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PROPERTY STANDARDS BY-LAW
BY-LAW NUMBER 16-15
Passed by Council on the 30th day of March 2015.
Amendments:
By-Law Number
Date Passed
Section Amended
28-25
June 23, 2025
Part 1 - under Definitions"
that the following be amended
to include:
"HERITAGE PROPERTY
includes a Heritage Building
and a Building located in a
Heritage District Conservation
Area"
Section Repealed
Part 8 - repealed and
replaced.
Note: This consolidation is prepared for convenience only. For
accurate reference, the original by-laws should be reviewed.
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THE CORPORATION OF THE TOWNSHIP OF SCUGOG
BY-LAW NUMBER 16-15
BEING A BY-LAW FOR PRESCRIBING STANDARDS FOR
THE MAINTENANCE AND OCCUPANCY OF ALL PROPERTY
WITHIN THE TOWNSHIP OF SCUGOG AND REPEALING BY-LAW
NUMBER 136-07
WHEREAS subsection 15.1(3) of the Ontario Building Code Act, S.O. 1992, C.23, as
amended, authorizes a Municipality to pass a by-law 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 Township of Scugog has in effect an Official Plan that includes
provisions relating to Property Standards as provided in the Ontario Building Code Act,
S.O. 1992, c.23; (as amended);
AND WHEREAS the Council of the Corporation of the Township of Scugog deems it
necessary to pass a by-law under subsection 15.1(3) of the Ontario Building Code Act,
S.O. 1992, c.23; (as amended);
AND WHEREAS subsection 15.6(1) of the Ontario Building Code Act, S.O. 1992, c.23;
(as amended) requires that a by-law passed under subsection 15.1(3) shall provide for
the establishment of a Property Standards Committee;
AND WHEREAS Section 391 of the Municipal Act, 2001 S.O. 2001 c.25 allows for the
Municipality to pass a By-Law relating to fees and charges for services or activities
provided or done by or on behalf of the Municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF SCUGOG ENACTS THE FOLLOWING:
SHORT TITLE
This By-law may be referred to as the "Property Standards By-law".
INTERPRETATION
(1) It is the intent of this By-law that the provisions shall be interpreted to reasonably
control the maintenance and occupancy of all Property within the Township
of Scugog in a condition so as not to affect the enjoyment of the community,
and not to create any hazard for any Person within the Township.
(2) Where an Officer appointed to enforce this By-law is not satisfied that a
contravention of this By-law has occurred, the Officer shall not enforce the
provisions of the By-law.
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PART 1 - DEFINITIONS
In this By-law:
ACCESSORY BUILDING
Shall mean a detached Structure that is not used for human habitation and the use of
which is customarily incidental and subordinate to a primary use Building and located
on the same lot.
APPLIANCE
Shall mean, but is not limited to, a stove, a refrigerator, a freezer, a clothing washer,
clothing dryer, a dishwasher or a hot water tank.
APPROVED
Shall mean acceptance or approval by a Property Standards Officer, Committee or
Council.
BASEMENT
Shall mean that portion of a Building which is partly underground but which has at least
one-half of its height, from finished floor to the undersides of the floor joists of the next
above storey, above the adjacent average finished grade level adjacent to the exterior
walls of the Building.
BUILDING
Shall mean a Structure having a roof, supported by columns or walls or supported
directly on the foundation and used for the shelter or accommodation of Persons,
animals or goods.
BUILDING MATERIALS
Shall include but is not limited to: bricks, timber, blocks, stone, cement, concrete,
roofing materials, plaster, insulation, siding, wattle and daub. As well as any tools or
machinery used in the affixing, mixing, prepping, or completing of work.
CELLAR
Shall mean that portion of the Building which is partly or wholly underground and has
more than one-half of its height, from finished floor to the underside of the floor joists
of the storey next above, below the average finished grade level adjacent the exterior
walls of the Building.
COMMITTEE
Shall mean the Property Standards Committee appointed by the Council of the
Corporation of the Township of Scugog.
COMPOST HEAP
Shall mean a mixture of decaying organic matter used or intended to be used as
fertilizer.
COUNCIL
Shall mean the Council of the Corporation of the Township of Scugog.
DEBRIS
Includes, but is not limited to, any rubbish or material of any kind and without limiting
the generality of the foregoing shall include disused furniture, inoperative mechanical
equipment, automotive and mechanical parts, materials from construction or
demolition projects, discarded appliances, Inoperative Vehicles, and includes any
other thing deemed debris where no evidence to the contrary exists.
DESIGNATED TRAINING AREA
Shall mean an enclosed area authorized by the Council for the purposes of Fire
Department training.
DWELLING
Shall mean a Building or part of a Building, occupied or capable of being occupied, in
whole or in part, as the home, residence or sleeping place of one or more Persons
either continuously, permanently, temporarily or transiently.
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DWELLING UNIT
Shall mean a suite operated as a housekeeping unit, used or intended to be used by
one or more persons and usually containing cooking, eating, living, sleeping and
sanitary facilities.
FILL
Shall mean any type of material removed from, placed or dumped on lands and
includes soil, stone, concrete, asphalt, dirt, sod or turf, either singly or in combination.
FIRST STOREY
Shall mean 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.
GOOD REPAIR
Shall mean good working order and maintained in such a condition so as
to be free from any malfunction, danger or hazard and not unsightly by
reason of deterioration, damage or defacement.
GRAFFITI
Shall mean one or more letters, symbols or marks, howsoever made,
without approval of the Owner, that disfigure or deface a Property or an
object located thereon, but does not include a sign or a mural which has
been authorized by the Township of Scugog.
GROUND COVER
Shall mean organic or non-organic material applied to prevent the erosion
of the soil, including but not limited to concrete, flagstone, gravel, asphalt,
grass or other form of landscaping.
GUARD
Shall mean 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.
HABITABLE ROOM
Shall mean a room designed for living, sleeping, eating or food
preparation, including a den, library, sewing-room or enclosed sunroom
with a ceiling height of at least 2.13m (7ft).
HAND RAIL
Shall mean a narrow rail for holding as a support on stairs.
HERITAGE ATTRIBUTE
Shall mean in relation to real property, and to the buildings and Structures on the
real property, the attributes of the property, buildings and Structures that contribute to
their cultural heritage value or interest.
HERITAGE COMMITTEE
Shall mean the Heritage and Museum Advisory Committee or its successor whose
members have been appointed by the Council of the Corporation of the Township of
Scugog.
HERITAGE DISTRICT CONSERVATION AREA(S)
Shall mean any area or areas designated under Part V of the Ontario
Heritage Act, R.S.O. 1990 as a Heritage Conservation District.
HERITAGE BUILDING
Shall mean any Building designated under Part IV of the Ontario Heritage
Act, R.S.O. 1990 as a property of cultural heritage value or interest.
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HERITAGE PROPERTY *Amended by By-law 28-25
Includes a Heritage Building and a Building located in a Heritage District
Conservation Area
INOPERATIVE VEHICLE
Includes, but is not limited to, Vehicles or Motor Vehicles that, by reason of their
appearance, mechanical condition or lack of current plates and/or validation sticker,
appear to be inoperative.
IMMEDIATE
Shall mean a period of no longer than fourteen (14) consecutive days.
LAST KNOWN ADDRESS
Shall mean the address which appears on the Township of Scugog
Assessment Roll.
LONG GRASS
Shall mean weeds and grass in excess of 20 centimetres in height.
MEANS OF EGRESS
Shall mean 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.
MEDICAL OFFICER OF HEALTH
Shall mean the Medical Officer of Health with the Durham Regional Health
Unit, any successor thereof and his or her designate.
MOTOR VEHICLE
Shall have the same meaning as provided in the Highway Traffic Act.
MOULD
Shall mean but is not limited to a growth form of fungus.
MOULD REMEDIATION AND ABATEMENT
Shall mean a set of guidelines or Standards for the removal of Mould deemed to be an
industry standard.
MULTIPLE DWELLING
Shall mean a Building containing two (2) or more Dwelling Units.
NATURALIZED GROWING AREA
Shall mean an area such as wetlands, meadows, woodlots, valley lands
and other relatively undisturbed lands that are home to many different
plants and wildlife and may also include the green spaces and storm water
management ponds and other areas approved by Council.
NON-RESIDENTIAL PROPERTY
Shall mean a Building or part of a Building 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.
NOXIOUS WEED
Shall mean any weed classed as noxious by the Weed Control Act.
OCCUPANT
Shall mean any Person or Persons over the age of eighteen years in
possession of the Property.
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OFFICER
Shall mean a Person appointed as a Property Standards Officer by way of
by-law passed by Council.
ORDER
Shall mean an Order Requiring Compliance issued by an Officer in accordance with
the Ontario Building Code and this By-Law.
OWNER
Shall mean the Owner in-trust, a mortgagee in possession, or 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.
PERSON
Shall mean an individual, firm, corporation, association, partnership,
company or organization.
PROPERTY
Shall mean a Vacant Lot, Building, Structure and includes the lands and
premises appurtenant thereto and all fences, walkways, driveways,
parking areas and erections thereon.
REFUSE
Shall include but is not limited to: animal waste or excrement, domestic
garbage, grass cutting and leaves, hay, straw and manure, industrial
waste, sawdust or shavings, sewage and paper sludge, snow and ice, swill
or organic material, tree branches or roots, garden waste, earth or rock fill,
old or decayed wood products.
REPAIR
Shall mean the provision of such facilities and the making of additions or
alterations or the taking of such action as in restoring, renovating and
mending as may be required so that the Property shall conform to
Standards established in this By-law, or the Ontario Building Code,
whichever provides the greater provision of safety.
RESIDENTIAL PROPERTY
Shall mean any Property that is used or designed for human habitation.
SEWAGE SYSTEM
Shall mean 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.
STANDARDS
Shall mean the Standards of the physical condition and of occupancy
prescribed for Property by this By-law.
STRUCTURE
Shall mean anything constructed or erected, the use of which requires
location on the ground or attached to something having location on the
ground.
STRUCTUALLY SOUND
Shall mean construction capable of withstanding the forces acting thereon
when the Building or Structure is loaded in accordance with the provisions
of the Ontario Building Code and having a factor of safety equivalent to
that required by the Ontario Building Code.
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TOILET ROOM
Shall mean a room containing a toilet and a wash basin.
TOWNSHIP OF SCUGOG
Shall mean the Corporation of the Township of Scugog and/or the geographic limits of
the Township of Scugog as the context requires.
VEHICLE
Shall include a Motor Vehicle, trailer, traction engine, farm tractor, road
building machine, bicycle, boat, motorized snow vehicle, and any thing
drawn, propelled or driven by any kind of power, including muscular power.
WORKPLACE
Shall mean a Building or Structure or part thereof in which one or more
employees work, including, but not limited to, amenity areas, corridors,
elevators, foyers, hallways, laundry rooms, eating areas, lobbies, lounges,
meeting rooms, stairways and washrooms.
PART 2
GENERAL PROVISIONS
2.01 SCOPE
(1)
This By-law applies to all Properties within the Township of Scugog.
(2)
No Person, being the owner or occupant of a Property, shall fail to maintain
the Property in conformity with the Standards required in this By-law.
(3)
No Person shall occupy any Dwelling or Non-Residential Property where an
Occupancy Permit pursuant to the Ontario Building Code has not been issued
by the Township of Scugog.
(4)
The Owner of any Property, which does not conform to the Standards of this
By-law shall Repair and maintain such Property to conform to the Standards,
or shall clear the Property of all Buildings, Structures, Debris, or Refuse that
prevent access to or exit from the Property in the case of emergency, or other
safety or health hazard and shall leave the Property in a graded and levelled
condition.
(5)
Subsection (4) does not apply to a Heritage Building. A Heritage Building
which does not conform to the Standards of this By-law shall be Repaired
and maintained so that the Property conforms to the Standards.
(6)
All Repairs and maintenance of Property required by the Standards
prescribed in this By-law shall be carried out in a manner accepted as good
workmanship in the trades concerned and with materials suitable and
sufficient for the purpose.
(7)
All new construction, Repairs or demolition shall conform to the Ontario
Building Code, where applicable.
2.02 PROPERTY
(1) All Property shall be kept clean and free from:
(a) Debris and Refuse;
(b) objects or conditions that might create a health, fire, or accident hazard;
(c) Inoperative Vehicles and/or their component parts unless it is necessary
for the operation of a business enterprise lawfully situated on the
Property;
(d) Vehicles, Motor Vehicles or any of their component parts, whether
operational or not, shall not be stored even temporarily on any organic
area of any Property.
(e) Long Grass, Noxious Weeds, overgrown brush or undergrowth;
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(f) dead, decayed, or damaged trees, limbs, branches and other natural
growth;
(g) dilapidated, collapsed or partially constructed Buildings, or Structures;
(h) unprotected wells, deep ruts, or holes;
(i) injurious insects, termites or vermin and any condition which may
promote an infestation;
(j) any object or obstruction as to create an unsafe or unsightly condition.
(2)
Subsection (1) (e) does not apply to areas considered Naturalized Growing
Areas except for the presence of Noxious Weeds.
(3)
Subsection (1) does not apply to Inoperative Vehicles which are being
privately renovated, Repaired or restored by their Owner where such
Inoperative Vehicles do not exceed two (2) per Property, are not being stored
even temporarily on any organic area, are shielded from public view and are
not used for the storage of any materials.
2.03 SURFACE CONDITIONS
(1) Surface conditions of all Property shall be maintained so as to:
(a) provided suitable Ground Cover;
(b) kept free of Debris and Refuse;
(c) prevent the unnecessary ponding of storm water;
(d) prevent the erosion of soil;
(e) be in character with the neighbouring environment;
(f) prevent surface water run-off from entering Basements of Buildings on
the Property;
(g) prevent the purposeful direction of surface water run off to any other
Property;
(h) prevent accumulations of dust or dirt from spreading to neighbouring
Properties;
(i) provide for safe passage under normal use and weather conditions,
day or night.
2.04 OUTSIDE STORAGE OF MATERIALS- NO IMMEDIATE USE
(1)
No Building Materials other than that intended for immediate use on the
Property, shall be stored or allowed to remain in an exterior Property area.
2.05 LOT GRADING AND DRAINAGE
(1)
Where a Sewage System is installed, all sewage from the Property shall
be discharged into the Sewage System.
(2)
Water from roof runoff or a sump shall not be discharged or allowed to
migrate onto sidewalks, stairs, highways or onto any adjacent Property
except where approved by the Township of Scugog.
(3)
No fill shall be allowed to remain in an unlevelled state on any Property for
longer that thirty (30) days, unless the Property is:
(a) a construction site for which a Building Permit or Site Alteration Permit is
in effect;
(b) a Property being subdivided under a subdivision agreement with the
Township of Scugog.
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2.06 PARKING AREAS- WALKWAYS-DRIVEWAYS
(1)
Surface conditions of all areas used for Vehicle traffic, parking, and
walkways, shall be installed and maintained in a safe condition with non-
organic ground cover or other surface covering approved by the Township
of Scugog so as to:
(a) prevent ponding of storm water;
(b) not exhibit an unsightly appearance;
(c) be kept free of Debris
(d) be kept free of deep ruts and holes
(e) provide for safe passage under normal use and weather conditions, day
or night; and
(f) not to create a nuisance to other Properties.
(2)
Where speed bumps have been installed, they shall be distinctively
marked so as to be clearly visible to approaching pedestrian and vehicular
traffic.
(3)
Where any Vehicle is being parked or stored for any period of time, the
area where it is being parked or stored shall be maintained with proper
Ground Cover, including gravel, asphalt, and concrete, but does not
include, grass, dirt, or vegetation of any kind.
2.07 ACCESSORY BUILDINGS AND STRUCTURES
(1)
The foundations, walls, roofs, and all parts of Accessory Buildings shall
be:
(a) constructed with suitable materials;
(b) maintained in Good Repair;
(c) protected from deterioration by the application of paint or other suitable
protective material, and shall be of uniform colour unless the aesthetic
characteristics of said Structure are enhanced by the lack of such
material.
2.08 RETAINING WALL
(1)
All retaining walls, screen walls and ornamental walls shall be constructed
of durable material and shall be maintained in a Structurally Sound
condition
2.09 WELLS-CESSPOOLS-EXCAVATION
(1)
A well, cistern, cesspool, privy vault, pit, or excavation, shall be
permanently sealed, or secured by a fence, covering, or netting, unless it
is in active use, in which case it shall be secured by fencing with warning
signs until the use has ceased, whereupon they shall be sealed or secured
as required.
2.10 FENCES
(1)
A fence erected on a Property or separating adjoining Properties shall be
maintained:
(a) in accordance with the Township of Scugog Fence By-law, and any
amendments thereto;
(b) in Good Repair, free from loose or insufficiently secured, rotten, warped
or broken materials;
(c) in a safe and Structurally Sound condition so as to be capable of
sustaining safely its own weight together with any load to which it might
reasonably be subject to;
(d) free from dangerous objects; and
(e) reasonably plumb, unless specifically designed to be other than vertical.
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2.11 TOWER-GANTRIES-MASTS-ANTENNAE
(1)
Towers, gantries, masts, antennae and similar Structures and any
attachment thereto, including flags and flag poles, shall be maintained:
(a) reasonably plumb, unless specifically designed to be other than vertical;
(b) in Good Repair, not to create an unsightly condition;
(c) in a safe and Structurally Sound condition.
2.12 SIGNS
(1)
A sign and any Structure connected therewith shall be installed and
maintained:
(a) in accordance with the Township of Scugog Sign By-law, and any
amendments thereto;
(b) in Good Repair without any visible deterioration when viewed from any
Property other than the Property on which the sign is situated;
(c) in a safe and Structurally Sound condition;
(d) in a reasonably vertical plane unless otherwise approved by the
Township of Scugog.
(2)
Any unused, discarded, or outdated sign, including its Structure shall be
removed from the Property or shall be stored within a Building so as not to
be seen by the public.
2.13 GARBAGE DISPOSAL
(1)
Every Building shall be provided with sufficient and proper receptacles to
contain all Debris which accumulates on the Property.
(2)
Proper Receptacles shall be placed for collection in compliance with the
Region of Durham Waste Management Program and not allowed to
accumulate for longer than fourteen (14) days.
(3)
All garbage receptacles shall be:
(a) made of watertight construction;
(b) provided with a tight fitting cover, which may be removed only when the
receptacle is being actively loaded or cleaned;
(c) maintained in good condition without holes or pillage;
(d) emptied, cleaned, rinsed, and closed when not in use, to prevent the
escape of offensive odour or waste;
(e) stored in an area which is screened from public view.
(3)
An abandoned or inoperative Appliance shall not be left in common view
unless it is awaiting removal, with its doors removed or securely fastened
shut.
(4)
A Compost Heap shall be permitted provided that it is no larger than one
and one half cubic meters (1.5m3) in size, is enclosed on all sides and is
maintained in a neat and odour free condition.
(5)
The accumulation or storage of garbage, Debris, Appliances, or furniture
in public view, hallways or stairways shall not be permitted.
2.14 SNOW REMOVAL
(1)
The following subsections apply to all Multiple Dwellings and commercial,
industrial, and institutional Property that the general public has access to:
(a) all ramps and access routes leading to garages shall be kept free from
accumulations of snow and ice at all times;
(b) all walkways and access routes to and from Buildings shall be kept free
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from accumulations of snow and ice at all times;
(c) all exterior parking areas, including driveways and laneways, shall be
kept free from accumulations of snow and ice at all times.
(2)
A Property owner shall cause any snow disposal site or a snow storage
site on that Property to be:
(a) maintained so as not to cause a hazard on the Property, or adjacent
highway;
(b) maintained in such a manner and location on a Property so as to prevent
a hazard, flooding, erosion, and other damage to neighbouring
Properties.
2.15 GRAFFITI
(1)
All Property shall be kept clean of Graffiti, and all other wordings, symbols,
or depictions that are not in character with the neighbouring environment.
2.16 SWIMMING POOLS
(1)
Every swimming pool, wading pool, hot tub and ornamental ponds shall be
maintained:
(a) in a clean and safe condition free from health and safety hazards;
(b) free from leaks and faulty components and equipment;
(c) so that the water in the pool is properly filtered and purified so as not to
present a health hazard.
(2)
Every swimming pool, wading pool, hot tub and ornamental pond while
not in use shall be covered and treated to prevent stagnation of water
and breeding of mosquitoes.
(3)
Derelict or abandoned swimming pools, wading pools, hot tubs and
ornamental ponds shall be drained and removed or filled in and the land
left in a graded and levelled condition, as per the Township of Scugog
Site Alteration By-law.
(4)
No Owner shall allow water from a swimming pool, wading pool, hot tub
and ornamental pond to drain or migrate onto sidewalks, stairs, highways
or onto any adjacent Property except where approved by the Township
of Scugog.
PART 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL SOUNDNESS
(1)
Every part of a Property shall be maintained in Good Repair and in a
Structurally Sound condition so as to:
(a) be capable of sustaining safely its own weight, and any additional load to
which it may normally be subjected;
(b) prevent the entry of moisture that would contribute to damage, fungi,
decay or deterioration;
(c) meet all requirements of the Ontario Building Code
3.02 FOUNDATIONS WALLS-BASEMENTS
(1)
All foundation walls and the Basement, Cellar, or crawl space floors shall
be maintained in Good Repair and Structurally Sound as to:
(a) prevent the entrance of insects, and rodents;
(b) prevent the entrance of exterior water.
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3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONARY
(1)
All exterior walls and surfaces of every Building or Structure shall be
sound, plumb, and weather tight, free from loose or unsecured objects and
maintained in a state of Good Repair free from cracked or broken masonry,
defective or deteriorated wood, metal siding or trim, cracked, broken, or
loose stucco, and loose and/or unsecured objects.
(2)
All exterior walls and surfaces shall be covered and maintained with paint
or other suitable preservative or coating and maintained so as to prevent
deterioration due to weather conditions, insects or other damage.
(3)
Exterior walls of a Dwelling and their components shall be free of
inappropriate signs, painted slogans, Graffiti and similar defacements.
3.04 WINDOWS AND DOORS
(1)
Windows, doors, skylights, attic, Basement or Cellar hatchways shall be
maintained in Good Repair, in a safe condition and shall be of such
condition so as to reasonably prevent the entrance of wind, snow, or rain
into the Building and to minimize heat loss.
(2)
Where screening is provided on windows and doors it shall also be
maintained in Good Repair.
(3)
All entrance doors and windows in every Dwelling Unit shall have hardware
so as to be capable of being locked from the inside, with at least one
entrance door being capable of being locked from the inside and outside
of the Dwelling Unit.
(4)
All windows capable of being opened shall be equipped with a screen to
prevent the passage of insects or rodents and the screen shall be
maintained in Good Repair.
(5)
Solid core doors shall be provided for all entrances to Dwellings and
Dwelling Units.
(6)
Every window in a leased Dwelling Unit that is located above the First
Storey of the Dwelling shall be equipped with an approved safety device
that will prevent any part of the window from opening greater than would
permit the passage of a 100 mm 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.
3.04 ROOFS AND EAVES
(1)
Every roof, and all of its components shall be maintained in Good Repair
and in a safe and Structurally Sound condition.
(2)
Without restricting the generality of Subsection (1), every roof shall be
kept:
(a) free from loose, unsecured, or rusted objects or materials;
(b) free from dangerous accumulations of snow or ice;
(c) in a water-tight condition so as to prevent leakage of water into the
building.
(3) Where eaves troughing or roof gutters are provided, they shall be kept in
Good Repair, free from obstructions and properly secured to the Building.
(4) Where eaves troughing or roof gutters have been removed, or are missing,
they shall be replaced in a manner accepted as good workmanship in the
trade concerned and with materials suitable and sufficient for the purpose.
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3.05 CHIMNEY FLUES
(1)
Chimneys, vent pipes, smoke stacks, flues, ducts, and other similar
equipment shall be constructed, installed, and maintained free from
obstruction and shall prevent:
(a) the entrance of smoke or gases into a building;
(b) the heating of adjacent combustible materials, walls and structural
members to unsafe temperatures;
(c) fire, health and other hazards;
(d) the leaking of water into the Building.
(2)
Any fuel burning equipment used in a building shall be properly vented to
the exterior by means of an approved smoke pipe, vent pipe or chimney
as per the Ontario Building Code.
3.06 GUARDS-HANDRAILS
(1)
A Guard shall be installed and maintained in Good Repair on the open side
of any stairway, porch, balconey or ramp containing three (3) or more
risers including the landing or a height of 600mm (24 inches) between
adjacent levels.
(2)
A Handrail shall be installed and maintained in Good Repair in all
stairwells.
(3)
A Guard shall be installed and maintained in Good Repair around all
landings, porches, and balconies.
(4)
All Guards, Handrails, stairways, fire escapes, balconies, landings and
porches and similar appurtenances shall be:
(a) maintained in Good Repair;
(b) properly anchored so as to be kept in a safe and secured condition;
(c) constructed and maintained in a rigid nature;
(d) structurally capable of supporting the loads imposed through their normal
use;
(e) protected from decay by the application of paint or other suitable
preservative as necessary.
PART 4
INTERIOR OF BUILDINGS, STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
(1)
In every Building, all structural components, including but not limited to all
joists, beams, studding, and roof rafters, shall be of sound material and
adequate for the load to which they are subjected.
4.02 WALLS-CEILINGS
(1)
Every interior surface and finish, of walls and ceilings shall be maintained:
(a) in Good Repair;
(b) in a reasonably smooth, hygienic, tight and easy to clean state;
(c) free of holes, cracks, loose plaster or other material;
(d) in a safe condition;
(e) so as to possess the fire resistant Properties required by the Ontario
Building and Fire Codes.
(2)
In any bathroom the walls to a height of forty-two (42) inches above a
bathtub equipped with a shower or six (6) feet above the floor of a shower
stall, shall be maintained as to be water proof and readily cleaned.
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4.03 FLOORS
(1)
Every floor shall be smooth, level and maintained so as to be free of all
loose, warped, protruding, broken or rotted boards that may create an
unsafe condition.
(2)
Where a floor covering has become worn or torn so that it retains dirt or
may create an unsafe condition, the floor covering shall be Repaired or
replaced.
(3)
Every floor in a bathroom, kitchen, laundry room, shower and Toilet Room,
shall be maintained so as to be impervious to water and easy to clean.
(4)
Every Cellar and Basement shall have a floor of concrete or other material
acceptable under the provisions of the Ontario Building Code, to ensure
water drainage and guard against the entry of vermin.
4.04 STAIRS-HANDRAILS-GUARDS
(1)
Every interior or exterior stair and every porch or landing appurtenant to it
shall be maintained so as to be free of holes, cracks and other defects
which may constitute an accident hazard.
(2)
All Guards, Handrails, stairways, fire escape, balconies, landings, porches
and the like shall be:
(a) maintained in Good Repair so as to be free of holes and other defects
which constitute accident hazards;
(b) properly anchored so as to be kept in a safe and secure condition;
(c) Structurally Sound for the loads imposed through their normal use;
(d) protected from decay by the application of paint or other suitable
preservative as necessary.
(3)
Handrails shall be installed and maintained in Good Repair on all interior
stairs that have more than 2 risers.
4.05 ELEVATING DEVICES
(1)
All elevating devices including elevators, dumb-waiters, hoists, escalators,
incline lifts and other elevating devices, and all associated mechanical and
electrical equipment, lighting fixtures, lamps, elevator buttons, floor
indicators, ventilation fans and emergency communication systems shall
be installed and maintained:
(a) in Good Repair;
(b) in a safe condition.
4.06 EGRESS
(1)
Every Building and Dwelling Unit shall have a safe, continuous and
unobstructed passage from the interior to the exterior of the Building at
street or grade level.
(2)
Exterior stairs and fire escapes shall be maintained in Good Repair and
kept free of ice and snow.
(3)
The passage required as egress from one Dwelling Unit shall not pass
through any other Dwelling Unit.
(4)
When installed in a Multiple Dwelling, a voice communication unit working
in conjunction with a security locking and release system controlling a
particular entrance door, installed between individual Dwelling Units and a
secured entrance area, shall be maintained in good working order at all
times.
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(5)
Where a Non-Residential Property contains Dwelling Units located at other
than grade level, there shall be a secondary means of continuous and
unobstructed egress from such Dwelling Units.
(6)
All means of egress within a Non-Residential Property shall be:
(a) maintained free from all obstructions or impediments;
(b) provided with clear, unobstructed and readily visible exit signs, for every
required exit;
(c) provided with lighting facilities capable of illuminating the means of
egress to ensure the safe passage of Persons exiting the building.
(7)
All Non-Residential Property containing more than one non-residential 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 non-residential unit may be
through a vertically mounted casement window having an unobstructed
opening of not less than 1.067 by 0.558 meters, (42 x 22 inches) with a sill
height of not more that 0.914 meters, (36 inches), above the inside floor.
A single exit is permitted from a non-residential 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 unit not under the immediate control
of the Occupants of the unit.
4.07 HEATING
(1)
Every Residential Property shall have heating equipment capable of
maintaining a temperature of 21o Celsius (70o Fahrenheit).
(2)
It is the responsibility of the Owner that all heating and mechanical
systems, and their components be installed, operational and maintained in
Good Repair.
(3)
Only heating equipment approved for use by a recognized Standards and
testing authority shall be provided in a room used or intended for use for
sleeping purposes.
(4)
No rental Dwelling Unit shall be equipped with portable heating equipment
as the primary source of heat.
(5)
Solid fuel burning appliances shall conform to the Standards as set out in
the Ontario Building Code. Fireplaces and similar construction used or
capable of being used for burning fuels in open fires shall be connected to
approved chimneys and shall be installed so as not to create a fire hazard
to nearby or adjacent combustible materials and structural members.
(6)
If heating equipment burns solid or liquid fuel, a storage place or receptacle
for the fuel shall be provided in a safe place and maintained in a safe
condition.
4.08 ELECTRICAL
(1)
Every Building shall be wired for electricity and shall be connected to an
approved electrical supply system.
(2)
An adequate supply of electrical power shall be available in all occupied
parts of every Dwelling Unit and Building.
(3)
The connection to the Building and the system of circuits and outlets
distributing the electrical supply within the Building shall provide adequate
capacity for the use of the Building and such connections, circuits, wiring
and outlets along with any fuses, circuit breakers and other appurtenances
thereto shall be installed and maintained:
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(a) in Good Repair;
(b) in compliance with the respective requirements of the Electrical Safety
Code and Building Code;
(c) in a safe condition.
(4)
Extension cords are not permitted on a permanent basis.
4.09 VENTILATION
(1)
Adequate ventilation shall be provided to and maintained in all Buildings
and spaces within a Building, including kitchens, bathrooms, Toilet Rooms,
locker rooms and laundry rooms so as to prevent accumulations of heat,
dust, fumes, gases, and other contaminants which may create a fire,
explosion, toxic, or health hazard.
(2)
Every ventilation system shall be cleaned regularly and maintained in
Good Repair.
(3)
When an exterior opening is used or required for ventilation and is not
required to be protected by a door, window or similar closure, it shall be
protected with screens in accordance with this By-law.
(4)
Every Basement, Cellar, crawl space and attic shall be vented and such
vents shall be designed and maintained to prevent the entry of snow, rain,
rodents, and insects.
4.10 SEPARATIONS
(1)
Every Dwelling Unit shall be maintained and protected so as to prevent the
passage of noxious fumes and gases from part of the Building that is not
used for human habitation into other parts of the Dwelling Unit.
4.11 LIGHTING
(1)
Every stairway, exterior exit and entrance doorway, bathroom, Toilet
Room, kitchen, hall, Cellar, Basement, laundry, furnace room and non-
habitable work room shall have installed a permanent lighting fixture that
shall be maintained in Good Repair.
(2)
Lighting equipment shall be installed throughout every Property to provide
adequate illumination for the use of each space so as to provide safe
passage.
4.12 PLUMBING
(1)
All plumbing, plumbing fixtures and every connecting line to the Sewage
System shall be maintained in Good Repair and all water pipes and
appurtenances thereto shall be protected from freezing.
(2)
Plumbing systems on a Property shall be provided, installed, and
maintained:
(a) in compliance with the respective requirements of any applicable Act or
By-law;
(b) in Good Repair;
(c) in a safe condition.
(3)
Damage caused as a result of a plumbing fault or moisture accumulation
shall be promptly Repaired by the Owner in accordance with the Standards
of this by-law.
(4)
All plumbing fixtures shall be connected to the Sewage System through
water seal traps.
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4.13 WATER SUPPLY
(1)
Every Dwelling and every Building to which water is available under
pressure through piping shall be provided with:
(a) adequate supply of hot water with a temperature of at least 60o Celsius
(140o Fahrenheit);
(b) piping for hot and cold water connected to every kitchen fixture, every
wash basin, bathtub, shower, sink, and laundry areas;
(c) piping for cold water connected to every toilet and hose bib.
4.14 SEWAGE SYSTEM
(1)
Every plumbing fixture in every Building shall discharge the water, liquids
or sewage into drainage piping, which shall be connected to a municipal
Sewage System, or a system approved by the authority having jurisdiction
and in accordance with all applicable law.
(2)
Sewage or organic waste shall not be discharged to the surface of the
ground, but into a Sewage System where such system exists. Where a
Sewage System does not exist, sewage or organic waste shall be
disposed of in a manner according to the Ontario Building Code.
(3)
The land in the vicinity of a Sewage System shall be maintained in a
condition that will not cause damage to, or impair the functioning of the
Sewage System.
4.15 DISCONNECTED UTILITIES
(1)
Owners of Residential Property or any 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 Dwelling
Unit or Dwelling occupied by a tenant or lessee, except for such
reasonable period of time as may be necessary for the purpose of
Repairing or replacing said service or utility.
4.16 RODENT CONTROL
(1)
Every Property shall be maintained so as to be free from rodents and
conditions that may promote an infestation at all times.
4.17 MOULD
(1)
Every Owner or Occupant of a Dwelling or Workplace shall ensure that the
Dwelling or Workplace is free from visible colonies of Mould.
(2)
Once an accumulation of Mould is confirmed in a Dwelling or Workplace,
the Owner of the Dwelling or Workplace shall practice acceptable Mould
Remediation and Abatement to all effected areas.
(a) If, in the opinion of the Property Standards Officer, the mould
accumulation is excessive so as to cause a health hazard, the owner will
provide, at the owner's sole expense, a report prepared by a Certified Air
Quality Assessment professional, trained and knowledgeable in this field,
detailing mould spore samples and related air quality. The owner will
undertake the appropriate remediation outlined in the report. The Owner
will also provide a follow-up report, at their own expense, which confirms
that air quality levels consistent with a healthy environment have been
attained at the premises, to the satisfaction of the Property Standards
Officer.
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PART 5
RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
(1)
A non-habitable room shall not be used as a Habitable Room.
(2)
No kitchen shall be used as a bedroom.
(3)
The number of Occupants, residing on a permanent basis in an individual
Dwelling Unit, shall not exceed one Person for every nine (9) square
meters (97 square feet) of habitable floor area. For the purpose of
calculating habitable floor area any area with the minimum ceiling height
less than 2.13 meters (7 feet) shall not be considered as habitable.
(4) No room shall be used for sleeping purposes unless it has a minimum
width of two (2) meters (6.5 feet) and a floor area of at least seven (7)
square meters (75.3 square feet).
(5) No room shall be used for sleeping purposes by two (2) or more Persons
unless it has a floor area of at least four (4) square meters (43 square feet)
per Person.
(6)
No Basement or portion thereof shall be used as a Dwelling Unit, unless it
meets the following requirements:
(a) access to each Habitable Room shall be gained without passage through
a furnace room, boiler room or storage room;
(b) each Habitable Room shall comply with all the requirements for ingress
and egress;
(c) light, ventilation and ceiling height set out in this By-law;
(d) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(e) all relevant sections of the Ontario Fire Code.
5.02 TOILET AND BATHROOM FACILITIES
(1)
Every Dwelling Unit shall contain at least one (1) bathroom or Toilet Room
containing plumbing fixtures consisting of a minimum of one toilet, one
sink, and one bathtub or shower, and these fixtures will be maintained in
Good Repair.
(2)
Every required bathroom or Toilet Room shall be located within and
accessible from within the Dwelling Unit.
(3)
All bathrooms and Toilet Rooms shall be fully enclosed and maintained so
as to provide privacy for the occupant.
(4)
No toilet or urinal shall be located within a bedroom or a room that is used
for the preparation, cooking, storing or consumption of food.
(5)
Where a Toilet Room or bathroom is shared by Occupants of a 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.
5.03 KITCHENS
(1)
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) a suitable storage area;
(c) a counter or work area, exclusive of the sink, and covered with a material
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that is impervious to grease and water and is easily cleaned;
(d) a space provided for cooking and refrigeration Appliances including the
suitable electrical or gas connections.
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01 PROPERTY
(1)
Every Owner, and every Occupant in part of a Non-Residential Property
that is under their control, shall maintain said Property to the Standards as
described in Part 2 of this By-law and:
(a) in a sanitary and safe condition, free from Debris and Refuse including
such Debris and Refuse as may be left by customers or other members
of the general public and shall provide containers for the disposal of such
Debris or Refuse;
(b) free from objects and conditions which are health, safety hazards;
(2)
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 meters (6 feet) in height and
not greater than 2.6 meters (8.5 feet) and maintained in Good Repair. This
provision shall not apply to areas covered by a Site Plan Agreement.
6.02 LIGHTING
(1)
All Non-Residential Properties shall install and maintain sufficient
windows, skylights, and lighting fixtures necessary for the safety of all
Persons attending the premises.
(2)
No lighting shall be positioned so as to cause any impairment of the use
or enjoyment of neighbouring Properties.
6.03 DISCONNECTED UTILITIES
(1)
Owners of Non-Residential Properties or any Persons acting on behalf of
such Owner shall not disconnect or cause to be disconnected any service
or utility supplying heat, electricity, gas, or water to any non-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 or
replacing said service or utility.
6.04 SALVAGE YARDS
(1)
All salvage yards shall be licensed in accordance with all relevant by-laws.
(2)
All salvage yards shall be effectively screened from public view by a visual
barrier.
PART 7
VACANT-DAMAGED-DEMOLITION
7.01 VACANT LANDS
(1)
Vacant land shall be maintained to the Standards described in Part 2, of
this By-law.
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7.02 VACANT BUILDINGS
(1)
The Owner or agent of a vacant Building shall board up the Building to the
satisfaction of the Officer by covering all openings through which entry may
be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood
painted a colour compatible with the surrounding walls and securely
fastened to the building.
(2)
The Owner or agent of a vacant Building shall ensure that all utilities and
services are properly turned off or disconnected except for those services
that are required for the safety, security and maintenance of the Property.
7.03 FIRE OR OTHER DISASTER
(1)
In the event of fire or other disaster, measures shall be taken as soon as
possible to restore the damaged Building or Structure to a state of Good
Repair.
(2)
In the event the Building or Structure is beyond Repair, the land shall be
cleared of all remains and left in a graded, level and tidy condition.
7.04 DEMOLITION
(1)
Where a Building, Accessory Building, or Structure is demolished, the
Property shall be cleared of all Debris, Refuse, and other materials and left
in a graded and levelled condition.
(2)
Where a Building, Accessory Building, or 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 but are not
limited to the erection of fences, barricades, and covered walkways for
pedestrians.
(3)
Prior to demolishing any Building or Accessory Building a Demolition
Permit must first be obtained from the Chief Building Official.
PART 8
HERITAGE PROPERTIES
*Section 8 Repealed and Replaced by By-law 28-25
8.01
Minimum Maintenance Standards
(1) In addition to the minimum standards for the maintenance and occupancy
of property in the Township of Scugog as set out in this By-law, the owner or
occupant of any Heritage Property shall:
a) maintain, preserve and protect the Heritage Attributes so as to maintain
the character, visual and structural integrity of the building or structure;
and
b) maintain the property in a manner that will ensure the protection and
preservation of the Heritage Attributes.
(2) The minimum maintenance standards as set out above for Heritage
Property shall also apply to the elements, features or building components
including roofs, parapets, walls, floors, retaining walls, foundations and
independent interior structures and structural systems that hold up, support or
protect the Heritage Attributes and without which the Heritage Attributes may
be at risk.
(3) In addition to the minimum standards for maintenance and occupancy of
property set out elsewhere in this By-law, the owner of a Heritage Property
shall obtain a heritage permit from Council or designate prior to work being
performed under this By-law section.
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8.02
Repair and Replacement of Heritage Attributes
(1) Despite any other provision of this By-law, where a Heritage Attribute of a
Heritage Property can be repaired, the Heritage Attribute shall not be replaced
and shall be repaired:
a) in a manner that minimizes damage to the Heritage Attributes;
b) in a manner and technique that maintains the design, colour, texture,
grain or other distinctive features of the Heritage Attribute;
c) using the same types of material as the original and in keeping with the
design, colour, texture, grain and any other distinctive features of the
original; and
d) where the same types of material as the original are no longer
available, using alternative materials that replicate the design, colour,
texture, grain or other distinctive features and appearance of the
original material.
(2) Despite any other provision of this By-law, where a Heritage Attribute of a
Heritage Property cannot be repaired, the Heritage Attribute shall be replaced:
a) using the same types of material as the original;
b) in such a manner, as to replicate the design, colour, texture, grain and
other distinctive features and appearance of the Heritage Attribute; and
c) where the same types of material as the original are no longer
available, using alternative materials that replicate the design, colour,
texture, grain or other distinctive features and appearance of the
original material.
8.03
Clearing and Leveling of Heritage Properties
(1) Despite any other provision of this By-law, or the Building Code Act, 1992,
no building or structure identified as a Heritage Property may be altered or
cleared, including but not limited to removed, demolished or relocated except
in accordance with the Ontario Heritage Act.
(2) No order made under Section 15.2 of the Building Code Act, 1992 in
respect of a Heritage Property shall state that the site is to be cleared of all
buildings or structures and left in a graded and level condition. That part of an
order in respect of a Heritage Property that states that a site is to be cleared of
all buildings or structures and left in a graded and leveled condition is of no
force or effect.
8.04
Vacant Heritage Properties
(1) Notwithstanding the requirements of Section 7.02, the boarding is fastened
securely in a manner that minimizes damage to the Heritage Attributes,
minimizes visual impact and is reversible.
a) All boards shall be installed from the exterior and shall be fitted in a
watertight manner so that all exterior trim and cladding remains
uncovered and undamaged by the boarding.
b) 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 matt black
and the window frames and muntins shall be painted in a colour which
matches that of the original opening.
c) 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.
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(2) No window, door or other opening on a Heritage Property shall be secured
by brick or masonry units held in place by mortar unless required by the Chief
Building Official.
(3) Notwithstanding the requirements of Section 7.02, where a Heritage
Property remains vacant for a period of ninety (90) days or more, the Owner
shall maintain appropriate and necessary utilities to serve the Heritage
Property as required to provide, maintain and monitor proper heating and
ventilation to prevent damage to the Heritage Attributes caused by
environmental conditions.
(4) The exterior shall be maintained to prevent moisture penetration and
damage from the elements that may have adverse impact on any Heritage
Attributes.
(5) Subject to any applicable provisions of the Ontario Heritage Act, where the
minimum standard imposed by this section has, more than once, failed to stop
unauthorized entry, and further where the Owner's control, attendance or lack
of security measures to protect the heritage property suggests that a more
secure option be used, the Owner shall supply such measures, including
improved security of closures, as may be required by the Chief Building
Official or an Officer.
PART 9
SERVICE FEES
9.01
That the municipal service fees for the administration and enforcement of this
By-law shall be in accordance with the Township of Scugog Fees and Charges
By-Law as amended from time to time.
PART 10
ADMINISTRATION AND ENFORCEMENT
10.01 This By-law shall apply to all Property within the limits of the Township of
Scugog.
10.02 The imperial measurements contained in this By-law are given for reference
only.
10.03 This By-law shall be enforced on a written complaint basis only by an Officer.
10.04 OFFICERS
(1)
The Council of the Township of Scugog shall appoint an Officer(s)
responsible for the administration and enforcement of this By-law.
(2)
An Officer or any Person acting under his/her instructions may at
reasonable times and on producing proper identification, enter and inspect
any Property or Structure that is not a Dwelling at any reasonable time
without a warrant for the purpose of inspecting the Property to determine:
(a) whether the Property conforms with the Standards prescribed in this By-
Law; or
(b) whether an Order made under this By-Law has been complied with.
(3)
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 Ontario Building Code.
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10.05
ORDER TO COMPLY
(1)
Where an Officer finds that a Property does not conform to any of the
Standards prescribed in this By-law, the Officer 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, Structure and/or Debris and left
in a graded and levelled 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 Township of Scugog 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.
(2) An Order issued in accordance with article 10.05(1) shall be served on the
Owner of the Property and such other Persons affected by it as the Officer
determines. It shall be served personally and/or by registered mail sent to
the Last Known Address of the Person to whom the Order is being given.
Service shall be deemed to have been made on the fifth (5) day after the
mailing of the Order.
(3) Notwithstanding any other article of this By-Law, an Officer upon locating
any Property that does not comply to any provision or part thereof of this
By-Law and where such condition presents an immediate health, accident
or other safety hazard, the Officer may issue an Emergency Order to
Comply, pursuant to the provisions of the Ontario Building Code and a
written complaint is not required in order for such Order to be issued and
acted upon by the Officer.
10.06
CERTIFICATE OF COMPLIANCE
(1)
Where the Property, in the opinion of an Officer, complies with this By-Law,
an Officer may, at his/her discretion or upon request of the property owner
or authorized agent of the property owner, including applicable fees, issue
a Certificate of Compliance to the owner.
10.07
REGISTRATION OF ORDER
(1)
An Order made under article 10.05(1) may be registered in the 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 and, when the requirements of the Order
have been satisfied, the Clerk of the Township of Scugog 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.
10.08
PROPERTY STANDARDS COMMITTEE
(1)
There shall be and is hereby established a Property Standards Committee
consisting of no fewer than three (3) members, who shall be rate payers in
the municipality, appointed by a By-law to hold office for the term of
Council.
(2)
A member of Council or an employee of the Township of Scugog or of a
local board thereof is not eligible to be a member of the Property Standards
Committee.
(3)
The Property Standards Committee shall elect from among them a
Chairman and shall make provision for a Secretary, said Secretary being
an employee of the Municipality.
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(4)
The Secretary shall keep on file minutes and records of applications and
the decisions thereon, and all other official business of the Property
Standards Committee.
(5)
When the Owner or Occupant upon whom an Order has been served in
accordance with article 10.05(2) is not satisfied with the terms or conditions
of the Order, they 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 service of the Order.
(6)
In the event that no Notice to Appeal is received within fourteen (14) days
of service the Order shall be deemed final and binding.
(7)
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 (7) days and not more than thirty (30) 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 Property Standards
Committee members and the Officer.
(8)
Where an Appeal has been taken, the Property Standards 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
maintained.
10.09
APPEAL TO ONTARIO COURT
(1)
The Township of Scugog or any Owner or Occupant or other Person
affected by a decision of the Property Standards Committee may appeal
to the Superior Court of Justice by notifying the Clerk of the Township of
Scugog in writing and by applying to the court within fourteen (14) days
after a copy of the decision is sent.
(2)
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 the Persons upon whom the appointment is to be served.
(3)
On the appeal, the judge has the same powers and functions as the
Property Standards Committee.
10.10 REMEDIES
(1)
Every Owner or Occupant of a Property shall comply with a Property
Standards Order as confirmed or modified. Should the Owner or Occupant
fail to demolish or Repair the Property in accordance with an Order as
confirmed or modified, the Township of Scugog in addition to other
remedies:
(a) shall have the right to demolish 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;
(b) shall not be liable to compensate such Owner, Occupant or other Person
having interest in the Property by reason of anything done by or on behalf
of the Township of Scugog under the provisions of this article;
(c) 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 their territorial jurisdiction, a penalty in
accordance with the provisions of section 36 of the Ontario Building Code
Act, SO. 1992, c.23.
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(2) Where any Person fails to comply with a Property Standards Order, the
municipality may cause the required work to be done at the cost of the
Person. The cost of such work may be recovered by legal action or by
adding the costs including an administration fee as levied in the Fees and
Charges By-law, as amended from time to time, to the tax roll and
collecting it in the same manner as Property taxes.
10.11 PENALTY
(1)
Any Person who fails to comply with an Order that is final and binding
under this By-law is guilty of an offence under Section 36(1) of the Ontario
Building Code Act, 1992 and is liable to a penalty or penalties as set out
in Section 36 of that Act.
10.12 TRANSITION
(1)
After the date of the passing of this By-Law, By-Law 136-07 shall only
apply to those Properties in which an Order has been issued 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 completed or any enforcement
proceedings with respect to such Order including any demolition,
clearance or Repair carried out by the Township of Scugog shall have
been concluded.
10.13
VALIDITY
(1)
If an article of this By-law is for any reason held to be invalid, by a court of
competent jurisdiction the remaining articles shall remain in effect until
repealed.
(2)
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.
(3)
This By-law shall come into force and effect upon the date of its final
passage subject to section 10.13.
10.14
REPEAL OF EXISTING BY-LAW
(1) By-law 136-07 and any amendments made thereto are hereby repealed
subject to section 10.13.
(2) Read a First, Second and Third time and finally passed this 30th day of
March, 2015.
_____________________________
MAYOR, Thomas R. Rowett
_____________________________
CLERK, Christopher Harris