Property Standards By-law No. 2006-01 (Papineau-Cameron)
Papineau-Cameron, Ontario
· No. 2006-01
· adopted 2006-01-10
· summary & facts
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BY-LAW 2006-01
PROPERTY STANDARDS
THE CORPORATION OF THE TOWNSHIP OF
PAPINEAU-CAMERON
THE CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON
BY-LAW NO. ZOOG Ol
Being a by-law to provide standards for
the Maintenance and Occupancy of Property
in the Township of Papineau-Cameron
WHEREAS Section 15.1 (3) of the Building Code Act, S.O. 1992, c 23, and amendments
thereto, provides that a Council may pass By-laws for:
(1) Prescribing standards for the maintenance and occupancy of property within the
municipality or within any defined area or areas and for prohibiting the occupancy
or use of such property that does not conform to the standards;
(2) Requiring property that does not conform to the standards to be repaired and
maintained to conform with the standards or the site to be cleared of all buildings,
structures, debris or refuse and left in a graded and leveled condition.
AND WHEREAS the Official Plan Amendment # 1 of the East Nipissing Planning Board,
Section 2.7 , includes provisions relating to property conditions, and such Official Plan applies
to the Township of Papineau-Cameron;
NOW THEREFORE the municipal council of the Corporation of the Township of Papineau-
Cameron hereby enacts as follows.
Township of Papineau-Cameron
PROPERTY STANDARDS BY-LAW
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SECTION 1 - GENERAL
1.1
Short Title
This By-law may be cited as the “Property Standards By-law”,
SECTION 2 - DEFINITIONS
2.A
2.B
Accessory Building
Shall mean a building naturally or normally incidental, subordinate and
exclusively devoted to a main use, building or structure and located on the same
lot therewith.
Balustrade
Shall mean a protective barrier that acts as a guard around openings in floors or at
the open sides of stairs, landings, balconies, mezzanines, galleries, raised
walkways, or other locations to prevent accidental falls from one level to another;
such barrier may or may not have openings through it.
Basement
Shall mean that portion of a building between two floor levels which is partly
underground but which has at least one-half of its height from finished floor to
finished ceiling above the average level of ground adjacent to the exterior walls of
the building.
Bathroom
Shall mean a room containing at least a washbasin and toilet and bathtub or
shower, or two rooms which contain in total at least one washbasin and one toilet
and one bathtub or shower.
Boarding or Lodging House
Shall mean a building in which the owner or lessee provides not more than four
(4) guest rooms for accommodation, with or without meals, for monetary gain.
Building
Shall mean any structure used or intended for sheltering any use or occupancy.
The word “building” shall include the whole of such structure or part thereof and
shall include any building types as regulated by the Ontario Building Code.
Property Standards By-law
2 December 2, 2005
2.C
Cellar
Shall mean that portion of a building between two floor levels which is partly or
wholly underground but which has more than one-half of its height from finished
floor to finished ceiling below the average level of ground adjacent to the exterior
walls of the building.
Chief of Fire Department - means the Chief of the Volunteer Fire Department of
the Corporation of the Township of Papineau-Cameron
Commercial Property
Shall mean a property used for the sale of goods and/or services for the purposes
of this By-law shall include office buildings, public halls, licensed premises and
private clubs, and any building that is used in conjunction with these.
Committee
Shall mean the Property Standards Committee as established under this By-law.
Corporation
Shall mean the Corporation of the Township of Papineau-Cameron.
2.D
Dwelling
Shall mean a building occupied or capable of being occupied as the home or
residence of one or more persons, which shall not include a boarding house, hotel,
motel or similar commercial use of a private or semi-private institution.
Dwelling Unit
Shall mean one room or a group of rooms in one (1) building, used for residential
occupancy, housing food preparation and sanitary facilities and a private entrance
from the outside of the building or from a common hallway or stairway inside the
building.
Discarded Motor Vehicle means a vehicle which is unlicenced and/or a vehicle
which is in disrepair, having missing parts, including tires or damaged or missing
glass or deteriorated or removed metal adjunctions which make its normal use
impossible, save and except for any vehicles actively being restored.
2.F
Fire Resistance Rating
Shall mean the time in hours that a material construction or assembly will
withstand the passage of flame and transmission of heat when exposed to fire
under specified conditions of test and performance criteria as stated in the Ontario
Property Standards By-law 3 December 2, 2005
Building Code.
2.G
Graffiti
Shall mean one or more letters, symbols or marks, howsoever made, that disfigure
or deface a property or object, but does not include an authorized sign.
2.
Habitable Room
Shall mean a room commonly used for living purposes, including a bedroom and
a kitchen but not including any space in a dwelling used as a lobby, hallway,
closed, or bathroom or any room having floor space of less than 4.6 m? [49.5 ft.’].
2.1
Industrial Property
Shall mean a property used for the manufacturing and/or processing of goods or
used for the storage of goods or raw materials and any property that is used in
conjunction with these uses.
2L __ Land shall mean the land around or appurtenant to the whole or any part of a
premises and used or intended to be used, or capable of being used in connection
with the building.
2.M
Maintenance
Shall mean the preservation and keeping in repair of a property.
Means of Egress
Shall mean a continuous path of travel provided by a doorway, hallway, corridor,
exterior passageway, balcony, lobby, stair, ramp, window, or other egress facility
for the escape of persons from any point within a building, floor area, room or
contained open space to a public thoroughfare or approved open space and
includes exits or access to exists.
Multiple Dwelling
Shall mean a building containing two or more dwelling units, other than a semi-
detached dwelling.
Property Standards By-law 4 December 2, 2005
Multiple Use Building
Shall mean a building containing both a dwelling unit and a non-residential use.
2.N
Non-Habitable Space
Shall mean any space in a dwelling or dwelling unit other than a habitable room,
and includes any bathroom, toilet room, laundry, pantry, lobby, communicating
corridor, stairway, closet, boiler room or other space for service and maintenance
or common use, and for access to and vertical travel between storeys; and any
unfinished basement.
Non-Residential Property - a building or structure not occupied or capable of
being occupied in whole or in part for the purposed of human habitation and
includes those lands and premises appurtenant thereto.
2.0
Occupant
Shall mean any person or persons over the age of eighteen years in possession of
the property.
Occupancy
Shall mean the use or intended use of a building or part thereof for the shelter or
support of persons, animals or property.
Officer
Shall mean a property standards officer as may from time to time by Council be
assigned the responsibility of administering and enforcing this By-law.
Outdoor Storage shall mean the land used for the purposes of storing builder’s
supplies or materials salvaged from any demolition of a building either for storage
or salvage for reuse or sale or the storing of any other industrial commercial
goods, wares or merchandise.
Owner
Shall mean the person for the time being paying the municipal taxes or managing
or receiving the rent of the land or premises in connection with which the word is
used whether on his own account or as agent or trustee of any other person or who
would so receive the rent if such land and premises were let, and shall also include
a lessee or occupant of the property who, under the terms of a lease, is required to
repair and maintain the property in accordance with the standards for the
maintenance and occupancy of the property.
Property Standards By-law s) December 2, 2005
|
2.P |
Property
Shall mean a building or structure or part of a building or structure, and includes
the lands and premises appurtenant thereto and all mobile homes, mobile
buildings, mobile structures, outbuildings, fences and erections thereon whether
heretofore or hereafter erected and includes vacant property.
Public Building
Shall mean a building which is staffed by government personnel for the purpose
of servicing the public.
2.R
Repair |
Shall mean the provision of such facilities and the making of additions or |
alterations or the taking of such actions as may be required so that the property
shall conform to the standards established in this By-law. All repairs shall be
made in conformity to the Ontario Building Code, the Ontario Water Resources
Act, the Electrical Safety Code, the Fire Code the Environmental Protection Act,
the Elevating Devices Act and similar legislation.
Residential Property
Shall mean any property that is used or designed for use as a domestic
establishment in which one or more persons usually sleep and prepare and serve
meals, and includes any land or buildings that are appurtenant to such an
establishment.
Roomer or Lodger
Shall mean a person harboured, received or lodged, in a lodging house or boarding
house in return for compensation.
2.8
Sewage
Shall mean any liquid waste containing animal, vegetable or mineral matter in
suspension or solution, but does not include roof water or other storm runoff.
Sewage System
Shall mean the Township’s sanitary sewerage disposal system approved by the
Medical Officer’s of Health and/or the Ministry of the Environment or an
individual on-site sewage system approved under the Building Code Act or the
Environmental Protection Act.
Property Standards By-law 6 December 2, 2005
Standards
Shall mean the standards of physical conditions and occupancy set out in this By-
law.
2.T
Toilet Room
Shall mean a room containing a water closet and washbasin.
2U _ Unlicenced means the lack of a currently validated permit for the vehicle affixed
to a number plate displayed on a motor vehicle within the meaning of the Highway
Traffic Act, as amended.
2.W
Wall
Shall mean the solid vertical structure forming any one of the sides of a building
and/or a partition forming the side of a room.
Waste Material means any garbage, refuse, debris, litter, domestic waste and, for
greater certainty but not so as to restrict the generality of the forgoing, includes,
whether of any value or not, the following:
a) weighty or bulky materials such as stoves, refrigerators and other such
appliances, furniture, furnace parts, pipes, water or fuel tanks;
b) discarded motor vehicles, automotive parts, vehicle parts and accessories,
mechanical equipment, mechanical parts, unmounted tires, tires mounted on rims
and mechanical equipment.
c) broken concrete, broken asphalt, patio/sidewalk slabs, bricks, interlocking
bricks, unused building materials, pallets, rail road ties;
2.Y
Yard
Shall mean an open, uncovered space appurtenant to any property or any part of a
building or structure and used or intended to be used or capable of being used in
connection with said property.
Property Standards By-law 7 December 2, 2005
SECTION 3 - MAINTENANCE OF ACCESSORY BUILDINGS AND YARDS
3.1 Accessory Buildings, Fences and Other Structures
3.1.1 Accessory buildings, fences and other structures, including retaining walls
appurtenant to the property shall be maintained in a structurally sound
condition and in good repair and free from health, fire and accident
hazards.
3.1.2 Accessory buildings, fences and other structures shall be protected from
deterioration by the application and maintenance of weather resistant
materials (i.e. paint or other suitable preservative) or through the use of
maintenance free construction materials.
3.1.3 Despite Section 3.1.2, preservatives may be exempted where the aesthetic
characteristics of the building are specifically designed to be enhanced by
the lack of such materials and the standards in Section 3.1.1 are upheld.
3.1.4 Fences, approved enclosures and retaining walls around or on a property
shall be kept free from posters, signs, notices, advertising materials or
defacement or disfigurement. Fences and gates around swimming pools
shall also be maintained in accordance with Zoning By-law 2000-11. The
height and materials used in the construction or installation of fences shall
be in accordance with Zoning By-law 2000-11.
3.1.5 Accessory buildings, fences or structures shall be repaired or removed or
demolished in part or in whole where the offending part of the building is
not in accordance with the prescribed standards.
3.2 Drainage
3.2.1 No person shall maintain or change the grade, swales, open ditches or
other drainage features on a property so as to cause recurrent or excessive
ponding or the entrance of water into a basement or cellar.
3.2.2 All stormwater facilities on a property or serving a property shall be
maintained in working order and free of blockages that might impede
drainage.
3.2.3. No natural soil, topsoil, road gravel, salt or other fill material shall be
permitted to erode by the action of wind or stormwater runoff if such
material is being carried onto adjacent property or into a lake, stream,
ditch or water course.
Property Standards By-law 8 December 2, 2005
3.3
3.2.4 No roof drainage or sump pump shall be discharged on sidewalks, stairs of
the premises or onto neighbouring property.
Garbage Disposal
3.3.1 Garbage, rubbish and other debris from a property shall be promptly stored
in receptacles and made available for removal.
3.3.2 Every garbage and refuse receptacle shall be constructed of watertight
material, provided with a tight fitting cover and shall be maintained in a
clean and odour free condition at all times. Where an exterior bulk or roll-
off container refuse system is used, it shall be equipped with covers or
similar devises which shall be readily openable, but not left open when
actively being loaded or emptied, shall be large enough for the
containment of all refuse generated between collections by the occupants
served and shall not be loaded beyond the top of the container. Despite this
provision, the temporary storage of waste materials from the demolition,
repair or alteration of a building or part thereof may be placed on the
property or in a designated dumpster, provided it is remove frequently and
in its entirety from the property and provided it does not cause a risk to
public health or safety.
3.3.3, Where private containerized garbage pickup is provided, such containers
shall be placed behind the building line and kept in a neat and tidy
condition.
3.3.4 Garbage of an inflamable, toxic or hazardous nature shall be stored safely
or removed immediately from the property unless otherwise authorized
under a valid Certificate of Approval issued by the Ministry of the
Environment.
3.3.5 Every residential property shall be maintained in a clean, sanitary and safe
condition and shall dispose of garbage and debris on a regular basis.
3.3.6 The occupant of a residential property may provide for a compost pile,
provided that the compost pile is no larger than 1 m? [10.76 ft] in area
and no higher than 1.8 m [5.9 ft.] in height and is enclosed on all sides by
concrete block or lumber or other suitable materials or stored within a
commercially manufactured plastic container designed for composting,
either of which is maintained in a condition to prevent undue odours or
vermin.
Property Standards By-law
9 December 2, 2005
3.4 Safe Passage for Parking Areas, Walks and Driveways
3.4.1
3.4.2
Steps, walks, walkways and driveways shall be maintained so as to afford
safe passage under normal use and weather conditions be it in any season
or during the day or night
All areas used for vehicular traffic and parking shall have a surface of
asphalt, concrete, interlocking stone or compacted stone or gravel and
shall be kept in a safe condition for vehicular or pedestrian traffic.
3.5 Sewage
3.5.1
3.5.2
35.3
Sewage or organic waste shall only be discharged into a sewage system
approved under the Building Code Act or the Environmental Protection
Act.
Sewage of any kind shall not be discharged onto the surface of the ground,
whether into a natural or artificial surface drainage system or otherwise.
All septic tanks shall be maintained in proper working order and shall be
pumped out on a regular basis in accordance with the occupancy of the
building or dwelling.
3.6 Yards and Vegetation
3.6.1
All yards, including vacant lots, shall be kept clean and free from:
1, Garbage, rubble, litter, waste, construction materials or other
debris that constitutes an unsafe condition or public health concern.
2. Noxious plants as defined in the Weed Control Act such as
ragweed, poison ivy, poison oak, poison sumac or similar noxious
vegetation.
3. Heavy growth or undergrowth and excessive growth of grass or
weeds. Within the Township of Papineau-Cameron, grass on lawns
or boulevards or landscaped areas on any lot including a vacant lot
shall be maintained in a trimmed, mowed or cut condition with a
height not to exceed of 20.2 cm [8 inches] and shall be kept free of
weeds and noxious plants. Hedges and bushes shall be kept
trimmed to a suitable height and shall not be overgrown or
unsightly. A yard which is cultivated to permit natural uncut
grasses (i.e. vetch) and alternative gardening or landscaping
methods may be permitted at the discretion of the Chief Property
Standards Officer.
Property Standards By-law
10 December 2, 2005
4. Dead, decaying or damaged trees or other natural growth which
create an unsafe condition, fire hazard or public health concern.
5, Holes, pits or trenches, ditches which create an unsafe condition.
Holes and excavations which are necessary for or part of a use
lawfully situated on private property shall be kept in a safe
condition and where necessary for safety reasons, shall be
barricaded or fenced.
6. Any vehicle, including a trailer, boat, snowmobile, recreational
vehicle, machinery or part thereof or junk which is in a wrecked,
discarded, dismantled, inoperative or abandoned condition, except:
A. in an establishment licensed or authorized to conduct and
operate such a repair or restoration or resale business;
B. for an occupant of any premises who is repairing or
restoring a vehicle or equipment for personal use provided
such repair or restoration is actively carried on;
C. for a farmer who is actively trying to sell or dispose of farm
vehicles or equipment; or
D. for historic vehicles or other vehicles or equipment which
are stored inside an enclosed building and are being
repaired, restored or conserved for personal use.
a Dilapidated, collapsed or partially constructed structures where not
covered by a currently valid building or demolition permit.
3.6.2 Section 3.6.1.3 shall not apply to any property in the Agricultural (A)
Zone, Rural (R) Zone, Open Space (OS) Zone or Environmental
Protection (EP) Zone as provided for in By-lawoel! the Zoning By-law,
unless the property is used exclusively for residential purposes.
SECTION 4 Fire Damage and Demolition
4.1.1 Inthe event of a fire, measures shall be taken as soon as possible to make
the damaged building safe and compatible with the surrounding
environment through such measures as:
1s Cleaning any smoke or water damaged surfaces exposed to view
2. Refinishing such exposed surfaces so that they are in harmony with
adjoining undamaged surfaces and the general environment.
3. Repairing of fire damaged surfaces.
In the event a building is destroyed beyond the point of repair or
restoration, as a measure of public safety, the building shall be demolished
and removed forthwith from the site and the site shall be graded and
leveled. In the interim of any authorized repair or, restoration of a fire
Property Standards By-law 11 December 2, 2005
damage building or in the interim of the demolition and/or removal, the
site and/or building shall be secured to prevent access by the general
public.
4.2.2 Where a building or structure is being demolished, every precaution shall
be taken to protect any adjoining property and members of the public from
accident hazards. Such precautions shall include the erection of fences or
barricades and all other means of protection necessary in respect thereto.
4.3.3. No building shall be reoccupied which is deemed to be unsafe for human
occupancy.
SECTION 5 - OCCUPANCY STANDARDS FOR DWELLINGS
5.1. No person shall use or permit the use of a non-habitable room in a dwelling for a
habitable room purpose.
5.2 The maximum number of occupants in a dwelling or dwelling unit shall not
exceed one person per 9.4 m? [101.1 ft.?] of habitable room floor area.
5.3. For the purpose of computing the maximum number of occupants in subsection
6.2 any child under twelve years of age shall be deemed one-half person.
5.4 For the purpose of computing the habitable room floor area in subsection 6.2 the
floor area under a ceiling which is less than 2.1 m [6.88 ft.] high shall not be
counted. Ifa finished ceiling is not applied to the underside of the joists, then the
area shall not be deemed as habitable room space.
5.5 No room in any dwelling shall be used for sleeping purposes unless there is a
minimum width of 2 m[6.56 ft.] and a minimum floor area of 7 m? [75.3 ft.7]. At
least one-half of the required minimum floor area shall have a ceiling height of 2.1
m [6.88 ft.] and no floor area with a ceiling height of less than 1.37 m [4.49 ft.]
shall be counted.
5.6 Any basement, or portion thereof, used as a dwelling unit shall conform to the
following requirements:
1. Each habitable room shall comply with all the requirements set out in this
By-law.
2. Floors and walls shall be constructed so as to be dampproofed and
impervious to water leakage.
4; Each habitable room shall be separated from the fuel fired heating unit or
other similarly hazardous equipment by a suitable fire separation and
Property Standards By-law 12 December 2, 2005
approved under the Ontario Building Code.
4, Access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room.
SECTION 6 - VACANT LANDS AND BUILDINGS
6.1 Vacant Lands
6.1.1 Vacant land shall be maintained to the standards as described in Section
3.6 of this By-law.
6.1.2 Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent or excessive ponding of water.
6.2 Vacant Buildings
6.2.1 Vacant buildings shall be kept cleared of garbage, rubble and debris and
shall have all water, electrical and gas services turned off except for those
services that are required for the security and maintenance of the building.
6.2.2 Every vacant building shall be boarded up to the satisfaction of the
Property Standards Officer by covering all openings through which entry
may be obtained with at least 12.7 mm [0.5 inch] weatherproof sheet
plywood in a color compatible with the surrounding walls and which is
securely fastened.
SECTION 7 SIGNS
7.1.1 All signs and billboards shall be maintained in good repair and any signs
which are excessively weathered or faded, or those upon which the paint
has excessively peeled or cracked shall, with their supporting members, be
removed or put into a good state of repair.
SECTION 8 - ADMINISTRATION
8.1 Application of By-law
8.1.1 This By-law shall apply to all property within the Township of Papineau-
Cameron and shall be enforced upon written and signed complaints, only.
8.1.2 Where a provision of this By-law conflicts with a provision of another By-
law in force in the Township, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public shall
Property Standards By-law 13 December 2, 2005
prevail.
8.1.3 Ifany section of this By-law is for any reason held to be invalid, the
remaining sections shall remain in effect until repealed.
8.2 Property Standards Officer and Property Standards Committee
8.2.1 This By-law shall be administered by a Property Standards Officer and a
Property Standards Committee of three ratepayers of the Township of
Papineau-Cameron appointed by Council who shall hold office for three
years provided that on the first appointment the members shall hold office
occurrent to the term of Council. .
8.2.2. The Committee shall appoint one of its members as Chairman and shall
appoint a secretary.
8.3 Inspection
8.3.1 The Property Standards Officer or any person acting under his instructions
may, at all reasonable times and upon producing proper identification, enter
and inspect any property to determine whether the property conforms with
the standards prescribed in this By-law, or whether an order has been
complied with.
8.3.2 The Property Standards Officer or any person acting under his instructions
shall not enter any room or place actually used as a dwelling unless:
ks The consent of the occupier is obtained, the occupier first having
been informed that he right of entry may be refused and entry made
only under the authority of a warrant issued under the Building
Code Act; a warrant issued under the Act is obtained;
2. The delay necessary to obtain a warrant or the consent of the
occupier would result in an immediate danger to the health or safety
of any person;
3. The entry is necessary to terminate a danger as determined under the
Building Code Act (Section 15.7(3));
4. The requirements for giving notice under Section 16.(1) of the
Building Code Act are met and the entry is necessary to remove a
building or restore a site or to remove an unsafe condition or to
repair or demolish.
Property Standards By-law 14 December 2, 2005
8.3.3. For the purposes of an inspection under the Building Code Act; an inspector
may:
1. Require the production for inspection of documents or things,
including drawings or specifications that may be relevant to the
building or part thereof;
2. Inspect and remove documents or things relevant to the building or
part thereof for the purpose of making copies or extracts;
Sy Require information from any person concerning a matter related to
a building or part thereof;
4. Be accompanied by a person who has special or expert knowledge
in relation to building or part thereof;
5. Alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs for the purposes of the inspection; and
6. Order any person to take and supply at that person's expense such
tests and samples as are specified in the order.
8.3.4 Inspection of Unsafe Buildings
Li An inspector may enter upon land and into buildings at any
reasonable time without a warrant for the purpose of inspecting a
building to determine whether the building is unsafe or whether an
order has been complied with.
2. A building is unsafe if the building is structurally inadequate or
faulty for the purpose for which it is used or in a condition that
could be hazardous to the health or safety of persons in the normal
use of the building, persons outside of the building or persons
whose access to the building has not been reasonably prevented.
3. In addition to the criteria set our in Section 8.3.4.2, a sewage
system is unsafe if it is not maintained or operated in accordance
with the Building Code Act and the Ontario- Building Code.
4. An inspector who finds that a building is unsafe may make an order
setting out the reasons why the building is unsafe and the remedial
steps necessary to render the building safe and may require he order
to be carried out within the time specified in the order. The order
shall be served on the owner and each person apparently in
possession of the building and such other person affected thereby as
the officer determines and a copy of the order may be posted on the
site of the building. If an order is not complied with within the time
Property Standards By-law 15 December 2, 2005
specified, or where no time is specified, within a reasonable time,
the officer may by order prohibit the use or occupancy of the
building and may cause the building to be renovated, repaired or
demolished to remove the unsafe condition or take such other action
as is considered necessary for the protection of the public.
5. Power of Entry: For the purposes of Section 8.3.4.4, an officer
may enter upon the land and into buildings at any reasonable time
without a warrant.
6. Municipal Lien: If the building is in a municipality, the
municipality shall have a lien on the land for the amount spent of
the renovation, repair, demolition or other action taken under
Section 8.3.4.4 and an amount shall be deemed to be municipal real
property taxes and may be added by the clerk of the municipality to
the collector's roll in the same manner and with the same priorities
as municipal real property taxes.
Ts Emergency Order: If upon inspection of a building an inspector is
satisfied that the building poses an immediate danger to the health
or safety of any person, the officer may make an order containing
particulars of the dangerous conditions and requiring remedial
repairs or other work to be carried out immediately to terminate the
danger. The order shall be served on the owner and each person
apparently in possess of the building and such other persons
affected thereby as the officer determines and a copy shall be posted
on the site of the building. After making the order, the officer may,
either before or after the order is served, take any measures
necessary to terminate the danger and for this purpose, the officer,
an inspector and their agents may at any time enter upon the land
and into the building in respect of which the order was made
without a warrant. If the order was not served before the measures
were taken to terminate the danger, the officer shall serve copies of
the order as soon as practicable after the measures have been taken
and each copy of the order shall have attached to it a statement by
the officer describing the measures taken and providing details of
the amount spent in taking the measures.
8.4 Order of Non-Conformity
8.4.1. When inspection by the Property Standards Officer reveals that a property
does not conform with the standards prescribed by this By-law, the Property
Standards Officer may make an order.
Property Standards By-law 16 December 2, 2005
8.5 Contents and Procedures for an Order of Non-Conformity
8.5.1 The order shall:
1. contain the municipal address or a legal description of the property;
2. give reasonable particulars of the repairs to be made or stating that
the site is to be cleared of all buildings, structures, debris or refuse
and left in a graded and leveled condition.
3. indicate the time for complying with the terms and conditions of the
order and giving notice that, if the repair or clearance is not carried
out within that time, the municipality may carry out the repair or
clearance at the owner's expense.
4, indicate the final date for giving notice of appeal from the order.
8.5.2 The order shall be served on the owner of the property and such other
persons affected by it as the officer determines and a copy of the order may
be posted on the property.
8.5.3. The order may be registered in the proper land registry office and, upon
such registration, any person acquiring any interest in the land subsequent
to the registration of the order shall be deemed to have been served with the
order on the day on which the order was served, and where the
requirements of the order have been satisfied, the clerk of the municipality
shall forthwith register in the proper land registry office a certificate that
such requirements have been satisfied, which shall operate as a discharge of
the order,
8.6 Appeal of an Order
8.6.1 An owner or occupant who has been served with an order 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 the order.
8.6.2 An order that is not appealed within the 14 day period specified shall be
deemed to be confirmed.
8.6.3 The committee shall hear an appeal. On appeal, the committee has all the
powers and functions of the officer who made the order and the committee
may do any of the following things, if in the committee's opinion, doing so
Property Standards By-law 17 December 2, 2005
would maintain the general intent and purpose of the by-law and official
plan:
L, Confirm, modify or rescind the order to demolish or repair.
2. Extend the time for complying with the order,
8.6.4 Appeal to Court
The municipality in which the property is situate or the owner or person
affected by a decision of the committee may appeal to the Superior Court of
Justice by notifying the clerk of the municipality in writing and by applying
to the court within 14 days after a copy of the decision is sent.
SECTION 9 - AUTHORITY
9.1. This By-law shall be read subject to the Building Code Act; as amended from time
to time, and whenever the provisions of this By-law conflict or are otherwise
inconsistent with the provisions of the Building Code Act, the provisions of the
Building Code Act shall be deemed to be incorporated into this By-law.
9.2 This By-law shall come into force on the date it is passed by the Council of the
Corporation of the Township of Papineau-Cameron.
Read a first time this 10th day of January, 2006.
Read a Second and Third time and finally passed this 10" day of January, 2006.
Fist Casitas Sanda SN oss
Mayor Clerk
Property Standards By-law 18 October 2, 2003