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THE CORPORATION OF THE SG-D-24
|
Paar oe OF SOUTH GLENGARRY
3Y-LAW 2024-39
FOR THE YEAR 2024
BEING A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE
AND OCCUPANCY OF PROPERTY WITHIN THE TOWNSHIP OF SOUTH
GLENGARRY, AND TO REPEAL BY-LAW 09-13
WHEREAS section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
il rovides that a municipal power shall be exercised by by-law;
IND WHEREAS Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, c 23
rovides that the council may pass a by-law with respect to prescribing standards for
the maintenance and occupancy of property, and requiring property that does not
conform with the standards to be repaired and maintained with the standards or the site
to be cleared of all buildings, structures, debris or refuse and left in graded levelled
condition;
AND WHEREAS Sections 15.2 and 15.8 of the Building Code Act, 1992 provide
pectin and enforcement authorities for a by-law made under section 15.1 of the Act;
ND WHEREAS section 15.4 of the Building Code Act, 1992 provides authority for a
shetty to cause repairs or demolition of a property where an order made under
section 15.2(2) of the Act is not complied with and the order has been deemed
confirmed or confirmed or modified by a property standards committee or judge of the
Superior Court of Justice, and further provides that the municipality shall have a lien on
the land for the amount of the repair or demolition, which shall have priority lien status
under the Municipal Act, 2001;
AND WHEREAS The offence and penalty provisions for contraventions are as set out in
section 36 Building Code Act, 1992;
AND WHEREAS Section 391 (1) of the Municipal Act, 2001 provides that a municipality
impose fees or charges on persons:
a) For services and activities provided or done by or on behalf of it; and
b) For costs payable by it for services or activities provided or done by or on
behalf of any other municipality or any local board;
AND WHEREAS The corporation of the Township of South Glengarry deems it
desirable to enact the following By-law for prescribing standards for the maintenance
and occupancy of all property within the municipality and prohibiting the use of such
property that does not conform to the standards; and for requiring any property to be
repaired and maintained so as to comply with said standards as described herein or to
be cleared of all buildings and structures, rubbish, debris and the lands left in a graded
level condition;
NOW THEREFORE the Council of the Corporation of the Township of South Glengarry
enacts that all property owners within the Township are required to comply with the
following minimum standards of occupancy:
TITLE This By-law may be referred to as The Property Standards By-Law.
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| TABLE OF CONTENTS
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en 1
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7. Engineer’s Report
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PART 6 GENERAL STANDARDS OF ALL
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PART 7 INTERIOR MAINTENANCE
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20. Walls, Floors, and
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| 21.Stairs, Handrails,
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| 22.Means of
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PART 8 EXTERIOR MAINTENANCE
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29. Driveways, Ramps, Safe
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_ 30.Doors and
34. Accessory
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35. Exterior
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PART 9 ADDITIONAL STANDARDS FOR NON-RESIDENTIAL
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36. Additional Standards for Non-Residential
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37. Interior Walls, Ceilings, and
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| 38.Plumbing, Drainpipes, and Water
PART 10 VACANT AND/OR DAMAGED
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| 40. Vacant
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PART 12
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46. Property Standards
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PART 13 OFFENCES AND
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52.Offences and
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PART 14
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PART 1 — DEFINITIONS
i Definitions
The following definitions shall apply for the purposes of this by-law:
1.1 Accessory Structure 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.
1.2 Alteration means (as applying to a building) a change from one major
occupancy class or division to another, or to a structural change such as
an addition to the area and height, or the removal of part of a building, or
any change to the structure such as the construction, cutting into or
removal of any wall, partition, column, beams, joist, floor, or other support,
or a change of the fixtures and equipment.
1.3 Apartment Building means a building containing more than four dwelling
units, each unit having access from an internal corridor system.
1.4 Appliances include a fridge, freezer, stove, dishwasher, clothing washer
or dryer.
} 1.5 Balcony means an external balustrade platform and includes both upper
| and lower surfaces.
1.6 Basement means that portion of building below the first storey.
| 1 Barrier means a structure intended to block, obstruct, or prevent access
to an area or sound, whether constructed of wood, metal, concrete, or
| other type of material.
1.8 Building means as defined in the Building Code Act.
| 1.9 Building Code means the Ontario Regulation 332/12, as amended, or
other regulations made under section 34 of the Building Code Act.
1.10 Building Code Act means the Building Code Act c.23, as amended.
1.11 Business Day means a day from Monday to Friday inclusive, other than a
holiday as defined in section 87 of the Legislative Act 2006, S.O. 2006,
c.21, Schedule F.
1.42 Certificate of Compliance means a written opinion of property
compliance with the standards contained in this By-law issued under
Section 15.5 (1) of the Building Code Act.
1.13
1.14
1.15
1.18
1.22
1.24
| 4.25
Chief Building Official means the Chief Building Official for the Township
of South Glengarry appointed or constituted under section 3 or 4 of
the Building Code Act and their designate.
Clerk means the Clerk for the Township of South Glengarry.
Commercial Container means a dumpster, commercial roll-off or other
similar receptacles,
a) Used for the storage and collection of garbage, refuse, trade waste,
construction waste, demolition waste or other similar materials; and
b) Designed to permit it being emptied by a forklift packer or similar
vehicle.
Committee means the Property Standards Committee of the Township of
South Glengarry established under this by-law in accordance with section
15.6 of the Building Code Act, 1992, as amended, or as substituted from
time to time.
Construction Fence means a temporary fence erected on or around a
property or a portion of a property to protect a site where construction or
demolition is occurring or is contemplated to occur.
Contaminant means any solid, liquid, gas, odour, heat, sound, vibration,
radiation, or combination of any of them resulting directly or indirectly from
human activities that causes an adverse effect.
Corporation means the Corporation of the Township of South Glengarry.
Council means the Council of the Township of South Glengarry.
Dwelling means a building or structure or any part of which is, or is
intended to be, used for the purpose of human habitation, and includes a
building that is or would be intended to be used for such purposes except
for its state of disrepair.
Dwelling Unit means a suite operated as a house keeping unit, used, or
intended to be used by one or more persons usually containing cooking,
eating, living, sleeping, and sanitary facilities.
Fence means a freestanding structure, screen, wall or barrier except a
structural part of a building erected at grade used wholly or partially to
screen from view to enclose or divide a yard or other land, to mark or
substantially mark the boundary between adjoining land restricting ingress
to or egress from a property, providing security or protection to property
and includes swimming pool enclosures, privacy screens, retaining walls,
noise attenuation walls, or other combination of fencing components which
form a continuous barrier for the same purpose and includes any structure
constructed of open wire mesh, boards on boards, pickets, rail or lattice
type construction, whether of wood, metal, masonry, or a combination
thereof or other material.
Fire Code means Ontario Regulation 213/07 under the Fire Protection
and Prevention Act, 1997, S.O. 1997, c. 4.
Floor area means the space on any storey of a building between exterior
walls and required firewalls, including the space occupied by interior walls
and partitions, but not including exits, vertical service spaces and their
enclosing assemblies.
1.26
| 1.27
1.28
1.29
1.30
1.31
1.34
1.35
1.36
1.37
| 1.38
1.39
Floor Covering means any surface used to cover the basic floor or
subflooring construction, including carpet, vinyl, tile, laminate, and
hardwood.
Grade means the average level of proposed or finished ground adjoining
a building at all exterior walls.
Ground Cover means organic or non-organic material applied to prevent
soil erosion such as concrete, flagstone, gravel asphalt, grass, or other
landscaping.
Guard means a protective barrier, with or without openings through it, that
is around openings in floor or at the open sides of stairs, landings,
balconies, mezzanines, galleries, raised walkways or other locations to
prevent accidental falls from one level to another.
Habitable room means any room in a dwelling unit used or lawfully used
or intended to be lawfully used for living, sleeping, cooking, or eating
purposes.
Inoperable Vehicle means a motor vehicle as defined by the Highway
Traffic Act R.S.O. 1990 Chapter H.8 as amended, that is not in good repair
and is incapable of being operated on a highway. It includes a vehicle that
does not display a valid vehicle permit license plate issued under the
Highway Traffic Act, as amended.
Lands means grounds and vacant lot(s) exclusive of buildings.
Landlord Includes:
(a) The owner or other person permitting occupancy of a dwelling or
dwelling unit.
(b) The heirs, assigns, personal representatives, and successors in title of
a person referred to in clause (a) above, and
(c) Aperson, other than a tenant occupying a rental unit, who is entitled to
a possession of the building and who attempts to enforce any of the rights
of a landlord under a tenancy agreement, including the right to collect rent.
Last known address means the address which appears on the
assessment roll of the municipality, or the address as provided in writing to
the Town by the owner.
Lot means a parcel of land, described in a deed or other document legally
capable of conveying land, or shown as a block on a registered plan of
subdivision.
Means of egress includes exits and access to exits and means a
continuous path of travel provided for the escape of persons from any
point in a building or in a contained open space to
(a) a separate building
(b) an open public throughfare or
(c) an exterior open space that is protected from fire exposure from the
building and that has access to an open public throughfare.
Non-Residential Property means a property not occupied, in whole or in
part, for the purpose of human habitation.
Occupancy means the use or intended use of a building or part of a
building for the shelter or support of persons, animals, or property.
Occupant means any person or persons over the age of eighteen (18)
years residing at a property.
1.40
1.41
1.42
1.43
1.44
1.45
| 1.46
1.47
| 1.48
1.49
1.50
1.51
1.52
Officer means a Municipal Law Enforcement Officer appointed by the
Township of South Glengarry and assigned the responsibility of
administering and enforcing this by-law.
Owner includes:
(a) the registered owner of the property
(b) the person, for the time being, managing or receiving the rent from a
building on the property, whether on the person’s own account or as agent
or trustee of any other person, or who would receive the rent if the building
on the property were let
(c) an occupant of a building on the property, and
(d) a lessee or occupant of the property who, under the terms of a lease is
required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of property.
Person means an individual, corporation, unincorporated association, or
partnership.
Pests means rodents, vermin, and/or injurious insects.
Property means a building or structure or part of a building or structure,
and includes the /Jands and premises appurtenant thereto and all mobile
homes, mobile buildings, mobile structures, outbuildings, fences, and
erection and includes vacant property thereon whether heretofore or
hereafter erected, and is divided into:
Refuse and Debris includes garbage of any kind and, without limiting the
generality of the foregoing, includes rubbish, inoperative vehicles and
mechanical equipment, automotive and mechanical parts, appliances,
furnaces, heater or fuel tanks, furniture, table waste, paper, cartons,
crockery, glassware, cans, garden refuse, earth or rock fill, material from
construction or demolition projects or old clothing.
Repair means the provisions of such facilities and the making of additions,
or alterations or the taking of such action as may be required so that the
property shall confirm to the standards established in this by-law.
Retaining wall means a wall designed to contain and support fill which
has a finished grade higher than that of adjacent /ands.
Sanitary sewage means liquid or water borne waste, of in industrial or
commercial origin or, of domestic origin including human body waste, toilet
or other bathroom waste, and shower, tub, culinary, sink, and laundry
waste or liquid or water borne waste discharged from a public pool to
drain.
Sewage system means the sanitary sewage system or storm sewage
system of the Township of South Glengarry, or a private sewage disposal
system approved by the Chief Building Official or the Ministry of the
Environment, Conservation and Parks.
Shipping container means a container with strength suitable to withstand
shipment, storage, and handling. Shipping containers range from large
reusable steel boxes used for intermodal shipments to corrugated boxes.
Stagnant water means motionless water, not flowing in a stream or
current, also known as standing water. Water shall be deemed to be
“stagnant” if the structure, excavation, ruts, or depressions are capable of
holding standing water for more than four (4) consecutive days.
Structure means anything constructed or erected, either permanent or
temporary, the use of which requires location on the ground or attachment
8
1.53
1.54
1.55
1.56
1.57
1.58
1.59
to something having location on the ground, and includes but is not limited
to play structures, sheds, gazebos, trailers, and fishing huts.
Township means the Corporation of the Township of South Glengarry.
Unsafe condition means any condition that could be hazardous to the
health and safety of persons in the normal use of the property or premise,
or persons whose access to the property or premise has not been
reasonably prevented.
Vacant building means a building or part of a building that is not used by
an owner or is not occupied by an occupant.
Vacant lot means a property that does not have a building or structure on
it.
Vehicle means a motor vehicle, trailer, boat, motorized snow vehicle,
mechanical equipment and any vehicle drawn, propelled, or driven by any
kind of power, including muscular power.
Vermin means a mammal, bird, or insect injurious to humans, game or
crops including but is not limited to rats, mice, moles, ants, cockroaches,
silverfish, fleas, bugs, bedbugs, lice or anything else that may be
considered by the Officer.
Waste means a substance or material that is unusable or unwanted and
includes but is not limited to:
a) Rubbish, garbage, brush, litter, debris, bottles, cans, packing
materials, paper, clothing, bulk waste, recyclable materials
Food scraps, bones, and organic waste
Human or pet excrement
Appliances and parts of such appliances designed for interior use
Indoor furniture and household effects
Exterior furniture that becomes dilapidated
g) Dilapidated landscape or garden features such as awnings,
marquees, canopies, pergolas, trellis, lattice, statues, and benches
h) Broken or discarded material
i) Inoperable machinery or mechanical equipment, or parts thereof, or
other objects or parts thereof
j) Parts of vehicles not packaged for immediate shipment, including
worn automobiles tires, used oil, and automotive parts
k) Articles, things, matter or effluent or any part thereof derived from
or made or consisting of: agricultural, animal, vegetable, paper,
lumber or wood products, or mineral, metal, or chemical products
are used, manufactured, or otherwise processed
|) Material resulting from construction, demolition, repair, or
renovation projects including soil or rock fill
m) Piping, ducting, tubing, conduits, cable, wire and fittings or related
accessories not packaged for immediate shipment
n) Waste lumber
0) Items in an unsightly condition
p) Torn or cut branches or twigs, leaves, yard waste, stumps, and
similar vegetative waste, or
q) Without restricting the foregoing, any unused or unusable material
that by reason of its state, condition, or excess accumulation:
i. Has been cast aside, discarded, or abandoned,
whether of any value or not
ii. | Has been used up, in whole or in part, whether of any
value or not, or
ili. | Has been expended or worn out, in whole or in part,
whether of any value or not
So:
SOD
1.60 Yard means any open, uncovered, unoccupied space appurtenant
to a building
PART 2 — APPLICATION AND INTERPRETATION
Application and interpretation
This By-law applies to all property in the Township of South Glengarry.
For the purpose of this By-law, unless otherwise stated to the contrary, the
provisions prescribed shall be held to be the minimum standards for the
promotion of the public health, safety, comfort, convenience, and general welfare
and are not intended to detract from the standards found in any other applicable
by-laws or legislation.
The owner of any property which does not conform to the standards prescribed in
this By-law shall repair and maintain the property to conform to the standards or
the property shall be cleared of all buildings, structures, or waste and left in a
graded levelled condition.
This By-law does not apply to matters which, in the opinion of the Manager of
Municipal Law Enforcement are minor in nature.
PART 3 - PROHIBITIONS
Prohibitions
No person shall use or occupy, or permit the use or occupancy, or consent to the
use or occupation of any property that does not conform to the standards
prescribed in this By-law.
No owner shall fail to maintain their property in conformity with the standards
prescribed in this By-law.
No owner shall fail to comply with an Order issued by an Officer under this By-
law.
No person shall remove from any property any sign, notice, order, or placard
placed thereon pursuant to section 15 of the Building Code Act or this By-Law.
Where applicable, every owner shall obtain a building permit prior to making
repairs.
PART 4 — REPAIRS
Repairs
All repairs and maintenance of property required by the standards prescribed by
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
and that are free from defects.
The requirement that repairs be made in a manner that is accepted as “good
workmanship” includes ensuring that the component repaired can perform its
intended function and finishing the repair in a manner reasonably compatible in
design and colour with adjoining decorative finishing materials and are suitable
and sufficient for the purpose that they were intended for.
10
The owner of property shall repair, maintain, and keep the property in
accordance with the standards of this by-law, and take immediate action to
eliminate any unsafe conditions.
PART 5 STRUCTURAL SYSTEM
Structural system
A building, and every structural system or component serving a part thereof, shall
be capable of sustaining its own weight together with the loads that may be
imposed by the use and occupancy therein and by natural causes such as snow
and wind.
Doubt as to Structural Condition
If, in the opinion of an officer, there is doubt as to the structural condition of a
building or structure or parts thereof, an officer may issue an order that such a
building or structure, or parts there of, be examined by a professional engineer
licensed to practice in Ontario, at the owners sole expense, and that a written
report, which may include drawings for any recommended remedial work with
recommended timelines, be provided to an officer.
Engineer’s Report Acceptance
An Officer may accept the findings contained in the engineer's report pursuant to
subsection 6(1), provided that the officer is satisfied that all deficiencies have
been identified and appropriately dealt with by the report.
Upon completion of all the work required by the engineer’s report, a further report
prepared by the professional engineer shall be submitted to the officer certifying
that all the work proposed in the written report has been completed and is in
accordance with all applicable legislation.
No structural element may be added, removed, repaired, or modified in any
manner until a required permit has been obtained from the Chief Building Official.
PART 6 - CONDITION AND MAINTENANCE OF LANDS AND YARDS
Maintenance of yards
All lands and yard shall be kept clean and free from:
a) Rubbish, garbage, brush, waste, litter, trade waste and other debris;
b) Objects or conditions that may create a health, fire, or accident hazard.
c) Dilapidated buildings, structures or vegetation such as trees which may be
hazardous to the health, safety and welfare of the inhabitants of the area
or that encroach on an adjacent property;
d) Inoperable vehicles.
e) Accumulation of material, wood, debris or other objects that create an
unsafe or unsightly condition out of character with the surrounding
environment or are deleterious to the neighbouring environment;
f) Trees, hedges, bushes, vines and shrubs which are dead, decayed,
damaged, or that encroach onto adjacent property including municipal
roads, streets, sidewalks and pathways; and
11
0)
g) Rock, stumps, fill, construction waste or other such materials that originate
on another property or location unless the deposited material is
continuously kept level or covered on a weekly basis in such a way that it
does not disrupt or change the drainage of the original site.
Where there is a disagreement with the officer's directive between the officer and
the owner with respect to what must be removed in the case of decayed,
diseased, or damaged trees, shrubs, hedges or bushes, a certified arborist shall
be required, and their opinion shall be final.
All yards shall be kept clean and free from:
a) Damaged or dilapidated landscape or garden features such as awnings,
marquees, canopies, garden furniture, pergolas, trellis, lattice, statues,
and benches;
b) Rodents, vermin, insect pests and other pests and from any condition
which may encourage the infestation of harbouring of such pests;
c) Domestic animal excrement to an excessive level to create a public
nuisance to your neighbours;
d) Construction bins unless they are actively being used in connection with
the construction or demolition of a building or structure.
No person shall leave /ands or yards after an excavation in an excavated condition
for longer than 30 days. All land shall be graded and left in a level condition
unless the person can demonstrate to an officer the necessity of not leveling the
land.
No owner shall permit stagnant water to accumulate on a property in any
depression or equipment or items. Where there is any accumulation of stagnant
water in any depression, excavation or equipment, the owner or occupant of the
land shall remove standing water by draining it or other means to eliminate it.
Section 6.5 does not include any storm water retention ponds, landscaped ponds
or natural watercourse or manmade canals.
Recreational travel trailers shall be complete with closing doors, windows, etc., and
kept in a condition that would not require repairs to make them fit for travel on any
highway as defined in the Ontario Highway Traffic Act, R.S.O. as amended.
No vehicle or trailer shall be used for the storage of garbage, rubbish, waste,
debris, inoperable equipment, materials, appliances, or similar items and
appliances such as refrigerators, stoves, and freezers shall not be used as places
of storage.
No non-commercially built covered trailers, fish huts, or similar handmade
structures shall be stored in driveways or exterior or front yards on residential
properties. They may be stored on residential properties if:
a) They are weather resistant and constructed and maintained with suitable
materials; protected by paint, preservatives, or other weather-resistant
materials to prevent water leakage into the structure; and
b) They are stored 1.2m (3.94ft) from rear and interior /of lines.
No accessory structure or structure shall be erected closer than 1.2m (3.94ft) to
any interior side /ot line, rear Jot line, or structure, and shall be subject to the
requirements of the Ontario Building Code.
No boat or vessel shall be stored in any yard long-term, unless it is placed on a
licensed trailer in an operable condition that would allow for its immediate removal.
The occupant of a residential property may repair one (1) vehicle in the driveway,
which is the occupant’s own vehicle, provided the vehicle is being actively repaired.
12
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(13)
Where a recreational vehicle trailer is parked in a driveway, such vehicle shall not
be used for living or sleeping accommodation for longer than 30 days by any
person and in no event shall such living and sleeping accommodation be leased
or rented.
No brush or logs shall be permitted to be stored in a yard for longer than three (3)
weeks.
Firewood, building materials, garden equipment and materials shall be stored in a
rear or side yard only, provided that such storage:
a) Does not exceed 10% of the yard area in which it is stored;
b) Shall be neatly piled and shall not constitute a hazard
c) Shall not be stored between the front wall of the building and the street line;
and
d) Adheres to all required yard setbacks prescribed in the Townships Zoning
By-law.
Plantings
Hedges, shrubs, plantings, or trees shall be maintained in a manner that does not:
a) Obstruct the safety of the public
b) Obstruct the safety of vehicular or pedestrian traffic;
c) Partially or wholly conceal or interfere with the use of any hydrant or water
valve; and
d) Overhang upon any pavement, sidewalk or travelled portion of any street or
highway
Unsafe conditions
Notwithstanding another provision of this By-law, any condition on or within a
property, in the opinion of the officer, which may pose or constitute an undue or
unreasonable danger, hazard or risk to the health and safety of any person, place
or thing shall be abated or removed by the owner or occupant thereof.
Unprotected Wells, Holes, Cavities
Unprotected wells, holes, or cavities over one meter (600mm) in depth shall be
filled or safely covered.
Retaining Walls
All retaining walls, screen walls, and ornamental walls shall be constructed of
durable material and shall be maintained in a structurally sound condition.
Storm Water Run-Off, Sump Pump and Sewage Discharge
Storm water run-off, which includes drainage from a roof and sump pump, shall
be drained from the grounds of a property, and any area below exterior grade in
a manner that is suitable to the configuration of the property, so as to prevent
excessive ponding, erosion or the entrance of water into a building or structure.
Sump pump discharge lines shall be designed, provided, and maintained to
prevent discharge water run-off from ponding onto the Township’s Road
allowance.
Sanitary Sewage shall be discharged into a sewage system.
Fences
13
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Fences shall be capable of performing safely the function for which they were
constructed.
All fences shall be:
a) Maintained in a state of good repair,
b) Protected by deterioration by the application of paint or other suitable
protective material of uniform colour and construction using a material that
is inherently resistant to such deterioration and compatible with
surrounding finished;
c) Constructed using suitable materials and designed and erected in a work
like manner and maintained so as to not appear in an unsightly condition;
and
d) Free of any condition that would render the fence to be dangerous.
Swimming Pools
All swimming pools, wading pools, ponds, and any appurtenance thereto,
including fences and gates, shall be maintained in good repair.
All swimming pools fences and enclosures shall comply with the Townships Pool
Enclosure By-law.
Swimming pools shall be kept free from stagnant water and any other unsafe
condition.
Swimming pools and any accessory or parts thereof which are not operated shall
be removed or fitted with suitable cover so as to prevent visual blight, the
entrance of elements, or the infestation of vermin, pests, or insects.
PART 7 — INTERIOR MAINTENANCE STANDARDS
Lighting
Lighting fixtures, lamps, and their supports and connections shall be maintained
in a safe and complete condition, without visible deterioration and in good
working order.
Standby lighting shall be provided at floor level in exits and corridors used by the
public for safe passage.
Lighting as required by the Building Code shall provide and be maintained to
allow for an adequate level of lighting so that the use normally carried out in such
areas can be undertaken safely.
Heating, Mechanical, and Ventilation
Heating, ventilating and mechanical systems, including stoves, heating
appliances, fireplaces, chimneys, fans, pumps, filtration, and other equipment
provided to supply heat, air conditioning, ventilation or other services shall be
properly maintained and in good working order.
Ventilation shall be provided to, maintained, and operated in all rooms and
spaces within a building so as to prevent accumulations of heat, dust, fumes,
gases, including carbon monoxide, vapours and other contaminants which may
create a fire, explosion, toxic hazard or other hazard.
Every bathroom, restroom, or toilet room shall be provided with either a natural or
mechanical ventilation system in accordance with the Building Code which shall
be maintained in good working order
14
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Heating
Every dwelling unit shall be provided with a heating system capable of
maintaining a room temperature of 20 degrees Celsius at 1.5 meters above the
floor level in all habitable rooms, bathrooms and toilet rooms shall be maintained
in good working order.
Heating shall be available in all dwelling units from September 01 until June 15 of
the next year.
No room heater shall be placed that may cause a fire hazard to walls or any
other equipment or to impede the free movement of persons within the room
where the heater is located.
No dwelling unit shall be equipped with portable heating equipment as the
primary source of heat.
Air Conditioners and Water-Cooled Equipment
Air Conditioners shall be equipped with adequate devices for the prevention of
condensation drainage on to entrance areas, sidewalks or pathways and shall be
maintained in a safe mechanical and electrical condition.
Cooling water from water-cooled equipment shall not be discharged on
driveways, walkways, or other areas used for pedestrian or vehicular traffic, or in
such manner that it may cause damage to the walls, foundations, or other parts
of a building.
The discharge of cooling water from all water-cooled equipment shall be made to
a proper drainage system and shall be connected in accordance with all
applicable governmental regulations.
Walls, Floors, and Ceilings
Interior walls, floors, and ceilings of a building or structure shall be maintained:
a) In astate of good repair and free from holes, large cracks, broken
plaster and loose or broken masonry;
b) In aclean sanitary condition, which is reasonable considering the
use or operation; and
c) Free from cracked and broken glass in door panels, glass screens,
and windows.
Interior claddings and finished of walls and ceilings shall be maintained in a safe
and sanitary condition, in a state of good repair free from holes, mould, loose and
broken boards, torn, damaged, decayed, leaks, deteriorating or missing
materials.
In addition to the requirements of subsection 35(1), floors and floor coverings in
all buildings shall be maintained in a state of good repair, and free from all
warped or decayed boards, large cracks, depressions, protrusions, deterioration,
or other defects.
All interior walls must be painted or finished in a good, maintained condition.
The floors of room in which plumbing fixtures are installed shall be maintained
reasonably impervious to water and in such a condition as to permit easy
cleaning.
Stairs, Handrails, Guards
15
(3)
All stairs, porches, decks, landings, treads, risers, fire escapes or other similar
structures shall have guards or handrails which shall be maintained in good
repair and shall be capable of supporting all loads to which they be reasonably
be subjected.
All guards and handrails shall be installed and maintained in accordance with the
Building Code so as to afford reasonable protection against accident or injury to
any person in or on a property.
Means of Egress
Every floor area intended for occupancy shall be provided with a direct means of
egress in accordance with the Building Code.
All means of egress and exits shall be maintained in a state of good repair and
free from objects, obstructions, or conditions that restrict the accessibility of such
means of egress and exits.
Every dwelling unit shall have access so as to provide a safe, continuous and
unobstructed exit from the interior of the building to the exterior at the street or
grade level.
Electrical
All electrical fixtures, switches, receptacles, and connections thereto shall be
maintained in a safe and complete condition, and in good working order, with
appropriate covers installed.
An adequate supply of electric power shall be always available in all parts of
every occupied dwelling unit except where the lease makes the tenant
responsible for the supply of electricity and where the supplier has discontinued
the service because of arrears in payment.
No owner or occupant shall disconnect or cause to be disconnected or permit to
be disconnected any service or utility providing light, heat, refrigeration, water or
cooking facilities for a dwelling unit occupied by a tenant except for such a
reasonable period of time as may be required for the purpose of repairing,
replacing or altering such service or utility.
Plumbing
All plumbing, drainpipes, water pipes, plumbing fixtures and appliances, and
every connecting line to the sewage system shall:
a) be maintained in good repair, free from leaks or defects
b) be protected from freezing
c) be connected to the sewage system through water sealed traps and
d) be kept in a clean sanitary condition
Pest Prevention
Every property shall be kept free of rodents, vermin, and injurious insects at all
times, and methods used for exterminating rodents and injurious insects shall be
in accordance with any applicable legislation.
Openings and holes in a building containing rental units, including chimneys,
windows, doors, vents, holes for pipes and electrical fixtures, cracks, and floor
drains, that might permit the entry of rodents, vermin, injurious insects, birds, or
other pests, shall be screened, or sealed as appropriate.
Mould
16
Any extensive accumulation of mould shall be immediately cleaned and removed
by the owner of the building.
No person shall occupy, or permit the occupancy of a building, or portion thereof,
where an extensive accumulation of mould exists which could pose a health
concern to any person who occupies the building, or portion thereof.
Any condition in a building, including but not limited to water penetration,
humidity, or inadequate ventilation, which relate to the creation and growth of
mould, shall be repaired, or removed by the owner of the building.
Notwithstanding any other provision of this By-law, section 26 (1) and 26 (2) shall
not apply if, in the opinion of the officer, the presence of mould is minor in nature
and relates to the general maintenance and/or lifestyle.
Air Quality
All buildings, or part thereof, shall be maintained in good repair as to be kept free
from accumulation of airborne contaminants that may pose a health concern to
any person.
No person shall occupy, or permit the occupancy of, a building or part thereof,
where a high concentration of airborne contaminants exist which may pose a
health concern to any person who occupies the building or part thereof.
Notwithstanding any provision of this By-Law, this section shall not apply if, in the
opinion of the officer, the presence of airborne contaminants is minor in nature
and relates to general maintenance and/or lifestyle.
Miscellaneous
Every dwelling unit shall contain at least the following:
a) a toilet;
b) a kitchen sink;
c) awashbasin ; and,
d) a bathtub or shower or a combination of thereof.
A washroom in a unit shall be an enclosed space and shall have:
a) a water-resistant floor;
b) water resistant walls in a tub surround and a shower;
c) adoor which can be secured from the inside and can be opened from the
outside in an emergency; and,
d) an artificial light fixture which is maintained
No toilet or urinal shall be located in a room used for or intended to be used for
sleeping or preparing or consuming or storing food.
Hot water shall be provided to a sink, basin, bathtub and shower by safe
equipment operated to provide water at a temperature of not less than 43
degrees Celsius and not more than 49 degrees Celsius.
An adequate and safe supply of potable water shall be provided at all times.
A residential property shall be insulated to minimize heat loss, air infiltration and
moisture condensation on the interior surfaces of the walls, ceilings, and floors.
Piped plumbing and drainage systems and appurtenances in a residential
property shall be maintained free from leaks, defects or obstructions and
adequately protected from freezing.
PART 8 EXTERIOR MAINTENANCE STANDARDS
Driveways, Ramps, Safe Passage
17
(A )
All driveways, ramps, walkways, steps, building entrances, parking areas and
surface paths shall be:
a) maintained in good repair in a hole free condition and free of any
settlements that might cause tripping; and,
b) maintained in a condition so as to afford safe passage by pedestrians and
vehicles in inclement weather, including the removal of snow and ice; and,
c) Adequately graded and drained to prevent excessive ponding of water;
and,
d) Be surface treated with asphalt, concrete, interlocking brick, similar
hardscaped surface, gravel, or other material sufficient to provide stability,
prevent erosion, and be usable in all seasons.
Doors and Windows
Windows, doors, and basement cellar hatchways shall be maintained in good
repair, weather-tight condition to prevent drafts or leakage and protected by
suitable material to prevent the entry of vermin into the building.
Doors, door frames, window frames, sashes, casings, and weather stripping that
have been damaged or show evidence of decay or other deterioration shall be
painted, repaired, or replaced.
All exterior openings for doors or windows shall be fitted with doors or window
that are capable of being opened and closed easily, and being locked unless, in
the case of windows, the windows were manufactured to be fixed or that they
have been permanently sealed and the room has adequate ventilation.
The following items shall be repaired or replaced in all buildings:
a) Missing or broken glass;
b) Missing or defective door hardware;
c) Missing or defective window hardware.
All windows in a dwelling unit designed to be opened shall be fitted with screens
to effectively prevent the entrance of vermin and shall be maintained in good
repair.
Every opening in an exterior wall which is not protected by a door or window shall
be screened with wire mesh, metal grill, or otherwise suitably protected to
prevent the entry of vermin, rodents, or other pests.
Garage doors shall be:
a) Kept in good repair and structurally sound;
b) Kept free from holes and cracks;
c) Able to open and close without impediment;
d) Able to open manually if there is an interruption in power or if there is a
mechanical failure;
e) Kept free from cracked or peeling paint or any other damaged exterior
finishing.
Garage doors equipped with an automatic closing mechanism shall be equipped
with an operational sensory device to detect any person, vehicle, animal, or
object when crossing its path so that it may prevent harm.
Foundations
A foundation wall, basement, cellar or crawl space floor, slab on grade, exterior
wall and roof shall be structurally sound, weather tight and damp-proofed and
shall be maintained so as to protect against deterioration caused by the
elements, fungus, mould, dry rot, rodents, vermin, or injurious insects.
The foundations, walls (including exterior walls) columns, beams, floors, roof
slabs and balconies of all buildings, including ancillary buildings such as parking
garages and accessory structure, shall be maintained.
18
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N
a) In astate of good repair,
b) Free from decayed, damaged or weakened sills, beams, piers, posts, or
other supports;
c) Free from cracked, broken or loose stucco or cracked or broken masonry;
d) Free from defective or deteriorated wood or metal siding or trim;
e) Free from loose or unsecure objects;
f) In amanner so as to prevent the entry of moisture into the building and;
g) In amanner so as to prevent settlement of the building.
Exterior Walls
The exterior walls and their components shall be maintained in good repair, so as
to prevent their deterioration due to weather or vermin, and shall be so
maintained in good repair by.
a) Painting, restoring, or repairing of the walls coping or flashing; or
b) The waterproofing of joints and of the walls themselves.
Patching and repairs to exterior walls shall be made with the same or visually
similar material and shall blend with the existing adjacent material or the whole
shall be painted or clad to form a solid appearance with the surrounding surface.
Appropriate measures shall be taken to remove any unsightly makings, stains, or
other defacement, including graffiti, occurring on an exposed exterior surface
and, where necessary, to restore the surface as nearly as possible to its original
condition.
All exterior surfaces shall be maintained of materials which by themselves or
when treated provide adequate protection from the weather.
Roofs
The roof of a building including the fascia, soffit, cornice flashing, and coping
shall be maintained or free from conditions causing or contributing to leaks or
being detrimental to the appearance of the building.
Roofing materials or components which have been damaged or show evidence
of rot or deterioration shall be repaired or replaced.
Every roof shall be maintained free from dangerous accumulations of snow or ice
or both and they shall be removed as soon as possible from the roofs of
buildings.
Where eaves troughing, roof guttering and down piping is provided, it shall be
maintained in good repair to be watertight and securely fastened to the building
at all times.
All soffit and fascia components of a building shall be secured and maintained in
good repair and properly painted or otherwise treated and protected by paint,
preservatives, or other weather-resistant materials.
Every roof shall be maintained so that roof decks and related guards are ina
good state of repair.
Every chimney, smoke flue, gas vent stack, aerials, satellite dishes, lighting
arrestors and other roof structures and their supporting members shall be
maintained in a safe condition, maintained plumb and in good repair so as to be:
a) Free from loose or missing brock, mortar and loose or broken capping;
b) Free from loose or rusted stanchions, braces and attachments;
c) Free from fire or accident hazards;
d) Clear of obstructions;
e) Free from open joints
19
No roof drainage shall be discharged on an entranceway, walkway, stair or
neighbouring property, on onto any impervious road allowance or in such a
manner that it will penetrate or damage the building or structure.
Accessory Structures
Accessory Structures shall be kept in good repair and in accordance with the
Townships Zoning By-law.
Where an accessory structure harbours insects, vermin, or rodents, all necessary
steps shall be taken to eliminate such insects, vermin, or rodents and to prevent
reoccurrence.
Temporary structures shall be maintained in a condition that allows them to
function for what they were designed to do and shall be kept in good repair.
The exterior of any accessory structure shall be weather resistant and
constructed and maintained with suitable and uniform materials; protected by
paint, preservatives, or other weather-resistant materials to prevent water
leakage into the structure.
All sea containers, shipping containers, or similar structures shall be maintained
in good condition and shall be painted to blend in with their surroundings.
Exterior Lighting
Lighting fixtures, lamps and their supports and connections shall be maintained
in a safe and complete condition, without visible deterioration and in good
working order.
Outdoor lighting shall be placed and maintained, or have a barrier placed and
maintained, so as to prevent or block direct illumination of the interior of a
dwelling or dwelling unit on adjoining property regardless of whether such
dwelling or dwelling unit has or may have shades, drapes or other interior
window coverings.
Sensor activated lighting shall not be triggered by activity off the property.
Lighting as required by the Ontario Building Code shall provide and be
maintained to allow for an adequate level of lighting so that the use normally
caried out in such areas can be undertaken safely.
PART 9 ADDITIONAL STANDARDS FOR NON-RESIDENTIAL PROPERTIES
Additional Standards for Non-Residential Properties
In addition to the general standards for all properties set out in Part 6 of this By-
law, owners of non-residential properties shall also comply with Part 09 of this
By-law.
Every owner of a non-residential property shall provide containers for the
disposal of waste.
In a multi-tenant building, no owner or occupant or anyone acting on behalf of an
owner or occupant, shall disconnect or cause to be disconnected, any service or
utility providing light, heat, refrigeration, water or cooking facilities to a tenant or
lessee, except for such reasonable period of time as may be required for the
purpose of repairing, replacing, or altering such service or utility.
20
(A) A person liable for rates for gas, water, steam, electric power, fuel oil, or other
service utility, who fails to pay such rates with the result that the gas, water,
steam, electric power, fuel, oil or other service or utility is disconnected or shut
off, removed or discontinued, shall be deemed to have caused or permitted such
disconnection, shutting off, removal, or discontinuance.
(5) All means of egress for non-residential properties shall be maintained free from
| all obstructions or impediments and provided with clean, clear, unobstructed, and
| readily visible exit signs for every exit.
(6) | Openings in exterior walls, other than doors and windows, shall be effectively
protected by suitable materials to prevent entry of rodent’s vermin and injurious
insects unless it can be shown, to the satisfaction of the Officer, that the
implementation of this section would adversely affect the normal operations in a
non-residential property.
37. Interior Walls, Ceilings, and Floors
(1) Interior walls, floors, and ceilings of a non-residential property shall be
maintained:
a) Free from health, fire and accident hazards;
b) In a state of good repair and free from holes, large cracks, broken plaster,
and loose or broken masonry;
c) In aclean and sanitary condition which is reasonable considering the use
or operation; and
d) Free from cracked or broken glass in door panels, glass screens and
windows.
(2) Cracked or broken glass in door panels, glass screens, and windows as
| outlined in section
| 37 (1)(d) shall be replaced with glass or other material approved by an officer.
|
8) Plaster repairs made to the walls and ceilings of non-residential properties shall
| be completed in a workmanlike manner and each repair shall be finished to
match the existing wall or ceiling.
4) Glazed doors, windows and other transparent surfaces shall be kept in a
reasonably clean condition.
5) — Interior doors and door frames including automatic door closers and all
necessary hardware shall be maintained in a state of good repair to ensure the
proper operation and integrity of the door.
38. Plumbing, Drainpipes, and Water Pipes
(t) Plumbing fixtures shall be provided and maintained in accordance with the
requirements of all applicable governmental regulations.
(2) All plumbing drainpipes, water pipes, and plumbing fixtures and every connecting
line to the sewage system shall:
| a) Be maintained in a state of good repair, and,
| b) Be free from leaks and defects.
(3) All water pipes, drainpipes and appurtenances thereto shall be protected from
freezing.
| PART 10 VACANT AND/OR DAMAGED BUILDINGS
21
39. Vacant Buildings
|
1) If any building is unoccupied, the owner or the agent shall protect every such
building against the risk of fire, accident, or other hazard and shall effectively
prevent the entrance thereto of all unauthorized persons.
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 12.7mm (0.5inch) weatherproof sheet plywood securely
fastened to the building and painted a colour compatible with the surrounding
walls.
(3) If a building remains vacant for a period of more than ninety (90) days, the owner
or agent thereof, shall ensure that all utilities serving the building are properly
| disconnected or otherwise and secure the building to prevent accidental or
malicious damage to the building or adjacent property, but this provision shall not
apply where such utilities are necessary for the safety or security of the building.
40. Vacant Lands
(1) Vacant land shall be maintained to the standards as described in part 6 of this
| By-law.
(2) Vacant land shall be graded, filled, or otherwise drained so as to prevent
recurrent ponding of water.
41 Damaged Buildings or Structures
(1) lf a building or structure is damaged by fire, storm, or by other causes:
| a) Immediate steps shall be taken to prevent or remove a condition which
might endanger persons in, on or near the property, building, or structure;
| b) The aforesaid building or structure shall be properly supported and
| barricaded until the necessary demolition or repair can be carried out; and,
| c) The aforesaid building or structure shall be demolished or repaired
(2) Defacements by smoke or by other similar causes on the exterior walls and
_ surfaces of
The buildings or structures, or of the remaining parts of the building or structures,
| shall be removed and defaced areas refinished in a work like manner.
PART 11 DEMOLITION
42. Demolition
dy Where a building, accessory structure, fence, or other structure is demolished,
the property shall be cleared of all rubbish, waste, refuse, masonry, lumber,
wood, and other materials and left in a graded leveled condition.
|
(2) | Where a building, accessory structure, fence, or other structure is being
demolished, every precaution shall be taken to protect the adjoining property and
members of the public. The precautions to be taken include the erection of
fences, barricades, covered walkways for pedestrians and any other means of
protection necessary for the protection of the adjoining property and members of
the public.
PART 12 ENFORCEMENT
|
|
43. Inspection
22
(3)
An officer may, upon producing proper identification, enter upon any property at
any reasonable times 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 under the Building Code Act has been complied with.
The owner or occupant of a property shall:
a) Comply with all standards prescribed in this by-law;
b) Comply with any final and binding order of the officer,
c) Produce documents or things requested by the officer for inspection as
relevant to the property or any part thereof;
d) Allow the removal of such documents or things for the purpose of making
copies, provide information or assist in the collection of information from
other persons concerning a matter related to the property or part thereof;
e) Allow entry by the officer or such persons as needed to carry out an
inspection or test or in aid thereof;
f) Permit examination, tests, sampling or photographs necessary for the
purpose of an inspection or in aid thereof; and
g) Provide at their expenses when requested, reports, tests and samples as
are specified in an order, all as may aid or assist in the carrying out of an
inspection and determination of compliance with this by-law and the
relevant portions of the Building Code Act.
The Township may charge the owner of a property a fee or charge pursuant to
| the rates
and fees schedule to conduct an inspection, including increased fees for multiple
inspections.
Where an officer has reasonable grounds to believe that an offence has been
committed by a person, the officer may require the name, address, and proof of
identity of that person, and the person shall supply the required information.
Orders
An officer who finds that a property does not conform to any of the standards
prescribed in this by-law may make an order:
a) Stating the municipal address or the legal description of the property;
b) Giving 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 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 with that
time, the municipality may carry out the repair or clearance at the owners
expense; and,
d) Indicating the final date for giving notice of appeal from the order.
Service
An order shall be served on the owner of the property and such other persons
affected by it, as the officer determines, and a copy of the order may be posted
on the property.
A notice or order required by this by-law to be served in accordance with
subsection 45(1) may be served:
a) In person;
23
(3)
b) By email to the last known email address of the person to whom service is
required to be made; or
c) By registered mail sent to the last known address of the person whom
notice is to be given or to that person’s agent for service.
A notice or order served in accordance with subsection 45(2) is considered to be
served:
a) On the fifth day after the day of mailing if served by registered mail;
b) On the day of sending if served by email, unless the document was sent
after 5:00pm, in which case service shall be deemed to have been made
on the following day.
An order may be registered in the proper land registry office and, upon such
registration, any person acquiring any interest in the land subsequent to the
registration of the order shall be deemed to have been served with the order on
the day on which the order was served and, when the requirements of the order
have been satisfied, the clerk of the Township shall forthwith register in the
proper land registry office a certificate that such requirements have been
satisfied, which shall operate as a discharge of the order.
Property Standards Committee
A property standards committee shall be established and composed of not fewer
than three members appointed by Council.
Three members of council, or employees of the municipality or local board
thereof, shall constitute and thereby be appointed as members of the property
standards committee.
The term of office for members shall be the term of Council (four years).
The members of the committee shall elect one of themselves as chair, and when
the chair is absent through illness or otherwise, the committee may appoint
another member as acting chair.
A majority of the members of the committee constitutes a quorum for transacting
the committee’s business.
The members of the committee shall make provisions for a secretary for the
committee.
The secretary shall keep on file the records of all official business of the
committee, including records of all applications and minutes of all decisions
respecting those applications.
The committee may, subject to subsection 15.6(8) of the Building Code Act,
1992, adopt its own rules of procedure and any member may administer oats.
The committee shall give notice or direct that notice be given of the hearing of an
appeal to such persons as the committee considers advisable.
Appeals
An owner or occupant who has been served with an order may appeal the order
and who is not satisfied with the terms or conditions of the order may appeal to
the committee by sending a notice of appeal, including the grounds for an appeal
and the applicable fee set out in Schedule “A” by registered mail to the secretary
of the committee within fourteen (14) days after being served with the order.
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An order that is not appealed within the prescribed time shall be deemed to be
confirmed.
The committee shall hear appeals pursuant to section 15.3 of the Building Code
Act.
Hearing
The secretary of the committee, in receipt of the notice of appeal, shall
a) Determine the date, place and time of the hearing of the appeal which
shall take place not less than seven (7) days and not more then thirty (30)
days from the date of receipt of the aforesaid notice;
b) Give notice in writing, via registered mail, of the date, place and time of
the hearing referred to in Section 47(1)(a) to:
i. The appellant;
ii. | Any other interested persons who the committee consider should
receive notice.
The committee shall hold the hearing referred to in section 47(1) at the date,
place and time set out in the notice.
The committee may adopt its own rules and procedures.
The applicant may appear with or without counsel at the hearing to present the
appeal.
The Township may be represented at the hearing by its counsel who is entitled to
reply to the appeal presented on behalf of the applicant.
Failure to Comply with an Order
If an order is not complied with in accordance with the order as deemed
confirmed or as confirmed or modified by the committee or a judge of the
Superior Court of Justice, the Township may cause the property to be repaired,
cleaned, cleared up or demolished. As the case may be.
For the purposes of section 49(1) of this by-law, employees or agents of the
Township may enter the property at any reasonable time, without a warrant, in
order to repair, clean, clear or demolish the property.
The Township or a person acting on its behalf is not liable to compensate the
owner, occupant, or any other person by reason of anything done by or on behalf
of the Township in the reasonable exercise of its powers under section 49(1) of
this by-law.
The Township shall have a lien on the land for the amount spent on the repair,
cleaning, clearing or demolition under section 49(1) of this by-law and the
amount shall have priority lien status as described in S.1 of the Municipal Act,
2001.
Emergency Provisions
If upon inspection of a property, the Officer is satisfied there is nonconformity
with the standards prescribed in this by-law to such extent so as to pose an
immediate danger to the health or safety of any person, the officer may make an
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order in accordance with section 15.7 of the Building Code Act containing
particulars of the non-conformity and requiring remedial repairs or the work to be
carried out immediately to terminate the danger.
Certificate of Compliance
An officer who inspects a property and is of the opinion that the property is in
compliance with the standards established by this By-law may issue a certificate
of compliance to the owner.
Where an owner requests a certificate of compliance and where, having
inspected the property, an officer is of the opinion that the property is in
compliance with the standards established by this By-law, the officer shall issue a
certificate to the owner, upon payment of the required fee.
PART 13 OFFENCES AND PENALTIES
Offences and Penalties
A person who fails to comply with an order, direction or other requirement made
under the Act and this By-law is guilty of an offence.
A person who fails to comply with an order made under this By-law is guilty of an
offence, and on conviction, in addition to the penalties set out in subsections
52(3) and 52(4), is liable to a fine of not more than $10,000 per day for every day
the offence continues after the time given for complying with the order has
expired.
Every person who is convicted of an offence is liable to a fine of not more than
$50,000, for a first offence and to a fine of not more than $100,000 for a
subsequent offence.
Every corporation who is convicted of an offence is liable to a fine of not more
than $500,000 for the first offence and to a fine of not more than $1,500,000 for a
subsequent offence.
An offence is a subsequent offence if there has been a previous conviction under
the Building Code Act.
PART 14 GENERAL
Validity
Where a provision of this By-law conflicts with the provisions of another by-law
that is in force in the municipality or provincial or federal legislation, the
provisions that establish the higher standards to protect the health, safety, and
welfare of the general public prevails.
It is declared that if any section, subsection or part or parts thereof be declared
by any court of law to be bad, illegal, or ultra vires, such section, subsection, part
or parts shall be deemed severable, and all parts hereof are declared to be
separate and independent and enacted as such and shall remain in effect until
repealed.
This by-law shall come into force and take effect upon its passing.
That By-law 09-13, being a bylaw prescribing Property Standards for the
Township of South Glengarry is hereby repealed in its entirety.
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54. Transitional Rules
, After the date of passing of this by-law, By-law No. 09-13, as amended, shall
apply only to those properties in which a notice or order to comply has been
| issued prior to the date of passing of this by-law, and then only to such
| properties, until such time as the work required by such order has been
completed or any enforcement proceedings with respect to such order has been
completed, including any demolition, clearance, or repair carried out by the
Township shall have been concluded.
READ A FIRST AND SECOND TIME IN OPEN COUNCIL ON JUNE 17, 2024 |
EAD A THIRD AND FINAL TIME, PASSED, SIGNED, AND SEALED IN OPEN
| COUNCIL THIS 15th DAY OF JULY, 2024.
Yar A
no ty CLERK
27 |
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Schedule ‘A’
Corporation of the Township of South Glengarry
By-law No. 2024: Property Standards By-law
Service Use and Activity Charges
Item Service or Activity fee Fee
| 1. | Issuing a Property Standards Order $50.00
2. | Subsequent Orders $350.00
3. | Appeal Property Standards Order $150.00
4. | Attend hearing of the Property Standards Committee $150.00
5 Officer Attendance on site during clean-up and/or remedial work $75.00/hr.
(Minimum 2 Hours)
| Registering an Order on Title
eo (Fee plus Legal Fees) 9200.00
| Discharging and Order on Title
hh (Fee plus Legal Fees) $250.00
| $40.00
| 8. | Title Search + Legal fees
9. | Certificate of Compliance $50.00
| Re-Inspection Fee
ie (Per Inspection) mfO8
!
| 30% toa
11. | Administration Fee — Cost of work + Administration Fee max
$1000.00
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