This is the exact embedded text of the captured official document.
Snapshot 825ec3a63a09 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-law 67-2024
Page 1 of 23
Property Standards By-law
THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE
BY-LAW 67-2024
Being a By-law for Prescribing Standards for the Maintenance and Occupancy
of all Property Within the Municipality of Port Hope and to
Repeal By-law 69-2006
WHEREAS the Council of the Corporation of the Municipality of Port Hope
deems it desirable to enact the following by-law for prescribing standards for
the maintenance and occupancy of all property within the Municipality and
prohibiting the use of such property that does not conform to the standards;
and for requiring property below the standards prescribed herein to be repaired
and maintained so as to comply with said standards or to be cleared of all
buildings and structures, rubbish, vehicles, debris and the lands left in a
graded and level condition; and
WHEREAS it is Council's intention to apply property standards for purposes of
enhancing public safety and regulating public nuisances; and
WHEREAS Council acknowledges the importance and validity of the farming
industry and desires not to unreasonably limit or unduly restrict normal farm
practices; and
WHEREAS the Municipality of Port Hope has in effect an "Official Plan" that
includes provisions relating to property standards as provided in the Building
Code Act, 1992, S.O. 1992, c.23;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the
Municipality of Port Hope enacts as follows:
PART 1
DEFINITIONS
In this By-law:
1.01 "Accessory Building" means a building or structure the use of which is
incidental to that of the principal or main building on the property.
1.02 "Agricultural Operation" includes but is not limited to animal husbandry,
ploughing, cultivating, spreading of fertilizers to promote crop growth,
planting, spraying, harvesting, drying of crops, storage of agricultural
materials (harvested product) and includes any working connection
therewith and includes agricultural, aquacultural, horticultural and
silvicultural operations.
1.03 "Agricultural Machinery and Equipment" means any equipment or
device designed, intended and used in an agricultural operation,
including but not limited to tractors, combines, elevators, driers, balers,
off highway trucks, implements and including self-propelled implements
of husbandry, chainsaws, irrigation pumps, crop conditioning and drying
equipment, refrigeration units and crop protection equipment, but does
not include wrecked, dismantled, discarded, inoperative or abandoned
machinery, vehicles and/or their component parts unless it is necessary
for the operation of a business enterprise lawfully situated on the
property, or stored on the property for historical purposes.
1.04 "Apartment Building" means a building containing more than four
dwelling units with individual access from an internal corridor system.
1.05 "Approved" means acceptance by the Property Standards Officer.
By-law 67-2024
Page 2 of 23
Property Standards By-law
1.06 "Basement" means that portion of a building that is partly underground,
which has half or more of its height, measured from floor to ceiling,
above the finished grade level adjacent to the exterior walls of the
building.
1.07 "Building" means a structure consisting of a wall, roof and floor or any
of them or a structural system serving the function thereof.
1.08 "Building Code" means the Building Code Act, 1992, S.O. 1992,
c.23 as amended, and includes regulations made thereunder.
1.09 "Cellar" means that portion of a building that is partly or entirely below
ground and which has more than half of its height, measured from floor
to ceiling, below the finished grade level adjacent to the exterior walls of
the building.
1.10 "Committee" means the Property Standards Committee.
1.11 "Dwelling" means a building or structure or part of a building or
structure, occupied or capable of being occupied, in whole or in part, for
the purpose of human habitation.
1.12 "Dwelling Unit" means a room or a suite of rooms operated as a
housekeeping unit, used or intended to be used as a domicile by one or
more persons and supporting general living conditions usually including
cooking, eating, sleeping and sanitary facilities.
1.13 "Fire Code" means the Fire Protection and Prevention Act, 1997,
S.O. 1997, c.4 as amended and includes the regulations made
thereunder.
1.14 "First Storey" means that part of a building having a floor area closest to
grade with a ceiling height of more than 1.8 meters (6 feet) above grade.
1.15 "Guard" means a protective barrier installed around openings in floor
areas or on the open sides of a stairway, a landing, a balcony, a
mezzanine, a gallery, a raised walkway, and other locations as required
to prevent accidental falls from one level to another. Such barriers may
or may not have openings through it.
1.16 "Habitable Room" means any room in a dwelling unit that is designed,
used or intended to be used for living, cooking, sleeping or eating
purposes.
1.17 "Means of Egress" means a continuous, unobstructed path of travel
provided by a doorway, hallway, corridor, exterior passageway,
balcony, lobby, stair, ramp, or other exit facility used for the escape of
persons from any point within a building, a floor area, a room, or a
contained open space to a public thoroughfare or an approved area of
refuge usually located outside the building.
1.18 "Multiple Dwelling" means a building containing three or more dwelling
units.
1.19 "Municipality" means the Corporation of the Municipality of Port
Hope.
1.20 "Non-Habitable Room" means any room in a dwelling or dwelling unit
other than a habitable room and includes a bathroom, a toilet room,
laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other
space for service and maintenance of the dwelling for public use, and
for access to and vertical travel between stories and basement or part
thereof which does not comply with the standards of fitness for
occupancy set out in this By-law.
By-law 67-2024
Page 3 of 23
Property Standards By-law
1.21 "Non-Residential Property" means a building or structure, or part of a
building or structure not occupied in whole or in part for the purpose of
human habitation, and includes the lands and premises appurtenant
and all of the outbuildings, fences or erections thereon or therein.
1.22 "Normal Farm Practice" means a practice that:
(a)
is conducted in a manner consistent with proper and acceptable
customs and standards as established and followed by similar
agricultural operations under similar circumstances; or
(b)
makes use of innovative technology in a manner consistent with
proper advanced farm management practices.
1.23 "Occupant" means any person or persons over the age of sixteen years
in possession of the property.
1.24 "Officer" means a Property Standards Officer/Provincial Offences Officer
of the Municipality who has been assigned the responsibility of
administering and enforcing this By-law and includes the Chief Building
Official or designate.
1.25 "Owner" means the person, for the time being, managing or receiving
the rent of, or paying the municipal taxes on the land or premises, in
connection with which the word is used, whether on his/her own account
or as agent, trustee, or any other person who would so receive the rent if
such land and premises were let, and shall also include a lessee or
occupant of the property who under the terms of the lease is required to
repair and maintain the property in accordance with the Standards of
Maintenance and Occupancy of the property.
1.26 "Person" means an individual, firm, corporation, association or
partnership.
1.27 "Property" means a building or structure or part of a building or structure
and includes the lands and premises appurtenant thereto and all mobile
structures, outbuildings, fences and erections thereon, whether
heretofore or hereafter erected and includes vacant property.
1.28 "Repair" means the provision of such facilities and the making of
additions or alterations or the taking of such action as in restoring,
renovating, mending as may be required so that the property shall
conform to standards established in this By-law.
1.29 "Residential Property" means 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 lands or buildings
that are appurtenant to such establishment and all stairways, walkways,
driveways, parking spaces, and fences associated with the dwelling or
its yard.
1.30 "Sewage" means liquid or water borne waste of:
(a)
industrial or commercial origin; or
(b)
of domestic origin, including human body waste, toilet or other
bathroom waste, and shower, tub, culinary, sink and laundry
waste.
1.31 "Sewage System" means the municipal sanitary sewer system, or a
private sewage disposal system approved by the Medical Officer of
Health but shall not include a system designed or intended strictly to
handle ground water.
By-law 67-2024
Page 4 of 23
Property Standards By-law
1.32 "Shipping Container" means a freight container that is used for the
transportation and storage of goods and materials which are loaded
onto trucks, trains or ships for the purpose of moving goods and
materials. A shipping container shall also include, but not be limited to,
the body of a transport trailer or a straight truck and any prefabricated
portable metal storage unit.
1.33 "Standards" means the standards of the physical condition and of
occupancy prescribed for property by this By-law.
1.34 "Toilet Room" means a room containing a toilet.
1.35 "Unsafe condition" means a condition that poses or constitutes a fire
hazard or risk to life, limb or health of any person.
1.36 "Utility Trailer" means a trailer that can be attached and propelled by a
motor vehicle and is utilized for the purposes of hauling or moving items
such as a box or dump trailer.
1.37 "Vermin" includes wild animals and insects that are believed to
be harmful to crops, farm animals, people, game, or that carry
disease, e.g., rodents.
1.38 "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor,
road building machine, bicycle, boat, motorized snow vehicle, all-terrain
vehicle (ATV) and any vehicle drawn, propelled or driven by any kind of
power, including muscular power and or their component parts.
1.39 "Yard" means the land other than publicly owned land around or
appurtenant to the whole or any part of a residential property and used or
capable of being used in connection with the property.
PART II
GENERAL STANDARDS FOR ALL PROPERTY
2.01 All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship
within the trades concerned. All new construction or repairs shall conform
to the Ontario Building Code and Ontario Fire Code where applicable.
YARDS, LANDS, VACANT LAND
2.02 All yards, compounds and lands whether vacant or not shall be kept
clean and free from:
1.
rubbish, garbage, waste and other debris;
2.
objects that are a health, fire or accident hazards;
3.
wrecked, dismantled, discarded, unlicensed, inoperative or
abandoned machinery, vehicles and/or their component parts
unless it is necessary for the operation of a business
enterprise lawfully situated on the property; and
4.
any unprotected well or other unsafe condition.
5.
areas of standing water, including un-maintained pools and lands.
This does not apply to areas including streams, rivers or natural
water courses or sources, or where otherwise approved by the
Municipality.
By-law 67-2024
Page 5 of 23
Property Standards By-law
SURFACE LANDSCAPED CONDITIONS
2.03 Surface conditions of yards shall be maintained so as:
1.
to prevent ponding of storm water, unless provided for by
Municipally approved site plan agreement;
2.
to prevent instability or erosion of soil;
3.
to prevent surface water run-off from entering buildings on the
property;
4.
to be kept free of garbage and refuse;
5.
to be kept free of deep ruts and holes; and
6.
to provide for safe passage under normal use and weather
conditions, day or night.
SEWAGE AND DRAINAGE
2.04 Sewage shall be discharged into the sewage system and at no time shall
sewage be discharged into the surface of the ground whether into a
natural or artificial surface drainage system or otherwise.
2.05 Notwithstanding article 2.04 of this By-law, where a municipal sanitary
sewer has not been installed, all sewage shall be discharged into a
private sewage disposal system approved under the Building Code
Act.
2.06 Roof or sump drainage shall not be discharged onto sidewalks,
stairs, or directly onto adjacent property.
2.07 In areas serviced by municipal storm sewers, roof drainage shall be
discharged through a building drain or an exterior conductor to the
storm sewer system, unless alternative measures approved by the
Municipality can be achieved.
PARKING AREAS, WALKS AND DRIVEWAYS
2.08 All areas used for vehicular traffic and parking shall have a suitable
surface covering such as asphalt, brick, concrete, compacted stone or
gravel and shall be kept in good repair free from rubbish, garbage,
waste and other debris; and must be in compliance with all applicable
provisions of the current Municipal zoning By-law.
2.09 Steps, walks, driveways, parking spaces and other similar areas shall
be maintained so as to afford safe passage under normal use and
weather conditions day or night.
ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES
2.10 Accessory buildings, fences and other structures appurtenant to the
property shall be maintained in structurally sound condition and in good
repair.
2.11 Fence heights shall be no higher than 1.8 metres for residential areas.
2.12 Fence heights shall be no higher than 4 metres high in industrial and
commercial areas.
By-law 67-2024
Page 6 of 23
Property Standards By-law
2.13 All exterior exposed surfaces of accessory buildings or structures shall
be treated and maintained with a protective coat of paint or other
sealing or coating material to inhibit deterioration, or be of a condition
which is acceptable to the Municipality.
GARBAGE DISPOSAL
2.14 Every building, dwelling, and dwelling unit shall be provided with a
sufficient number of suitable receptacles to contain all garbage, refuse
and ashes that may accumulate on the property, and shall be readily
accessible to all occupants.
Such receptacles 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 and compliance to be determined by a
Municipal Law Enforcement Officer.
2.15 All garbage, refuse, and ashes shall be promptly placed in the suitable
container and made available for removal in accordance with the
Northumberland County garbage by-law.
2.16 Garbage storage areas shall be screened from public view.
2.17 The collection and storage of waste/recyclable materials (e.g. Scrap Metal)
shall not be permitted in any residential area and/or area where not
permitted by the current Municipal Zoning By-law.
COMPOST HEAPS
2.18 The occupant of a residential property may provide for a compost
heap in accordance with health regulations, provided that the
compost pile is no larger than 2.3 square meters (25 square feet) and
1.2 meters (4 feet) in height and is enclosed on all sides by concrete
block, or lumber, or in a forty-five gallon container, or a commercial
plastic enclosed container designed for composting.
PART III
RESIDENTIAL STANDARDS GENERAL CONDITIONS
3.01 Every owner, tenant, occupant or lessee of a residential property shall
maintain the property or part thereof and the land which they occupy or
control, in a clean, sanitary and safe condition and shall dispose of
garbage and debris on a regular basis, in accordance with municipal
by-laws.
3.02 Every owner, tenant, occupant or lessee of a residential property shall
maintain every floor, wall, ceiling and fixture, under their control,
including hallways, entrances, laundry rooms, utility rooms, and other
common areas, in a clean, sanitary and safe condition.
3.03 Every owner or occupant shall maintain public hallways, stairways and
means of egress, free from the accumulation or storage of garbage,
refuse, appliances, or furniture.
YARDS
3.04 In addition to the General Requirements of Section 2.02, all yards
(does not included forested/ravine areas) shall be kept in a state of
good repair and clean and free from:
(1)
long grass (maximum 10cm in height), brush, excessive amount of
leaves, heavy undergrowth and overgrown trees;
(2)
dilapidated, collapsed or partially constructed structures;
By-law 67-2024
Page 7 of 23
Property Standards By-law
(3)
termites, vermin or other pests; and
(4)
dead, decayed or damaged trees or other natural growth that
may cause personal or property damage.
Yards which are kept in a good state of repair may have grass that exceed the
maximum 10cm in height provisions of (1) if approved by a Municipal Law
Enforcement Officer (Ex. Natural Garden landscape)
PEST PREVENTION
3.05 Dwellings shall be kept free of rodents, vermin and insects at all times.
Methods used for exterminating such pests shall be in accordance
with the provisions of the Pesticides Act, R.S.O. 1990,
c. P.11 as amended.
3.06 Openings, including windows, that might permit the entry of
rodents, insects, vermin or other pests shall be appropriately
screened or sealed.
STRUCTURAL SOUNDNESS
3.07 Every part of a dwelling shall be maintained in a structurally sound
condition so as to be capable of safely sustaining its own weight
together with the loads that may be applied thereto by reason of its
use and occupancy and natural causes as set out in the Building
Code.
3.08 Walls, roofs, and other exterior parts of a building shall be free from
loose or improperly secured objects or materials.
FOUNDATIONS
3.09 Foundation walls of a dwelling shall be maintained so as to prevent the
entrance of insects, rodents and excessive moisture. Required
maintenance may include the shoring of the walls to prevent settling,
installing sub soil drains at the footings, grouting masonry cracks and
waterproofing walls, joints, and floors.
3.10 Every dwelling, except for slab on grade construction, shall be
supported by foundation walls or piers that meet Ontario Building Code
standards.
EXTERIOR WALLS
3.11 Exterior walls of a dwelling and their components, including soffits and
fascia shall be maintained in good repair free from cracked, broken or
loose masonry, stucco, and other defective cladding or trim. Paint or
other suitable preservative or coating shall be applied and maintained
so as to prevent deterioration due to weather conditions, insects or
other damage.
3.12 Exterior walls of a dwelling and their components shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
WINDOWS AND DOORS
3.13 Windows, doors, skylights, and basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonably draught-free,
so as to prevent heat loss and infiltration by wind or rain into the
building. Required maintenance may include painting, replacing
damaged doors, frames and other components, window frames, sashes
and casings, replacement of non-serviceable hardware and reglazing
By-law 67-2024
Page 8 of 23
Property Standards By-law
where necessary. Where screening is provided on windows and doors it
shall be maintained in good repair.
3.14 In a dwelling unit, all windows that are intended to be opened and all
exterior doors shall have suitable hardware so as to allow the locking or
otherwise securing from inside the dwelling unit. At least one entrance
door to a dwelling unit shall have suitable hardware so as to permit the
locking or securing from either inside or outside the dwelling unit.
3.15 Solid core doors shall be provided for all entrances to dwellings and
dwelling units.
3.16 In residential buildings where there is a voice communication unit
working in conjunction with a security locking and release system
controlling a particular entrance door and installed between individual
dwelling units and a secured entrance area, the said system shall be
maintained in good working order at all times.
3.17 Every window in a leased dwelling unit that is located above the first
storey of a multiple dwelling shall be equipped with an approved
safety device that would prevent any part of the window from opening
greater than would permit the passage of a 100 mm diameter (3.9
inches) sphere.
ROOFS
3.18 Roofs of dwellings and their components shall be maintained in a
weather tight condition, free from loose or unsecured objects or
materials.
3.19 Accumulations of ice and/or snow shall be promptly removed from the
roofs of dwellings and accessory buildings which slope toward a
highway or sidewalk or walkway where such conditions could hinder
the safe passage of the public.
3.20 Where eavestroughing or roof gutters are provided, they shall be kept
in good repair, free from obstructions and shall be properly secured to
the building.
WALLS, CEILINGS AND FLOORS
3.21 Every wall, ceiling and floor in a dwelling shall be maintained so as to
provide a continuous surface free of holes, cracks, loose coverings or
other defects. Walls surrounding showers and bathtubs shall be
impervious to water.
3.22 Every floor in a dwelling shall be reasonably smooth and level and
maintained so as to be free of loose, warped, protruding, broken, or
rotted boards or other material that might cause an unsafe condition or
allow the entrance of rodents and other vermin or insects.
3.23 Every floor in a bathroom, toilet room, shower room, laundry room and
kitchen shall be maintained so as to be impervious to water.
STAIRS, PORCHES AND BALCONIES
3.24 Inside and outside stairs, porches, balconies and landings shall be
maintained so as to be free of holes, cracks, and other defects that may
constitute an unsafe condition. Existing stair treads or risers that show
excessive wear or are broken, warped or loose and any supporting
structural members that are rotted or deteriorated shall be repaired or
replaced.
By-law 67-2024
Page 9 of 23
Property Standards By-law
GUARDRAILS AND BALUSTRADES
3.25 A guard, handrail or banister shall be installed so as to prevent
accident or injury as required by the Building Code. A handrail shall be
installed and maintained in good repair in all stairwells. Guards shall be
installed and maintained in good repair around all landings, porches
and balconies. Guards, handrail or banisters shall be constructed and
maintained rigid in nature and to withstand the loads to which they are
subject to, due to intense use.
KITCHEN FACILITIES
3.26 Except for a dwelling in which the occupants do not, and are not
intended or permitted to prepare food for their own consumption, and
which is not required to have any kitchen facilities, every dwelling and
every dwelling unit shall be provided with each of the following:
(a)
a sink that is served with hot and cold running water and is
surrounded by surfaces impervious to grease and water;
(b)
a storage area having a content of at least 0.85 cubic metres.
(c)
a counter or work area of at least 0.7 square metres,
exclusive of the sink, and covered with a material that is
impervious to moisture and grease and is easily cleanable;
and
(d)
a space sufficient to accommodate for cooking and
refrigeration appliances including the suitable electrical or gas
connections.
TOILET AND BATHROOM FACILITIES
3.27 Every dwelling unit shall contain a bathroom consisting of at least one
fully operational toilet, wash basin, and bathtub or suitable shower unit.
Every wash basin and bathtub or shower shall have an adequate
supply of hot and cold running water.
Every toilet shall have a suitable supply of running water.
3.28 Every required bathroom or toilet room shall be accessible from
within the dwelling unit and shall be fully enclosed and provided with
a door.
3.29 Where toilet or bathroom facilities are shared by occupants of
residential accommodation, other than self-contained dwelling units, an
appropriate entrance shall be provided from a common passageway,
hallway, corridor or other common space to the room or rooms
containing the said facilities.
PLUMBING
3.30 Every dwelling unit shall contain at least one water closet, one wash
basin, a bathtub or shower, and one kitchen sink. All plumbing fixtures
shall comply with the minimum requirements of the Ontario Building
Code at the time of installation or replacement. All appropriate
plumbing fixtures shall be provided with an adequate supply of hot and
cold running water. Hot water shall be supplied at a maximum
temperature of not more than 49 degrees Celsius (120 °F).
3.31 Every dwelling unit shall be provided with an adequate supply of potable
running water.
By-law 67-2024
Page 10 of 23
Property Standards By-law
3.32 All plumbing, including drains, water supply pipes, water closets and
other plumbing fixtures shall be maintained in good working condition
free from leaks and defects and all water pipes and appurtenances
thereto shall be protected from freezing.
3.33 All plumbing fixtures shall be connected to the sewerage system
through water seal traps.
3.34 Every 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 defect that may harbor
germs or impede thorough cleansing.
ELECTRICAL SERVICE
3.35 Every dwelling and dwelling unit shall be wired for electricity and shall
be connected to an approved electrical supply system.
3.36 The electrical wiring, fixtures, switches, receptacles, and appliances
located or used in dwellings, dwelling units and accessory buildings
shall be installed and maintained in good working order so as not to
cause fire or electrical shock hazards. All electrical services shall
conform to the regulations established by the Power Corporation Act,
R.S.O. 1990, c. P.18 as amended.
3.37 Every habitable room in a dwelling shall have at least one electrical
duplex outlet for each 11.1 square metres (120 square feet) of floor
space and for each additional 9.3 square metres (100 square feet) of
floor area a second duplex outlet shall be provided. Extension cords
shall not be used on a permanent basis.
3.38 Every bathroom, toilet room, kitchen, laundry room, furnace room,
basement, cellar and non-habitable work or storage room shall be
provided with a permanent light fixture.
3.39 Lighting fixtures and appliances installed throughout a dwelling unit,
including stairways, corridors, passageways, garages and basements,
shall provide sufficient illumination so as to avoid an unsafe condition in
normal use.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
3.40 Every dwelling and building containing a residential dwelling unit shall
be provided with suitable heating facilities capable of maintaining an
indoor ambient temperature of 21 degrees Celsius (70 °F) in the
occupied dwelling units. The heating system shall be maintained in
good working condition so as to be capable of safely heating the
individual dwelling units to the required standard.
3.41 All fuel burning appliances, equipment, and accessories in a dwelling
shall be installed and maintained to the standards provided by the
Technical Standards and Safety Act, 2000, S.O. 2000, c.16 as amended
or other applicable legislation.
3.42 Where a heating system or part thereof that requires solid or liquid fuel
to operate, a place or receptacle for such fuel shall be provided and
maintained in a safe condition and in a convenient location so as not to
create an unsafe condition.
3.43 Every dwelling shall be so constructed or otherwise separated to
prevent the passage of smoke, fumes, and gases from that part of the
dwelling which is not used, designed or intended to be used for human
habitation into other parts of the dwelling used for habitation.
By-law 67-2024
Page 11 of 23
Property Standards By-law
Such separations shall conform to the Ontario Building Code and the
Fire Code.
3.44 All fuel burning appliances, equipment, and accessories in a dwelling
shall be properly vented to the outside air by means of a smoke-pipe,
vent pipe, chimney flue or other approved method.
3.45 Every chimney, smoke-pipe, flue and vent shall be installed and
maintained in good repair so as to prevent the escape of smoke, fumes
or gases from entering a dwelling unit. Maintenance shall include the
removal of all obstructions, sealing open joints, and the repair of loose
or broken masonry units.
3.46 Every chimney, smoke-pipe, flue and vent shall be installed and
maintained in good condition so as to prevent the heating of adjacent
combustible material or structural members to unsafe temperatures.
FIRE ESCAPES, ALARMS AND DETECTORS
3.47 All fire escapes, alarms and detectors shall conform to the requirements
of the Building Code and the Fire Code.
3.48 All dwellings and dwelling units shall have alarms and/or detectors
installed in accordance with the requirements of the Building Code and
the Fire Code.
EGRESS
3.49 Every dwelling and each dwelling unit contained therein shall have a
safe, continuous and unobstructed passage from the interior of the
dwelling and the dwelling unit to the outside at street or grade level.
3.50 Each dwelling containing more than one dwelling unit shall have at least
two exits, both of which may be common or the one of which may be
common and the other may be an exterior stair or fire escape. Access to
the stairs or fire escape shall be from corridors through doors at floor
level, except access from a dwelling unit may be through a vertically
mounted casement window having an unobstructed opening of not less
than 0.35m2 (3.8 sq. ft.) and no dimension less than 380 mm (15 inches)
with a sill height of not more than 1 metre (39 inches), above the inside
floor. A single exit is permitted from a dwelling unit where the path of
egress is through an exterior door located at or near ground level and
access to such exit is not through a room not under the immediate
control of the occupants of the dwelling unit.
3.51 All required means of egress shall be maintained so as to permit safe,
continuous and unobstructed passage at all times.
3.52 A required exit shall not pass through an attached garage or built-in
garage or an enclosed part of another dwelling unit.
LIGHTING
3.53 Every habitable room except a kitchen, bathroom or toilet room shall
have a window or windows, skylights or translucent panels facing
directly or indirectly to an outside space and admits as much natural
light equal to not less than ten percent of the floor area for living and
dining rooms and five percent of the floor area for bedrooms and other
finished rooms.
3.54 All public hallways and stairs in multiple dwellings shall be illuminated at
all times so as to provide safe passage.
By-law 67-2024
Page 12 of 23
Property Standards By-law
NUISANCE LIGHTING
3.55 Exterior lighting fixtures (excluding Municipal street lighting) shall be
installed and maintained so as to prevent the light from being pointed
directly at any other property which may cause a nuisance to
neighbouring properties as determined by a Municipal Law Enforcement
Officer.
VENTILATION
3.56 Every habitable room in a dwelling unit, as well as kitchens, bathrooms
or toilet rooms, shall have openings for ventilation providing an
unobstructed free flow of air as required by the Building Code.
3.57 All systems of mechanical ventilation shall be maintained in good
working order.
3.58 All enclosed areas including basements, cellars, crawl spaces and attics
or roof spaces shall be adequately ventilated.
ELEVATING DEVICES
3.59 Elevators and other elevating devices including all mechanical and
electrical equipment, lighting fixtures, lamps, control buttons, floor
indicators, ventilation fans, and emergency communication systems
shall be operational and maintained in good condition.
DISCONNECTED UTILITIES
3.60 Owners of residential buildings or any person or persons acting on behalf
of such owner shall not disconnect or cause to be disconnected any
service or utility supplying heat, electricity, gas, refrigeration or water to
any residential unit or building 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.
OCCUPANCY STANDARDS
3.61 The number of occupants, residing on a permanent basis in an
individual dwelling unit, shall not exceed one person for every nine
square metres of habitable floor area. For the purpose of computing
habitable floor area any area with the minimum ceiling height less than
2.1 meters shall not be considered as habitable.
3.62 No room shall be used for sleeping purposes unless it has a minimum
width of two meters and a floor area of at least seven square meters.
A room used for sleeping purposes by two or more persons shall have
a floor area of at least four square metres per person.
3.63 Any basement or portion thereof, used as a dwelling unit shall conform
to the following requirements:
(a) each habitable room shall comply with all the requirements set out
in this By-law;
(b) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
By-law 67-2024
Page 13 of 23
Property Standards By-law
(c) each habitable room shall be separated from the fuel fired
heating unit or other similarly hazardous equipment by a
suitable fire separation and approved under the Ontario
Building Code; and
(d) access to each habitable room shall be gained without passage
through a furnace room, boiler room, or storage room.
PART IV
SPECIAL CIRCUMSTANCES
STORAGE OF EQUIPMENT/MATERIALS
4.01 The warehousing or storage of material or operative equipment
that is required for the continuing operation of the industrial or
commercial aspect of the property shall be maintained in a neat and
orderly fashion so as not to create a fire or accident hazard or any
unsightly condition and shall provide unobstructed access for
emergency vehicles.
Where conditions are such that a neat and orderly fashion is achieved
but is still offensive to view, the offensive area shall be suitably
enclosed by a solid wall or a painted board or metal fence not less than
1.8 metres (6 feet) in height and not greater than 2.6 metres (8.5 feet)
and maintained in good repair. This provision shall not apply to areas
covered by a Site Plan Control Agreement.
PARKING AREAS, AND DRIVEWAYS
4.02 All areas used for vehicular traffic and parking shall have a suitable
surface covering such as asphalt, concrete, brick or compacted stone or
gravel and shall be kept in good repair free of rubbish, garbage, waste
and other debris. Notwithstanding the foregoing, for non-residential
properties which abut residential properties, all areas used for vehicular
traffic and parking shall have a surface covering of asphalt, or similar
hard surface, or shall be treated to prevent dust.
4.03 All vehicles (including utility trailers and boat trailers) shall be parked on
designated parking surfaces and in spaces as required and outlined in
the Municipal Zoning By-law. Municipal Law Enforcement officers are
authorized to remove vehicles and trailers from properties that are not in
compliance with provisions of this By-law as per Section 6.10(b)
4.04 All areas used for vehicular traffic, parking spaces and other similar
areas shall be maintained so as to afford safe passage under normal use
and weather conditions.
SHIPPING CONTAINERS
4.05 Shipping containers as defined shall only be permitted and used in areas
of the Municipality as outlined in the current Zoning By-law.
4.06 Shipping containers shall only be utilized for the purposes of storage.
STRUCTURAL SOUNDNESS
4.07 Every part of a building structure shall be maintained in a sound
condition so as to be capable of safely sustaining its own weight load
and any additional load to which it may be subjected through normal
use as set out in the Building Code. Structural members or materials
that have been damaged or indicate evidence of deterioration shall be
By-law 67-2024
Page 14 of 23
Property Standards By-law
repaired or replaced.
4.08 Walls, roofs, and other exterior parts of a building or structure shall be
free from loose or improperly secured objects or materials.
EXTERIOR WALLS
4.09 Exterior walls of a building or a structure and their components,
including soffits, fascia, windows and doors, shall be maintained in good
repair free from cracked, broken or loose masonry units, stucco, and
other defective cladding, or trim. Paint or some other suitable
preservative or coating shall be applied and maintained so as to prevent
deterioration due to weather conditions, insects or other damage.
4.10 Exterior walls of a building or a structure, fencing materials and their
components shall be free of unauthorized signs, painted slogans, graffiti
and similar defacements including but not limited to offensive materials.
GUARDRAIL AND BALUSTRADES
4.11 A guard, handrail or banister shall be installed so as to prevent accident
or injury as required by the Building Code. A handrail shall be installed
and maintained in good repair in all stairwells. Guards shall be installed
and maintained in good repair around all landings, porches and
balconies. Guards, handrail or banisters shall be constructed and
maintained rigid in nature and to withstand the loads to which they are
subject to, due to intense use.
LIGHTING
4.12 All non-residential establishments shall install and maintain sufficient
windows, skylights, and lighting fixtures necessary for the safety of all
persons attending the premises or as may be required by the
Occupational Health and Safety Act, R.S.O. 1990, c. O.1, as amended,
for industrial and commercial properties. However, lighting shall not be
positioned so as to cause any impairment of use or enjoyment of
neighbouring properties.
VACANT OR DAMAGED BUILDINGS
4.13 Vacant buildings shall be kept cleared of all garbage, rubbish and debris
and shall have all water, electrical and gas services turned off except for
those services that are required for the security and maintenance of the
property.
4.14 Where any building is vacant, unoccupied, or has been damaged by
accident, storm, neglect or other causes or intentional damage, the
owner or agent shall protect such building against the risk of accidental
or intentional damage to the property, or such damage as may be
caused to other properties, arising from the entry of unauthorized
persons to the building, by effectively preventing entrance by
unauthorized persons to the satisfaction of the Municipal Law
Enforcement Officer.
4.15
For the purpose of Section 4.02, doors, windows, hatches and other
openings through which entry may be obtained are required to be kept in
good repair and secured from unauthorized entry, or entry shall be
prevented by closing and securing the openings.
4.16 Where a vacant or damaged property has not been sufficiently secured,
the officer may issue an Order requiring the owner to secure the property
in any of the following ways:
By-law 67-2024
Page 15 of 23
Property Standards By-law
a) boarding which completely covers the opening with at least
12.7mm (0.5 in.) weatherproofed sheet plywood securely
fastened to the building;
b) rigid composite panels, securely fastened to the building;
c) sheathing boards installed within the reveal of the exterior
cladding and securely fastened to the building;
d) brick and mortar securely fastened to the building; or
e) concrete blocking and mortar securely fastened to the building.
The options listed above shall be considered progressively more
secure with clause (e) being the most secure. It shall be the
officer's discretion to determine the minimum level of security
required.
4.17 Where it has been shown that a proper level of security has not been
achieved, or the owner's control, attendance or lack of security measures
to protect the property suggests a more secure option be used, the
officer may order the owner to supply more stringent security measures
as may be necessary beyond the options listed in Section 4.16.
4.18 Where a building remains vacant for a period of more than ninety (90)
days, or in the opinion of the officer further measures are required, the
officer shall ensure that all utilities serving the building, which are not
required for the safety or security thereof, are properly disconnected or
otherwise secured, to prevent accidental or malicious damage to the
building or adjacent property.
4.19 Any such work required under Part 4 of this By-law shall be done in
compliance with the Ontario Building Code, other applicable codes and
by-laws, including but not limiting the generality of the foregoing, in
compliance with the requirement for obtaining building or demolition
permits, and with the by-laws applicable to demolition and clearing of
property.
FIRE DAMAGED BUILDINGS
4.20 Fire damaged buildings shall be kept clear of all garbage, refuse and
debris and shall have all water, electrical and gas services turned off
except those services that are required for the security and maintenance
of the property.
4.21 Where a building has been damaged by fire, the officer may order the
owner to restore the building to meet the requirements of this By-law and
the Ontario Building Code.
4.22 When the fire-damaged building or part is occupied again for other than
the purpose of repair, the condition of the building and property shall be
brought into compliance with all applicable sections of this By-law and
the Ontario Building Code.
4.23 The exterior walls and other surfaces of the building shall have smoke
damage or other defacement removed and the surfaces refinished.
4.24 Where, in the opinion of the officer, restoration as specified in Section
4.21 is not possible or economically feasible, the officer may order the
building demolished and debris removed from the property.
By-law 67-2024
Page 16 of 23
Property Standards By-law
DESIGNATED HERITAGE BUILDINGS
DEFINITIONS
4.25
In Sections 4.26 through 4.36 of this By-law:
"heritage attributes" has the same meaning as in section 1 of the
Ontario Heritage Act;
"heritage property" means property that has been designated under
section 29 or section 34.5 of the Ontario Heritage Act or property that is
located within an area that has been designated under section 41 of the
Ontario Heritage Act as a heritage conservation district;
"Ontario Heritage Act" means Ontario Heritage Act, R.S.O. 1990, c.
O.18, as amended from time to time.
GENERAL
4.26
Despite any provision of this by-law, the Ontario Building Code or the
Building Code Act, 1992, no building or structure located on a heritage
property may be altered, demolished, removed, or relocated except in
accordance with this By-law and Ontario Heritage Act including any
permits or permissions required under such Act.
4.27
In addition to the minimum standards for the maintenance and
occupancy set out elsewhere in this By-law, the owner of a heritage
property shall maintain, preserve and protect its heritage attributes so
as to maintain the heritage character, visual and structural heritage
integrity of the building or structure, and the owner shall ensure that a
Heritage Permit is obtained through Municipal Council prior to
performing or causing any work to be performed as prescribed.
4.28
In the event of conflict between anything in Sections 4.13 through 4.26
of this By-law and any other sections of this By-law, Sections 4.13
through 4.26 shall prevail.
REPAIR OF HERITAGE ATTRIBUTES
4.29
Where a heritage attribute of a heritage property can be repaired, the
heritage attribute shall not be replaced and shall be repaired,
(a)
in such a manner that minimizes damage to the heritage
attributes and maintains the design, colour, texture, grain or other
distinctive features of the heritage attribute; and
(b)
using the same types of material as the original attribute and in
keeping with the design, colour, texture, grain and any other
distinctive features of the original attribute.
4.30
Where the same types of material as the original are no longer
available, alternative types of material that replicate the design, colour,
texture, grain or other distinctive features and appearance of the
original material will be considered, in consultation with the Heritage
Port Hope Advisory Committee, and approved by the Chief Building
Official or designate.
By-law 67-2024
Page 17 of 23
Property Standards By-law
REPLACEMENT OF HERITAGE ATTRIBUTES
4.31
Where a heritage attribute of a heritage property cannot be repaired,
the heritage attribute shall be replaced in such a manner as to replicate
the design, colour, texture, grain and other distinctive features and
appearance of the heritage attribute, using the same types of material
as the original.
4.32
Where the same types of material as the original are no longer
available, alternative types of material that replicate the design, colour,
texture, grain or other distinctive features and appearance of the
original material may be used.
4.33
Prior to replacing any heritage attribute, the owner of the heritage
property shall consult with the Municipality's Heritage Committee.
4.34
The removal of the original material shall be documented by
photographs, to-scale drawings, and/or any means identified by
Municipal staff.
VACANT HERITAGE PROPERTIES
4.35
Notwithstanding Sections 4.13 through 4.19 (VACANT OR
DAMAGED BUILDINGS) of this By-law, where a heritage property
remains vacant for a period of ninety (90) days or more, the owner
shall ensure that all utilities serving the property are properly
disconnected, terminated or capped, unless in the opinion of the
Chief Building Official or designate, such utilities (i) are necessary
for the safety and security of the property, (ii) provide, maintain and
monitor property heating and ventilation, or (iii) are otherwise
required by law to remain connected.
4.36
Notwithstanding Sections 4.13 through 4.19 (VACANT OR
DAMAGED BUILDINGS) of this By-law, the owner of vacant
heritage property shall protect all structures and buildings on the
property against the risk of fire, weather, neglect, intentional damage
or damage by other causes by effectively preventing the entrance of
the elements, unauthorized persons or the infestation of pests by
boarding up and securing the buildings and structures in a suitable
manner determined by the Chief Building Official or designate, that
may include the following:
a)
Lock all doors and windows and ensure on-going
maintenance.
b)
Post "No Trespassing" signs.
c)
Post a heritage notice that complies with the Municipality's
sign by-law that states:
Heritage Notice
The structure on this property is a designated heritage
resource protected under the Ontario Heritage Act and
applicable municipal law. Please help us conserve our
heritage. For more information contact:
Municipal Staff - Heritage at the Development Team Office
located at 5 Mill Street, Municipality of Port Hope
d)
Close all basement hatches, openings, walkways and
windows.
By-law 67-2024
Page 18 of 23
Property Standards By-law
e)
Remove ladders, tools, equipment and other materials that
might be used to gain interior access.
f)
Remove rubbish, garbage, parts of vehicles and other
equipment, discarded furniture, appliances, machinery and
debris from inside buildings and structures and from around
the property.
g)
All floors above the first floor must be rendered inaccessible
to entry by raising fire escapes and ladders to a height of at
least four meters, and by removing or cladding towers that
may be used to access the property.
h)
Significant trees, plantings, grass, lawns, flower beds,
hedgerows, bushes, vines and other vegetation on grounds
surrounding vacant heritage buildings, structures and other
resources shall be maintained and protected at all times in
accordance with relevant municipal by-laws.
i)
Chain-off driveways and all other direct means of vehicular
access to the property, while still permitting authorized
vehicular and emergency vehicular access when necessary;
chains should be no greater than 10mm (3/8 inch) in
diameter and of a grade 30 or comparable.
j)
All boards shall be installed from the exterior and interior and
shall be fitted in a watertight manner and so that all exterior
trim and cladding remains uncovered and undamaged by the
boarding.
k)
All boards shall be fastened securely in a manner that
minimizes damage to the heritage attributes.
l)
All boards used shall be painted in a manner to reflect the
panes of glass, frames and muntins that were or are found
on the opening that is being boarded over or the panes of
glass shall be painted in matte black and the window frames
and muntins shall be painted in a colour which matches that
of the original opening.
m)
All boards not located in a window or door opening shall be
painted or otherwise treated so that the colour blends with
the exterior of the building or structure.
n)
Temporary metal security fencing may be required around
the perimeter of a vacant heritage property as deemed by
the Chief Building Official. The fence shall be 2 metres in
height above grade, equipped with a horizontal top rail. The
temporary fence shall be erected and securely anchored and
maintained at all times with all gates locked with appropriate
high security pad locks.
o)
Exterior lighting fixtures may be required to be installed
and/or maintained in the front porch, veranda, or area
adjacent to the front and rear entrance of the building or
structure, and must be activated by motion sensors, and
shall maintain an average level of illumination of at least 50
lux at ground level which will be determined by the Chief
Building Official.
By-law 67-2024
Page 19 of 23
Property Standards By-law
MARIJUANA GROW HOUSES AND CLANDESTINE DRUG OPERATIONS
4.37
In the event that an officer has been notified by a police service that a
property has been or is being used as either an illegal (in contravention
of either Provincial and/or Federal legislation) Marijuana Grow House
or a Clandestine Drug Operation facility, the officer shall, in addition to
any other action ordered or permitted by law, register any and all
Orders issued pursuant to an Order or Orders Requiring Compliance
under the authority of section 15.2 of the Building Code Act, 1992, S.O.
1992, against the title of the property at the local Land Registry Office.
4.38
The Order referred to in Section 4.37 shall contain a Schedule which
will state:
"This property has been identified as having been used as an illegal
Marijuana Grow Operation (Clandestine Drug Operation facility).
Operations of this nature are well known to have detrimental effects on
the air quality, electrical systems and structural elements within the
structure. It is the opinion of the Municipality that this property should
not be occupied until all matters referred to in this Order have been
addressed and resolved to the satisfaction of the investigating officer."
PART V
EXEMPTIONS FOR AGRICULTURAL OPERATIONS
5.01 The exemption provisions of Part V shall not be applicable to a
Residential Property or dwelling appurtenant to lands being used for
agricultural operations.
5.02 The provisions of Sections 2.02 subsection 3. shall not apply so as to
prohibit or restrict storage of agricultural machinery and equipment or
vehicles used in agricultural operations provided they are in good
working order.
5.03 The provisions of Section 2.03 subsections 1., 5., and 6., shall not
apply to lands used in agricultural operations.
5.04 The provisions of Section 2.13 shall not apply to accessory buildings or
structures used for agricultural operations.
5.05 The provisions of Sections 4.01, 4.03, 4.04, 4.09, 4.10 and 4.12 of Part
IV shall not apply to lands used for agricultural operations.
PART VI
ADMINISTRATION AND ENFORCEMENT
6.01 This By-law shall apply to all property within the limits of the Municipality
and shall be enforced on a written complaint basis only.
6.02 The imperial measurements contained in this By-law are given for
reference only.
6.03 No person shall,
(a)
occupy,
(b)
use,
(c)
permit the use of,
(d)
rent, or
By-law 67-2024
Page 20 of 23
Property Standards By-law
(e)
offer to rent,
any property that does not conform to the Standards.
OFFICERS
6.04 The Council of the Municipality shall appoint Municipal Law
Enforcement Officer(s) / Property Standards Officer(s) responsible for
the administration and enforcement of this By-law.
6.05 An officer or any person acting under his/her instructions may at
reasonable times and on producing proper identification, enter and
inspect any property.
6.06 An officer or any person acting under his/her instructions shall not enter
any room or place actually used as a dwelling without the consent of the
occupier except under the authority of a Search Warrant issued under
section 21 of the Building Code Act.
ORDER TO REMEDY
6.07 Where an officer finds that a property does not conform to any of the
standards prescribed in this By-law, the officer is authorized to, and may,
make an Order,
(a)
stating the municipal address or the legal description of such
property;
(b)
giving reasonable particulars of the repairs to be made or stating
that the site is to be cleared of all buildings, structures, vehicles,
debris or refuse and left in a graded and leveled condition;
(c)
indicating 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; and
(d)
indicating the final date for giving notice of appeal from the
Order.
6.08 Service of any Order in accordance with section 6.07 shall be
deemed to have been made on the fifth day after mailing of the
Order which shall also be posted at the physical address of the
involved property.
6.09 An Order issued in accordance with section 6.07 shall be served on the
owner of the property and such other persons affected by it as the
officer determines, and the posting of the order at the involved property
is considered service of the order to the owner.
6.10 A Property Standards Officer is hereby authorized to give immediate
effect to any order that is confirmed or modified as final and binding
under section 15.3(7) of the Building Code, so as to provide for:
(a)
repair of the property; or
(b)
clearing of all buildings, structures, vehicles or debris from the site
and the leaving of the site in a graded and leveled condition,
where the cost of doing the work does not exceed an estimated
$50,000.
By-law 67-2024
Page 21 of 23
Property Standards By-law
6.11 Where the estimated cost of doing the work exceeds $50,000, the officer
shall seek authorization from Council to carry out the requirements of the
order.
6.12 Upon completion of the work, the Corporation shall place a lien on the
land for the amount spent on repair or demolition. The amount shall be
deemed to be municipal real property taxes and may be added by the
Corporation to the collector's roll and collected in the same manner and
with the same priorities as municipal real property taxes.
REGISTRATION OF ORDER
6.13 An Order made under section 6.07 may be registered in the proper land
registry office and, upon such registration, any person acquiring an
interest in the land subsequent to the registration of the Order shall be
deemed to have been served under section 6.07 and, when 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
PROPERTY STANDARDS COMMITTEE
6.14 There shall be and is hereby established a Property Standards
Committee consisting of three members who shall be ratepayers in the
Municipality, appointed by a resolution or by-law of Council to hold
office for the term of Council, in accordance with the Committee By-law
05/2021 or any subsequent by-law that follows it.
6.15 A member of the Council of the Municipality or, an employee of the
Municipality or of a local board is eligible to be a non-voting member of
the Committee.
6.16 The Committee shall elect from among themselves a Chair and shall
make provision for a Secretary, said Secretary being an employee of
the Municipality, but not an officer.
6.17 The Secretary shall keep on file minutes and records of applications and
the decisions thereon, and all other official business of the Committee.
6.18 When the owner or occupant upon whom an Order has been served in
accordance with section 6.07 is not satisfied with the terms or conditions
of the Order, he/she may appeal to the Committee by sending a Notice
of Appeal on a prescribed form by registered mail or hand-delivered in
person to the Secretary of the Committee, within fourteen days after
service of the Order.
6.19 An Order that is not appealed within the time referred to in section 6.18
shall be deemed to be confirmed.
6.20 Upon receipt of the Notice of Appeal the Secretary shall determine a
date, time and place for the hearing of the Appeal which shall take
place not less than seven days from the date of receipt of the
aforementioned Notice of Appeal and shall give notice of the date, time
and place of the appeal to the Applicant, the Committee members and
the Officer. Attendance by the appellant or Officer is not compulsory for
the Committee meeting to take place.
6.21 Where an Appeal has been taken, the Committee shall hear the Appeal
and shall have all the authority and functions of the Officer and may
confirm, modify, or rescind the Order, or may extend the time period for
compliance provided that, in the opinion of the Committee, the general
intent of the By-law and of the Official Plan or policy statement are
By-law 67-2024
Page 22 of 23
Property Standards By-law
maintained.
APPEAL TO ONTARIO COURT
6.22 The Municipality or any owner or occupant or other person affected by
a decision of the Committee may appeal to a judge of the Superior
Court of Justice by notifying the Clerk of the Corporation in writing and
by applying to the Superior Court of Justice for an appointment within
fourteen days after a copy of the Decision is sent.
PENALTY
6.23 No owner or occupant of property shall fail to comply with a Property
Standards Order as confirmed or modified. If an owner or occupant fails
to demolish or repair the property in accordance with an Order as
confirmed or modified, the Municipality in addition to other remedies:
(a)
shall have the right to demolish, remove items or repair the
property accordingly and for this purpose with its servants and
agents from time to time to enter in and upon the property; and
(b)
shall not be liable to compensate such owner, occupant or
another person having interest in the property by reason of
anything done by or on behalf of the Municipality under the
provisions of this article; and
(c)
may cause a prosecution to be brought against any person
who is in breach of such an Order.
6.24 Any person who fails to comply with an Order issued by a Property
Standards Officer/Provincial Offences Officer is guilty of an offence and
upon conviction is liable to a penalty or penalties as provided by the
Building Code Act, 1992, S.O. 1992, c.23.
6.25 If this By-law is contravened and a conviction entered, the Court in
which the conviction was entered or any Court of competent jurisdiction
may, in addition to any other remedy and to any penalty that is imposed,
make an Order prohibiting the continuation or repetition of the offence
by the person convicted.
VALIDITY
6.26 It is hereby declared that each and every one of the provisions of this
By-law is severable and that, if any provision of this By-law should for
any reason be declared invalid by any Court, it is the intention and
desire of this Council that each and every one of the then remaining
provisions hereof shall remain in full force and effect to the fullest
extent permitted by law.
6.27 Where a provision of this By-law conflicts with the provision of another
by-law in force within the Municipality, the provisions that establish the
higher standards to protect the health, safety and welfare of the general
public shall prevail.
6.28 This By-law may be cited as "The Property Standards By-law".
6.29 This By-law shall come into force and effect upon the date of its final
passing.
By-law 67-2024
Page 23 of 23
Property Standards By-law
ORDERS, PROCEEDINGS AND OTHER ACTIONS CONTINUED
6.30 Any order issued, proceeding being conducted or other action being
carried out under By-law 69/2006 shall be deemed to continue under this
By-law.
REPEAL OF EXISTING BY-LAW
6.31 By-law 69-2006 and its amendments are hereby repealed.
BYLAW READ AND PASSED in Open Council this 5th day of November,
2024.
___________________________
Olena Hankvisky, Mayor
___________________________
Shrishma Davé, Clerk