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The Corporation of The
Township of Stone Mills
By-law 2023-1200
Being A By-Law To Provide Standards For The Maintenance And Occupancy
Of Property Within the Township of Stone Mills.
WHEREAS Section 15.1 (3) of The Building Code Act, S.O. 1992 provides
that a By-law may be passed by Council of a municipality prescribing
standards for the maintenance and occupancy of property within the
municipality or within any defined area or areas and for prohibiting the
occupancy or use of such property that does not conform with the
standards; and requiring property that does not conform with the standards
to be repaired and maintained to conform with the standards or the site to
be cleared of all buildings, structures, debris or refuse and left in graded
and levelled condition; and
WHEREAS Section 15.6 (1) of the Building Code Act, 1992 provides that
a by-law passed under section 15.1 shall provide for the establishment of a
committee composed of such persons, not fewer than three, as the council
considers advisable to hold office for such term and on such conditions as
the by-law may establish; and
WHEREAS Section 9.9 of the Official Plan for the Township provides that,
“Council encourages the development and maintenance of an efficient and
pleasant environment for living, working, shopping, and_ recreation.
Although the quality of property and its maintenance is generally high, there
is an ongoing need to ensure that adequate standards of maintenance will
be pursued in future to safeguard the values built into the physical
community. To this end, it is the intention of Council to introduce and
continue a property standards program”.
NOW THEREFORE the Council of The Township of the Township of Stone
Mills enacts as follows:
1.0 Definitions
Lell For the purposes of this bylaw, the following words shall have
the meanings associated therewith.
Accessory A use customarily incidental and subordinate to, and,
Building exclusively devoted to the main use of the lot,
building or structure and located on the same lot
Basement The bottom floor of a building which may be partly
underground which has one half or more of its height
from finished floor to finished ceiling above the
finished grade
Building A structure, other than a wall or fence, having a roof,
Supported by columns or walls or supported directly
on the foundation, and used for the shelter,
accommodation or enclosure of persons, animals or
goods.
Page 1
Building Code
Building Code Act
Committee
Council
Developed Lot
Dwelling
Dwelling Unit
Fence
Grade
Habitable Room
Hard Surface
Hazardous
Situation (Hazard)
Heritage Attribute
The regulations made under Section 34 of the
Building Code Act, 1992, S.0. 1992, c.23, as
amended
The Building Code Act, 1992, S.O. 1992, c.23, as
amended
The Property Standards Committee established
pursuant to the provisions of this by-law
The Council of The Corporation of The Township of
Stone Mills
A lot which has had buildings or structures erected
thereon in accordance with the legal uses applicable
to that lot
A building occupied or capable of being occupied as
the home or residence of one or more persons,
containing one or more dwelling units, but shall not
include a trailer, motor home, or mobile home
One or more habitable rooms designed for and/or
used and occupied by persons in which kitchen and
sanitary facilities are provided for the exclusive use
of such persons
Any structure which is erected for the purpose of
screening, safeguarding, retaining or enclosing
property or delineating property lines, which may be
constructed of chain link metal, wood, stone, metal,
brick or other similar materials or combination
thereof
The average elevation of the finished surface of the
ground where it meets the exterior of a building
Any room or area intended for living, sleeping, eating
or cooking and includes but is not limited to living
rooms, family rooms, dens, bedrooms, breakfast
rooms, dining rooms and kitchens
In respect to driveways, parking areas and
walkways, the placement of granular or other
materials sufficient to prevent the infiltration of
organic soils, which surface may include paving
stones, cement, asphalt, wood or composite
materials
Any _ situation, location, property, — structure,
arrangement of materials or combination thereof
that causes or is likely to cause a risk of injury to
persons and/or damage to property
A particular feature of lands, a form of construction
or a feature of construction, associated with lands
buildings or structures that has been designated
under the Ontario Heritage Act, or otherwise in a by-
Page 2
Lot
Non-habitable
Room
Occupant
Officer
Organic Water
Owner
Property
Standards
Township
Unsafe Condition
Washroom
law designating a heritage conservation district
pursuant to the Ontario Heritage Act
A parcel of land the fee simple title to which is
capable of being lawfully conveyed without
contravening the Planning Act
Any portion of a dwelling or dwelling unit intended to
serve a specific purpose, other than a habitable
room, and includes rooms or areas such as a
washroom, boiler room, laundry, pantry, lobby,
corridor, stairway, closet, elevator, basement or
other space for service and maintenance
Any person or persons over the age of eighteen (18)
years in possession or occupation of property
A Property Standards Officer appointed or charged
with the administration and/or enforcement of this
by-law from time to time by Council including any
person assigned such responsibilities by the Officer
Waste water produced from sinks, baths, washing
machines, kitchen appliances and other domestic
sources, but excluding any water that contains or
which may contain human waste
The person or persons that appear on the tax roll as
the owner of a parcel of land or the person or
persons who has legal or equitable title to the parcel
of land. Without limiting the generality of the
foregoing, an Owner may also include the person
who at any time manages or receives the rent of the
land or premises whether on his or her 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
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, structures
and erections thereon whether heretofore or
hereafter erected and includes lands with no
buildings or structures thereon
The standards of physical conditions and occupancy
set out in this By-law
The Corporation of The Township of Stone Mills
Includes a structurally unsound building or structure
or any other condition that, if not corrected, could
create a hazardous situation
Any room or area containing a toilet, urinal, bathtub,
shower or washbasin or any combination thereof
Page 3
Yard
2.0
Pal
3.0
3
ew
4.0
“hk
4.2
5.0
5.1
5.2
Bad
5.4
A space, appurtenant to a building or structure and
located upon the same lot as the building or structure
and which space is open, uncovered and unoccupied
from the ground to the sky except for such accessory
buildings, structures or uses as are specifically
permitted by by-law
Title of By-law
This by-law may be cited as the "Property Standards By-law".
Effect on Other By-laws
By-law 2023-1198, being a By-law to provide for the
maintenance of lands in a safe condition, together with such
other by-laws that may amend or supersede By-law 2023-1198,
are not affected by this by-law and unless repealed by Council,
shall remain in full force and effect.
By-law 2007-374 being a by-law to prescribe the height,
description and requirements for swimming pool fences,
together with such other by-laws that may amend or supersede
By-law 2007-374, are not affected by this by-law and unless
repealed by Council, shall remain in full force and effect.
Interpretation and Severability
In this by-law, a word stated in the singular has a
corresponding meaning when used in the plural and any word
used in the masculine gender is equally applicable to the
feminine gender.
If the decision of any court deems any provision or requirement
of this By-law, or the application of this By-law to any person
to be invalid or unenforceable, this decision shall not affect any
other provision or requirement, and the balance of this by-law
shall remain in full force and effect.
Applicability
Every person shall ensure that property owned or occupied by
them is repaired, maintained and kept in a condition in
compliance with the minimum standards established by this by-
law in sections 6 through 16.
The standards provided in this By-law apply to all properties
within the Township.
The standards established by this by-law shall be deemed to be
the minimum standards of maintenance, and nothing contained
herein shall be construed to prevent the maintenance of a
property to a higher standard than that provided within this by-
law.
The provisions of this by-law shall not apply to a building or
structure while it is under construction and for which a building
permit has been issued, provided work has commenced and is
continuing towards completion diligently and in accordance
with the permit.
Page 4
6.0
6.1
6.2
6.3
6.4
6.5
7.0
Foust
8.0
8.1
8.2
9.0
Dood
0.2
9.3
9.4
9.5
Drainage
No person shall cause or permit the deposit of soils or the
ponding of water onto driveways, parking areas, walkways, or
any yards. No person shall cause or permit water to enter into
a building or structure.
No person shall cause or permit sewage or organic water to be
discharged into any yard or any private or public property not
owned by the person causing or permitting the discharge.
No person shall cause or permit roof drainage, swimming pool
water, pump discharge or surface water to be discharged on
driveways, parking areas, walkways, stairs or directed onto
neighbouring property.
When eavestroughs and downspouts are installed, no person
shall cause or permit the roof drainage to be discharged onto
the ground less than 1.2 meters from any building.
No person shall store snow in a manner that causes or is likely
to cause ponding of water on adjacent properties or the entry
of water into a structure on an adjacent property.
Illumination
No person shall cause or permit lights to illuminate abutting
properties, public roads or right of ways or a river, lake or
wetland area where the light may be reflected.
Walkways, Parking Areas, Driveways
The pedestrian access to the principal entrance of any dwelling,
dwelling unit or other residential or non-residential structure
shall be maintained in a safe condition.
Walkways, parking areas and driveways shall be constructed or
finished with a hard surface and free from tripping hazards.
Vermin and Rodents
No person shall cause or permit buildings or structures to be
infested with vermin or rodents, or to create a situation that
may or is likely to attract vermin or rodents.
The methods used for the extermination of vermin or rodents
shall be in accordance with the applicable statues, regulations
or by-laws of any authority having jurisdiction.
Garbage or refuse that could attract vermin or rodents shall not
be placed upon any property, including a fence or retaining
wall.
All garbage shall be placed in a container that is intended to
deny vermin and rodents the ability to access the garbage at
all times prior to the disposal of the garbage in accordance with
the applicable by-law of the Township.
Garbage that has been placed in a container shall be disposed
of in a timely manner so as not to attract vermin or rodents or
to create odours.
Page 5
9.6
10.0
10.1
10.2
10.3
10.4
10.5
10.6
11.0
11.1
11.2
11.3
Paragraph 9.4 does not apply to the placement of materials
intended for and used solely for:
the baiting of bears, providing such materials is placed no less
than 600 meters from any building intended for residential
purposes, and
the creation of compost, provided such materials are placed
within a container designed for this purpose, or within an area
that has been fenced in such a manner to deny vermin and
rodents the ability to access the compost material, and that a
distance is maintained of not less than 15 meters between the
compost material and any building used for residential
purposes not located upon the same lot as the compost
material.
Buildings and Structures
All buildings and structures shall be erected and maintained in
a condition to safely sustain its own weight plus any load or
force that would normally be imposed upon that building.
Exterior walls, the roof or any attachments thereto, shall be
free from loose or improperly secured materials or other
objects.
Every roof shall be maintained in a watertight condition
An Officer may request an Owner to provide a report prepared
by a qualified professional of any building or structure which in
the opinion of the Officer, may not be structurally sound, and
when such a report is requested, the report shall be produced
at the expense of the Owner and within the time period
specified by the Officer.
Exterior openings for doors and windows shall be fitted with
doors or windows.
Exterior windows and doors, including window frames, sashes,
casings, weather-stripping, and glass, shall be maintained in a
weather tight condition to prevent drafts or water leakage.
Residential Tenancies
The maintenance standards prescribed by the Residential
Tenancies Act and Ontario Regulation 517-06, as amended
from time to time, shall be incorporated by reference as the
standards of maintenance required by this by-law when the
building is the subject of a residential tenancy.
No person shall cause or allow the standards of maintenance
of a building which is the subject of a residential tenancy to be
less than the standard provided by this by-law.
In the event of a conflict between a standard established by
this by-law, and a standard established by Ontario Regulation
517-06, the standard of Ontario Regulation 517-06 shall
prevail.
Page 6
12.0
12.1
122
LPs
12.4
12.5
12.6
13.0
13.1
13.2
14.0
14.1
14.2
Occupancy Standard
No person shall cause or permit the number of occupants
inhabiting a dwelling or dwelling unit to exceed the density
provided by this by-law.
The maximum number of occupants in a dwelling unit shall not
exceed one person per 100 square feet of habitable room floor
area.
For the purpose of determining the number of occupants, a
child under one year of age shall be deemed one-half person.
When calculating the habitable room floor area, the area of a
non-habitable room of a dwelling or a dwelling unit shall be
excluded from the calculation.
When calculating the habitable room floor area, the area of a
habitable room of a dwelling or a dwelling unit where the ceiling
is less than five feet high above the floor shall be excluded from
the calculation.
Every room used for sleeping purposes in a dwelling or a
dwelling unit shall provide a minimum floor area of at least 5.6
square meters with not less than 3.7 square meters for each
additional occupant, provided that for the purpose of this
paragraph, two children under the age of six years may be
counted as one person.
Designated Heritage Properties
No person shall cause or permit the alteration, destruction or
impairment of any attributes associated with a property
designated under the Ontario Heritage Act.
Repairs to a building or structure or to components of a building
or structure designated under the Ontario Heritage Act, shall
be completed ina manner that:
(a) minimizes damage to the heritage attribute,
(b) maintains the design, colour, texture, grain or other
distinctive feature of the heritage attribute,
(c) uses the same material as the original and which is in
keeping with the design, colour, texture, grain and other
distinctive features of the original, and
(d) where the same type of material as the original is no
longer available, using municipally approved alternative
materials that replicate the design, colour, texture, grain
or other distinctive feature and appearance of the
Original material.
Un-Occupied Buildings
Any building which is intended to be left un-occupied for a
period or 30 days or more shall be secured to prevent the
infiltration of the elements of weather.
Within 60 days following any vandalism or placement of graffiti
on any property the owner shall repair the building to a state
of repair equal to or better than the state of the property prior
to the vandalism or graffiti.
Page 7
15.0
15.1
15.2
16.0
16.1
16.2
17.0
17.1
18.0
19.0
1S..1
Unsafe Conditions
No person shall cause or allow a hazardous situation or unsafe
condition to exist upon any property within the Township.
Where an Officer believes that a hazardous situation or unsafe
condition exists, the Officer may issue and serve an order in
accordance with the Building Code Act.
Administration and Enforcement
Every Person who contravenes any provision of this By-law
shall, upon issuance of a Penalty Notice in accordance with the
By-Law to Impose Administrative Monetary Penalties for
Violations of Municipal By-Laws 2023-1198, be liable to pay to
the Township an Administrative Monetary Penalty in
accordance with By-Law 2023-1198.”
As it relates to Section 16.1 above, should the appellant fail to
attend the scheduled appeal hearing respecting the order
issued by the Screening and / or Hearing Officer a fee will be
collected in accordance with the terms of the By-law to Impose
Administrative Monetary Penalties for Violations of Municipal
By-laws 2023-1198.
Obstructing an Officer
No person shall obstruct or hinder or attempt to obstruct
or hinder a Provincial Offences Officer or other authorized
employee or agent of the Township in the exercise of a
power or the performance of a duty under this by-law.
Without limiting the generality of the foregoing, the
following are deemed to constitute obstruction pursuant
to this By-law:
(a) any person who fails to provide proof of
identification satisfactory to the Provincial Offences
Officer when requested to do so; and
(b) any person who fails to provide information to the
Provincial Offences Officer from the Ministry of
Transportation regarding the licensing status of
any vehicle when requested to do so, regardless of
the ownership of the vehicle.”; and
Duties
Every owner of property and every officer or director of a
corporation that owns property within the Township has a duty
to take all reasonable care to prevent occupants and users of
their property from breaching the provisions of this By-law.
(a) Every person who has a duty under this section and fails
to carry out that duty is guilty of an offence.
(b) A director or officer of a corporation is liable to a
conviction under this section whether or not the
corporation has been prosecuted or convicted.
Repealed By-law
That By-law 2017-888 be hereby repealed and replaced
Page 8
by this By-law.
20.0 Effective Date
20.1 This By-law will come into force and take effect on the date of
its passing.
21.0 Adoption
21.1 This By-law, having been read a first, second and third time; is
hereby adopted by the Council of the Township of Stone Mills
this 17 day of July, 2023.
Page 9