Property Standards By-law 2014-48

St. Marys, Ontario

This is the exact embedded text of the captured official document. Snapshot 3c019b6de5b2 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWN OF ST. MARYS BY-LAW No. 48-2014 BEING A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY WITHIN THE TOWN OF ST. MARYS AND WHEREAS subsection 15.1(3) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, provides that the Council of the Town may pass a by-law prescribing standards for the maintenance and occupancy of Property within the Town of St. Marys, for prohibiting the occupancy or use of such Property that does not conform to the standards, for requiring Property that does not conform to the standards to be repaired and maintained to conform to the standards or for the site to be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition; AND WHEREAS subsection 15.6(1) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, requires that a by-law passed under section 15.1 of said Building Code Act shall provide for the establishment of a Property Standards Committee; AND WHEREAS the Official Plan of the Town of St. Marys includes provisions relating to Property conditions in the Town; AND WHEREAS the Council of the Corporation of the Town of St. Marys has determined that it is desirable for the greater betterment of the Town to prescribe standards for the maintenance and occupancy of Property within the Town; AND WHEREAS the Council of the Corporation of the Town of St. Marys has prescribed these standards with studied moderation in keeping with the character of the Town of St. Marys; NOW THEREFORE THE COUNCIL of the Corporation of the Town of St. Marys enacts as follows: 1.0-GENERAL Short Title 1.(1) This By-Law may be cited as the "Property Standards By-Law". Interpretation 1.(2) In interpreting this By-law: 1.(2) (a) The captions and headings are inserted for convenience or reference only and do not define, limit or enlarge the scope, meaning or intent of any provisions. 1.(2) (b) Words used in the present tense include the future tense, words in the masculine gender include the feminine and neuter, and the singular number includes the plural and the plural the singular. 1.(2) (c) The word "shall" is mandatory and not discretionary. 1.3-Application 1.(3)(a) The standards for maintenance and occupancy set out in this By- law are hereby prescribed and adopted as the minimum standards for all Property within the geographical boundaries of the Town of St. Marys. 1.4-Non-conforming Use Prohibited 1.(4)(a) The occupancy or use of any Property within the Town of St. Marys that does not conform to the standards prescribed in this By-law is prohibited. 1.5-Correction and Clearance of Non-Conforming Buildings and Structures 1.(5)(a) Any Property that does not conform to the standards set forth in this By-law shall have the offending condition corrected and be maintained to conform to the standards prescribed in this By-law or the site shall be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition. 1.6-Removal of Signs, Notices Or Placards Prohibited 1.(6)(a) With the exception of an Officer or any person acting under the Officer's instructions, the removal from any premises of any sign, notice or placard placed thereon pursuant to the provisions of the Building Code Act, as amended, or this By-law is prohibited. 1.7-Application of Other By-laws 1.(7)(a) Nothing in this By-law shall relieve any person from any obligation to comply with the requirements of any other By-law or with the requirements to obtain any license, permit, certificate, authority, approval, consent or variance otherwise required. 1.8-Zoning 1.(8)(a) When a Property is properly zoned and lawfully used for that purpose nothing in this by-law shall prohibit such use. 1.9-Validity 1.(9)(a) Should any section, clause or provision of this By-law be held by a Court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 1.10-Conflicting By-Laws 1.(10)(a) Where any provision of this By-law conflicts with any provision of any other By-law of the Town, the provision that establishes the higher standard of protection for the health, safety and welfare of the public shall apply. 1.11-Conflict with the Building Code Act 1.(11)(a) This By-law shall be subject to the provisions of the Building Code Act, as amended and where any provision of this By-law conflicts with or is inconsistent with the provisions of the Building Code Act, the provisions of the Building Code Act, shall apply and shall be deemed to be incorporated into this By- law. 1.12-Effective Date 1.(12)(a) This By-law shall come into full force and effect as of the date of passing hereof. 1.13-Repairs and Maintenance 1.(13) (a) All work, repairs and maintenance of Property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship and shall conform to all other by-laws of the Town, codes and statutes as applicable. 1.(13) (b) All Owners of Property which is below the standards prescribed by this By-law are required to repair or correct the offending condition and maintain such Property to comply with the standards prescribed by this By-law, except where a demolition permit has been obtained and remains in effect. 2.0-DEFINITIONS 2.(1) In this By-law, unless the context otherwise requires: 2.(1) (a) "Accessory Use" means a use that is normally incidental, subordinate, and exclusively devoted to the main use of the lot and which is located on the same lot therewith. 2.(1)(b) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, as amended or any successor thereof. 2.(1) (c) "Clerk" means the person appointed by the Council of The Corporation of the Town of St. Marys to the position of Clerk of the Town of St. Marys. 2.(1) (d) "Commercial Motor Vehicle" means any motor Vehicle having permanently attached thereto a truck or delivery body and without limiting the generality of the foregoing includes hearses, buses, farm tractors and/or trailers used for hauling, and delivery trucks, but excludes Motor Homes or Travel Trailers. 2.(1) (e) "Committee" means a Property Standards Committee established under this By-law. 2.(1) (f) "Council" means the Council of the Town. 2.(1) (g) "Daylight Triangle" means an area free of buildings and structures formed by measuring from the point of intersection of lot lines abutting a street on a corner lot, the distance of 10.8 metres along each such lot line abutting the street and joining such points with a straight line. The triangular-shaped land area between the intersecting lot lines abutting a street and the straight line joining the points the required distance along said lot lines is the Daylight Triangle. 2.(1) (h) "Derelict" includes Property or a thing that is: (i) ruined or dilapidated; or (ii) missing an integral part (such as a motor or transmission of an automobile) and unable to operate under its own power. 2.(1) (i) "Driveway" means an area of land used for access to a Parking Area. 2.(1) (j) "Heritage Attribute" means, in relation to real property and to the buildings on the real property, an attribute or feature of the property, building or structure that contributes to the property's cultural heritage value or interest and that is defined or described or that can be reasonably inferred: (i). in a by-law designating a property passed under section 29 of the Ontario Heritage Act and identified as a heritage attribute, value, reason for designation, or otherwise; (ii). in a Minister's order made under section 34.5 of the Ontario Heritage Act and identified as a heritage attribute, value, reason for designation or otherwise; or (iii). in a by-law designating a heritage conservation district passed under section 41 of the Ontario Heritage Act and identified as a heritage attribute, value, reason for designation or otherwise; or (iv). in the supporting documentation required for a by-law designating a heritage conservation district, including but not limited to a heritage conservation district plan, assessment or inventory, and identified as heritage attributes, reasons for designation or otherwise. (v) the elements, features or building components including roofs, walls, floors, retaining walls, foundations and independent interior structures and structural systems that hold up, support or protect the heritage values and attributes and without which the heritage values and attributes may be at risk. 2.(1)(k) "Heritage Property" means real property, including all buildings and structures thereon, in the Town that: (i) has been designated by the Town under section 29 of the Ontario Heritage Act or by the appropriate Minister under section 34.5 of the Ontario Heritage Act; or (ii) is located within a heritage conservation district that has been designated by the Town under section 41 and pursuant to Part V of the Ontario Heritage Act. 2.(1) (l) "Motor Home or Travel Trailer" means a self-propelled Vehicle or any unit suitable for attachment to a motor Vehicle for towing and capable of being used for temporary living, sleeping, and eating accommodation, and shall not include a mobile home. 2.(1) (m) "Naturalized Area" means the area defined as a naturalized area on Schedule "A" to this By-law. 2.(1) (n) "Occupant" means any person over the age of eighteen years in possession of the Property. 2.(1) (o) "Officer" means a Property Standards Officer who has been assigned the responsibility of administering and enforcing this By-law. 2.(1) (p) "Ontario Heritage Act" means the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended. 2.(1) (q) "Owner" includes the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his own account or as agent or trustee of any other person or who would so receive the rent if such land and premises were let, and shall also include a lessee or Occupant of the Property who, under the terms of a lease, is required to repair and maintain the Property in accordance with the standards for the maintenance and occupancy of Property. 2.(1) (r) "Parking Area" means an area, whether covered or uncovered, which is provided for the temporary parking of motor Vehicles and may include ingress and egress Driveways, aisles, and parking spaces. 2.(1)(s) "Property" means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences, and erections thereon whether theretofore or hereafter erected, and includes vacant property and Heritage Property. 2.(1) (t) "Refuse" shall mean food waste, unwanted or useless material, rubbish, garbage, trash; Recyclable material and yard waste are not considered refuse within this definition. 2.(1) (u) "Town" means the Corporation of the Town of St. Marys. 2.(1) (v) "Vehicle" means an automobile, truck, motorcycle, motorized snow vehicle, and motorized all-terrain vehicle, but does not include cars or engines running on railway tracks, farm tractor, or self-propelled farm machinery or road building equipment. 2.(1) (w) "Yard" means a space appurtenant to a building or structure, located on the same lot as such building or structure, and which is open, uncovered, and unoccupied from the ground to the sky except as permitted otherwise by this By-law. 2.(1) (x) "Yard, Front" means a Yard extending across the full width of a lot between the front lot line and the nearest main wall or supporting member of any main building or structure on the lot. 2.(1) (y) "Yard, Rear" means a Yard extending across the full width of a lot between the rear lot line and the nearest main wall or supporting member of any main building or structure on the lot. 2.(1) (z) "Yard, Exterior Side" means a side Yard immediately butting a street. 2.(1) (aa) "Yard, Interior Side" means a side Yard other than an exterior side Yard. 3.0-OCCUPANCY AND MAINTENANCE STANDARDS 3.1-Yards--General 3.(1) (a) Yards shall be maintained: (i) free of rubbish and debris, (ii) free from conditions that may create a health, safety fire hazard, and (iii) in a condition that does not to detract from the neighbouring environment. 3.2-Yard Storage 3.(2) (a) Subject to paragraphs (c) and (d) of this subsection, no Yard shall be used as a place to store, keep, pile or accumulate such items; such items shall include but shall not be limited to the following: (i) Derelict things, (ii) Part of a Derelict motor Vehicle, trailer or snowmobile, (iii) Machinery, (iv) Tractor, (vi) Tire, (vii) Clothing, (viii) Household goods, including a mattress, bed, dresser, sofa, chair, table, television, radio, stove, refrigerator, dishwasher, washing machine, dryer, appliance or other furnishing not meant for outside use, or any part of any of them, or furnace, hot water heater, inoperable air conditioner, or any part thereof, or (ix) Used building material, rags, junk, any refuse, scrap iron or other metals. 3.(2) (b) If a Property is properly zoned and lawfully used for a purpose that requires it to have in its Yard rubbish and debris then the Yard shall be shielded or fenced to create an opaque visual barrier to limit any view from the exterior of the Property. 3.(2) (c) Nothing in paragraph (b) of this subsection shall prohibit a garage or yard sale of personal things conducted out of a residential premise on not more than four occasions in each calendar year. 3.3-Outdoor Storage 3.(3) (a) Where outdoor storage is permitted and or required in the zoning by-law or by agreement with the Town, such storage shall be maintained in a safe condition, located, parked or stacked in a neat and orderly fashion or in bins, containers, structures or enclosures appropriate to the nature, composition, or other characteristic properties or distinctive attributes of the substance stored. Except in the case of trailers, vehicles, or boats, such outdoor storage shall be fenced to create an opaque visual barrier to limit any view from the exterior of the Property by fencing at least 1.50 metres in height and no more than 3.0 metres in height. 3.4-Weeds, Long Grass, and Trees. 3.(4) (a) With the exception of a Property in an agricultural zone or a Property in a Naturalized Area, Yards shall be kept free from excessive growth of grasses and any noxious weed that is designated as a noxious weed under the Weed Control Act, R.S.O. 1990, c.W5, and the regulations thereto. Without restricting the generality of the foregoing, weeds and grasses, except ornamental grasses, shall not be permitted to grow or stand at a height greater than 0.20 metres. Every property shall be kept free from dead, decayed or damaged trees, and branches and limbs thereof, which may create an unsafe condition. 3.5-Animal Excrement 3.(5) (a) Every Yard shall be free from any animal excrement, except for animal excrement being applied for a horticultural or an agricultural use. 3.6-Compost Heaps 3.(6) (a) The Occupant of a residential Property may maintain a compost heap or bin, provided that the compost heap is no larger than 4 metres square and 1.2metres in height and is enclosed on all sides by concrete block, or lumber, or a metal frame, or a commercial enclosed container designed for composting. 3.(6) (b) Compost heaps or bins shall not be placed in the Front Yard or Exterior Side Yards. 3.(6) (c) Compost heaps or bins shall be maintained properly. 3.7-Refuse Storage 3.(7) (a) External containers and receptacles, where permitted, shall be screened from the view of neighbouring properties and shall be provided with covers so that any material contained therein shall not be exposed to view or to rodents, vermin, insects or other pests. Such covers shall be provided at all times, except when the containers or receptacles are actually being filled or emptied. 3.8-Vermin 3.(8) (a) Every Property shall be kept free of rodents, vermin, termites and other injurious insects and other pests. 3.9-Lighting 3.(9) (a) Lighting shall not be positioned so as to cause any impairment to the use or the enjoyment of neighbouring properties. 3.10-Water-Management 3.(10) (a) Natural drainage, drainage swales, ditches or water courses shall be maintained to facilitate the flow of water and prevent recurrent, harmful ponding and maintained in a manner that will not adversely affect adjacent properties. 3.11-Water Features 3.(11) (a) All Property and things on Property, including swimming pools, hot tubs, wading pools, and ponds as well as accessories and appurtenances thereto shall be maintained in good repair, clean of stagnant water, free from leaks and health and safety hazards. 3.12-Excavations 3.(12) (a) Every Property shall be kept free of all unused excavations, holes, unenclosed wells, pits, shafts, cisterns or reservoirs, and the same shall be filled to grade with clean fill. 3.(12) (b) Where any cisterns or reservoirs are in use and are required by the nature of the use and occupancy of any Property, and may constitute a health or safety hazard or exceed a depth of 1.00 metre, a fence or barrier shall be erected and maintained completely around the same to a height of not less than 1.50 metres above the grade level at the perimeter of each of them. 3.13-Buildings and Structures--General 3.(13) (a) All exterior walls, fences, barriers and retaining walls shall be maintained so that they remain straight, level and plumb (unless otherwise designed), presenting an appearance that is uniform, neat and safe. 3.(13) (b) Every part of a building or structure shall be maintained in a structurally sound condition so as to be capable of sustaining its own weight and any additional load to which it may be subjected through normal use. 3.14-Doors and Windows 3.(14) (a) Exterior doors, windows and skylights shall be maintained in good repair and weather tight condition. Rotted and defective materials including but not limited to doors, door frames, sashes and casings shall be renewed. Broken glass shall be replaced. 3.15-Stairs, Porches and Balconies 3.(15) (a) Outside stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks and other defects. Broken, loose, rotted or deteriorated materials shall be replaced. 3.16-Railings 3.(16) (a) Guardrails and handrails shall be constructed and maintained rigid in nature capable of sustaining any load to which it may be subjected through normal use. 3.(16) (b) A handrail shall be installed in conjunction with every set of stairs containing more than three risers and such handrail shall be adequately secured and maintained in good repair. 3.(16) (c) Secure guardrails shall be installed around the perimeter of the higher floor surface where there is a difference in elevation to adjacent surfaces of more than 0.6 metres. 3.17-Vacated or Fire Damaged Buildings 3.(17) (a) Every vacant or fire-damaged building shall be kept free from any highly flammable substance or debris and shall have all services to the building turned off except those services that are required for the security and maintenance of the Property. 3.(17) (b) Every fire-damaged building shall be demolished or restored so that the building is structurally sound. 3.(17) (c) Every opening in a fire-damaged building shall be boarded up to prevent unauthorized entry into the building until the necessary work is completed. 3.(17) (d) Every vacant building shall be maintained in a secure condition to prevent unauthorized entry. 3.18-Demolition 3.(18) (a) Upon the demolition or removal of any building or structure, all excavations shall be filled to grade with clean fill and levelled with the surrounding grade and landscaped. 3.19-Parking--Surface 3.(19) (a) All areas used for vehicular traffic and parking shall be surfaced with asphalt, concrete, crushed stone, paving stones arranged in a uniform pattern, or gravel surfacing, and other dust free materials, shall be free from dirt or other litter and kept in good repair. 3.20-Driveways 3.(20) (a) Each Driveway in a Residential Zone shall have a maximum width of 8.0 metres or 60 percent of the width of the lot, whichever is less. 3.(20) (b) Each Driveway in a non-residential zone, except a Driveway located in the M2 zone, shall have a maximum width of 10.0 metres. 3.21-Vehicles, Trailers and Boats 3.(21) (a) In any Residential Zone, the keeping of no more than one of: (i) a motor Vehicle, (ii) a trailer, or (iii) a boat and trailer in the Rear Yard is permitted. 3.22-Motor Homes and Travel Trailers 3.(22) (a) In any Residential Zone, the parking of not more than one Motor Home or Travel Trailer as an Accessory Use to a residential use shall be permitted provided that the location of the Motor Home or Travel Trailer shall be: (i) within a garage or carport; or (ii) outside of any building or structure on the lot so long as no Motor Home or Travel Trailer is parked in the area on a lot n o closer than 1.0 metre to an interior side lot line and/or a rear lot line and no closer to the front lot line and/or exterior side lot line than the minimum distances required for the main building under the zoning By-law. 3.23-Commercial Vehicles 3.(23) (a) In any Residential Zone, the parking of not more than one Commercial Motor Vehicle on the same lot as a dwelling unit of the Owner or Occupant of the dwelling unit shall be permitted provided that the Commercial Motor Vehicle does not exceed either 6.0 metres in length or 2.5 metres in height, including any trailer which may be pulled by the cab of the Vehicle. 3.(23) (b) Any Vehicle parked in a Residential Zone shall not be parked so as to obstruct a Daylight Triangle. 3.24-Standards for Heritage Properties 3.24(a) General In addition to the minimum standards for the maintenance and occupancy of property in the Town as set out elsewhere in this by- law, the Owner of a Heritage Property shall: (i). maintain, preserve and protect the Heritage Attributes of the Heritage Property so as to maintain its heritage character as well as the visual and structural heritage integrity; (ii). maintain the Heritage Property and the components of the property that hold up, support or protect the Heritage Attributes in a manner that will ensure the protection and preservation of the Heritage Attributes; and (iii). Obtain all required approvals from Council or where applicable Council's designate prior to performing work or causing work to be performed under this by-law. 3.24-Altering Designated Heritage Properties 3.(24) (a) Despite any other provision of this By-law , no building or structure located on a Heritage Property shall be altered, demolished, removed or relocated except in accordance with the Ontario Heritage Act. 3.25-Repair of Heritage Attributes 3.(25) (a) Despite any other provision of this By-law, where a Heritage Attribute of a Heritage Property can be repaired, the Heritage Attribute shall not be replaced and shall be repaired in accordance with the Principles, Practices & Guidelines contained within the Town of St. Marys Heritage Conservation District Plan. 3.26-Replacement of Character Defining Elements 3.(26) (a) Despite any other provision in this By-law and subject to the Ontario Heritage Act and the Building Code Act, where a Heritage Attribute of a Heritage Property cannot be repaired, the Heritage Attribute shall be replaced in accordance with the Principles, Practices & Guidelines contained within the Town of St. Marys Heritage Conservation District Plan. 3.27-Vacant and Damaged Designated Heritage Properties 3.(27) (a) Despite any other provision of this By-law where a Heritage Property is vacant, the Owner shall ensure that appropriate utilities serving the property are connected, as required in order to provide, maintain, and monitor proper heating and ventilation to prevent damage to the Heritage Attributes. 3.27 (b) where the exterior doors, windows or other openings are missing, broken, improperly fitted, unsecure or in disrepair at a Heritage Building or where the Heritage Property is vacant, the Owner shall protect the building and property against risk of fire, storm, inclement weather, neglect, intentional damage, or damage by other causes by effectively preventing the infestation of pests and entrance to it of the elements, all animals and unauthorized persons and by closing and securing openings to buildings and structures with boarding in the following manner: (i) all boards shall be installed from the exterior and shall completely cover any opening and be properly fitted in a watertight manner so that all exterior trim and cladding remains uncovered and undamaged by the boarding; (ii) all boards shall be fastened securely in a manner that minimizes damage to the Heritage Attributes and the historic fabric and is reversible and minimizes visual impact; (iii) all boards should be at least 12.7 mm (0.5 in.) weatherproofed sheet plywood secured with nails or screws at least 50 mm (2 in.) in length and be installed at appropriate intervals on centre; (iv) all boards shall be painted or otherwise treated so that the colour blends with the exterior of the building or structure; (v) no opening shall be secured by brick or masonry held in place by mortar unless approved by Council. 3.27(c) The exterior of any vacant building or structure on a Heritage Property shall be maintained to prevent moisture penetration and damage from the elements. 3.27(d) The floor area of any vacant building or structure located on a Heritage Property shall be kept free from any hazard and or debris that would impede access inside the building by emergency personnel. 3.28-Enhanced Standards 3.(28) (a) Subject to the Ontario Heritage Act and Building Code Act, where the provisions of this By-law, create different standards for the maintenance and occupancy of property in the Town the provision that establishes the highest standard for the protection of the Heritage Attributes shall prevail. Prolonged Vacancy 3.(29)(a) In addition to the provisions of this by-law for vacant and damaged Heritage Properties, where any building or structure on a Heritage Property remains vacant for a period of 45 days or more, window screening in the form of an opaque visual barrier with a historical theme, shall be installed over all windows in a secure and properly fitted manner to prevent any person from being able to see through the windows into the building or structure; and, 4.0-ADMINISTRATION AND ENFORCEMENT 4.1-Establishing the Property Standards Committee 4.(1) (a) A Property Standards Committee is hereby established which shall be composed of five (5) individuals appointed from time to time by Council. 4.(1) (b) Each member of the Committee shall be appointed for a term concurrent with the term of Council. 4.(1) (c) When a vacancy occurs in the membership of the Committee, the Council shall forthwith fill the vacancy. 4.(1) (d) 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 acting chair. 4.(1) (e) Any member of the Committee may administer oaths. 4.(1) (f) The members of the Committee shall be paid such compensation as the Council may provide. 4.(1) (g) Secretarial services for the Committee shall be provided through the office of the Town Clerk. 4.(1) (h) The Secretary of the Committee shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the Committee, and the Municipal Act, 2001, as amended, applies with necessary modifications to such documents. 4.(1) (i) A majority of the Committee constitutes a quorum. 4.(1) (j) The Committee may adopt its own rules of procedure but before hearing an appeal the Committee shall give notice or direct that notice be given of such hearing to such persons as the Committee considers should receive such notice. 4.2-Property Standards Officer--General Duties 4.(2) (a) Upon receipt of a valid written complaint on a form provided by the Town, the Officer shall administer and enforce the provisions of this By-law, and in the performance of such duty, he shall have all the powers and responsibilities set forth in the Building Code Act, as amended, and the Regulations thereto. 4.3-Right of Entry 4.(3) (a) Subject to section 4.(2)(a) an Officer may, upon producing proper identification, enter upon any Property at any reasonable time without a warrant for the purpose of inspecting the Property in relation to the complaint to determine, (i) whether the Property conforms with the standards prescribed by this By-law; or (ii) whether an order made under paragraph (c) of this subsection has been complied with. 4.4-Orders 4.(4) (a) An Officer who finds that a Property does not conform with any of the standards prescribed in this By-law may make an order: (i) stating the municipal address or the legal description of such Property, (ii) 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 leveled condition; (iii) indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the Town may carry out the repair or clearance at the Owner's expense; and (i) indicating the final date for giving notice of appeal from the order. 4.5-Service and Posting of Order 4.(5) (a) The 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. 4.6-Removal Prohibited 4.(6) (a) Where any sign, notice, order or placard has been placed on any premises pursuant to this By-law, no person shall remove such sign, notice or placard from the premises without the authority of the Officer. 4.7-Registration of Orders 4.(7) (a) The order may be registered in the proper land registry office, and upon such registration, any person having an 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 paragraph 4.(5) (a)of this subsection, and when the requirements of the order have been satisfied, the Clerk of the Town 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. 4.8-Appeal to Property Standards Committee 4.(8) (a) When the Owner upon whom an order has been served is not satisfied with the terms or conditions of the order, he may appeal to the Property Standards Committee by sending notice of appeal by registered mail or personal delivery to the Secretary of the Property Standards Committee within fourteen days after being served with the order. 4.(8) (b) An order that is not appealed within the time referred to in paragraph (a) of this subsection shall be deemed to be confirmed. 4.(8) (c) The Secretary of the Committee shall, upon receipt of the notice of appeal, fix an appointment for hearing thereof and give notice in writing of the appointment for hearing at least fourteen days prior to the date fixed therefore to the appellant and to the Officer who issued the order. The Committee may give further notice or direct that notice be given of the hearing of an appeal to such other persons as the Committee considers advisable. 4.9-Powers of Committee on Appeal 4.(9) (a) If an appeal is taken, the Committee shall hear the appeal and shall have all the powers and functions of the Officer who made the order and may, (i) confirm, modify or rescind the order to demolish or repair; (ii) extend the time for complying with the order if, in the Committee's opinion, the general intent and purpose of the By-law is maintained. 4.(9) (b) The Secretary of the Committee shall serve a copy of the Committee's written decision to the appellant and the Officer who issued the order. 4.10-Appeal to Court 4.(10) (a) The Town, or any Owner or Occupant or person affected by a decision under paragraph (a) of subsection (4) of this section may appeal to a judge of the Superior Court of Justice by notifying the Clerk of the Town in writing and by applying to the Superior Court of Justice for an appointment within 14 days after being served with the order. 4.(10) (b) The Superior Court of Justice shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and the person upon whom the appointment is to be served. 4.(10) (c) On the appeal, the judge has the same powers and functions as the committee. 4.11-Effect of Decision 4.(11)(a) An order that is deemed to be confirmed under paragraph (b) of subsection (3) of this section, or that is confirmed or modified by the Committee under paragraph (a) of subsection (4) of this section, or a judge under paragraph (c) of subsection (5), as the case may be, shall be final and binding upon the owner who shall carry out the repair or demolition within the time and in the manner specified in the order. 4.12-Certificate of Compliance 4.(12) (a) Following the inspection of a Property, the Officer may, or upon the request of the Owner, shall, where no building permit was required, issue to the Owner a certificate of compliance, if, in the Officer's opinion, the Property is in compliance with the standards set out in this By-law. 4.(12) (b) Where the Owner has made written request for a certificate of compliance the fee of Sixty Dollars ($60.00) shall be paid prior to the issuance of the certificate of compliance. 5.0-EMERGENCY POWERS 5.1-Emergency Orders 5.(1)(a) Despite any other provision of this By-law, if, as provided under section 15.7 of the Building Code Act, as amended, upon inspection of a Property the Officer is satisfied that there is nonconformity with the standards 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 nonconformity and requiring remedial repairs or other work to be carried out immediately to terminate the danger. 5.2-Service of Emergency Order 5.(2)(a) The Order shall be served on the Owner of the Property and such other persons affected thereby as the Officer determines and a copy shall be posted on the Property. 5.3-Emergency Powers 5.(3)(a) After making an order under subsection (1) of this section, the Officer may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the Town may, through its employees and agents, at any time enter upon the Property in respect of which the order was made without a warrant. 5.4-No liability 5.(4)(a) The Officer, the Town or anyone acting on behalf of the Town is not liable to compensate the Owner, Occupant or any other person by reason of anything done by or on behalf of the Town in the reasonable exercise of its powers under subsection (3) of this section. 5.5-Service 5.(5)(a) Where the order was not served before measures were taken by the Officer to terminate the danger, the Officer shall forthwith after the measures have been taken serve or send copies of the order in accordance with subsection 2 of this section as soon as practicable after the measures have been taken, and each copy of the order shall have attached to it a statement by the Officer describing the measures taken by the Town and providing details of the amount expended in taking the measures. 5.6-Service of Statement 5.(6)(a) If the order was served before the measures were taken, the Officer shall serve a copy of the statement mentioned in subsection (5) of this section in accordance with subsection (2) of this section as soon as practicable after the measures have been taken. 5.7-Application to Court 5.(7)(a) As soon as practicable after the requirements of subsection (5) or (6) of this section have been complied with, the Officer shall apply to a judge of the Superior Court of Justice for an order confirming the order made under subsection (1) of this section and the judge shall hold a hearing for that purpose. 5.8-Powers of Judge 5.(8)(a) The judge in disposing of an application under subsection (X) of this section shall: 5.(8) (a)(i) confirm, modify, or rescind the order; and 5.(8) (a)(ii) determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part, or not at all. 5.9-Order Final 5.(9)(a) The disposition under subsection (X) of this section is final. 6.0-FAILURE TO COMPLY - ENFORCEMENT - PENALTIES 6.1-Enforcement--Remedial 6.(1) (a) If an order made pursuant to paragraph 4.(2)(c) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the Committee or a judge, the Town may cause the Property to be repaired or demolished accordingly. 6.(1) (b) For the purpose of paragraph (a) of subsection (1) of this section, employees or agents of the Town may enter the Property at any reasonable time without a warrant in order to repair or demolish the Property. 6.(1) (c) The Town or a person acting on the Town's behalf is not liable to compensate the Owner, Occupant, or any other person by reason of anything done by or on behalf of the Town in the reasonable exercise of its powers under paragraph (a) of subsection (1) of this section. 6.(1).(d) The Town shall have a lien on the land for the amount spent on the repair or demolition under paragraph (a) of subsection (1) of this section and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001. 6.2-Enforcement--Statutory Injunction 6.(2)(a) In addition to any other remedy and to any penalty imposed under this By-law, a contravention of any of the requirements of this By-law may be restrained by application at the instance of a taxpayer or of the Town in accordance with the provisions of the Municipal Act, 2001. 6.3-Enforcement--Offence 6.(3) (a) Every person who contravenes any provision of this By-law is guilty of an offence. 6.(3) (b) An Owner is liable, upon conviction, to a fine of not more than twenty five thousand dollars ($25,000) for a first offence and to a fine of not more than ($50,000) for a subsequent offence. 6.(3) (c) Notwithstanding paragraph (b) of this subsection, a corporation is liable, upon conviction, to a fine of not more than fifty thousand dollars ($50,000) for a first offence and to a fine of not more than one hundred thousand dollars ($100,000) for a subsequent offence. 7.0-REPEAL 7.(1) By-law Numbers 043-1979, 007-1976, and 63-2007 are hereby repealed, in their entirety. Read a first and second time this 25th day of November, 2014. Read a third and final time and passed this 25th day of November, 2014. Steve Grose, Mayor Kevin McLIwain, CAO/Clerk 169 (INGERSOLL ST) 269 (EMILY ST) 223 (JAMES ST N) 775 465 (WIDDER ST E) 585 (Water St S) 500 701 950 600 25 588 (Thomas St) 304 30 520 300 600 375 25 (Front St) 186 2 575 895 940 338 (Elizabeth St) 485 309 588 780 95 433 24 60 5 580 95 560 121 246 20 449 556 25 89 100 187 696 267 (Queen St W) 221 95 25 175 22 485 55 100 555 20 190 728 275 600 585 411 4 895 151 575 16 24 549 515 515 349 516 590 556 425 253 580 625 5 209 95 599 1025 177 121 512 206 408 55 895 475 25 524 17 14 555 1 5 3 615 375 752 189 273 85 15 780 161 8 478 217 45 566 65 665 172 925 217 236 7 184 4 480 772 423 428 310 322 20 474 588 87 44 75 14 67 4 10 6 550 5 86 6 275 4 6 8 50 140 3 406 329 456 8 830 436 8 4 490 5 165 393 7 41 8 3 226 294 392 436 9 620 1 571 75 4 6 250 75 6 66 3 9 18 772 528 300 5 286 9 456 78 7 32 121 446 1 98 766 509 201 25 147 30 1 285 655 40 2 47 152 612 7 12 10 609 45 230 25 426 52 63 64 31 9 25 8 619 2 7 2 354 56 29 307 17 3 72 178 99 47 368 276 22 241 458 21 55 86 201 5 120 341 96 21 629 472 7 562 115 16 91 1 254 73 19 11 35 428 2 1 1 8 247 1 374 55 523 544 229 570 289 262 2 9 1 2 396 639 323 33 340 217 84 299 157 56 29 158 111 216 33 195 33 514 504 450 3 4 2 12 155 2 382 41 494 8 9 6 5 46 7 377 9 190 43 5 8 8 51 6 7 3 9 4 5 7 419 22 3 4 356 3 51 520 6 23 23 175 2 84 90 536 508 6 164 243 109 84 627 36 270 31 89 37 1 24 339 159 4 78 89 43 9 468 57 616 105 98 47 429 540 10 3 8 548 282 28 17 29 20 75 246 545 34 38 24 99 36 501 86 285 596 468 480 10 201 412 9 492 6 7 238 226 331 198 5 604 8 72 4 6 276 22 88 7 4 202 20 181 8 47 588 528 164 194 4 2 4 5 3 3 2 5 49 10 382 43 446 161 538 20 482 5 140 86 6 357 236 279 130 398 10 29 342 31 27 350 94 120 12 160 13 115 297 105 420 147 32 437 560 550 570 530 404 261 97 97 388 392 163 540 546 19 49 98 490 447 31 23 98 32 258 652 11 268 37 21 274 70 224 66 9 87 11 22 114 32 24 85 81 68 292 23 632 380 491 43 35 152 114 111 611 56 60 64 216 24 6 327 36 45 42 52 52 40 610 389 75 34 270 40 77 123 133 211 14 469 479 202 216 29 34 224 623 27 11 359 23 36 253 249 95 39 460 470 476 29 72 106 35 120 192 143 17 68 86 98 94 144 34 100 33 51 152 108 620 211 450 339 432 180 454 464 474 395 179 632 529 380 390 163 155 1 402 451 139 64 66 303 386 327 549 91 92 94 79 341 215 41 43 93 85 82 99 402 171 150 126 177 43 21 404 30 275 208 204 69 553 61 439 22 144 271 203 200 285 193 189 92 113 252 108 252 484 307 1 500 23 12 176 139 160 65 57 92 340 347 30 311 303 254 242 70 23 68 453 259 255 70 93 62 402 31 650 6 318 298 331 418 25 128 37 41 221 35 319 143 15 39 401 339 76 165 138 338 111 16 91 48 25 61 71 27 77 29 458 34 35 252 395 26 71 76 98 500 55 493 214 332 529 10 246 67 181 14 308 15 36 95 53 670 638 644 85 587 662 84 48 422 95 179 106 297 490 382 89 10 241 374 42 31 223 404 431 18 18 11 12 106 150 19 30 81 415 90 56 195 50 51 302 147 116 342 21 13 65 78 11 11 11 310 320 344 332 326 350 212 248 485 349 395 290 46 66 58 62 74 70 54 50 152 17 114 217 223 18 489 30 197 170 253 196 36 323 120 136 31 192 67 64 12 13 106 243 168 41 263 309 100 315 100 23 249 180 14 12 10 26 240 189 177 77 105 86 72 223 124 113 306 119 453 416 80 424 200 33 29 22 26 23 46 19 92 396 27 258 496 324 385 375 35 477 461 438 31 58 422 45 15 431 75 49 31 45 29 10 25 21 23 27 195 19 56 17 46 48 15 52 48 12 57 37 47 15 43 39 49 45 41 517 107 34 13 521 38 95 42 44 432 453 46 218 14 34 437 11 94 158 120 315 36 63 69 61 25 62 81 70 171 22 500 94 145 72 32 86 90 94 100 386 112 331 21 177 31 12 282 317 469 593 286 34 10 62 248 171 179 194 328 385 17 293 105 17 29 23 67 51 15 73 198 55 26 35 482 20 35 61 32 73 30 28 102 58 50 62 28 72 22 46 34 68 34 164 194 238 188 11 114 39 42 73 343 12 104 83 100 222 171 51 11 106 24 28 18 23 24 349 27 14 137 467 308 359 481 461 93 475 226 12 399 413 10 63 175 70 453 163 28 24 137 28 20 256 291 328 293 299 27 34 38 56 110 316 17 135 460 109 63 402 59 90 60 78 68 104 86 102 60 82 89 97 93 85 230 265 404 380 401 21 161 249 17 178 128 191 47 86 90 14 15 13 400 137 140 161 146 109 446 155 64 152 402 83 248 59 429 146 539 460 466 472 478 52 143 158 264 484 223 161 134 157 152 155 142 145 153 226 490 499 493 485 477 465 471 403 461 136 10 62 94 188 315 256 282 164 125 98 245 505 332 137 425 322 21 341 190 30 333 325 17 15 15 17 16 14 14 16 34 356 19 320 325 253 437 154 27 137 121 439 11 333 150 55 109 151 25 27 23 29 135 276 174 110 331 174 110 271 99 94 112 149 12 15 169 229 104 37 27 41 33 33 19 23 365 18 55 31 105 109 146 162 60 311 107 156 58 177 136 240 417 148 195 24 152 283 547 128 136 120 35 42 38 144 52 23 34 29 44 39 17 46 158 183 361 355 155 246 104 257 317 377 52 102 35 224 28 116 202 24 230 141 184 192 200 208 216 277 176 144 101 106 238 129 314 17 48 44 158 238 350 326 332 338 344 320 36 34 26 28 187 307 209 62 166 172 247 133 125 163 233 251 267 162 169 151 173 76 157 147 20 22 337 230 382 114 114 157 305 164 342 157 18 160 166 141 155 153 129 152 387 212 124 105 228 84 104 233 229 224 178 27 170 151 110 108 89 263 148 220 25 211 228 240 232 236 260 251 197 60 21 14 199 155 158 130 416 10 101 101 265 20 237 146 358 201 254 111 100 165 61 101 135 187 403 196 211 415 191 149 184 221 71 431 266 151 143 123 220 14 101 210 201 200 139 130 587 17 103 61 159 197 17 17 416 4 214 23 155 101 22 145 127 27 143 113 33 34 121 11 36 115 48 123 163 150 436 289 185 285 164 256 244 152 238 146 158 250 238 210 196 204 188 270 279 130 232 271 237 263 243 257 249 360 231 244 223 133 201 188 300 221 217 130 189 184 178 136 192 182 176 186 134 24 307 342 354 370 282 114 81 256 177 252 294 196 242 227 595 59 350 440 231 144 504 129 220 379 132 303 131 135 150 88 233 601 609 332 614 258 173 367 156 293 387 393 234 238 225 19-5 379 403 413 440 608 98 585 162 118 251 426 44 52 60 56 48 64 574 383 511 206 657 313 450 72 84 80 76 68 430 624 430 19 319 315 326 330 605 588 252 436 249 229 603 140 571 629 530 536 550 547 557 541 570 567 531 527 556 560 540 537 546 566 561 625 526 551 521 617 592 589 596 595 602 599 147 75 642 368 341 367 292 387 636 396 374 364 124 440 211 517 344 420 423 216 223 219 361 499 352 151 229 238 363 351 357 487 207 441 395 399 319 563 389 573 98 353 235 228 239 199 317 356 38 495 481 437 450 150 357 383 505 232 225 520 224 244 390 255 275 271 265 251 283 136 416 122 223 316 425 320 268 216 430 307 287 345 317 272 255 202 216 191 212 240 143 210 247 265 216 197 201 262 147 209 222 156 176 119 236 262 436 138 47 459 467 518 486 477 471 482 492 310 306 300 290 210 230 438 487 491 481 214 222 267 309 347 13 125 256 215 170 219 155 137 353 147 127 133 151 136 324 153 334 249 23 15 69 75 63 95 51 39 87 99 71 65 81 41 89 53 45 83 47 93 77 57 59 35 33 29 27 269 321 246 183 182 164 210 119 5 9 3 7 201 175 253 243 226 106 221 102 209 195 247 243 599 182 188 198 204 250 256 192 67 235 289 281 217 212 506 273 211 69 75 77 71 91 87 99 81 83 93 73 79 85 47 31 89 61 57 59 63 53 51 49 55 33 43 37 41 39 29 45 35 239 233 256 203 233 216 117 202 263 259 151 233 86 126 152 266 239 136 270 342 230 266 30 70 149 260 497 495 65 215 214 220 314 591 22 597 237 274 262 202 125 158 112 219 219 187 250 115 170 26 191 347 165 197 193 156 139 206 208 358 260 173 144 233 100 368 364 297 196 234 109 243 229 198 239 228 180 103 211 105 259 146 214 191 213 130 64 152 193 119 117 196 205 201 559 195 259 224 101 397 393 131 174 125 194 348 230 234 226 220 325 341 243 142 265 146 101 167 116 261 117 139 145 118 213 133 72 156 163 121 141 159 155 139 141 226 147 19-4 19-319-2 223 235 237 225 117 26 282 156 288 286 184 182 222 224 284 111 11 104 136 127 46 140 266 158 180 178 331 172 84 268 138 162 124 119 170 174 121 97 166 23 176 115 122 168 134 133 135 100 132 126 163 237 8 5 29 168 144 96 160 152 11 375 18 104 23 88 80 112 72 22 64 56 23 17 48 40 32 24 176 16 136 87 39 15 63 128 10 120 71 75 79 83 35 39 12 35 27 19 23 31 67 4 5 9 2 1 61 59 57 14 70 6 25 55 65 69 5 9 50 16 23 19 15 21 24 62 20 58 195 29 54 53 66 70 86 175 85 183 187 15 184 176 191 10 82 78 74 180 49 37 33 81 77 73 41 45 5 4 5 89 59 47 59 95 35 65 101 83 53 95 53 41 89 71 83 77 71 77 65 11 23 52 17 10 16 22 11 34 40 46 28 107 41 35 47 29 17 23 131 113 119 125 156 125 131 137 108 143 149 150 114 119 144 113 126 120 107 138 155 101 132 380 352 296 324 3 6 180 QUEEN ST E. EMILY ST THOMAS ST PERTH RD 120A CHURCH ST N. ELGIN ST W. WATER ST S. WIDDER ST E. WELLINGTON ST S. HURON ST S. ONTARIO ST N. JONES ST W. THAMES AVE PARK ST GLASS ST ELIZABETH ST CARRALL ST TRACY ST MAXWELL ST GIVEN RD ARDMORE AVE EGAN AVE SOUTHVALE RD STATION ST MAIDEN LN CAIN ST STONERIDGE BLVD MEADOWRIDGE DR PEEL ST N. ANN ST WILLIAM ST ROGERS AVE CHARLES ST KING ST N. SAMUEL ST INGERSOLL ST MARKHAM ST ROBINSON ST ST MARIA ST INDUSTRIAL RD ST. GEORGE ST N. VICTORIA ST RAGLAN ST WARNER ST PELISSIER ST RIDGEWOOD CRES FRONT ST ST. JOHN ST N. TRAILSIDE CRT SOUTH SERVICE RD THAMESVIEW CRES EDISON ST ST. ANDREW ST. N. MILLSON CRES SPARLING CRES WILLARD CRT WESTOVER ST GUEST CRT GEORGE ST VALLEYVIEW LN JARDINE ST TIMMS LN WHITE CRT PARKVIEW DR DUNSFORD CRES PARK LANE OAKWOOD CRT TRAFALGAR ST MARGARET CRT LADY CRT WASHINGTON ST PARKHAVEN ELGIN CRT MEIGHEN CRT ETHEL CRT PERTH RD 130 MEADOWRIDGE CRT HILLSIDE CRT ELIZABETH ST WELLINGTON ST N. TIMMS LN VICTORIA ST HURON ST N. JAMES ST N. ST JOHN ST S. WATERLOO ST S. CRES GRAHLYN AVE. ST JOHN ST S. JONES ST E. ST GEORGE ST S. QUEEN ST W. WATER ST N. PEEL ST S. ELGIN ST E. JAMES ST S. RIDGEWOOD CRES THAMES RD SALINA ST N. KING ST S. WIDDER ST W. BROCK ST S. ST ANDREW ST S. PERTH ROAD 139 550 528 524 532 536 548 540 542 544 546 9 57 63 54 51 117 15 69 123 21 27 33 39 45 86 78 94 75 81 87 93 99 46 22 30 38 14 147 156 153 141 172 164 165 111 135 129 105 159 43 5 19 39 9 47 23 51 15 63 59 35 55 27 31 146 150 167 154 191 158 162 127 187 166 183 179 175 171 194 190 186 182 178 174 170 119 115 123 CRT HIGHLAND CHURCH ST S. 3 1 418 268 184 156 240 212 505 9 616 60 296 135 98 626 102 247 105 103 255 179 124 65 365 97 26 500 57 65 69 77 73 61 241 579 581 567 561 65 33 45 41 37 49 53 37 39 64 32 34 247 144 14 CARLING ST 84 LINDSAY ATKINSON DR 472 480 496 488 483 475 TRILLIUM CRES BIRTCH CRT HOMEFIELD CREEK CRES 1 5 9 30 2 70 26 16 66 53 6 50 13 2 17 37 32 49 33 21 25 29 22 6 37 45 41 20 24 28 33 34 15 11 74 41 46 86 54 82 18 38 62 42 50 46 54 26 58 22 137 136 10 78 14 130 259 18 14 211 275 271 42 30 34 58 38 267 10 202 263 135 95 97 198 231 111 229 115 117 109 123 129 127 121 219 133 213 217 223 225 237 249 235 243 247 241 253 ENTERPRISE DR 202 190 72 354 162 177 475 (Water St S) 105 82 126 110 122 118 114 131 111 113 125 105 107 123 129 135 137 141 143 98 3A 1B 1A 3B 93 85 205 238 238 13 18 366 425 301 330 351 289 275 171 50 38 188 150 (CAIN ST) 150 (CAIN ST) 107 16 480 11 408 407 16 20 18 356 585 (Water St S) 81 88 496 (Grahlyn Ave) 209 153 250 244 465 462 466 317 (James St S) 25 80 118 175 160 699 360 269 268 (Maiden Ln) 448 20 164 187 120 33 500 465 7 769 180 50 664 385 381 81 103 106 74 35 113-115 96-98 105-107 49-51 66-68 80-82 57-59 65-67 73-75 81-83 89-91 97-99 88-90 58-60 153-155 120-122 121-123 145-147 137-139 129-131 112-114 104-106 41-43 539 SALINA ST S. ONTARIO ST S. 150 395 611 0 250 500 750 1,000 125 Metres 2014 Projection Information: Universal Transverse Mercator Zone 17 North, North American Datum 1983 ´ TOWN OF ST. MARYS Naturalized Area Map Property Standards Schedule "A" Legend Lots St. Marys Boundary Naturalized Areas