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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
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221
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175
22
485
55
100
555
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190
728
275
600
585
411
4
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209
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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