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THE CORPORATION OF THE TOWN OF RAINY RIVER
BY-LAW 1688-18
Being a By-Law for prescribing standards for the maintenance and occupancy of property
within the Town of Rainy River
WHEREAS, under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a By-Law
may be passed by the Council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality provided the official plan
for the municipality includes provisions relating to property conditions;
AND WHEREAS the Official Plan for the Corporation of the Town of Rainy River
includes provisions relating to property conditions;
AND WHEREAS the Council of the Corporation of the Town of Rainy River is desirous
of passing a by-law under Section 15.1(3) of the Building Code Act. S.O. 1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that
a by-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23 shall
provide for the establishment of a Property Standards Committee;
NOW THEREFORE the Council of the Corporation of the Town of Rainy River hereby
enacts the following:
PART I
DEFINITIONS
In this by-law:
1.01
"Accessory Building" means
a)
a detached building or structure that is not used for human habitation, but
the use of which is naturally and normally incidental to, subordinate to or
exclusively devoted to a principal use or building and located on the same
lot therewith, and,
b)
includes a detached private garage, detached carport, boathouse or
detached deck
1.02
"Apartment Building" means a building containing more than four dwelling
units with individual access from an internal corridor system.
1.03
"Approved" means acceptance by the Property Standards Officer.
1.04
"Basement" means
a)
that portion of a building or structure within which 50% or more of the
interior wall height from finished floor to finished ceiling is below the
average finished grade level adjacent to one or more of the exterior walls of
the building or structure, but
b)
does not mean or include a storey or part of a storey.
1.05
"Cellar" means that space of a building that is partly or entirely below grade,
which has more than half of its height, measured from floor to ceiling below the
average exterior finished grade.
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1.06
"Committee" shall mean the Property Standards Committee established under this
by-law.
1.07
"Dwelling" means a separate building or factory built double-wide home
containing one or more dwelling units.
1.08
"Dwelling Unit" means
a)
one room or a group of rooms in a building used or designed or intended
to be used by only one household as a single, independent and separate
housekeeping establishment,
i)
in which food preparation and sanitary facilities are provided for
the exclusive use of such household, and
ii)
which has a private entrance from outside the building or from a
common hallway or stairway inside the building, but
b)
does not mean or include a tent, trailer, or a room or suite of rooms in a
hotel, motel, motor hotel or bed and breakfast business.
1.09
"First Storey" means that part of a building having a floor area closest to grade
with a ceiling height of more than 1.8 metres (6ft) above grade.
1.10
"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 them.
1.11
"Habitable Room" means a room which:
a)
is located within a dwelling unit;
b)
is designed for living, sleeping or eating, or contains sanitary or food
preparation facilities; and
c)
can be used at all times throughout the year but does not include any room
specifically defined as a non-habitable room.
1.12
"Means of Egress" means a continuous, unobstructed path of travel provided by a
doorway, hallway, corridor, exterior passage way, 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.
1.13
"Multiple Dwelling" means a building containing three or more dwelling units.
1.14
"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 storeys, and basement or part thereof which does not comply with the
standards of fitness for occupancy set out in this By-Law.
1.15
"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.
1.16
"Person" means an individual, firm, corporation, association, trust, incorporated
company, organization, trustee, agent or partnership, and their heirs, executors or
other legal representatives of a person whom the same can apply according to law.
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1.17
"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.
1.18
"Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-Law.
1.19
"Toilet Room" means a room containing a water closet and a wash basin.
1.20
"Yard" means
a)
an open, uncovered space on a lot appurtenant to a building and
unoccupied by buildings or structure except as may be expressly permitted
in this By-Law.
b)
does not include a court yard.
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, Ontario Fire Code and the Fire Prevention and Protection Act
where applicable.
YARDS
2.02 Every yard, including vacant lots shall be kept clean and free from:
(1)
rubbish or debris and objects or conditions that may create a health, fire, or
accident hazard;
(2)
wrecked, dismantled, discarded or abandoned machinery, vehicles (without
valid registration permits), trailers or boats unless it is necessary for the
operation of a business enterprise lawfully situated on the property;
(3)
long grass, brush, undergrowth and noxious weeds as defined by the Weed
Control Act;
(4)
dilapidated, collapsed, unsightly or partially constructed structures which
are not currently under construction;
(5)
injurious insect, termites, rodents, vermin or other pests; and
(6)
dead, decayed or damaged trees or other natural growth.
SURFACE CONDITIONS
2.03 Surface conditions or yards shall be maintained so as to:
(1) prevent ponding of storm water;
(2) prevent instability or erosion of soil;
(3) prevent surface water run-off from entering basements;
(4) not exhibit an unsightly appearance;
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(5) be kept free of garbage and refuse;
(6) be kept free of deep ruts and holes;
(7) provide for safe passage under normal use and weather conditions, day or
night; and
(8) not create a nuisance to other property.
SEWAGE AND DRAINAGE
2.04
Sewage only shall be discharged into the sewage system.
2.05
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.
2.06 Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property.
PARKING AREAS, WALKS AND DRIVEWAYS
2.07
All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair
free of dirt and litter.
2.08
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
2.09
Accessory buildings, fences and other structures appurtenant to the property shall
be maintained in structurally sound condition and in good repair.
2.10
Accessory buildings, fences, and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials
including paint or other suitable preservative and shall be of uniform colour unless
the aesthetic characteristics of said structure are enhanced by the lack of such
material.
GARBAGE DISPOSAL
2.11
Every building, dwelling, and dwelling unit shall be equipped with a sufficient
number of suitable receptacles to contain all garbage, refuse and ashes that may
accumulate on the property between the regularly designated collections days.
Such receptacles shall be maintained in a clean and odour free condition at all
times.
2.12
All garbage, refuse, and ashes shall be promptly placed in a suitable container and
made available for removal in accordance with the municipal garbage collection
by-law where applicable and screened from public view.
COMPOST HEAPS
2.13
The occupant of a residential property may provide for a compost heap in
accordance with the health regulations, provided that the compost pile is no larger
than one square meter and 1.8 metres in height and is enclosed on all sides by
concrete block, or lumber, or in a forty-five gallon container, a metal frame
building with a concrete floor, or a commercial plastic enclosed container designed
for composting.
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PART III
RESIDENTIAL STANDARDS
GENERAL CONDITIONS
3.01 Every tenant, or 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 tenant, or 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
Accumulations or storage of garbage, refuse, appliances, or furniture in a means of
egress shall not be permitted.
PEST PREVENTION
3.04
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.
3.05
Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
STRUCTURAL SOUNDNESS
3.06
Every part of a dwelling shall be maintained in a structurally 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, having a level of safety as required
by the Ontario Building Code.
3.07
Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
FOUNDATIONS
3.08
Foundation walls of a dwelling shall be maintained so as to prevent the entrance of
insects, rodents and excessive moisture. Maintenance includes the shoring of the
walls to prevent settling, installing sub soil drains, where necessary, at the
footings, grouting masonry cracks, damp proofing and waterproofing walls, joints
and floors.
3.09 Every dwelling, except for slab on grade construction, shall be supported by
foundation walls or piers which extend below the frost line, or to solid rock.
EXTERIOR WALLS
3.10
Exterior walls of a dwelling and their components, including soffits, fascia, 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 must be applied and maintained so as to prevent
deterioration due to weather conditions, insects or other damage.
3.11
Exterior walls of a dwelling and their components shall be free of unauthorized
signs, painted slogans, graffiti and similar defacements.
WINDOWS AND DOORS
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3.12 Windows, doors, skylights, and basement or cellar hatchways shall be maintained
in good repair, weather tight and reasonably draught-free, to prevent heat loss and
infiltration by the elements. Maintenance includes painting, replacing damaged
doors, frames and other components, window frames, sashes and casings,
replacement of non-serviceable hardware and re-glazing where necessary. Where
screening is provided on windows and doors it shall also be maintained in good
repair.
3.13 In a dwelling unit, all windows that are intended to be opened and all exterior
doors shall have suitable hardware so as to allow 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 locking or securing from either inside or
outside the dwelling unit.
3.14 Solid core doors shall be provided for all entrances to dwellings and dwelling
units.
3.15
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.
3.16 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 100mm diameter (3.9 inches) sphere. Such safety device shall not
prevent the window from being fully opened during an emergency situation by an
adult without the use of tools.
ROOFS
3.17 Roofs of dwellings and their components shall be maintained in a weather tight
condition, free from loose or unsecured objects or materials.
3.18
The roofs of dwellings and accessory buildings shall be kept clear of
accumulations of ice or snow or both.
3.19 Where eaves troughs, roof gutters, are provided they shall be kept in good repair,
free from obstructions and properly secured to the building.
WALLS, CEILINGS AND FLOORS
3.20 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.
3.21 Every floor in a dwelling shall be reasonably smooth and level and maintained so
as to be free of all loose, warped, protruding, broken, or rotted boards or other
material that might cause an accident or allow the entrance of rodents and other
vermin or insects.
3.22 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry room
shall be maintained so as to be impervious to water and readily cleaned.
STAIRS, PORCHES AND BALCONIES
3.23 Inside and outside stairs, porches, balconies, landings and walkways shall be
maintained so as to be free of holes, cracks and other defects which may constitute
accident hazards. 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.
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GUARDRAILS
3.24 A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or a
height of 600 mm (24") between adjacent levels. A handrail shall be installed and
maintained in good repair in all stairwells. Guardrails shall be installed and
maintained in good repair around all landings, porches, balconies. Guardrails,
balustrades and handrails shall be constructed and maintained rigid in nature.
KITCHENS
3.25 Every dwelling shall contain a kitchen area equipped with:
(a)
a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
(b)
suitable storage area of not less than 0.23 cubic metres (8 cubic feet),
a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft) in
length, exclusive of the sink, and covered with a material that is impervious
to moisture and grease and is easily cleanable; and
(c)
a space provided for cooking and refrigeration appliances including suitable
electrical or gas connections.
TOILET AND BATHROOM FACILITIES
3.26 Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, washbasin, and a bathtub or suitable shower unit. Every
washbasin and bathtub or shower shall have an adequate supply of hot and cold
running water. Every water closet shall have a suitable supply of running water.
3.27 Every required bathroom or toilet room shall be accessible from within the
dwelling unit and shall be fully enclosed and provided with a door capable of
being locked so as to allow privacy for the persons using said room.
3.28 Where toilet or bathroom facilities are shared by occupants of residential
accommodations, 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
3.29 Each washbasin, bathtub or shower, and one kitchen sink shall be equipped with
an adequate supply of hot and cold running water. Hot water shall be supplied at a
temperature of not less than 43 degrees Celsius (110 F).
3.30 Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health.
3.31 All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures shall be maintained in good working condition free of leaks and
defects and all water pipes and appurtenances thereto shall be protected from
freezing.
3.32 All plumbing fixtures shall be connected to the sewage system through water seal
traps.
3.33 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
defects that may harbour germs or impede thorough cleansing.
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ELECTRICAL SERVICE
3.34 Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
3.35 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 Corporations Act, as amended.
3.36 Every habitable room in a dwelling shall have at least one electrical duplex outlet
for each 11.1 square metres (120 sq. ft.) of floor space and for each additional 9.3
square metres (100 sq. ft.) of floor area, a second duplex outlet shall be provided.
Extension cords shall not be used on a permanent basis.
3.37 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.
3.38 Lighting fixtures and appliances installed throughout a dwelling unit, including
hallways, stairways, corridors, passage ways, garages and basements, shall provide
sufficient illumination so as to avoid health or accident hazards in normal use.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
3.39 Every dwelling and building containing a residential dwelling unit or units 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 unit to the required standard.
3.40 All burning appliances, equipment, and accessories in a dwelling shall be installed
and maintained to the standards provided by the Energy Act, as amended or other
applicable legislation.
3.41 Where a heating system or part thereof that requires solid or liquid fuel to operate,
a place of receptacle for such fuel shall be provided and maintained in a safe
condition and in a convenient location so as to be free from fire or accident hazard.
3.42 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. Such separations shall conform to the Ontario
Building Code.
3.43 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.
3.44 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 includes the removal of all obstructions, sealing open
joints, and the repair of loose or broken masonry units.
3.45 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
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3.46 A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be provided
by the owners of the buildings or residential occupancies where sleeping
accommodations are provided for more than ten (10) persons, except that such
systems need not be provided where a public corridor or exit serves not more than
four (4) dwelling units or individual leased sleeping rooms.
3.47 In addition to the provisions of Article 3.46 hereof, in every dwelling unit in a
building, a listed smoke alarm, approved by the Canadian Standards Association or
Underwriters Laboratories of Canada, or detectors of single station alarm type,
audible within bedrooms when intervening doors are closed, shall be installed by
the occupant between bedrooms or the sleeping area in the remainder of the
dwelling unit, such as in a hallway or corridor serving such bedrooms or sleeping
area. The products of combustion detector referred shall be:
(a)
equipped with visual or audio indication that they are in operating
condition;
(b)
mounted on the ceiling or on a wall between 152.4 and 304.8 mm (6 to 12
inches) below the ceiling.
3.48 Buildings using a fire escape as a secondary means of egress shall have the escape
in good condition, free from obstructions and easily reached through an openable
window or door.
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 (2)
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 1,067 by 559 mm (42 x 22 inches) with a sill
height of not more than 9.1 mm, (36 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.
NATURAL LIGHT
3.51 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 that ten percent
of the floor area for living and dining rooms and five percent of the floor area for
bedrooms and other finished rooms.
VENTILATION
3.52 Every habitable room in a dwelling unit, including kitchens, bathroom or toilet
rooms, shall have openings for ventilation providing an unobstructed free flow of
air of at least 0.28 square metres (3 sq. ft.), or an approved system of mechanical
ventilation such that provide hourly air exchanges.
3.53
All systems of mechanical ventilation shall be maintained in good working order.
3.54
All enclosed areas including basements, cellars, crawl spaces and attics or roof
spaces shall be adequately ventilated.
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ELEVATING DEVICES
3.55
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
3.56
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 times as may
be necessary for the purpose of repairing, replacing, or otherwise altering said
service or utility.
OCCUPANCY STANDARDS
3.57
The number of occupants, residing on a permanent basis, in an individual dwelling
unit, shall not exceed one person for every nine square metres (97 sq. ft.) of
habitable floor area. Any area with a minimum ceiling height less than 2.1 metres
(7 ft.) shall not be considered.
3.58
No room shall be used for sleeping purposes unless it has a minimum width of two
metres (6.6 ft.), and a floor area of at least seven square metres (75 sq. ft.). A room
used for sleeping purposes by two or more persons shall have a floor area of at
least four square metres (43 sq. ft.) per person.
3.59
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;
(c)
each habitable room shall be separated from service rooms by a suitable
fire separation and approved under the Ontario Building Code;
(d)
access to each habitable room shall be gained without passage through a
service room.
PART IV
VACANT LANDS AND BUILDINGS
4.01 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 where applicable.
VACANT LANDS
4.02 Vacant land shall be maintained to the standards as described in Part II, Article
2.02, of this By-Law.
4.03 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
VACANT BUILDINGS
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4.04 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.
4.05 The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Office by covering all openings through
which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet
plywood securely fastened to the building and painted a colour compatible with the
surrounding walls.
PART V
DAMAGED BUILDINGS
5.01
Where a building damaged by accident, storm, fire, neglect or other causes or
intentional damage, the owner shall demolish or repair the building within 90 days
unless a reasonable time has been arranged with the Town of Rainy River.
5.02
Where a building is damaged by accident, storm, fire, neglect or other causes or
intentional damage, immediate steps shall be taken to prevent or remove a
condition which might endanger persons on or near the property and the building
or structure shall be properly supported and barricaded until the necessary
demolition or repair can be carried out.
PART V1
FIRE DAMAGED BUILDING
6.01
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 for those services
that are required for the security and maintenance of the property.
6.02
The owner of the fire-damaged building shall restore the building or to meet the
requirements of Parts III, IV, V, VI, and VII of this By-law.
6.03
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 prior to occupancy.
PART VII
DEMOLITION
7.01
Where a building, accessory building, fence or other structure is demolished, the
property shall be cleared of all rubbish, waste, debris, refuse, masonry, and lumber
and left in a graded and leveled condition.
7.02
Where a building, accessory building, fence or other structure is being demolished,
every precaution shall be taken to protect the adjoining property and members of
the public. The precautions to be taken include the erection of fences, barricades,
covered walkways for pedestrians and any other means of protection necessary for
the protection of the adjoining property and members of the public.
7.03
Prior to demolishing any building, other than farm building, a Demolition Permit
must first be obtained from the Chief Building Official.
PART VIII
NON-RESIDENTIAL PROPERTY STANDARDS
8.01 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
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trades concerned. All new construction or repairs shall conform to the Ontario
Building Code where applicable.
YARDS
8.02 The yards of non-residential property shall be maintained to the standards as
described in Part II, Article 2.02 of this By-Law.
8.03 The warehousing or storage of materials 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 ft.) in height and maintained in good repair.
PARKING AREAS, AND DRIVEWAYS
8.04 All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair
free of dirt and litter. Notwithstanding the foregoing, non-residential properties
which abut residential properties, all areas used for vehicular traffic, parking
spaces shall have a surface covering of asphalt, or similar hard surface.
8.05 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.
STRUCTURAL SOUNDNESS
8.06 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 is may be subjected through normal use, having a level of safety required by
the Ontario Building Code. Structural members or materials that have been
damaged or indicate evidence of deterioration shall be repaired or replaced.
8.07 Walls, roofs, and other exterior parts of a building or structure shall be free from
loose or improperly secured objects or materials.
EXTERIOR WALLS
8.08 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 must be applied and maintained so
as to prevent deterioration due to weather conditions, insects or other damage.
8.09
Exterior walls of a building or a structure and their components, shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
GUARDRAILS
8.10
A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or a
height of 600 mm (24 inches) between adjacent levels. A handrail shall be
installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches, and
balconies. Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
LIGHTING
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8.11
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 Occupations Health and Safety Act for
industrial and commercial properties. However, lighting shall not be positioned so
as to cause any impairment of use or enjoyment of neighbouring properties.
PART IX
ADMINISTRATION AND ENFORCEMENT
9.01 This By-Law shall apply to all property within the limits of the municipality.
9.02
The imperial measurements contained in this By-Law are given for reference only.
OFFICERS
9.03
The Council of the municipality shall appoint a Property Standards Officer(s) to be
responsible for the administration and enforcement of this By-Law.
9.04
Persons appointed or assigned for the purposes of enforcing or administering this
By-law are property standards officers, and have the authority to carry out the
duties assigned to officers under this By-law and the Building Code Act, and may
enforce the provisions of this By-law and the applicable sections of the Building
Code Act.
9.05
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 Act, 1992, so as to provide for:
a.
repair of the property; or
b.
clearing of all buildings, structures or debris from the site and the leaving
of the site in a graded and leveled condition, under the provisions of the
Procurement Policy.
9.06
Where approved by the Chief building Official, a Property Standards Officer may
permit the maintenance of property to alternate standards required by any
provision of this By-law.
9.07
The alternate standards shall be in accordance with the general purpose and intent
of this By-law.
9.08
Where alternate standards are permitted, they shall have the same effect and force
as standards required by any provision of this By-law.
9.09
Upon completion of the work, repairs or demolition by or on behalf of the
municipality, the municipality shall have a lien on the land for the amount spent on
the repair or demolition, and the amount shall be deemed to be municipal real
property taxes and may be added by the Clerk of the municipality to the tax roll
and collected in the same manner and with the same priority as municipal real
property taxes as provided for by statute.
PART X
RIGHT TO ENTER AND INSPECT
10.01 Where a By-law under Section 15.1 of the Building Code Act, 1992 is in effect, an
officer acting under this By-law or any person acting under his or her instructions
may at any reasonable time, and upon producing proper identification, enter upon
any property without a warrant for the purpose of inspecting the property to
determine:
a. whether the property conforms with the standards prescribed in the By-law; or
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b. whether an order made under this By-law has been complied with.
10.02 Notwithstanding the above, a Property Standards Officer shall not enter or remain
in any room or place actually used as a dwelling unless:
a. the consent of the occupier is obtained, first having informed the occupier that
the right of entry may be refused and entry made only under the authority of a
warrant issued under the Building Code Act, 1992;
b. the delay necessary to obtain a warrant or consent of the occupier would result
in an immediate danger to the health and safety of any person;
c. a warrant issued under the Building Code Act, 1992 is obtained; or
d. the entry is necessary to repair or demolish the property in accordance with an
Order issued under this By-law and the Officer, within a reasonable time
before entering the room or place, serves the occupier with the Notice of the
Officer's intention to enter the room or place, serves the occupier with the
Notice of the Officer's intention to enter the room or place.
PART XI
PROPERTY STANDARDS COMMITTEE
11.01 Council shall appoint at large, by a Resolution, (or By-Law) of Council no fewer
than three (3) persons of the municipality to the Property Standards Committee for
a term of office concurrent with Council.
11.02 Each member of the Property Standards Committee, appointed by Council, shall
be entitled to an honorarium of $0.00 per day or $0.00 per meeting for their
attendance at Committee meetings.
11.03 Every person who initiates an appeal of an Order made under section 15.2 (2) of
the Ontario Building Code Act, S.O. 1992, c23, shall submit a Notice of Appeal in
the time frame and manner as prescribed in section 15.3 (1) of the Act. All notices
of Appeal shall be accompanied by a non-refundable payment as defined in the
Miscellaneous User Fee By-law.
PART XII
NOTICE OF VIOLATION
12.01 If, after inspection, an officer is satisfied that in some respect the property does not
conform with the standards, he or she may issue an order to the owner and such
other persons affected by it as the Property Standards Officer determines and a
copy of the order may be posted on the property.
12.02 An order under this By-law shall:
a.
state the municipal address or the legal description of the property;
b.
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;
c.
indicate the time for complying with the terms and conditions of the order
and give 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;
d.
indicate the final date for giving notice of appeal from the order; and
e.
be served or cause to be served,
15
i)
by personal service; or
ii)
by prepaid registered mail sent to the last known address of the
person to whom notice is to be given or to that person's agent for
service.
12.03 If the Property Standards Officer is unable to effect service under Section 12.02,
he/she shall place a placard containing the terms of the order in a conspicuous
place on the property and the placing of the placard shall be deemed as sufficient
service of the order on the owner or other persons.
12.04 Despite any other provision of this By-law, if upon inspection of a property, the
Property Standards Officer is satisfied there is non-conformity with the standards
prescribed herein to such extent as to pose an immediate danger to the health or
safety of any person, the officer may make an order containing particulars of the
non-conformity and requiring remedial repairs or other necessary work to be
carried out forthwith to terminate the danger in accordance with Section 15.7 of
the Building Code Act.
PART XIII
APPEAR OF ORDER
13.01 An owner or occupant who has been served with an order made under this By-law,
and who is not satisfied with the terms or conditions of the order, may appeal to
the Property Standards committee by sending a notice of appeal by registered mail
to the Secretary of the Committee within fourteen (14) days after being served
with the order.
13.02 An order that is not appealed within the time referred to in Section 13.01 above is
deemed to be confirmed.
13.03 If an appeal is taken, the Committee shall hear the appeal and shall have all the
powers and functions of the officer who made the order and may,
a.
confirm, modify, or rescind the order to demolish or repair;
b.
extend the time for complying with the order if, in the Committee's
opinion, the general intent and purpose of the By-law and of the Office
Plan or policy statement are maintained.
13.04 The municipality in which the property is situated or any owner or occupant or
person affected by a decision under Section13.03 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
(14) days after sending a copy of the decision.
13.05 A Judge of the Superior Court of Justice shall appoint, in writing, a time and place
for the hearing of the appeal and may direct in the appointment the manner in
which and upon whom the appointment is to be served.
13.06 On the appeal, the Judge has the same powers and functions as the Committee.
13.07 An order that is deemed to be confirmed or modified by the Committee or Judge
shall be final and binding upon the owner and occupant who shall carry out the
repair or demolition within the time and in the manner specified in the order.
PART XIV
REGISTRATION OR ORDER
14.01 An order that a property does not conform with any standards of this By-law may
be registered in the Land Registry or Land Titles Office and, upon such
registration, any person acquiring any interest in the land subsequent to the
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registration of the order shall be deemed to have been served with the order on the
day, which the order was served.
14.02 Where the Chief Building Official or an Officer determines there is compliance
under this By-law with an order issued, the Clerk of the Municipality shall arrange
for the register in the Land Registry or Land Titles Office, a certificate that such
requirements have been satisfied, which shall operate as a discharge of such order.
PART XV
P0WER OF MUNICIPALITY TO REPAIR OR DEMOLISH
15.01 If the owner or occupant of a property fails to repair or to demolish the property in
accordance with an order as confirmed or modified, the Municipality, in addition
to all other remedies:
a.
may repair or demolish the property;
b.
may clear the site of all buildings, structures, or debris or refuse and leave
the site in a graded and leveled condition; or
c.
may make the site safe or impede entry by erecting fences, barricades or
barriers;
d.
shall not be liable to compensate such owners, occupants or another person
having interest in the property by reason of anything done by or on behalf
of the Town of Rainy River in a reasonable exercise of its power under the
provisions of this Part;
e.
may cause a prosecution to be brought against any person who is in breach
of such an order and upon conviction, such person shall forfeit and pay at
the discretion of the convicting Provincial Judge or Justice of the Peace
acting within his/her territorial jurisdiction, a penalty in accordance with
the provision of Section 36 of the Building Code Act, S.O. 1992, c. 32;
f.
shall have a lien on the land for the amount spent on the repairs or
demolition; and
g.
the amount shall be deemed to be municipal real taxes and shall be added
to the collector's roll and collected in the same manner and with the same
priorities as municipal real property taxes.
15.02 For the purpose of Section 15.01, Property Standards Officers and agents
employed by the Municipality may from time to time enter in and upon the
property.
PART XVI
CERTIFICATE OF COMPLIANCE
16.01 Every property owner may make an application to the Municipality for a certificate
of compliance by completing and signing an application on the form available at
the offices of the Chief Building Official and paying the applicable fee.
16.02 Where a property standards order has been registered, an owner or occupant may
apply for an inspection of the property in respect of the order and shall pay a fee
identified in the Miscellaneous User Fee By-law at the time of application.
PART XVII
PROHIBITION
17.01 No owner or occupant of property shall use, occupy, allow, permit or acquiesce in
the use or occupation of the property unless such property conforms to the
standards prescribed in this By-law.
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17.02 No person, being the owner, tenant or occupant of a property, shall fail to maintain
the property in conformity with the standards required in this By-law.
17.03 The owner of any property which does not conform to the standards in this By-law
shall repair and maintain the property to conform to the standards or shall clear the
property of all buildings, structures, debris or refuse and shall leave the property in
a graded leveled condition.
PART XVIII
RESPONSIBILITIES AND COMPLIANCE ORDERS
18.01 The owner or occupant of a property shall:
a.
Comply with all standards prescribed in this By-law;
b.
Comply with any final and binding order of the Property Standards Officer;
c.
Produce documents or things requested by the inspector for inspection as
relevant to the property or any part thereof, allow the removal of such
documents or things for the purpose of making copies, provide information
or assist in the collection of information from other persons concerning, a
matter related to the property or part thereof, allow entry by the inspector
or such persons as need to carry out an inspection or test or in aid thereof,
permit examination, tests, sampling or photographs necessary for the
purposes of an inspection or in aid thereof, and provide at their expense
when requested, tests and samples as are specified in an order, all as may
aid or assist in the carrying out of an inspection and determination of
compliance with this By-law and the relevant portions of the Building Code
Act.
d.
Ensure, that in complying under this By-law, that the property and
activities shall be kept and carried out in a condition and manner that
avoids conditions dangerous to the owner, occupants or visitors to the
property or which put at risk of injury or health such person and giving
adequate warning where such risks cannot be so avoided so as to allow
such persons to avoid the danger or risks.
18.02 A person affected by a property standards order may seek to have compliance with
an outstanding order determined by supplying such proof as may allow compliance
to be determined or permit or arrange for an inspection of the property by an
officer, and shall be liable to pay any applicable fees, charges or expenses.
18.03 Where the proof submitted in Section 18.02 is insufficient for the Officer to
determine the compliance of the property with the order or part of the order, the
person shall, subject to the Ontario Building Code, permit or arrange for a
reasonable and timely inspection by the Officer to determine compliance or that
the proof submitted confirms compliance.
PART XIX
OBSTRUCTION
19.01 No person shall obstruct or attempt to obstruct or interfere with, or attempt to
interfere with any Officer or other person, who is exercising a power or
performing a duty under this By-law.
a.
Without limiting section19.01, "Obstruct" includes:
i.
to hinder or mislead;
ii.
to knowingly provide false information or make a false claim or
statement;
18
iii.
to prevent, bar or delay or attempt to prevent, bar or delay any
person, including an Officer, from carrying out his or her duties or
exercising his or her direction;
iv.
to prevent bar or delay or attempt to prevent, bar or delay any
person, including an Officer, from carrying out his or her duties or
exercising his or her powers, including but not limited to the
removal of documents or things relevant to the inspection, or the
taking of any tests, samples or photographs necessary for the
purposes of the inspection;
v.
to prevent, bar or delay or attempt to prevent, bar or delay any
person, including an Officer, from exercising his or her authority
pursuant to an order issued by a Provincial Judge or Justice of the
Peace; and
vi.
to fail to provide, upon request by an Officer, any information,
documents or things relevant to an inspection.
19.02 Without limiting section 19.01, every person who is alleged to have contravened
any of the provisions of this By-law shall identify themselves to an Officer upon
request and failure to do so shall be deemed to have obstructed the Officer in the
execution of his or her duties contrary to the provisions of this By-law.
PART XX
PENALTIES
20.01 Subject to section 20.02 and 20.03 below, every person who contravenes any
provision of this By-law is guilty of an offence and is liable upon conviction to a
penalty in accordance with the Provincial Offences Act.
20.02 Every person who fails to comply with an order issued under this By-law which is
final and binding is guilty of an offence and upon conviction shall be liable to a
fine of not more than $50,000 for the first offence and to a fine of not more than
$100,000 for a subsequent offence.
20.03 If a corporation is convicted of the offence of failing to comply with an order
issued under this By-law, the maximum penalty that may be imposed on the
corporation is $100,000 for the first offence and $200,000 for any subsequent
offence.
PART XXI
VALIDITY
21.01 Should a court of competent jurisdiction declare a part or whole of any provision
of this By-law to be invalid or of no force and effect, the provision or part is
deemed severable from this By-law, and it is the intention of Council that the
remainder survive and be applied and enforced in accordance with its terms to the
extent possible under the law so as to protect the public by ensuring a minimum
standard for maintenance and occupancy is maintained.
21.02 Where a provision of this By-law conflicts with the provision of another By-law,
Act, or Regulation in force within the municipality, the provisions that establish
the higher standards to protect the health and safety of the persons shall prevail.
PART XXII
TRANSITIONAL RULES
22.01 After the date of the passing of this By-law, the Town of Rainy River By-law
1371-00, as amended, shall apply only to those properties in which an Order to
Comply has been issued prior to the date of passing of this By-law, and then only
to such properties until such time as the work required by such Order has been
19
completed or any enforcement proceedings with respect to such Order including
any demolition, clearance, or repair carried out by the municipality shall be
concluded.
22.02 In the recovery or enforcement of penalties and forfeitures incurred, or in any
other proceeding in relation to matters in respect of a property standards By-law of
any former area municipality, including the predecessor to By-laws mentioned in
section 23.01 below, the process may be continued and carried out under this By-
law.
PART XXIII
REPEAL
23.01 That By-law 1371-00 is hereby repealed.
PART XXIV
TITLE
24.01 This By-Law may be referred to as "The Property Standards By-Law."
PART XXV
ENACTMENT
25.01 This By-law comes into force and effect on the date of its passing.
READ THIS FIRST TIME in open Council this 9th day of July, 2018.
_______________________________
Mayor
_______________________________
Chief Administrative Officer
READ THIS SECOND TIME in open Council this 9th day of July, 2018.
_______________________________
Mayor
_______________________________
Chief Administrative Officer
READ THIS THIRD AND FINAL TIME in open Council 9th day of July, 2018.
_______________________________
Mayor
_______________________________
Chief Administrative Officer
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21
SCHEDULE I
CORPORATION OF THE TOWN OF RAINY RIVER
INFORMAL NOTICE
Date:
Issued to:
Dear Sir/Madam:
Re: (Description and location of property)
Be advised that on _________________ an inspection of your property, as noted above,
revealed certain violations of the Municipality's Property Standards By-Law No. 1688-18.
Schedule "A", attached hereto, sets out the work required to remedy such violation and to
bring the property into compliance with the By-Law.
Be advised that By-Law No. 1688-18 gives the municipality the authority to issue an
ORDER TO COMPLY pursuant to Section 15.2-(2), Ontario Building Code Act, S.O.
1992, c.23.
It is desired that you will comply with this informal notice that the aforementioned
procedural step will not be necessary.
A re-inspection of the property will take place on or about ________________ to
ascertain compliance.
Should you require further information pertaining to this matter please do not hesitate to
contact the undersigned during normal business hours.
__________________________
Property Standards Officer
*Note: An informal notice is not required under Provincial Statute. However, it may be
given as a courtesy.
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SCHEDULE II
CORPORATION OF THE TOWN OF RAINY RIVER
ORDER TO REMEDY VIOLATION OF STANDARDS
OF MAINTENANCE AND OCCUPANCY
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date:
Issued to:
Dear Sir/Madam:
Re: (Description and Location of Property in Violation)
WHEREAS on _______________ you were served with an Informal NOTICE that
required you to remedy certain violations of standards of maintenance and occupancy at
you property, described above.
AND WHEREAS you have failed to remedy the noted violation(s) as set out in Schedule
"A", attached hereto and which forms part of this ORDER.
THEREFORE, IT IS HEREBY CHARGED THAT the violation(s) as set our in
Schedule "A" be remedied and the property brought into a condition of compliance with
the prescribed standards as set out in the Property Standards By-Law No. 1688-18 on or
before _______________.
TAKE NOTICE that if such violations are not remedied within the time specified in this
order, the Municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served 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 fourteen (14) days
after service of the order and, in the event that no appeal is taken, the order shall be
deemed to have been confirmed.
FINAL DATE FOR APPEAL: ____________________
_________________________
Property Standards Officer
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SCHEDULE III
CORPORATION OF THE TOWN OF RAINY RIVER
ORDER TO REMEDY VIOLATION OF STANDARDS
OF MAINTENANCE AND OCCUPANCY
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date:
Issued to:
Dear Sir/Madam:
Re: (Description and Location of Property in Violation)
BE ADVISED that on ______________ an inspection of your property, as noted above,
revealed certain violations of the Municipality's Property Standards By-Law No. 1688-18.
The violation(s) are set out in Schedule "A", attached hereto, and forms part of this
ORDER.
IT IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be
remedied and the property brought into a condition of compliance with the prescribed
standards as set out in the Property Standards By-Law No. 1688-18 on or before:
TAKE NOTICE that if such violation(s) are not remedied within the time specified in
this order, the municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served 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 fourteen (14) days
after service of the order and, in the event that no appeal is taken, the order shall be
deemed to have been confirmed.
FINAL DATE FOR APPEAL: ____________________
_________________________
Property Standards Officer
*Note: Order provided with no informal notice issued.
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SCHEDULE IV
NOTICE OF APPEAL
TO PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.1 of the Ontario Building Code Act
Date:
To the Secretary
Property Standards Appeal Committee
Corporation of the Town of Rainy River
P.O. Box 488
Rainy River, Ontario
P0W 1L0
Re: Order to Remedy Violation of Standards of Maintenance and Occupancy at:
(description and location of property in violation)
TAKE NOTICE of the appeal of the undersigned to the Property Standards Appeal
Committee because of dissatisfaction with the above referenced order to remedy violation
of standards of maintenance and occupancy served upon the undersigned on
Name (Owner or agent):
Address:
Telephone Number:
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant whom an order has been served 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 fourteen days after service of
the order, and, in the event that no appeal is taken, the order shall be deemed to have been
confirmed.
The Building Code Act, S.O. 1992, Chapter 23, section 15.3(1)
25
SCHEDULE V
CORPORATION OF THE TOWN OF RAINY RI VER
SUBSTANDARD PROPERTY
Ontario Building Code Act, S.O. 1992, c.23
ORDER TO COMPLY
Re: Description and Location of Property in Violation
THIS PROPERTY has been found NOT to be in conformity with the Standards of
Maintenance and Occupancy established by this Municipality and as set out in the
Property Standards By-Law No. 1688-18.
SCHEDULE "A", attached hereto, sets out the work required to remedy such
violation(s) and to bring the property into compliance with the By-Law.
BE ADVISED THAT THIS PROPERTY MUST BE
MADE TO CONFORM WITH THE BY-LAW ON OR
BEFORE THE ___________ DAY OF _________, 20__.
Further information may be obtained at the Property Standards Office located at:
201 Atwood Avenue
Rainy River, Ontario
P0W 1L0
Dated at _______________, this _________ day of _____________, 20_____.
___________________________
Property Standards Officer