By-Law 2022-20: Property Standards
South Dundas, Ontario
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THE MUNICIPALITY OF SOUTH DUNDAS
BY~LAW NO. 2022~20
A By~law to provide standards for the maintenance and occupancy
of property.
WHEREAS Section 15.1(3) of the Building Code Act, 1992, as amendments
thereto, provide that a Council of a Municipality may pass by~laws;
AND WHEREAS Council of the Municipality of South Dundas deems it
desirable to establish standards for the maintenance and occupancy of
certain buildings and properties, so that owners and occupiers establish and
maintain
minimum standards for persons who may live at, attend, or
otherwise be affected by the condition of buildings and properties;
AND WHEREAS fees and charges may be imposed under the authority of
the Municipal Act, 2001, as amended, and the Building Code Act, 1992, as
amended,;
NOW THERFORE the Council of the Corporation of the Municipality of South
Dundas hereby enacts as follows:
1.
Short Title
1.1
This By~law may be cited as the "Property Standards By~law."
2.
Definitions
2.1
Definitions for the By~law include:
"Accessory Building" means a detached subordinate building that,
a) Is devoted exclusively to a use normally incidental to the main use of
the property;
b) Is not used for human habitation;
c) Is on the same lot as the main building, and an accessory building
includes a farm building.
"Adequate" means equal or amounting to what is sufficient, fitting, suitable,
or equal to what is required.
"Approved" means acceptance by the authority having jurisdiction.
"Basement" means the portion of a building between two (2) floor levels,
which is partly underground and which has at least one~half of its height
from finished floor to the underside of the first floor joists above the average
finished grade level adjacent to the exterior walls of the building.
"Building" means
a structure occupying an area greater than ten (10)
square meters consisting of a wall, roof and floor or any of them or a
structural system serving the function thereof including all plumbing, words,
fixtures and service systems appurtenant thereto, and includes:
(a)
a structure occupying an area of ten (10) square meters or less
that contains plumbing,
including the plumbing appurtenant
thereto;
(b)
plumbing not located in a structure such as a sewage system;
or,
(c)
structures designated in the Building Code.
"Building Code" means the regulation made under Section 34 of the
Building Code Act, 1992, S.0. 1992, c.23, and amended.
"Building Code Act" means the Ontario Building Code Act, 1992, S.0. 1992,
c.23, as amended.
"Bathroom" means a group of plumbing fixtures installed in the same room,
consisting of a water closet or wash basin and either one bathtub or shower.
"Cellar" means that portion of a building between two (2) floor levels, which
is partly underground and which has more than one~half its height from
finished floor to the underside of the first floor joists below the average
finished grade level adjacent to the exterior walls of the building;
"Chief Building
Official"
means
the
Chief
Building
Official
of
the
Municipality of South Dundas or an authorized representative.
"Commercial Container" means a receptacle,
a) used for the storage and collection of garbage, refuse and trade
waste; or,
b) designed to permit it being emptied by a forklift packer vehicle.
"Committee" means the Property Standards Committee established under
this By~law.
"Council" means the Council of the Corporation of the Municipality of South
Dundas.
"Crawl Space" means an enclosed space between the underside of a floor
assembly and the ground cover directly below, with a clearance less than
1.8 meters (5ft, 11in) in height.
"Debris" includes but is not limited to garbage, refuse, rubbish, or wrecked,
decayed,
dilapidated,
or inoperative vehicles
or machinery,
and
parts
thereof.
"Demolish" means the clearing of all buildings and structures and the
clearing of debris or refuse and the grading
or leveling of the lands
thereunder.
"Dwelling" means a building or structure, or any part of it, occupied or
capable of being occupied, in part, for the purpose of human habitation and
includes a dwelling unit and a building that would be used for this purpose
except for its state of disrepair.
"Dwelling Unit" means a suite operated as a single housekeeping unit, used
or intended to be used as a domicile by one (1) or more persons and usually
containing cooking, eating, living, sleeping, and sanitary facilities.
"Farm Building" means a building or part thereof which does not contain a
dwelling unit and which is associated with and located on land devoted to
the practice of farming, and used primarily for the housing of farming
equipment or livestock, or for the production, storage or processing of
agricultural and horticultural produce or feed.
"Fence" means any freestanding structure, screen, wall, or barrier other
than building, erected at grade for the purpose of delineating the boundaries
of a property, restricting ingress to or egress from a property, providing
security or protection to property, and does not include a hedge.
"Fire Code" means the
regulation
made
under the Fire Protection
&
Prevention Act, 1997.
"Floor Area" means the maximum area contained within the outside walls
of a building or within the walls of a room, as the case may be.
"Grade" means the average level of proposed or finished ground adjoining
a building at all exterior walls.
"Ground Cover" means any suitable material applied to the ground to
prevent the erosion of soil and includes concrete, flagstone, gravel, asphalt,
grass or other similar materials.
"Guard" means a protective barrier, with or without openings through it,
that is around openings in floors or at the open sides of stairs, landings,
balconies, mezzanines, galleries, raised walkways or locations to prevent
accidental falls from one level to another.
"Habitable Room" means any room in a dwelling or dwelling unit used or
intended to be used for living, eating, sleeping, or cooking, and without
limiting the foregoing shall include a den, library, sunroom or recreational
room or any combination thereof.
"Handrail" means the hand support along the edge of stairs or steps.
_
"Inspector" means a property standards officer, building inspector, or any
other person appointed to enforce this By~law, and includes the term Officer.
"Maintenance" means the preservation and repair of a property.
"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 usually located outside a building.
"Municipality/Corporation" means the Corporation of the Municipality of
_ South Dundas or the geographic area of the Municipality of South Dundas as
the context requires.
"Multiple Dwelling" means a building containing two (2) or more dwelling
units.
"Non~Habitable Room" means any room in a building or dwelling unit other
than a habitable room, and includes:
(a)
a bathroom, powder room, restroom, laundry, pantry, lobby,
communicating corridor, stairway, closed, boiler room, garage; or
(b)
other service and maintenance space in a building.
"Normal Farm Practice" means a practice that,
(a)
is conducted in a manner consistent with proper and acceptable
customs and standards as established and followed
by similar
agricultural operations under similar circumstances, or
(b)
makes use of innovative technology in a manner consistent with
proper advanced farm management practices.
"Occupant" means any person or persons over the age of eighteen (18) in
possession of a property.
"Officer" means a property standards officer who has been assigned or
appointed by the Municipality of South Dundas as a Property Standards
Officer and/or a Municipal Law Enforcement Officer to either administer or
enforce this By~law and includes a building inspector for the Municipality of
South Dundas.
"Order" means any order issued under the Ontario Building Code Act.
"Owner" includes,
(a)
the
person
managing
or receiving the rent of the
land
or
premises, whether on the person's own account or as an agent or
trustee of any other person, or who would receive the rent if the
land and premises were let; and
(b)
the lessee or occupant of the property who, under the terms of
a
lease,
is
required
to
repair
and
maintain
the
property
in
accordance with the standards for maintenance and occupancy of a
property.
"Person" means an individual, firm, corporation, association or partnership.
"Plumbing System" means a system of connected piping, fittings, valves,
equipment, fixtures and appurtenances thereto
used for the provision,
processing or management of water, human body waste, toilet or other
bathroom waste, and shower, tub, culinary sink and laundry waste.
"Property" means a building or structure, or part of a building or structure,
and includes the lands and premises appurtenant thereto and all mobile
structures, mobile buildings, mobile homes, outbuildings, fences, retaining
walls, landscaping, walkways and erections thereon and includes vacant
lands.
"Repair" means the provision of such facilities and the making of additions
or alterations or the taking of such actions as may be required so that the
property shall conform to the standards established in this By~law.
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~
"Residential Property" means any property that is used or is capable of
being used as a dwelling, two~unit dwelling or multiple dwelling, and includes
any land or buildings that are appurtenant to such establishments including
but not limited to all steps, walks, driveways, parking spaces, fences and
yards.
"Retaining Wall" means a structure which supports and confines a mass of
earth or water where there is an abrupt change in ground elevation.
"Rubbish" means any combustible or non~combustible, discarded or waste
materials, except garbage or brush.
"Sanitary Sewage" means liquid or water borne waste that is,
(a)
of industrial or commercial origin; or
(b)
of domestic origin, including human body waste, toilet or other
bathroom waste, and shower, tub, culinary sink and laundry waste.
"Sewage System" means the
Municipality of South
Dundas' sanitary
sewage system,
storm sewage,
or
a
private sewage disposal
system
approved by the authority having jurisdiction.
"Sign" means any visual medium used to convey information by way of
words, pictures, graphics, emblems or symbols, or any device used for the
purpose of providing direction, information, indemnification, advertisement,
business promotion or the promotion of a product, activity, service or idea.
"Storm Sewage" means water that is discharged from a surface as a result
of rainfall, snow melt, snowfall, or other precipitation.
"Storm Sewer" means a sewer that conveys storm sewage.
"Structure" means a combination of materials used to form a construction
or
fixed
erection
which
is
not
adapted
to
permanent
or
continuous
occupancy, and includes a tent, reviewing stand, platform, staging wall,
retaining wall, radio or television antenna supporting structure, shed, refuse
bin, fence, sign, and every other construction or fixed erection that is not a
building.
"Suite" means a single room or series of rooms of complementary use,
operated under a single tenancy, and includes dwelling units, individual
guest rooms
in motels, hotels, motor hotels, boarding houses, lodging
houses or rooming houses and dormitories as well as individual stores and
individual
or complementary rooms for business and
personal services
occupancies.
"Unsafe Condition" means any condition that could cause undue hazard to
life, limb or health of any person authorized or who could inadvertently gain
access to the property.
"Vacant Land" means land, other than open space land, with no buildings
and not devoted to the practice of farming.
"Vermin" means a mammal, bird or insect injurious to humans, game, or
crops including but not limited to foxes, rodentia, bats, mice, moles, owls,
weasels, fleas, bugs or lice.
"Yard" means land other than publicly owned land, around and appurtenant
to the whole or any part of the property and used or capable of being used,
in connection with the property whether or not the land is owned by the
owner of the building.
All other definitions are defined in the Ontario Building Code.
3.
3.1
3.2
3.3
3.4
3.5
3.6
3.7
General Requirements
No owner or occupant of a 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.
The owner of a property shall repair, maintain, and keep the property
in accordance with these standards and take immediate action to
eliminate any unsafe conditions.
Every occupant of a dwelling,
in that part of the dwelling that the
occupant occupies or controls, shall:
(a) within the dwelling unit, maintain all plumbing, cooking,
refrigerating appliances and fixtures and all storage facilities and
other equipment therein in a clean and sanitary condition;
(b) keep all exits from the dwelling clean and unobstructed;
(c) maintain the dwelling unit in a clean and sanitary condition.
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
these standards
or shall clear the property of all buildings, structures,
debris or refuse and shall leave the property in a graded and leveled
condition.
This By~law does not apply so as to prevent a farm from meeting the
definition of "agricultural operation" under the Farming and Food
Production Protection Act, 1998, S.0. 1998, c.1, from carrying out a
normal farm practice as provided for and defined under that Act.
All repairs to any property shall be made in good workmanlike manner
with materials that are suitable, sufficient for the purpose, free from
defects and approved by the Ontario Building Code.
Without restricting the generality of Section 3.6 of this By~law,
(a) the requirement that repairs be made in "good construction
practice" includes ensuring that the component repaired can
perform
its intended function
and finishing the repair
in
a
manner
reasonably
compatible
in
with
adjoining
finishing
materials; and
'
(b) the requirement that repairs be made with materials that are
"suitable and sufficient for the purpose" includes a requirement
for materials reasonably compatible in design and color with
adjoining decorative finishing materials.
~ 6
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4.1
4.2
4.3
5.1
5.2
5.3
5.4
5.5
6.1
Structural Standards
Every part of a property shall be maintained in a structurally sound
condition so as to be capable of sustaining safely its own weight and
any additional weight that may
be put on
it through
normal or
permitted use, and having a factor of safety as required by the Ontario
Building Code.
All exterior surfaces of buildings, structures, fences and retaining
walls, including mobile structures and building, shall be of materials
which resist deterioration by the elements or have resistant coatings
applied to them, except that a non~residential farm building or farm
structure may have unprotected wood surfaces.
The exterior walls, chimneys, roofs, and other parts of buildings,
structures, fences, and retaining walls, including mobile structures and
buildings on the property shall be free from loose or insufficiently
secured,
rotten, warped,
or broken
materials
and objects.
Such
material, and objects shall be removed, repaired, replaced.
Sewage and Drainage
Sanitary sewage shall be discharged into the Municipal sanitary sewer
where such a system exists, and where a Municipal sanitary sewer
does not exist, the sewage shall be disposed of in accordance with the
Ontario Building Code requirements for on~site sewage systems.
Roof drainage or discharge from a sump pump or swimming pool shall
not be permitted to discharge onto a sidewalk, stairs, neighboring
property, or a street unless authorized by a subdivision agreement or
any other agreement with the Municipality.
Storm water shall be drained from a yards so as to eliminate recurrent
standing water or surface ponding, but shall not be directed to cause
recurrent ponding of water on adjacent properties or so as to result in
the entry of water into a basement or cellar.
Eavestroughs and downspouts shall be maintained,
(a) watertight and free from leaks;
(b) in good working order, and free from any obstructions;
(c) in a stable condition and shall be securely fastened to the
structure;
and
(d) shall not be directed to drain onto a neighbouring property.
Catch basins shall be kept in a state of good repair and free of debris
and
obstructions,
which
would
prevent
them
from
functioning
properly.
Vacant Buildings
Where any building is vacant or unoccupied, the owner shall protect
such building against the risk of accident or accidental or intentional
damage to the property, or such damage as may be caused to other
~7~
6.2
6.3
6.4
6.5
7.1
7.2
7.3
properties, arising from the entry of unauthorized persons to the
building, by effectively preventing entrance by unauthorized persons.
For the purposes of Section 6.1 of this By~law, doors, windows,
hatches, and other openings through which entry may be obtained are
to be kept in a state of good repair and secured from unauthorized
entry, or entry shall be prevented by closing and securing the opening
with:
(a) boarding which completely covers the opening with at least
12.7mm (0.5 inches) of weatherproofed sheet plywood securely
fastened to the building;
(b) rigid composite panels, securely fastened to the building;
(c) sheathing boards installed within the reveal of the exterior
cladding and securely fastened to the building;
(d) brick and mortar securely fastened to the building; or,
(e)
concrete
blocking
and
mortar securely fastened
to the
building.
The options available in Section 6.2 of this By~law shall be considered
progressively more secure with 6.2(e) being the most secure, and the
minimum standard imposed by Section 6.2 shall be considered not to
include the use of a less secure option which has, more than once,
failed to exclude unauthorized entry, and further, where the owner's
control, attendance,
or lack of security measures to protect the
property suggest that a more secure option is necessary to secure the
property, then the owner shall supply such measure including such
improved security of closures as may be necessary beyond the options
listed in Section 6.2.
Vacant buildings shall be kept clear 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.
Where a building remains vacant for a period of more than ninety (90)
days, the owner shall ensure that all utilities serving the building,
which are not required for the safety and security thereof, are properly
disconnected or otherwise secured, to prevent accidental or malicious
damage to the building or adjacent properties.
Damaged Buildings
Where a building is damaged by accident, storm, neglect or intentional
damage, the owner shall protect the building against further risk of
further damage, accident, or the other danger, and shall effectively
prevent entrance thereto by all unauthorized persons, by closing and
securing openings to the building within accordance with Sections 6.2
and 6.3 of this By~law.
The exterior walls and other surfaces of a building shall have smoke
damage or other defacement removed and the surfaces refinished.
Any such work required under this Section shall be done in compliance
with the Ontario Building Code, other applicable codes and By~laws,
~ 8
~
8.1
8.2
8.3
8.4
8.5
8.6
9.1
9.2
9.3
9.4
including but not limiting the generality of the foregoing, in compliance
with the requirements to obtain a building or demolition permit.
Fire Damaged Buildings
Fire damaged buildings shall be kept clear of all garbage, refuse, and
debris and shall have all water, electrical, and gas services terminated,
except
those
services
that
are
required
for
the
security
and
maintenance of the property.
In the event of fire or explosion, damaged, or partially burnt material,
demolished material shall be forthwith removed from the premises,
except that such material may be temporarily stored for a maximum
period of sixty (60) days within the barricaded fire damaged building
or unit.
Any foundation left after a fire, explosion, or the demolishment of a
structure shall be filled within sixty (60) days, in such a manner as to
prevent an accident hazard.
In the event of the normal locking and other security measures for a
fire damaged building do not prevent entry, entry shall be prevented
by covering all windows, doors and other openings in the building that
provide a means of entry with plywood or equivalent material that shall
be securely fastened and tight fitting.
If a fire damaged building shall be secured by fencing if the exterior
poses a risk to public safety, including an unsafe porch etc.
Any such work required under this Section shall be done in compliance
with the Ontario Building Code, other applicable codes and By~laws,
including but limiting the generality of the foregoing, in compliance
with the requirement for obtaining a building permit or demolition
permit.
Exterior Walls
Exterior walls of a building or a structure and their components,
including soffits, fascia, windows, and doors shall be maintained in a
good state of repair free from cracked, broken, or loose masonry units,
stucco and other defective cladding or trim.
Exterior walls and their components shall be maintained to prevent the
entry of vermin and birds.
Exterior walls and their components shall be repaired of vandalism or
other damage, including keeping them free of defacements by paint,
inscription or other markings and the repair of broken windows.
Exterior walls of a building or structure, and their components shall be
maintained so as to be free of posters, which are for the giving of
notice for an event that has already occurred, or where the message
contained is not readable due to damage or deterioration to the poster
or its content, or which has loosened, dislodged, torn or is otherwise
in poor condition.
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9.5
10.
10.1
10.2
10.3
10.4
10.5
11.
11.1
11.2
11.3
12.
12.1
13.
13.1
Pursuant to the Municipal Act, 2001, as amended, the cost of removal
of posters by the Municipality is collectable against the owner of the
advertising device under the terms of the said Act notwithstanding any
other term of this By~law.
Roofs
A roof and all of its components shall be weather~tight so as to be free
from leaks, unsecured or unsafe objects or materials.
Roofing materials or components which have been damaged or show
evidence of rot or other deterioration shall be repaired or replaced.
A roof including the fascia board, soffit, cornice and flashing shall be
maintained
in
a weather~tight condition, and able to prevent the
leakage of water into the building.
Dangerous accumulations of snow or ice shall be removed from the
roof.
A roof shall be kept clean and free from:
(a) rubbish or other debris; or
(b) objects or conditions that may create a health or accident
hazard.
Doors and Windows
All exterior openings for doors and windows shall be fitted with doors
or windows that will perform their intended function.
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.
In a dwelling unit, all windows that are intended to be opened and all
exterior doors
shall
have
suitable
hardware
to
allow
locking
or
otherwise securing from inside the dwelling unit. At least one entrance
door to a dwelling unit shall have suitable hardware to permit locking
or securing from either inside or outside the dwelling unit.
Foundation
Foundation walls shall be maintained in a good state of repair to be
structurally sound.
Stairs, Balconies, Porches and Other Platforms
Interior and exterior stairs, landings, balconies, porches and any other
means of access shall be maintained to be free of holes, cracks, and
other defects which may constitute possible accident hazards. Treads
~ 10~
13.2
14.
14.1
14.2
14.3
15.
15.1
15.2
15.3
15.4
15.5
or risers that show excessive wear or are broken, warped or loose and
all supporting structural members that are rotted or deteriorated shall
be repaired or replaced. Stairs that are to be replaced shall conform
to the Ontario Building Code.
Handrails shall maintained in a good state of repair on all stairs.
Walls, Ceilings and Floors
Every wall, ceiling and floor in a building shall be maintained so as to
provide a surface free of holes, mold, cracks, loose coverings or other
defects which is not normal to the function of the building. Walls
surrounding showers are bathtubs shall be impervious to water and be
readily cleanable.
Every floor
in
a
building
shall
be
reasonably smooth,
level
and
maintained so as to be free of mold and all loose, warped, protruding,
broken,
or rotted
boards or other material that might cause
an
accident or allow the entrance of vermin.
Every floor finishing in a bathroom, water closet room, kitchen, shower
room and laundry room shall be maintained so as to be impervious to
water and readily cleanable.
Plumbing and Water
All plumbing, drainpipes, water pipes and
plumbing fixtures
in
a
building and every connecting line to the sewage system shall be
maintained in good working order and free from leaks and defects.
All water pipes and appurtenances thereto shall be protected from
freezing.
Every dwelling and every building to which water is available under
pressure through piping shall be provided with:
(a) hot and cold potable water connected to every kitchen sink,
every washbasin, bathtub, shower, lavatory, and laundry area;
(b) piping for cold water connected to every toilet and hose bib.
Every dwelling shall be provided with an approved supply of potable
water from at least one (1) of the following sources:
(a) Municipal water system;
(b) communal water system; or,
(c) a private water system that is tested regularly for Coliform
and E. Coli as recommended by the Eastern Ontario Health Unit.
Every fixture shall be of such materials, construction and design as will
ensure that the exposed surfaces of all parts are hard, smooth,
impervious to hot and cold water, readily cleanable and free from
cracks or other defects that may harbor germs or impede thorough
cleaning.
~11~
15.6
15.7
16.
16.1
16.2
16.3
16.4
17.
17.1
17.2
17.3
No sump pumps or backups are allowed to be connected to any part
of a plumbing system or water supply system that is connected to a
Municipal water system or to a Municipal sewage system.
No pipe connections are permitted between a private water source and
a Municipal water system unless approved by the Municipality of South
Dundas.
Heating Systems
A heating system shall be installed that is capable of supplying during
normal hours of occupancy of the building sufficient heat to maintain
a temperature of not less than 229 Celsius (72° Fahrenheit) in each
habitable room. The heating system shall be operable continuously
from the 15°" of September until 15 of June and shall be maintained
so as to be automatic
in functionality without the requirement of
human intervention.
The heating system and all mechanical equipment associated with
building services shall be operated and maintained:
(a) in good working order;
(b) free from unsafe conditions; and,
(c) in accordance with the requirements of the Ontario Building
Code and other legislation and regulations.
Except
in the event of an emergency,
no dwelling
unit shall
be
equipped with portable heating equipment as the primary source of
heat.
Every
fireplace,
chimney,
smoke
pipe,
flue,
vent
and
similar
construction shall be maintained so as to be free from defects and shall
prevent gases and smoke from leaking into a dwelling unit.
Electrical Services
The capacity of the electrical connection to a building and the system
of circuits and electrical outlets distributing the electrical supply within
the building shall be:
(a) adequate for the intended use; and,
(b) Always maintained to be free from unsafe conditions and in
accordance
with
the
requirements
of the
Electrical
Safety
Authority.
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.
In
dwelling
units,
extension
cords,
shall
not
be
permitted
as
a
permanent solution to inadequate receptable locations. The use of
extension cords should be limited to temporary, properly sized for the
equipment attached and, in the opinion of the Officer, removed if a
hazardous condition exists.
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18.
18.1
18.2
18.3
18.4
19.
19.1
19.2
19.3
Lighting
Adequate interior and exterior lighting fixtures shall be installed and
maintained over stairways, steps, ramps, entrance landings and other
abrupt changes
in floor elevation.
Minimum
light levels shall
be
achieved so that work and normal operations on the property can be
undertaken in safely.
Every bathroom, toilet room, kitchen, laundry room, furnace room,
basement, cellar and storage room shall be provided with a permanent
lighting fixture.
Outdoor lighting and indoor lighting, that can be seen outdoors, shall
not be directed, placed or shone onto a neighboring property. Light
fixtures shall not be directed toward another dwelling unit on the same
property.
The standard for lighting fixtures referred to Section 18.3 of this By~
law:
(a) does not include lighting located by a road authority;
(b) does not apply to property owned or occupied by a Municipal,
Provincial or Federal government;
(c) does not require light fixtures used
in conjunction with
commercial, industrial, institutional, agricultural or recreational
uses to be turned off at any time the use is actually being
conducted, but may require the re~direction, movement or the
placing or shades or barriers to comply with the standards;
(d) does not require that an illuminated outdoor advertising sign
on the premises of a business to be turned off any time the
business is open to the public, but may require the redirection,
movement or placing of shades or barriers to comply with the
standards; or
(e) does not require light fixtures used to illuminate any area for
emergency, security or public safety purposes to be turned off
at any time, but may require the re~direction, movement or the
placing of shades or barrier to comply with the standards.
Walks and Safe Passage
There shall be a walkway leading from the principal entrance of every
building to a Municipal sidewalk or street. Except that such walks may
lead to a driveway or parking area provided such driveway or parking
area leads to a Municipal street.
The surfaces of steps, walks, driveways, parking areas and similar
areas of a yard shall be maintained to afford safe passage under their
normal use.
All
surfaced
paths,
walkways,
patios,
steps,
ramps,
building
entrances,
driveways
and
parking
areas
shall
be
adequately
illuminated at night to afford safe use.
~13~
20.
20.1
20.2
20.3
21.
21.1
21.2
21.3
21.4
22.
22.1
22.2
23.
Fences, Barriers, Retaining Walls and Signs
Fences, barriers, retaining walls and signs shall be kept:
(a)
in good repair, free from accident hazards;
(b)
stable, reasonably plumb and vertical, unless otherwise
designed, as in the case of stepping retaining walls;
(c) free of hazards such as, but not limited to, barbed wire,
electrical shock and loose or moving parts.
Unsightly markings, stains or other defacements on the exterior
surfaces of fences, screens or other enclosures shall be removed
and the surface shall be refinished when necessary
Sign faces and their structures shall be maintained without any
visible deterioration of the sign or its structure.
Water Closet Room, Kitchen and Bathroom Facilities
Every dwelling unit shall contain a kitchen sink, a water closet and
hand wash basin, and a bathtub or shower.
Every bathroom or water closet room shall be accessible from within
the dwelling unit and shall be fully enclosed and provided with a
door capable of being locked.
No water closet of any kind shall be located within a habitable room.
Where a water closet room, kitchen or bathroom facilities are shared
by the occupants of a residential accommodation, 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.
Ventilation
Every habitable room, bathroom, or water closet shall
have an
opening or openings for natural ventilation located in an exterior wall
or skylight with a minimum aggregate unobstructed area of 0.09
square meters (1 square foot).
The natural ventilation requirements prescribed in Section 22.1 of
this By~law may be omitted from any room where the equivalent
ventilation is provided by mechanical ventilation equipment in good
working order.
Accessory Buildings
23.
1 Every accessory building shall be kept in good repair.
23. 2 An accessory building or structure used or capable of being used as
23.3
an
out~house
or outdoor
pit privy
is
prohibited
and
shall
be
removed from any property unless used on a temporary basis and
in conjunction with a construction site or a public event.
Shipping containers, trailers and other such equipment shall not be
~ 14~
24.
24.1
24.2
25.
25.1
25.2
25.3
25.4
26.
26.1
27.
27.1
used~as accessory buildings instead of their intended purpose.
Pest and Vermin Prevention
Buildings not intended for the housing of animals shall be kept free
of rodents, vermin and insects. Methods used for exterminating
such
pests shall
be
in accordance with the provisions of the
Pesticides Act, R.S.0. 1990.
Openings,
including windows, that might permit the entry of
rodents, insects, vermin or other pests shall
be appropriately
screened or sealed.
Exterior Garbage Disposal
Every Building shall be provided with sufficient receptacles or commercial
containers as may be necessary to contain all garbage, rubbish and debris
of the occupancies located therein.
Receptacles shall be acceptable containers that are:
(a) made of water~resistant construction;
(b) provided with a tight~fitting cover;
(c) maintained in a clean state;
(d) consistent with the Municipality's waste regulations.
Plastic bags shall not be stored outdoors unless protected from damage in
proper receptacles
Garbage, rubbish and debris shall be removed from the property regularly in
accordance with Municipality regulations, except that materials of an extreme
flammable nature shall be removed immediately from residential property.
General Prohibition
Prohibition
(a) No person shall remove an order posted by an Officer;
(b) No person shall fail to comply with an order of an Officer
(c) No person shall fail to maintain a safe access to a property;
(d) No person shall fail to maintain a fence;
(e) No person shall fail to maintain a building;
(f) No person shall occupy or allow occupancy of a building which fails
to meet human habitation and occupancy standards..
Enforcement
Persons
appointed
or assigned
for
the
purposes
of enforcing
or
administering this by~law are property standards officers and/or Municipal
~15~
27.2
27.3
27.4
28.
Law Enforcement Officers, and have the authority to carry out the duties
assigned to officers under this by~law and the Ontario Building Code Act,
and may enforce the provisions of this by~law and the applicable Sections of
the Ontario Building Code Act.
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, 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, where the cost of
doing the work does not exceed $20,000.
With respect to Section 27.2(b) of this By~law, where the cost of doing the
work exceeds $20,000, the Chief Building Official shall seek the authorization
from Council to carry out the requirements of the order.
Upon completion of the work, repairs or demaolition 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 Treasurer of the
Municipality to the tax roll and collected in the same manner and with the
same priorities as Municipal real property taxes as provided for by statute.
Responsibilities and Compliance with Orders
28.1
The owner or occupant of a property shall:
(a) comply with all standards prescribed in this By~law;
(b) not permit any person to use or occupy any property owned,
managed or controlled by that person unless such property conforms
to the standards prescribed in this By~law;
(c) comply with any final and binding order of the Property Standards
Officer;
(d) produce documents or things requested by the inspector, for
inspection, as relevant to the property or any part thereof, and further
to allow the removal of such documents or things, for the purpose of
making copies;
(e) provide information or assist in the collection of information from
other persons concerning a' matter related to the property or part
thereof;
(f) allow entry by the inspector or such persons as needed to
carry out an inspection or test or in aid thereof;
(g)
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; and,
(h) ensure, that in complying with this By~law, and in carrying
out work required under an order or other obligation under this
~16~
by~law, that the property and activities shall be maintained in a
condition and manner that avoids conditions dangerous to the
health and safety of the owner, occupants or visitors to the
property and to barricade and give adequate warning where such
risks cannot be so avoided.
28.2
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 of the Municipality.
28.3 Where the proof submitted in Section 28.1 of this By~law is insufficient
for the officer to determine compliance of the property with the order
or part of the order, the person shall, subject to the Building Code Act,
S.0. 1992, permit or arrange for a reasonable and timely inspection
by the officer to determine compliance or that the proof submitted
confirms compliance.
28.4 Where an officer determines there is compliance under this By~law with
an order issued and/or registered on the title to a property, the order
shall be discharged from the title.
29.
Administration
29.1 This By~law shall apply to all properties within the boundaries of the
Municipality.
29.2 Where a provision of this By~law conflicts with a provision of another
By~law in force within the Municipality, the provisions that establish
the highest standards to protect the health, safety and welfare of the
general public, shall prevail.
30. _ Property Standards Officer I Property Standards Committee
30.1
Council
shall
appoint
an
Officer(s)
to
be
responsible
for
the
administration and enforcement of this By~law.
30.2 Council shall appoint at large, by resolution, a Property Standards
Committee for the term of office concurrent with Council.
30.3 The Property Standards Committee shall be structured in accordance
with the Rules and Procedures Policy attached as Schedule "A" to this
By~law.
31.
Right to Enter and Inspect
31.1
Where a By~law under Section 15.1 of the Building Code Act, 1992, as
amended, 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,
(b) whether an order made under this By~law has been complied
with.
~17~
31.2 Notwithstanding Section 31.1 of this By~law, an officer shall not
enter or remain in any room or place actually used as a dwelling
without, requesting and obtaining the consent of the occupier, 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, as amended.
32.
Orders
32.1 If, after inspection, an officer is satisfied that in some respect the
property does not conform with this By~law, he or she may issue an
order to the owner and such other persons affected by it as the officer
determines and a copy of the order may be posted on the property.
32.2 The order referred to in Section 32.1 of this By~law hereof 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) serve or cause to be served, by personal service, or by prepaid
registered mail sent to the last address of the person to whom notice
is to that person's agent for service.
33.
Emergency Order
33.1
(a) Notwithstanding any other provision of this By~law, if
upon inspection of a property the officer is satisfied that
there is a non~conformity with the standard prescribed in this
By~law 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 of other work to be carried out immediately
to terminate the danger.
(b) the order under 33.1(a) shall be served on the owner of
the property and such other person affected thereby as the
officer determines and a copy shall be posted on the property.
© After making an order under 33.1(a), the officer may,
either before or after the order is served, take any measures
necessary to terminate the danger and, for this purpose, the
Municipality may, through its employees and agents, at any
time enter upon the property in respect of which the order
was made without a warrant.
(d) The officer, Municipality or person acting on its behalf is
not liable to compensate the owner, occupant or any other
person by reason of anything don by or on behalf of the
Municipality in the reasonable exercise of its power under
~ 18~
34.
34.1
34.2
33.1(a).
Appeal of Order
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.
An order that is not appealed within the time referred to in
Section 34.1 of this By~law, is deemed to be confirmed.
34. 3 Any owner or occupant or person affected by a decision of the
34.4
35.
35.1
35.2
36.
36.1
37.
37.1
37.2
37.3
committee, may appeal to a Judge of the Superior Court of Justice
by notifying the Clerk of the Municipality in writing and by applying
to the Superior Court of Justice for an appointment within 14 days
after the sending of a copy of the decision.
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.
Registration of Order
An order issued pursuant to Section 32.1. 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 registration
of the order shall be deemed to have been served with the order on
the day on which the order was served under Section 32 of this By~
law.
When the requirements of the order have been satisfied, the Clerk of
the Municipality shall forthwith 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.
Certificate of Compliance
An Officer who, after inspecting a property, is of the opinion that the
property is in compliance with the standards established in this By~law
may issue a certificate of compliance to the owner.
Penalties
Every person who contravenes or causes or permits any contravention
of any of the provisions in this By~law is guilty of an offence and upon
conviction is liable to a fine as provided for in the Provincial Offences
Act, as amended.
A person who fails to comply with an order that is final and binding
under this By~law is guilty of an offense under Section 36(1) of the
Ontario Building Code Act and is liable to a penalty or penalties as
set out in Section 36 of that Act.
A person who is convicted of an offence is liable to a fine pursuant to
the Ontario Building Code Act of not more than $50,000.00 for a first
offence and to a fine of not more than $100,000.00 for a subsequent
~ 19~
offence.
37.4 If a Corporation that is convicted of an offence is liable to a fine
pursuant
to
the
Ontario
Building
Code Act
of
not
more
than
$100,000.00 for a first offence and $200,000.00 for a subsequent
offence.
38. _ Interpretation
38.1
In this By~law,
a word interpreted
in the singular number has
a
corresponding meaning when used in the plural.
38.2
Dimensions specified in metric units shall be the official dimensions.
Imperial dimensions contained
in
parentheses are
provided
as
a
convenience only.
38.3
In
this
By~law,
the
word
"metre"
shall
be
represented
by
the
abbreviation "m", the word "centimetre" shall be represented by the
abbreviation "cm", the word "millimetres" shall be represented by the
abbreviation
"mm",
the word
"feet" shall
be represented
by the
abbreviation "ft", and the word "inches" shall be represented by the
abbreviation "in".
38.4 It is declared that if any Section, Subsection or part or parts thereof
declared by any Court of Law to be bad, illegal or ultra vires, such
Section, Subsection or part or parts shall be deemed to be severable
and all parts hereof are declared to be separate and independent and
enacted as such.
38.5 This By~law does not apply to prevent a farm, meeting the definition
of "agricultural operation" under the Farming and Food Production
Protection Act, 1998, from carrying out a normal farm practice.
39.
Permits
39.1 If a building permit is required for the purpose of, building, repairing
of demolishing a structure or building, it is the responsibility of the
property owner to obtain such permit. Failure to obtain the proper
permit could results in a fine under the Ontario Building Code.
40.
Power to Restrain
40.1 If this By~law, Acts or regulations are contravened and a conviction
is entered,
in addition to any other remedy and to any penalty
imposed by this Act, the court in which the conviction is entered, and
any court of competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence by the person
convicted.
50.
By~law No. 79~2 Property Standards for Iroquois and By~law No. 28~
86
Property Standards for Morrisburg
shall
be
repealed
in their
entirety.
51.
This By~law shall come into force and effect on the date of passing.
READ and passed in open Council, signed and sealed this 14°" day February,
2022.
~ 20~
~21~
4) es ) ~
MaAYOR
CLERK
1.2
1.3
1.4
1.5
1.6
2.1
2.2.
2.3
Schedule "A"
Property Standards Committee
RULES AND PROCEDURES
a
DEFINITIONS
"Business Meeting" means a meeting arranged for the general discussion and
business of the Committee but does not include an "appeal hearing" as stated
in Section 15.3(1) of the Building Code Act, 1992, c.23, as amended.
"Committee or Property Standards
Committee"
means
individuals
appointed by the Council of the Municipality of South Dundas by By~law under
Section 15.6 of the Building Code Act, 1992, c.23, as amended.
"Chair' means a member of the Committee elected from amongst the
Members of the Committee, or in the absence of the Chair then as elected on
a hearing by hearing basis. The chair shall be responsible for the conduct of a
Hearing to consider an appeal application as outlined in Section 15.3(1) of the
Building Code Act, as amended, in accordance with the Committee resolutions.
The term Chair also includes an acting Chair.
"Appeal Hearing" means a meeting called by the Secretary or Chair pursuant
to an appeal made under Section 15.3(1) of the Building Code Act, 1992, c.23,
as amended, and
in accordance with the Rules and
Procedures of the
Committee. An Appeal Hearing may include a Business Meeting.
"Member" means an individual appointed by the Council of the Municipality of
South Dundas to sit on the Property Standards Committee by By~law under
Section 15.6 of the Building Code Act, 1992, c.23, as amended.
"Secretary" means the Secretary of the Committee as appointed by the
Property Standards Committee of the Municipality of South Dundas
under Section
15.6(6)
of the Building
Code Act,
1992,c.23,
as
amended.
BUSINESS MEETINGS
Generally, the Property Standards Committee shall hold a business meeting
at least once during their term which shall be open to the public. The purpose of
the meeting shall be, among other matters, to elect a Chair and appoint a
secretary, to discuss and establish by resolution, the policies and practices of the
Committee, and to address any other matters related to the Committee
operation. The business meeting may be combined with a regular Appeal Hearing
The Chair or Secretary may call a business meeting.
No business meeting shall take place unless reasonable efforts have been
taken to give a minimum of one week notice to all Committee Members and
the Secretary.
~ 22~
Page 21
Page 21 of 24
2.4
2.5
2.6
2.7
2.8
2.9
3.1
3.2
3.3
3.4
3.5
All business meetings shall be held at 34 Ottawa Street, Morrisburg, unless
specified otherwise on the notice.
Quorum, for the purpose of a business meeting shall be attendance by four
(4) or more Members.
If no quorum is present thirty (30) minutes after the time appointed, the
Secretary or Chair of that business meeting may discharge the Members
present and reschedule the business meeting.
In the absence of the elected Chair of the Committee, the Secretary may act
as Chair until a Chair or an acting Chair is elected from amongst the Members
of the Committee. In the case of an acting Chair that member shall act as Chair
ofthe Committee until the next Chair is elected by the Commiittee at a subsequent
Meeting of the Committee.
The Chair shall be counted in determining quorum and shall be entitled to all
the rights of a Committee member, including voting.
The resolutions of the Committee affecting Committee policy and practice,
shall be those resolutions passed by a supporting vote of no less than four (4)
Members at a business meeting.
___
APPEAL HEARINGS
All hearings of the Property Standards Committee, pursuant to Section
15.3(1) of the Building Code Act, 1992, S.0. 1992, c.23, as amended, to
consider an appeal (Appeal Hearings) shall be called by the Secretary or Chair
of the Committee.
All hearings of the Property Standards Committee are closed to the public and
all information revealed during the hearing will be kept confidential by all those
who attend the meeting. Visitors who are requested to attend the meeting to
provide information to the committee will be advised by the chair of this rule, and
all persons must agree to keep confidentiality in order to remain in attendance.
Notice of an Appeal Hearing shall be sent within ten (10) days of the hearing
date to the applicant for the Appeal Hearing, the owner as defined in Section
15.1(1) of the Building Code Act, 1992, S.0. 1992, c.23, as amended, and to
those persons whom the committee deems advisable. Such notice may include
posting on the property if the committee deems advisable or if the Property
Standards Officer has posted the orders so appealed.
An appeal hearing shall be heard no later than thirty (30) days from the date
the application was received by the Secretary.
An application to appeal the orders of a Property Standards Officer shall
include the name, address, and phone number of the applicant, the location of
the property described in the orders, the name and phone number of the owner,
the name and phone number of all the occupants, the willingness to appear before
the committee, and the reasons for the appeal. The applicant shall pay to the
Municipality a fee of no less than $200.00.
~ 23~
3.6
Notice of an Appeal Hearing shall include the date, time, place of the hearing,
subject property, and the purpose and effect of the appeal.
3.7
The Secretary may cancel or reschedule an Appeal, only if a written request is
made by the applicant, authorized agent, or applicant's representative before the
Notice of an Appeal is sent out. At which time and subject to the recovery of any
costs to the Municipality, the Municipality may provide a full refund to the
applicant.
3.8
All Appeal Hearings shall be held at 34 Ottawa Street, Morrisburg, unless
specified otherwise on the notice of appeal.
3.9
An application information packet including a copy of the Orders served, a
detailed brief of the office file, and notes of the Property Standards Officer, shall
be provided by the Secretary or designate, to the Committee Members only.
The information packets will be kept confidential by the members and returned
to the Secretary for disposal after the hearing.
3.10
Rotation of Committee Members
(a) Of the five (5) appointed Members of the Property Standards
Committee, only three (3) of the five (5) Members may be summoned
to attend an Appeal Hearing by the Secretary. If the Chair of the
Committee is not summoned than an acting Chair shall be elected
among the summoned members as the first order of business.
(b) The Secretary shall select and evenly alternate the Members of the
Committee who attend each Appeal Hearing. An attendance record shall
be maintained and brought to each Appeal Hearing.
(c) Three Members constitute a quorum for an Appeal Hearing.
The Chair shall be counted in determining quorum.
(d) If no quorum is present thirty (30) minutes after the time
appointed for an Appeal Hearing, the Secretary or Chair of that
hearing
may
discharge
the
Members
present
and
may
reschedule the Appeal Hearing.
3.11 The Committee shall be called to order by the Chair of the Appeal
Hearing or the Secretary, or designate of the Committee.
3.12 The first order of business shall be to appoint an Acting Chair if the
Chair of the Committee is not present
3.13 The Chair shall call for any requests for deferral of an appeal or for any
request for withdrawal of an application.
(a) A request to defer the consideration of an application to a
later Appeal Hearing date must be for a reasonable cause as
determined
by the Committee. The Committee at its own
volition may defer the consideration of an application or reject
a
request for deferral
and continue with the hearing. The
Committee
may
set
a
new
Appeal
Hearing
date
for the
consideration
of the
appeal
and
shall
indicate
any
other
requirements or conditions for deferral, such as re~notification,
additional costs for a subsequent Hearing to be charged to the
applicant
if
applicable,
amendment
or
additional
required
information.
The
Committee
may
determine
that
the
consideration of an application on a deferred date is peremptory
~ 34~
(final).
(b) The Committee may continue to hear an appeal even if the
owner or the applicant is not present.
3.14 The Chair shall call each application in an order determined by the
3.15
3.16
3. 17
3.18
3.19
3.20
agenda or in an order determined by the Chair of the Appeal Hearing
and/or the Committee.
(a) The Chair shall review the information packet to present a
summary of the case file. The chair may also engage such
employees, officers, and consultants as is considered expedient
within the limits of the money appropriated for that purpose.
(b)
Following the summary review, the Chair may ask the
applicant, the owner or anyone else in attendance to introduce
themselves and present any other information in relation to the
application.
The Committee Members, through the Chair, may ask questions of
those persons
in attendance. Questions may be asked during the
presentation, however, typically questions are put forward by the
Members of the Committee at the conclusion of the presentation(s).
The Chair may ask any individual or member who fails to conduct
themselves in a reasonably calm manner, to remove themselves from
the hearing. The committee may continue to hear the appeal without
the information or participation of that individual, or choose to speak
at anytime with that individual apart from the others in attendance.
The Committee (through its quorum) has all the same powers and
functions of the Property Standards Officer. The Committee may;
(a) confirm, modify, or rescind the order to repair or demolish
the structure(s); or
(b) extend the time for compliance with the order if,
in the
opinion of the committee, the general intent and purpose of the
By~law
and
of the
Official
Plan
or
Policy Statements
are
maintained.
The Committee, though not required to view the property, may choose
to do so with or without the owner present. Where the committee
chooses to review the property the Members, as a quorum, shall visit
the property together reserving any discussion or decision for the
Appeal Hearing. The Members of the Committee may ask questions at
anytime
of
those
persons
present
but
shall
endeavor
to
hold
discussion, on the merits of various findings, for the Appeal Hearing.
During deliberations the Members should stay focused on the intent of the
Property Standards By~law with respect to the property and its owner.
There are many issues which may overlap with the jurisdiction of the Rental
Tribunal and the Tennant Protection Act. The Committee may choose to
hear such issues but shall endeavor to stay focused on the Property
Standards By~law and the property it serves.
~ 25~
3.21
After having considered the issues raised by the applicant, the owner, any
3.22
respondents, and the evidence heard at the Hearing by the Committee, the
Chair shall ask whether the Members wish to conduct further discussions on
the merits of the appeal. At the conclusion of submissions, the Chair shall
ask the Members of the Committee for a motion with respect to the
disposition of the appeal. The Chair, upon receipt of a motion from a
Committee Member shall ask for a seconder to the motion. The Chair shall
call for a vote by the Committee on the motion and the Chair shall announce,
at the Appeal Hearing, the decision of the Committee, whether it be
approved, refused, or deferred. The Chair shall be entitled to all rights of a
Committee Member, including voting.
Committee Members concurring in the decision of the Committee shall sign
the Notice of Decision at the Application Hearing and the names of the
Members present not concurring in the decision shall be noted.
OTHER
The conduct of Members and business meetings, with respect to matters
not specifically addressed, shall generally in accordance with the Municipal
Act 2001, as amended, the Municipal Conflict of Interest Act, as amended,
and Robert's Rules of Order.
~ 26~
Schedule "B"
THE MUNICIPALITY OF SOUTH DUNDAS
Part I Provincial Offences Act
By~Law Number 2022~20: Property Standards
occupancy of a building which
fails to meet human
habitation and occupancy
standards
ITEM
Short Form Wording
Provision
Set Fine
Creating or
Defining
Offence
1
Removed an Order posted by
|26.1(a)
$350.00
an Officer
2
Failed to comply with and
26.1(b)
$350.00
Order of a Officer
3
Failed to maintain safe access
|26.1(c)
$350.00
to a property
4
Failed to maintain a fence
26.2(d)
$350.00
5
Failed to maintain a building
26.1(e)
$350.00
6
Occupied or allowed
26.1(f)
$350.00
NOTE: the general penalty provision for the offences listed above is Section
37 of the By~law No. 2022~20 a certified copy of which has been filed.
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