupancy Standards 866 Orillia 866.19 April 2024 Article 8 Walkways, Driveways, Ramps, Parking Areas and Landings 866.8.1 Safe passage - maintained - all areas A walkway, driveway, ramp, parking area, steps, and landings shall be promptly cleared of snow and ice and appropriate measures shall be taken to minimize the risk of persons slipping or vehicles skidding on an icy surface. This section does not apply to a dwelling that is not being used or occupied by a seasonal resident. 866.8.2 Driveways - maintained - safe An area used for vehicle traffic and/or parking shall be maintained in good state of repair and safe condition. 866.8.3 Parking - driveways - walkways - free of objects - safe A parking area, driveway, walkway and other similar public access areas of an exterior property area shall be kept free from objects or conditions that may create an unsafe condition. 866.8.4 Parking - driveways - walkways - free from dust A parking area, driveway, walkway and other similar public access areas of an exterior property area shall be maintained and/or treated to prevent the raising of dust. 866.8.5 Snow storage - maintained An owner shall cause any snow disposal site or snow storage site on a property to be maintained so as not to cause a hazard on the property. Article 9 Buildings and Accessory Buildings 866.9.1 Building - accessory - maintained - safe Every part of a building or accessory building shall be maintained in good repair and in a safe condition so as to: (a) be capable of sustaining safely its own weight, and any additional load to which it may normally be subjected to; (b) be capable of safely accommodating all normal structural movements without damage, decay or deterioration; (c) prevent the entry of moisture that would contribute to damage, fungus growth, decay or deterioration; (d) be capable of safely and adequately performing its function subject to all reasonable serviceability requirements. Maintenance - Occupancy Standards 866 Orillia 866.20 April 2024 866.9.2 Repairs - unsafe conditions The abating of an unsafe condition may include: (a) the provision or repair of stairs, balustrades, railings, guards and screens so as to minimize the risk of accident; (b) the elimination of other conditions which, in themselves are a hazard to life or which risk serious injury to persons normally in or about the subject building, accessory building, room, suite of rooms or space; (c) the installation of a handrail in conjunction with every set of exterior stairs containing three (3) or more risers and such handrail shall be adequately secured and maintained in a good state of repair; (d) the installation of a handrail in conjunction with every set of interior stairs containing two (2) or more risers and such handrail shall be adequately secured and maintained in a good state of repair. Article 10 Health and Refuse 866.10.1 Buildings - mould - waste Every building and accessory building shall be kept free of mould, waste, and any condition that may promote an infestation. 866.10.2 Rodents - vermin - insects - extermination Every building and accessory building shall be kept free of pests such as rodents, vermin, termites, and injurious insects, and appropriate measures shall be taken to prevent their re-entry to a building or accessory building. Any method used for extermination shall be in accordance with the provisions of the Pesticides Act, R.S.O. 1990, c.P-11 and all regulations passed pursuant thereto. 866.10.3 Waste - receptacles Every building and accessory building shall be provided with sufficient proper receptacles to contain all waste which accumulates on the property. 866.10.4 Receptacles - acceptable - watertight - clean - covered A receptacle for waste shall be: (a) made of watertight construction; (b) provided with a tight fitting cover, which may be removed only when the receptacle is empty or is being actively loaded; (c) maintained in good working condition and order without holes or spillage; and Maintenance - Occupancy Standards 866 Orillia 866.21 April 2024 (d) emptied, rinsed, cleaned, and disinfected as necessary so as to maintain a clean and odour free condition. 866.10.5 Garbage - collection rooms - clean - maintained Garbage chutes, disposal and collection rooms shall be: (a) emptied, washed down, and disinfected as necessary so as to maintain a clean and odour free condition; and (b) maintained in good working order. Article 11 Compost 866.11.1 Compost - maintained - size Compost on a property shall be maintained in a composter or an open compost pile that is not larger than 2.0 square metres (21.5 square feet) in area and 1.0 metre (39 inches) in height. 866.11.2 Composter - open compost - property line A composter or an open compost pile shall be at least 0.5 metres from a property line. 866.11.3 Compost - odour free - free of pests A container, composter, or an open compost pile shall be maintained in an odour free condition and kept free of pests, such as rodents, vermin, termites and injurious insects and any condition that may promote an infestation. 866.11.4 Open Compost - paper towels - bones - branches - other - prohibited An open compost pile shall be kept free of the following compost: paper towels, tissues, meat, bone, hedge trimmings, branches, and compostable tableware, containers, and packaging. Article 12 Heating, Heating Systems, Chimneys, Vents and Fuel Burning Appliances 866.12.1 Suitable facilities - temperature - required Every building containing an occupied dwelling unit or habitable room shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 20 degrees Celsius between the 1st day of September of each year and the 15th day of June of the following year. A heating system shall be maintained in good working condition so as to be capable of safely heating the dwelling unit or habitable room to the required standard. 866.12.2 Portable heating equipment - permanent - prohibited No dwelling unit shall be equipped with portable heating equipment as a permanent source of heat. Maintenance - Occupancy Standards 866 Orillia 866.22 April 2024 866.12.3 Chimneys - smoke stacks - flue-pipes - free from obstruction - maintained Chimneys, smoke or vent stacks, smoke-pipe, and flue-pipe, shall be maintained plumb and in good state of repair and shall be: (a) free from obstructions; (b) free from loose bricks, mortar and loose or broken capping; (c) free from loose or rusted stanchions, guy wires, braces and attachments; (d) free from any accident hazard; (e) free from the entrance of smoke or gases into a building or accessory building; (f) weather tight and free from leaks. Article 13 Air Conditioning 866.13.1 Air conditioner - prevention of condensation drainage - safe condition Where installed/provided, an air conditioner shall be equipped with adequate devices for the prevention of condensation drainage on to entrance areas, sidewalks or pathways and shall be maintained in a safe mechanical and electrical condition. 866.13.2 Air conditioner - anchored - safe Where installed/provided, an air conditioner shall be properly anchored so as to be kept in a safe condition. 866.13.3 Cooling water - drainage - regulations The discharge of cooling water from water-cooled equipment shall be made to a proper drainage system and shall be connected in accordance with all applicable government regulations. Article 14 Ventilation 866.14.1 Ventilation - all areas - safe Sufficient ventilation shall be provided to all areas of a building or an accessory building including a basement, attic, and unheated crawlspace so as to prevent accumulations of moisture, heat, dust, vapours, odours, carbon monoxide and other gases likely to create a potential unsafe condition or to become a nuisance. Maintenance - Occupancy Standards 866 Orillia 866.23 April 2024 866.14.2 Natural opening - artificial - kitchen - bathroom - required A kitchen, bathroom, shower room and toilet room shall be provided with adequate natural ventilation, or artificial means of ventilation which operates on a switch and discharges to the outside of the building. 866.14.3 Mechanical ventilation - maintained A system of mechanical ventilation shall be maintained in good working order. Article 15 Plumbing 866.15.1 Potable running water - required A dwelling unit shall be provided with an adequate supply of potable running water from the City's water supply system or from a private source approved by the Medical Officer of Health. 866.15.2 Hot water - cold water - supply - temperature - required A washbasin, bathtub or shower, and one kitchen sink in a dwelling unit shall be equipped with an adequate supply of hot and cold running water. All hot water shall be supplied at a minimum of 43 degrees Celsius and a maximum of 49 degrees Celsius. 866.15.3 Fixtures - clean A fixture shall be of such materials, construction and design as will ensure that the exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily accessible for cleansing and free from blemishes, cracks, stains or other defects that may harbor germs or impede thorough cleansing. 866.15.4 Plumbing - good working order - free from leaks - protection from freezing All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures shall be maintained in good working order free of leaks and defects, and all water pipes and appurtenances thereto shall be protected from freezing. 866.15.5 Plumbing - discharge - sewage system All plumbing fixtures in every building or accessory building shall discharge the water, liquids or sewage into drainage piping which shall be connected to a sewage system through water seal traps. 866.15.6 Sewage - discharge - approved sewage system All sewage shall be discharged into an approved sewage system. Article 16 Kitchen 866.16.1 Dwelling unit - kitchen - minimum requirements A dwelling unit shall contain a kitchen area equipped with: Maintenance - Occupancy Standards 866 Orillia 866.24 April 2024 (a) one sink surrounded by a surface that is impervious to grease and water; (b) a counter or work area covered with a material that is impervious to moisture and grease and is easily cleanable; and (c) a space provided for cooking and refrigeration appliances including suitable electrical or gas connections. 866.16.2 Cooking appliance - refrigeration - maintained - good working condition A cooking appliance and a refrigeration appliance shall be maintained in a good state of repair and operating condition. 866.16.3 Cooking surface - range - minimum clearance There shall be at least 750 millimetres of clear space above the range burners or elements, or 600 millimetres if protected by a hood fan or other non-combustible material. Article 17 Bathroom 866.17.1 Bathroom - requirements A dwelling unit shall contain a bathroom consisting of at least one fully operational toilet, washbasin, and a bathtub or shower. 866.17.2 Location - accessible - within building A bathroom and a toilet shall be located within and accessible from within the dwelling unit. 866.17.3 Privacy - provided - room enclosed All bathroom and toilet rooms shall be fully enclosed with permanent walls so as to provide privacy. 866.17.4 Shared facilities - entrance - common passageways Where a toilet or bathroom facility 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 said facility. 866.17.5 Shower walls - impervious material - maintained Every wall surrounding a shower shall be of impervious material and shall be maintained in a good state of repair. Maintenance - Occupancy Standards 866 Orillia 866.25 April 2024 Article 18 Floors 866.18.1 Floors - maintained - safe condition A floor shall be maintained so as to be free of all loose, warped, protruding, broken or rotted boards or other defects that may create an unsafe condition or surface. A defective floor shall be repaired or replaced. 866.18.2 Unsafe flooring - repair - replace Where a floor covering has become worn or torn so that it retains dirt or may create an unsafe condition, the floor covering shall be repaired or replaced. 866.18.3 Water-resistant - floor material A bathroom, kitchen and shower room shall have a floor covering of water-resistant material and be capable of being cleaned. Article 19 Electrical Service 866.19.1 Wiring - connected - approved supply system A dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 866.19.2 Circuits - supply - adequate The capacity of the connection to a building or accessory building and the system of circuits distributing the electrical supply of the building or accessory building shall be adequate for the use and intended use. 866.19.3 Electrical equipment - other - maintained - conformity Electrical wiring, cords, circuits, fuses, circuit breakers, electrical equipment and electrical heating systems shall be maintained in good working order, free from fire and accident hazards, and in conformity with the Ontario Electrical Safety Authority. Article 20 Disconnected Utilities 866.20.1 Disconnected utilities - prohibited An owner of a residential building or any person acting on behalf of such owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, or water to a dwelling unit and habitable room occupied by a tenant or lessee, except for such reasonable period of time as may be necessary for the purpose of repairing, replacing or otherwise altering said service or utility. Maintenance - Occupancy Standards 866 Orillia 866.26 April 2024 Article 21 Foundations 866.21.1 Foundation - maintained - safe condition A foundation of a building or an accessory building shall be maintained in a safe condition, and in a good state of repair so as to prevent settlement detrimental to the appearance of the building or accessory building, or the entrance of moisture, vermin, termites, insects, rodents, or other animals into the building or accessory building. 866.21.2 Maintenance - foundation - repairs Without limiting the generality of section 866.21.1, the maintenance of a foundation may include: (a) the jacking-up, underpinning or shoring of the foundation where necessary; (b) the extension of footings and foundations below grade or regrading to provide adequate frost cover; (c) installing subsoil drains at the footing where such would be beneficial; (d) the grouting of masonry cracks; (e) waterproofing the wall and joints; (f) the carrying out of such other work as may be required to overcome any existing settlement detrimental to the appearance of the building or accessory building; (g) repairing or replacing decayed, damaged or weakened sills, piers, posts or other supports; (h) making sills, piers, posts or other supports insect-proof by the application of suitable materials; and (i) coating with a preservative. Article 22 Exterior Walls, Columns and Beams 866.22.1 Exterior Walls - components The components of an exterior wall of a building or an accessory building shall be maintained: (a) in good state of repair and in a safe condition; Maintenance - Occupancy Standards 866 Orillia 866.27 April 2024 (b) weather tight; (c) free from loose or unsecured objects or materials; (d) so as to prevent the entrance of insects, termites, vermin, rodents, or other animals; and (e) so as to prevent deterioration due to weather, insects, vermin, termites, rodents, or other animals. 866.22.2 Exterior wall - maintenance Without restricting the generality of section 866.22.1, the maintenance of an exterior wall of a building or an accessory building may include: (a) the applying of materials to preserve all exterior wood and metal work or other materials not inherently resistant to weathering; and (b) the restoring, repairing or replacing of: i) the wall; ii) the masonry units and mortar; iii) the stucco, shingles or other cladding; iv) the coping; and v) the flashing and waterproofing of the wall and joint. 866.22.3 Exterior columns - beams - maintained - safe condition Exterior columns and beams and any decorative trim shall be maintained in a good state of repair and in a safe condition. Where necessary, such columns, beams and trim shall be restored, repaired or replaced and suitably protected or treated against weathering, so as to prevent or remedy deterioration detrimental to the appearance of the building or accessory building. Article 23 Exterior Doors, Windows and Other Openings - Canopies - Marquees - Awnings 866.23.1 Exterior openings - windows - doors - weather tight - draft free Shutters, windows, doors, hatchways, skylights and other exterior openings in a building or an accessory building shall be kept weather tight, draft free, and in good state of repair and working order. 866.23.2 Windows - doors - painting - repair - refit - reglaze Without restricting the generality of section 866.23.1, the maintenance of a shutter, window, door, hatchway, skylight, and other exterior opening may include: (a) painting or the applying of a similarly effective preservative; Maintenance - Occupancy Standards 866 Orillia 866.28 April 2024 (b) the repair, replacement or renewing of damaged, decaying, missing or defective: i) doors; ii) door frames and casings; iii) windows and window sashes; iv) window frames and casings; v) shutters; vi) screens; (c) refitting doors, windows, shutters or screens; (d) reglazing or fitting with a translucent substitute; (e) using other approved means of weatherproofing where the opening is used or required for ventilation or illumination and is not protected by a window, door or similar closure: i) screening with wire mesh, metal grills or other equivalent durable material; or ii) other protection so as to effectively prevent the entry of insects, termites, rodents, vermin or other animals. 866.23.3 Windows - openable - screening A window in a dwelling unit that can be or is required by the standards to be openable shall be provided with screening to effectively prevent the entry of insects. 866.23.4 Windows - lockable A window that can be or is required by the standards to be openable shall have hardware so as to be capable of being locked or otherwise secured from inside the dwelling unit, and any hardware shall be maintained in a good state of repair and in an operating condition. 866.23.5 Exception - vacant buildings Nothing in this article shall be construed as preventing doors, windows and other openings in an unoccupied building or accessory building from being protected from damage or to prevent entry, for such time as determined by Article 33. Maintenance - Occupancy Standards 866 Orillia 866.29 April 2024 866.23.6 Canopy - marquee - awning - anchored - safe A canopy, marquee or awning shall be properly anchored so as to be kept in a safe condition and shall be protected from decay and rust by a periodic application of weather-coating material. 866.23.7 Exit - continuous - unobstructed A building shall have a safe, continuous and unobstructed passage from the interior to an exit or the outside of the building at street or grade level. 866.23.8 Doors - lockable A door that facilitates access to or egress from a dwelling unit shall be equipped with a lock, and such lock shall be maintained in a good state of repair and in an operating condition. Article 24 Exterior Stairs, Verandas, Porches, Decks, Loading Docks, Balconies and Fire Escapes 866.24.1 Stairs - veranda - porch - decks - fire escapes - maintained - compliance An exterior stair, veranda, porch, deck, loading dock, balcony, fire escapes and every appurtenance attached thereto shall be maintained, reconstructed or repaired so as to be safe to use and capable of supporting the loads to which it may be subjected, as specified in the Building Code Act, and shall be kept in safe condition and good state of repair, free of all accident hazards and other deterioration or objects detrimental to the appearance of the building or accessory building. 866.24.2 Repair - stairs - veranda - balcony - loading dock Without restricting the generality of section 866.24.1, the maintenance, reconstructing or repairing of an exterior stair, veranda, porch, deck, loading dock, balcony and fire escape may include: (a) repairing or replacing treads, risers or floors that show excessive wear or are broken, warped, loose or otherwise defective; (b) repairing, renewing or supporting, structural members that are rotted, deteriorated or loose; (c) providing, repairing or renewing guard rails, railings and balustrades; and (d) painting or the applying of an equivalent preservative. Maintenance - Occupancy Standards 866 Orillia 866.30 April 2024 Article 25 Roofs and Roof Structures 866.25.1 Roof - weather tight - free from unsecured objects - ice - safe A roof, roof deck, roof structures including fascia board, soffit, cornice, solar energy panels, wind generators and related guards of a building or accessory building shall be: (a) weather tight and free from leaks; (b) free from loose or unsecured or unsafe objects and materials; (c) free from accident hazards; (d) free from dangerous accumulation of ice and snow if located on a slippery surface; and (e) kept in a good state of repair and in a safe condition. 866.25.2 Roof - snow - ice removal Removal of snow, ice or sliding snow or ice from any roof of a building or accessory building shall not affect the adjacent property. 866.25.3 Eavestrough - roof gutters - downpipes - good working order An eavestrough, roof gutter and downpipe shall be kept: (a) in good repair; (b) in good working order; (c) watertight and free from leaks; (d) free from accident hazards; and (e) protected by painting or the applying of other equivalent preservative. Article 26 Exterior Maintenance 866.26.1 Exterior surfaces - protective finishes - maintained - refinished All exterior surfaces that have been previously painted, stained, varnished or which have received other similar protective finishes shall be maintained without visible deterioration from the original finish, or shall be suitably refinished by application of an equivalent preservative. Maintenance - Occupancy Standards 866 Orillia 866.31 April 2024 Article 27 Interior Windows, Doors, and Stairs 866.27.1 Interior windows - interior doors - clean - safe Interior windows, doors, and stairs shall be maintained: (a) in a clean and sanitary condition, reasonable for the normal use or occupancy of the room, passageway, enclosure or space; (b) in good working order and good state of repair, free from holes, loose, broken, warped, torn, damaged or decayed boards or materials; and (c) free from depressions, protrusions, deterioration or other defects which could create an unsafe condition or which are out of character with the normal use of the area in which such defect occurs. 866.27.2 Compliance - indoor windows - indoor doors Interior windows and doors shall also comply with the requirements of Article 23. 866.27.3 Garage door - tight-fitting - weather-stripped - self-closing A door between an attached or built-in garage and a dwelling unit shall be tight-fitting and weather-stripped to provide an effective barrier against the passage of gases and exhaust fumes and shall be fitted with a self-closing device. Article 28 Interior Structure - Columns and Beams 866.28.1 Interior structural components - maintained - adequate material for load A building and an accessory building and all structural components, including but not limited to all joists, beams, studding, and roof rafters, shall be maintained with material adequate for the load to which they are subjected to. Article 29 Walls - Ceilings 866.29.1 Interior walls - ceilings - maintained - safe Every interior surface and finish of walls and ceilings shall be maintained: (a) in good state of repair, a surface which is reasonably smooth, clean, tight and easily cleaned; (b) free of holes, cracks, loose plaster or other material; and (c) in a safe condition. Maintenance - Occupancy Standards 866 Orillia 866.32 April 2024 Article 30 Elevators 866.30.1 Elevator - escalator - operable An elevator, or escalator shall be operable. Article 31 Signs 866.31.1 Signs - maintained - safe A sign shall be maintained in a good state of repair, and in a safe condition. Article 32 Occupancy Standards 866.32.1 Use - unsafe condition - prohibited No person shall occupy a property if there is a condition which poses or constitutes an unsafe condition. 866.32.2 Use - non-habitable - as dwelling - prohibited No person shall use or permit the use of a non-habitable room for a habitable room purpose. Article 33 Vacant Property and Vacant Buildings 866.33.1 Vacant property - waste - clear of Vacant property shall be kept clear of all waste. 866.33.2 Vacant building - secured - prevent unauthorized entry A vacant building shall be secured against unauthorized entry. 866.33.3 Openings - maintained - requirements For the purposes of section 866.33.2, windows, doors, hatchways, skylights and other exterior openings through which entry may be obtained into a vacant building are required to be maintained so as to properly perform their intended function and closed and secured from unauthorized entry, or entry shall be prevented by closing and securing an opening with: (a) wood sheathing of at least 12.7 millimetres plywood (or equivalent product) which is weather resistant, completely covers the opening, and is securely fastened to the vacant building; or (b) metal sheathing which is weather resistant, completely covers the opening, where possible, is installed within the reveal of the exterior cladding, and is securely fastened to the vacant building; or Maintenance - Occupancy Standards 866 Orillia 866.33 April 2024 (c) brick or concrete block and mortar which completely covers the opening, and is securely fastened to the vacant building. 866.33.4 Openings - order - more secure option At any time where there are circumstances to support a more secure option to comply with section 866.33.3, the owner shall supply such more secure option as may be required by an order made pursuant to section 15.2 of the Building Code Act. Article 34 Administration and Enforcement 866.34.1 Property standards officer - administration - enforcement A Property Standards Officer is responsible for the administration and enforcement of this Chapter. 866.34.2 Inspection - without warrant - compliance A Property Standards 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: (a) whether the property conforms with the standards prescribed in this Chapter; or (b) whether an order made under this Chapter and the Building Code Act has been complied with. 866.34.3 Access - consent - warrant A Property Standards 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 Act; (b) a warrant issued under the Building Code Act 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) or 15.10 (3) of the Building Code Act; or (e) the requirements of section 866.34.4 are met and the entry is necessary to remove an unsafe condition under clause 15.9(6)(b) of the Building Code Act or to repair or demolish under section 15.4(1) of the Building Code Act. Maintenance - Occupancy Standards 866 Orillia 866.34 April 2024 866.34.4 Notice - entry Within a reasonable time before entering the room or place for a purpose described in section 866.34.3(e), the Property Standards Officer shall serve the occupant with notice of his or her intention to enter it. 866.34.5 Property standards officer - powers - Building Code Act A Property Standards Officer for the purposes of an inspection has all the powers as provided for in section 15.8(1) of the Building Code Act. 866.34.6 Fees - inspection The prescribed fee for an inspection shall be as set out in Chapter 490 of the City's Municipal Code - Inspection Fees. Article 35 Orders and Compliance 866.35.1 Compliance - required An owner of property shall comply with the standards and requirements prescribed in this Chapter. 866.35.2 Order - issued Every Property Standards Officer who finds that a property does not conform with any of the standards of this Chapter, may make an order pursuant to section 15.2 of the Building Code Act: (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 waste and left in a graded and levelled condition. 866.35.3 Order - compliance Every owner of property shall comply with an order made pursuant to this Chapter and the Building Code Act requiring compliance as confirmed or modified. If an order of a Property Standards 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 City may cause the property to be repaired or demolished accordingly. 866.35.4 Order - failure to comply Where any person fails to comply with an order issued, the City, by its employees, officers or agents 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. Maintenance - Occupancy Standards 866 Orillia 866.35 April 2024 Article 36 Appeal of Order 866.36.1 Order - appeal An owner who has been served with an order made under this Chapter and Building Code Act 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. 866.36.2 Order - appeal - fee All notices of appeal shall be accompanied by a non-refundable fee for an appeal as set out in Chapter 450 of the City's Municipal Code - User Fees - Development Services and Engineering. 866.36.3 Order - confirmed An order that is not appealed within the time referred to in section 866.36.1 shall be deemed to be confirmed. 866.36.4 Appeal - Superior Court of Justice - notification The City 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 in writing and by applying to the court within 14 days after a copy of the decision is sent. 866.36.5 Appeal hearing 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. 866.36.6 Appeal - judge - committee On the appeal, the judge has the same powers and functions as the Committee. 866.36.7 Owner - work to be done An order that is deemed to be confirmed under section 866.36.3 or that is confirmed or modified by the Committee under section 9.2 of Schedule "A", or a judge under section 866.36.6, 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. Article 37 Power of City to Repair and Demolish 866.37.1 Municipality - work to be done 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 City in accordance with section 15.4 of the Building Code Act may cause the property to be repaired or demolished accordingly. Maintenance - Occupancy Standards 866 Orillia 866.36 April 2024 866.37.2 Municipality - recovery of costs Where an order is not complied with and the City has caused the property to be repaired or demolished, the City has priority lien status in accordance with section 1 of the Municipal Act, 2001, 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 City and may be collected in the same manner as taxes on the property. Article 38 Emergency Orders 866.38.1 Emergency orders - immediate remedy If upon inspection of a property, a Property Standards Officer is satisfied that there is non-conformity with the standards prescribed in this Chapter to such extent as to pose an immediate danger to the health or safety of any person, the Property Standards Officer may make an order in accordance with section 15.7 of the Building Code Act containing particulars of the non-conformity and requiring remedial repairs or other work to be carried out immediately to terminate the danger. Article 39 Certificate of Compliance 866.39.1 Certificate - compliance After inspecting a property, a Property Standards Officer who is of the opinion that the property is in compliance with the standards established in this Chapter, may issue a certificate of compliance to the owner. 866.39.2 Certificate - fees The prescribed fee set out in Chapter 454 of the City's Municipal Code - User Fees - Property Services shall be payable prior to the issuance of a certificate of compliance where it is issued at the request of the owner. Article 40 Penalty 866.40.1 Penalty - failure to comply Every owner who fails to comply with an order, as confirmed, any other order, a direction or a requirement made under this Chapter is guilty of an offence under section 36(1) of the Building Code Act and is liable to a penalty or penalties as set out in section 36 of the Building Code Act. Article 41 Property Standards Committee 866.41.1 Property standards committee A Committee is hereby established in accordance with the Building Code Act. Maintenance - Occupancy Standards 866 Orillia 866.37 April 2024 866.41.2 Committee - members The appointed members of the Committee of Adjustment shall be deemed to be the members of the Property Standards Committee. 866.41.3 Composition The Committee shall be composed of: (a) three members who are not members of Council. (b) notwithstanding section 866.41.3(a) Council may appoint an additional member or members who are members of Council to the Committee as members, to act in the event that an initial member or members would be disabled from participating in an appeal by reason of a conflict of interest, or otherwise, such that the remaining initial members are not of sufficient number to constitute a quorum. 866.41.4 Qualifications Each member appointed to the Committee must be qualified to be elected a member of Council and must continue to be so qualified during the term of his or her appointment, or he or she shall be deemed to have resigned. 866.41.5 Term Each member of the Committee shall be appointed for a term expiring with the term of the Council that appointed the member, but the member shall be eligible to be reappointed for one additional term only. 866.41.6 Members - successors Notwithstanding section 866.41.5, members of the Committee shall hold office until their successors are appointed by Council. 866.41.7 Members - appeals - disposal of Notwithstanding sections 866.41.5 and 866.41.6, members of the Committee sitting at the time of the end of a Council term shall continue to sit, if seized with an appeal, until the appeal has been disposed of. 866.41.8 Consecutive terms - maximum two The members of the Committee may serve a maximum of two consecutive full terms, although it shall be possible for a member to serve in excess of two consecutive terms if the initial appointment was not for a full term or was to complete the term of a member who has resigned or been terminated. 866.41.9 Reappointment - absence from - term of Council Notwithstanding section 866.41.8, a person shall be eligible to be reappointed a member of the Committee after an absence equal to one full term of Council from the Committee. Maintenance - Occupancy Standards 866 Orillia 866.38 April 2024 866.41.10 Rules of procedure The Committee shall follow the Rules of Procedure as set out in Schedule "A" of this Chapter. Article 42 Interpretation, Validity, and Transition 866.42.1 Words - plural - singular In this Chapter, words used in the present tense include the future, words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural includes the singular, as applicable, unless used with a number modifying them. 866.42.2 Headings - convenience only Headings are inserted for convenience of reference purposes only, form no part of this Chapter and shall not affect in any way the meaning or interpretation of the provisions of this Chapter. 866.42.3 Amended references Any references to a statute, regulation, by-law or other legislation or statutory instrument in this Chapter shall include such statute, regulation, by-law or other legislation or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor legislation thereto. 866.42.4 Schedules All schedules to this Chapter shall form part of this Chapter. 866.42.5 Conflict - Building Code Act prevails This Chapter shall be read as subject to the Building Code Act, and wherever the provisions of this Chapter conflict or are otherwise inconsistent with the provisions of the Building Code Act, the provisions of the Building Code Act shall prevail and shall be deemed to be incorporated in this Chapter. 866.42.6 Validity and severability If any provision of this Chapter is declared by a Court of competent jurisdiction to be invalid, illegal or ultra vires for any reason, all other provisions of this Chapter shall remain and continue in full force and effect and shall remain valid and binding. Article 43 Transitional Rules 866.43 Transition - previous chapters - continue until completed After the date of the passing this Chapter, the orders issued pursuant to Chapter 865 prior to the date of passing of this Chapter shall continue to apply until such time as the work required by such order has been completed or any enforcement proceedings with Maintenance - Occupancy Standards 866 Orillia 866.39 April 2024 respect to such order, including any demolition, clearance, or repair carried out by the City shall have been concluded. Article 44 Effective Date 866.44 Effective date This Chapter shall come into force and take effect as of the date of the final passing of the enabling by-law. Adopting By-law: By-law 2022-39, 4 April 2022. By-law Amendments: By-law 2023-101, 30 October 2023; By-law 2024-050, 22 April 2024. Maintenance - Occupancy Standards 866 Orillia 866.40 April 2024 Schedule "A" The Corporation of The City of Orillia Property Standards Committee Rules of Procedure __________ "Appeal" means an appeal to the Committee of an order issued pursuant to section 15.2 of the Building Code Act. "Appellant" means a person appealing an order issued pursuant to section 15.2 of the Building Code Act. "Appellant's Representative" means in respect of an appeal, a person authorized by an Appellant to represent the Appellant at the hearing. "Chair" means the elected Chair of the Committee. "City Representative" means in respect of an appeal, a person authorized under the Law Society Act to represent the City at the hearing. "conflict of interest" includes a pecuniary or non-pecuniary interest, actual, perceived or potential conflict, that could arise in relation to personal or financial matters, including but not limited to: (a) directorships or employment; (b) interests in business enterprises or professional practices; (c) share ownership or beneficial interests in trusts; (d) professional or personal associations with a person; (e) professional associations or relationships with other organizations; (f) personal associations with other groups or organizations; or (g) family relationships, including relatives. "hearing" means a hearing of the Committee. "parent" means a person who has demonstrated a settled intention to treat a child as a member of her or his family, whether or not that person is the natural parent of the child. Maintenance - Occupancy Standards 866 Orillia 866.41 April 2024 "party(ies)" includes the owner or occupant served with an order issued pursuant to section 15.2 of the Building Code Act and the City's Development Services and Engineering Department. "relative" includes any of the following persons: (a) spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage; (b) parent or legal guardian; (c) child, including a step-child and grandchild; (d) siblings and children of siblings; (e) aunt, uncle, niece and nephew; (f) in-laws, including mother, father, sister, brother, daughter and son; or (g) any person who lives with the person on a permanent basis. "Secretary" means the Secretary for the Committee. "Statutory Powers Procedure Act" means the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22. 1. Application 1.1 Applicability The provisions contained in Schedule "A" are enacted pursuant to section 15.6(8) of the Building Code Act and apply to every hearing, subject to the Statutory Powers Procedure Act, and any other legislation governing the Committee. 1.2 Statutory Power of Decision These Rules of Procedure apply to the Committee in the exercise of its statutory power of decision, as defined in the Statutory Powers Procedure Act. 1.3 Rules of Procedure - alternate Where a procedural matter is not addressed in Schedule "A", the rules set out in the Statutory Powers Procedure Act shall apply. 2. Meetings - Hearings - General 2.1 Meeting - hearing - schedule The Committee shall meet at the request of the Secretary for the purpose of a meeting or a hearing. Maintenance - Occupancy Standards 866 Orillia 866.42 April 2024 2.2 Meeting - location Meetings or hearings of the Committee shall be held at Orillia City Centre, 50 Andrew Street South, Orillia, or such other location as the Secretary deems advisable. Notwithstanding the foregoing, meetings or hearings may be conducted electronically unless directed otherwise by Council, in the following format: (a) The forum being used to host the electronic meeting or hearing shall permit all parties and any member of the public to participate fully in the meeting or hearing through technology that is readily available, including, but not limited to, computer, smart phone, cell phone and landline telephone; and (b) Conduct of the electronic meeting or hearing shall follow the format as set out in section 6. 2.3 Minutes - adoption The Committee shall review and adopt, with or without amendment, the minutes of a previous meeting at a subsequent meeting. Notwithstanding the foregoing, the final decision of the Committee with respect to a hearing shall not be amended. 2.4 Chair - election At the first meeting of the Committee's term, the members shall elect a Chair from among themselves. 2.5 Election - procedure The following procedure shall be followed for elections: (a) The Secretary chairs during the conduct of the election; (b) The floor is opened for nominations; (c) Candidates are nominated by a member stating "I nominate (name) for election to the position of Chair"; (d) A nomination does not require a seconder; (e) The Secretary will request acceptance of the nomination by stating "(name) has been nominated, is he/she willing to be nominated?"; (f) The Secretary will then ask three times if there are any other nominations; (g) The Secretary will then declare nominations closed; (h) The Secretary will call for a vote by a show of hands; Maintenance - Occupancy Standards 866 Orillia 866.43 April 2024 (i) If there is a tie, lots are drawn by choosing at random, a name "out of the hat"; (j) The Secretary shall declare the member elected; (k) The newly elected Chair assumes the office upon being declared elected. 2.6 Chair - absent When the Chair is absent, the Committee shall elect another member as Acting Chair. 2.7 Chair - to preside The Chair shall preside at every hearing and meeting of the Committee. 2.8 Chair - role The role of the Chair shall be to preside over hearings in an impartial manner; to demonstrate positive leadership and maintain decorum; to encourage participation and contributions by all members; and, to act as spokesperson and/or signing officer as required. 2.9 Secretary - to keep records The Secretary shall keep on file records of all official business of the Committee including records of all applications and minutes of all decisions respecting these applications. 2.10 Failure to comply with rule Where a party to a hearing has not complied in full with any rule or procedural order, the Committee may: (a) adjourn the hearing until it is satisfied that such rule or order is complied with, or (b) take any other step as it considers just and reasonable. 2.11 Defect - not to invalidate hearing No hearing is invalid by reason only of a defect or other irregularity in form. 3. Appeal 3.1 Notice of Appeal - delivery All notices of appeal shall be sent by registered mail to: Secretary, Property Standards Committee The Corporation of the City of Orillia 50 Andrew Street South, Suite 300 Orillia, ON L3V 7T5 Maintenance - Occupancy Standards 866 Orillia 866.44 April 2024 3.2 Notice of Appeal - information required Where an Appellant submits a notice of appeal and requests a hearing before the Committee, the request for a hearing shall include: (a) the address of the property subject to the order; (b) a statement setting out the grounds and/or reasons for the appeal; (c) the name, address, telephone number and, where available, email address and facsimile number of the Appellant, and any person authorized by an Appellant to represent the Appellant if applicable; (d) whether special services or accommodation are required for a person who has a visual or hearing impediment; and (e) payment for the non-refundable fee for an appeal as set out in Chapter 450 of the City's Municipal Code - User Fees - Development Services and Engineering. 3.3 Perfecting an appeal - disposition When a notice of appeal is received by the Secretary, the Secretary shall confirm that the notice was sent within the prescribed appeal period, in the appropriate manner as set out in the order, and that the fee for an appeal has been paid. Late notices, or notices that were not delivered by registered mail, or notices that were not accompanied by the fee for an appeal, are invalid and are disqualified. The Secretary shall notify the person filing the notice of appeal in writing that the notice was invalid. 4. Notice of Hearing 4.1 Hearing - time and place The Secretary shall set the time and place of a hearing after consulting with the parties. If a party to the hearing advises the Secretary of unavailability for that date, the Secretary, in consultation with the Chair, may set a later hearing date, however, in the event of repeated unavailability the Secretary may proceed to set a hearing date, despite the inconvenience to that party. 4.2 Hearing - notice of - general Notice of the hearing shall be sent by the Secretary in writing to all parties affected by the order at least fourteen (14) calendar days in advance of the hearing. A notice of the hearing shall include: (a) the time, place, and purpose of the hearing; and (b) a statement that, if the Appellant does not attend the hearing, the Committee may proceed in the absence of the Appellant and without further notice to the Appellant. Maintenance - Occupancy Standards 866 Orillia 866.45 April 2024 4.3 Hearing - notice of - electronic hearing In addition to the requirements set out in section 4.2, a notice of the hearing for an electronic hearing shall also clearly indicate: (a) that the hearing will be held electronically; and (b) The electronic link and call-in telephone number(s) required to join the electronic hearing and clear instructions for participating. 4.4 Hearing - re-schedule Once a date has been set for a hearing, it may only be re-scheduled in exceptional circumstances by notification from the Secretary. The Secretary shall set the time and place of the new hearing date after consulting with the parties and send out a new notice of the hearing. 4.5 Withdrawal - appeal Upon receipt of a withdrawal of appeal prior to the hearing date, notice of cancellation of the hearing shall be sent from the Secretary to all persons who received notice of the hearing. 4.6 Appellant - failure to attend hearing Where a notice of the hearing has been given and the Appellant does not attend at the hearing, the Committee may proceed in the absence of the Appellant and without further notice to the Appellant. 5. Exhibits 5.1 Exhibits - sufficient copies All parties to a hearing shall provide one copy of any document in an electronic format that is intended to be entered as an exhibit to the Secretary in advance of the hearing, however, the Secretary shall not provide any such document to the Committee members in advance of the hearing being held. 5.2 Exhibit - document - definition For the purposes of section 5.1, "document" includes a sound recording, videotape, file, photograph, map, plan survey, and any information recorded or stored by any means, and any expert reports to be relied upon and a copy of the curriculum vitae of the authors of any such expert reports. 5.3 Exhibits - identified Exhibits submitted during a hearing by either party shall be numbered by the Secretary. 6. Hearing 6.1 Hearings - open to public - exception A hearing shall be open to the public except where the Committee is of the opinion that: Maintenance - Occupancy Standards 866 Orillia 866.46 April 2024 (a) matters involving the public security may be disclosed; or (b) intimate financial or personal or other matters may be disclosed at the hearing of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public; in which case the Committee may hold the hearing, or portion thereof, in the absence of the public. 6.2 Recording of hearing No person shall take or attempt to take a photograph, motion picture, audio recording, or other record capable of producing visual or aural representations by electronic means or otherwise at a hearing before the Committee. This provision does not apply to the Secretary recording the hearing. 6.3 Verbatim reporter - arrange Any party may arrange for the attendance of a qualified verbatim reporter at his or her own expense for the purpose of recording all testimony and submissions during a hearing. 6.4 Transcript ordered by party - notice requirements If a party orders a transcript, the party must notify the Committee, and the other parties to the hearing, that it has done so, and the Committee shall receive a copy free of charge if the Committee requests a copy. The party must furnish the copy of the transcript to the Committee within three calendar days of the date of the party's receipt of the transcript. 6.5 Transcript ordered by Committee - notice requirements The Committee may at its own expense and, on notice to the parties, order a transcript from the qualified verbatim reporter without furnishing a copy of the transcript to the parties, however, in any such case the Committee will advise the parties that it has ordered the transcript. 6.6 Members - no unauthorized communication before hearing Individual members of the Committee holding a hearing shall not have taken part before the hearing, in any unauthorized communication, either directly or indirectly in relation to the subject matter of the hearing, with the Appellant or any party to the hearing. 6.7 Conflict of Interest - disclosure - member to leave Any member of the Committee that discloses a conflict of interest shall leave the hearing room for the duration of the subject appeal. In the event a hearing is held electronically pursuant to section 2.2, the member shall disconnect from the hearing for the duration of the subject appeal and will be invited to reconnect by the Secretary once the subject appeal has been disposed of. Maintenance - Occupancy Standards 866 Orillia 866.47 April 2024 6.8 Member - conduct All members of the Committee shall: (a) Abide by the Rules of Procedure, and the decision of the Chair; (b) Refrain from disturbing other members by any disruptive or distracting conduct, including interrupting a member who is speaking, or private conversations or electronic communications among members; (c) Refrain from the display of any behaviour which may be considered disruptive, inconsiderate, or disrespectful, or use profane or offensive words or insulting expressions; (d) Not speak until recognized by the Chair; (e) Remain in their seat and not make any noise or disturbance while a vote is being taken; and (f) Abide by Chapter 27 of the City's Municipal Code - Code of Conduct. 6.9 Disobedience - member ordered to leave If any member disobeys the Rules of Procedure or the decision of the Chair, he or she may be ordered by the Chair to leave their seat for that meeting or hearing as applicable. 6.10 Public - conduct (a) Attendees at a meeting or hearing shall maintain order and quiet and shall not display signs or placards, applaud, heckle or engage in telephone or other conversation or any behaviour which may be considered disruptive, inconsiderate, disrespectful or intimidating to others. (b) Any person who disrupts a meeting or hearing shall be asked by the Chair to stop the disruptive behaviour and if the person persists they shall be asked to leave the meeting or hearing. (c) If a person refuses to leave the meeting or hearing upon being requested to do so by the Chair, the Chair may recess the meeting or hearing and may direct the Secretary to seek the appropriate assistance in order to remove the person. (d) All cell phones and electronic devices shall be turned off or otherwise set to not emit any audible sound during a meeting or hearing. 6.11 Evidence - authenticity Where the Committee is satisfied as to its authenticity, a copy of a document or other thing may be admitted as evidence at a hearing. Maintenance - Occupancy Standards 866 Orillia 866.48 April 2024 6.12 Hearing - procedures A hearing shall be conducted in the following order: (a) The Chair shall call the hearing to order after confirming a quorum of the Committee and the Secretary is present. In the event of an electronic hearing pursuant to section 2.2, members of the Committee joining the hearing by electronic means shall count towards quorum; (b) If quorum is not achieved within thirty (30) minutes of the scheduled start time or the Secretary is not present during this time, all hearings are rescheduled and notice shall be sent as if it were the first notice of the hearing; (c) The Chair shall ask Committee members in attendance at the hearing for any declarations of a conflict of interest in any matter on the agenda; (d) The Chair shall ask that all electronic devices be turned off, except in the case of devices being used for a hearing being held electronically pursuant to section 2.2; (e) The Chair shall request interested parties to the appeal to identify themselves including any other persons who intend to give evidence on behalf of either party to the appeal; (f) If there are any preliminary matters with either party to be addressed, the Chair may entertain motions prior to commencing the hearing; (g) The Committee may decide which of the parties it wishes to hear from first, but it is customary that the City proceeds first; (h) The Chair shall explain to those in attendance at the hearing: i. the format of the hearing; ii. that the Committee will only be considering the compliance and non- compliance of a property with respect to the standards of this Chapter, and the time granted for compliance, and therefore all evidence should be restricted to these matters; and iii. that the hearing is not for determining the resolution of any landlord and tenant disputes. (i) The Secretary shall swear or affirm any witness before he or she provides evidence. Maintenance - Occupancy Standards 866 Orillia 866.49 April 2024 Presentation of the Property Standards Order (j) The Property Standards Officer shall be requested to present the order to comply, and related evidence. (k) A City Representative if present will examine the Property Standards Officer. (l) The Appellant, or if represented, the Appellant's Representative may cross-examine the Property Standards Officer. (m) A City Representative if present may re-examine the Property Standards Officer to clarify any evidence presented. (n) The Property Standards Officer may be questioned by members of the Committee through the Chair to clarify any evidence presented at any time. Other witnesses in support of Property Standards Order (o) After any cross-examination of the Property Standards Officer, the Committee may hear from anyone else who supports the confirmation of the order. If evidence is to be given by anyone other than the Property Standards Officer or a witness called by the City's Representative, preference of being heard will be given to those who identified themselves as "other interested persons" at the beginning of the hearing. (p) A City Representative if present will examine any other witness in support of the order. (q) The Appellant, or if represented, the Appellant's Representative may cross-examine any other witness giving evidence in support of the order. (r) A City Representative if present may re-examine any other witness giving evidence in support of the order to clarify any evidence presented. (s) The witness may be questioned by members of the Committee through the Chair to clarify any evidence presented at any time. Presentation of the Appeal (t) The Appellant, or if represented, the Appellant's Representative is requested to present evidence with respect to the appeal. (u) A City Representative if present may cross-examine the Appellant. Maintenance - Occupancy Standards 866 Orillia 866.50 April 2024 (v) The Appellant's Representative if present may re-examine the Appellant to clarify any evidence presented. (w) The Appellant may be questioned by members of the Committee through the Chair to clarify any evidence presented at any time. (x) When the presentation of the evidence of the Appellant is concluded, the Property Standards Officer may adduce proper reply evidence. Other Witnesses in Support of the Appeal (y) After the Appellant's presentation, the Committee may hear from anyone else who wishes to make representations that are relevant before the Committee in support of the appeal. If evidence is to be given by anyone other than the Appellant or a witness called by the Appellant, preference of being heard will be given to those who identified themselves as "other interested persons" at the beginning of the hearing. (z) The Appellant, or if represented, the Appellant's Representative will examine the witness in support of the Appeal. (aa) A City Representative if present may cross-examine the witness. (bb) The Appellant, or if represented, the Appellant's Representative may re- examine any other witness giving evidence in support of the Appeal to clarify any evidence presented. (cc) Any person giving evidence under section 6.12(y) are subject to questions at any time by the Committee through the Chair to clarify any evidence presented. (dd) After all of the evidence has been adduced by all parties to the hearing, the parties have the right to make closing statements. It is customary that the City proceeds first, however the Committee may rule otherwise. (ee) The Chair will ask the members of the Committee if they have any further questions. (ff) The Chair will then deem the hearing concluded, and the Chair will exclude the parties and observers to deliberate, and the Committee shall make a decision by simple majority. (gg) Once a decision is made, the Chair shall recall the parties and any observers and read the decision, unless the Committee has chosen to reserve its decision. Maintenance - Occupancy Standards 866 Orillia 866.51 April 2024 6.13 Disposition of proceeding without hearing Notwithstanding section 6.12, if the parties consent, the proceeding may be disposed of by a decision of the Committee given without a hearing. 6.14 Witness - examination and cross-examination of Unless the Rules of Procedure provide otherwise, witnesses at a hearing shall be examined orally and the examination may consist of direct examination, cross- examination and re-examination. 6.15 Witness - no undue harassment The Committee shall ensure there is no undue harassment of the witness as he or she is giving evidence and may disallow a question put to the witness that is vexatious or irrelevant to any matter that may be properly inquired into at the hearing. 6.16 Witness - recall of The Committee may recall a witness at any time during a hearing for the purpose of clarifying a point that has arisen since the witness has concluded his or her main presentation. 6.17 Making Decision on an Appeal - procedures (a) All members of the Committee present to hear an appeal must make a decision on the appeal unless they have disclosed a conflict of interest in the appeal at hand. (b) A decision concurred in by the majority of the members of the Committee shall constitute the decision of the Committee. (c) A minimum of three (3) members of the Committee are required for a decision to be made on the appeal. 7. Adjournment 7.1 Adjournment - on motion Once a date has been set for a hearing, it may not be adjourned except by order of the Committee upon its own motion or upon the motion of a party. 7.2 Adjournment - factors to be considered In deciding whether to grant an adjournment or not, the Committee may consider one or more of the following factors: (a) the sufficiency of the reasons given for the request to adjourn; (b) the timeliness of the request; (c) the resources of the Committee; Maintenance - Occupancy Standards 866 Orillia 866.52 April 2024 (d) the prejudice to the parties; (e) whether any adjournments have been granted previously; (f) the consent of the parties; and (g) any other relevant factor as determined by the Committee. 7.3 Adjournment - power to grant The Committee may grant adjournments on such terms and conditions as it considers just. 7.4 Adjournment - discretion of Committee The Committee may, in its sole discretion, refuse a request for adjournment even where the parties consent. 8. Disclosure 8.1 The Committee may, at any stage in a hearing, make such order as it considers just and necessary for: (a) the exchange of documents; (b) the exchange of witness statements; (c) the provision of particulars; and (d) any other form of disclosure. 8.2 Disclosure - exception Section 8.1 does not authorize the making of an order requiring disclosure of privileged information. 8.3 Failure to disclose If a party fails to comply with an order of the Committee made pursuant to section 8.1, the party may not refer to the document or thing or introduce the document or thing in evidence at the hearing without the consent of the Committee which may be on terms and conditions as the Committee considers just. 9. Committee Decision 9.1 Decision - may adjourn to private session Upon receiving all of the evidence, the Committee may meet privately to consider the evidence and make a decision, and upon their return make their decision known to the affected parties. Maintenance - Occupancy Standards 866 Orillia 866.53 April 2024 9.2 Decision - options On an appeal, the Committee has all the powers and functions of the Property Standards 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 this Chapter 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. 9.3 Decision - deferral of At the sole discretion of the Committee, a decision may be deferred to a later date for any of the following reasons: (a) to allow additional information or evidence to be provided, at the request of the Committee, from any party to the hearing; or (b) to reserve a decision to a later date pending further consideration by the Committee of the evidence submitted at the hearing at which time the decision can be provided in writing to all parties to the hearing. 9.4 Decision - signed by Chair The Chair shall sign the decision on behalf of all Committee members present at the hearing. The Chair shall sign the decision at the hearing, or in the event of an electronic hearing pursuant to section 2.2, as soon as possible thereafter. 9.5 Decision - service of The Secretary shall send the decision to the Appellant by registered mail, or by email to the appellant's last known email address. 9.6 Costs The Committee does not have the power to award costs of the hearing to a party. 10. Right to Appeal a Committee Decision 10.1 Appeal of Decision - Superior Court of Justice The City in which the property is situate or any owner or person affected by a decision may appeal to the Superior Court of Justice by notifying the Clerk of the City in writing and by applying to the court within 14 days after a copy of the decision is sent.