By-law 2021-019 Property Standards By-law (amended)

Strong, Ontario · No. 2021-019 · adopted 2021-06-08 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 39f1181705bd · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWNSHIP OF STRONG BY-LAW # 2021-019 PROPERTY STANDARDS BY-LAW Being a By-law to prescribe standards for the maintenance and occupancy of buildings and property. WHEREAS Section 15.1 (3) of The Building Code Act, R.S.O. 1990, c. 23. provides that the council of a municipality may pass a by-law to do the following things: (1) Prescribing standards for the maintenance and occupancy of property within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with the standards. (2) Requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or for the site to be cleared of all buildings, structures, debris or refuse and left in a graded and neat condition. AND WHEREAS Municipal Act, 2001, S.O. 2001, c. 25 section 10 (2) states; A single-tier municipality may pass by-laws respecting the following matters: 6) Health, safety and well-being of persons. 8) Protection of persons and property, including consumer protection. 10) Structures, including fences and signs. AND WHEREAS Municipal Act, 2001, S.O. 2001, c. 25 section 425 (1) A municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence. 2006, c. 32, Sched. A, s. 184. AND WHEREAS Municipal Act, 2001, S.O. 2001, c. 25 section 426 (1) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a by-law passed under this Act. 2006, c. 32, Sched. A, s. 184. AND WHEREAS Municipal Act, 2001, S.O. 2001, c. 25 section 436 (1) A municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: 1. A by-law of the municipality passed under this Act. 2. A direction or order of the municipality made under this Act or made under a by-law of the municipality passed under this Act. 3. A condition of a licence issued under a by-law of the municipality passed under this Act. 4. An order made under section 431. 2006, c. 32, Sched. A, s. 184. AND WHEREAS Municipal Act, 2001, S.O. 2001, c. 25 section 445 (1) If a municipality is satisfied that a contravention of a by-law of the municipality passed under this Act has occurred, the municipality may make an order requiring the person who contravened the by- law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention. 2006, c. 32, Sched. A, s. 184; 2009, c. 33, Sched. 21, s. 6 (38). AND WHEREAS Municipal Act, 2001, S.O. 2001, c. 25 section 446 (1) If a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense. 2006, c. 32, Sched. A, s. 184. AND WHEREAS the Fire Protection and Prevention Act, (FPPA) 1997, S.O., c4, as amended, requires every municipality to establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention and to provide such other Fire Protection Services as it determines may be necessary in accordance with its needs and circumstances; AND WHEREAS O. Reg. 213/07: FIRE CODE section 12. (1) states; The Minister may make regulations that are considered advisable or necessary for the purpose of establishing a fire code for Ontario governing standards for equipment, systems, buildings, structures, land and premises, as those standards relate to fire safety or the risk created by the presence of unsafe levels of carbon monoxide. 2013, c. 14, s. 3. AND WHEREAS the Council of the Township of Strong deems it necessary and expedient to pass a By-law to prescribe standards for the maintenance of the physical condition and the occupancy of property within the Township of Strong; NOW THEREFORE the Council of the Corporation of the Township of Strong enacts as follows: SECTION 1: GENERAL 1.1 Short Title This Bylaw may be cited as the "Property Standards By-law". 1.2 Defined Area This By-law applies to all property within the boundaries of the Township of Strong. 1.3 Scope No property shall be used and no building or structure or part thereof, shall be erected, altered, enlarged, maintained, used, or occupied for any purpose within the Township of Strong, except in conformity with the provisions of this By-law. SECTION 2: DEFINITIONS 2.1 "Accessory Building" means A use, separate building or structure, which is incidental, subordinate, exclusively devoted to and located on the same lot as the principle use building or structure but not including a building or structure which is used as a dwelling unless specifically permitted. 2.2 "Agricultural Use" means Any agricultural use or uses, structures or buildings accessory thereto, including field crops, animal husbandry, tree nurseries and any other use customarily carried on in the field of general agriculture, including the sale on the premises of produce grown or raised on the premises. 2.3 "Approved" means As applied to grade, material, device or method of construction approved by the By-law Enforcement Officer under the provisions of this By-law; approved by the Building Inspector under the provisions of the Building Code; approved by the Fire Chief under the provisions of the Fire Code, or approved by other authority designated by law to give approval to the matter at question. 2.4 "Basement" means That portion of a building or structure within which 50% or more of the interior wall height from finished floor to finished ceiling is below the average finished grade level adjacent to one or more of the exterior walls of the building or structure, but Does not mean or include a storey or part of a storey. 2.5 "Bathroom" means A room consisting of at least one fully operational water closet, washbasin, and/or a bathtub or suitable shower unit. Every washbasin, bathtub, and shower shall have an adequate supply of hot and cold running water and every water closet shall have a suitable supply of running water. 2.6 "Building" means Any Structure consisting of floor, walls and a continuous roof, and/or any one of them or a structural system serving the same purpose and including any tents, awnings, carports and includes any structure defined as a building in the Ontario Building Code Act, but does not include any vehicle as defined herein. 2.7 "BEO" means By-law Enforcement Officer appointed by Council and charged with the duty of enforcing the provisions of this By-law, other related By-laws and any amendments thereto. 2.8 "Cabin" means A cabin for sleeping that is not a dwelling unit as herein defined. 2.9 "CBO" means Chief Building Official employed by the Township appointed by Council and charged with the duty of enforcing the provisions of the Ontario Building Code Act, as amended, together with any Regulations made thereunder; and shall include any Inspector likewise employed and appointed. 2.10 "Committee" means The Property Standards Committee, as established in accordance with Section 15 of the Ontario Building Code Act and its amendments. 2.11 "Corporation" means The Corporation of the Township of Strong. 2.12 "Cottage" means A building, within a cottage establishment to accommodate one (1) or more guests which contains at least two (2) rooms; which is at least partially furnished; and which provides facilities to permit the guest to prepare and cook food. 2.13 "Council" means The Council of the Corporation of the Township of Strong. 2.14 "Dwelling" means A building, structure or part thereof, occupied or capable of being occupied, in whole or in part, as the home, residence or sleeping place of one or more persons either continuously, permanently, temporarily or transiently but shall not include a mobile home having less than 74 square metres in area. 2.15 "Dwelling Unit" means A room or rooms in which a kitchen, living quarters and sanitary conveniences are provided for the exclusive use of the residents and with a private entrance from outside the building or from a common hallway or stairway inside. 2.16 "First Storey" means The floor area of the lowest storey of a building approximately at or just above the finished grade level excluding any basement, which area is measured between the exterior faces of the exterior walls at the floor level of such storey. 2.17 "Foundation" means A structure of a building through which the loads from the building are transferred to supporting soil or rock such as a footing, pile or pier. 2.18 "Good Repair" means That a building, structure or appurtenance thereof including mechanical equipment shall be maintained in such a condition as to be free from accident or fire hazards, not unsightly by reason of deterioration, damage or defacement. 2.19 "Grade" means When used in reference to a building, the average elevation of the finished surface of the ground adjoining the base of the longest exterior wall of such building or, when there are two or more such walls, the exterior wall having the lowest average elevation: or When used in reference to any other structure the average elevation of the finished surface of the ground at the base of such structure, exclusively of any artificial embankment at the base of such building or structure. 2.20 "Guest Cabin" means A single-story accessory structure which is not attached to the main dwelling on a lot which is maintained for the accommodation of an individual or individuals where sanitary facilities and facilities for cooking are not provided. 2.21 "Habitable Room" means a room which: (a) is located within dwelling unit; (b) is designed for living, sleeping or eating, or contains sanitary or food preparation facilities, and (c) can be used at all times throughout the year; but does not include any room specifically defined herein as a non-habitable room. 2.22 "Hunting Camp" means A building or structure having a maximum area of 45 square metres consisting of one or more rooms which is at least partially furnished and may include facilities for the preparation of food and overnight accommodations on a temporary basis; for use only during the hunting or fishing seasons but shall not have indoor plumbing facilities and shall not include any other establishments or use as may be defined or classified in the Township of Strong Zoning By-law. 2.23 "Maintenance" means The preservation of and care for a property and building. 2.24 "Means of Egress" means A continuous, unobstructed path of travel provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit facility used for the escape of persons from any point within a building, a floor area, a room, or a contained space to a public thoroughfare or an approved area of refuge usually located outside the building. 2.25 "Multiple Dwelling" means A building containing two or more dwelling units. 2.26 "Non-residential Property" means A building or structure or part thereof, not occupied nor capable of being occupied in whole or in part, for the purpose of human habitation and without limiting the generality of the foregoing, includes the land and premises appurtenant thereto and all accessory buildings, out-buildings, fences, structures or erections on or in such land and premises. 2.27 "Occupant" means Any person or persons over the age of eighteen years in ownership or possession of the property. 2.28 "Owner" means The person, for the time being, managing or receiving the rent of or paying the municipal taxes on the land or premises, whether on his own account or an agent or trustee of any person or who would so receive the rent if such land and premises were let. The term shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair or maintain the property in accordance with the standards for the maintenance and occupancy of the property. 2.29 "Persons" means Any human being, association, firm, partnership, incorporated company, corporation, agent, trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. 2.30 "Property" means A building or structure or part thereof, including the lands and premises appurtenant thereto and all accessory buildings, mobile buildings, mobile structures, trailers, out- buildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant land. 2.31 "Repair" means The making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established in this By-law, and in conformity with all other legislation. 2.32 "Residential Property" means Any land, buildings or structures used for human habitation, and includes all stairways, walkways, driveways, parking spaces, and fences associated with the dwelling or its yard. 2.33 "Sewage" means sanitary sewage or storm sewage. Sanitary sewage means liquid or water borne waste of industrial or commercial origin, or of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary sink and laundry waste. 2.34 "Sewage System" means A properly maintained and functioning private sewage system 2.35 "Standards" means The standards of physical condition and of occupancy prescribed for the property in this By-law. 2.36 "Structurally Sound" means Construction capable of withstanding the forces placed upon the building under normal use. 2.37 "Structure" means Anything man-made that is fastened to or into the earth or another structure or rests on the earth by its own mass or is attached to a building including a septic system, holding tanks, satellite receiving dishes and heat pumps. 2.38 "Vacated" means A structure or property no longer occupied. 2.39 "Yard" means An open, uncovered space on a lot appurtenant to a building or structure and used or intended to be used or capable of being used in connection therewith. SECTION 3: GENERAL STANDARDS FOR ALL PROPERTY All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code, Ontario Fire Code and the Fire Prevention and Protection Act where applicable. 3.1 Surface Conditions Surface conditions of yards shall be maintained so as to: (i) prevent ponding of storm water; (ii) prevent instability or erosion of soil; (iii) prevent surface water run-off from affecting adjacent properties; (iv) provide for safe passage under normal use and weather conditions, day or night; 3.2 Drainage and Sewage (i) Sewage or organic waste shall be discharged into an approved sewage system. Where an approved sewage system does not exist, sewage or organic waste shall be disposed of in accordance with the Environmental Protection Act. (ii) Storm water shall be drained from the property in a manner designed to prevent excessive ponding, prevent the entrance of water into a building, and in such manner as to not affect adjacent properties. (iii) Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property. (iv) Exterior property areas shall be graded and maintained to prevent ponding of water. Catch basins or swales shall be installed and maintained, where necessary, to facilitate drainage and so as not to impede the natural flow of water. 3.3 Walks and Driveways (i) Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions day or night. 3.4 Exterior Walls (i) Exterior walls of a building or structure and their components, including soffits and fascia, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco, and other defective cladding or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage. 3.5 Structural Soundness (i) Every building and every structural member of a building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. Structural members or materials which have been damaged or show evidence of rot or other deterioration shall be repaired or replaced. (ii) Every exterior wall, roof, porch, chimney or exterior portion of a building shall be maintained in a manner so as to prevent the collapse of same or injury to the occupants of the dwelling to the public. (iii) Walls, roofs, and other exterior parts of a building shall be free from loose or improperly secured objects or materials. 3.6 Guardrails (i) A guard shall be installed and maintained in good repair on the open side of any stairway or ramp containing three (3) or more risers including the landing or a height of 600 mm (24 inches) between adjacent levels. A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches and balconies. Guardrails, balustrades and handrails shall be constructed and maintained in a rigid nature, as defined in the Ontario Building Code. 3.7 Accessory Buildings, Fences, and Other Structures (i) Accessory Buildings, fences and other structures appurtenant to the property shall be maintained in structurally sound condition, in good repair, and free from fire, health or safety hazards. (ii) Accessory Buildings, fences, and other structures shall be protected from deterioration by the application of appropriate weather resistant materials including paint or other suitable preservative SECTION 4: RESIDENTIAL STANDARDS 4.1 General Conditions (i) Every tenant, occupant or lessee of a residential property shall maintain every floor, wall, ceiling and fixture, under their control, including hallways, entrances, laundry rooms, utility rooms and other common areas, in a clean, sanitary and safe condition. 4.2 Basement (i) Basement walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Maintenance includes the shoring of the walls to prevent settling, installing sub-soil drains, where necessary, at the footings, grouting masonry cracks and damp proofing/waterproofing walls, joints and floors. 4.3 Foundations (i) Every dwelling, except for slab on grade construction, shall be supported by foundation walls or piers which extend below the frost line, or to solid rock. 4.4 Window and Doors (i) Windows, doors, skylights and basement or cellar hatchways shall be maintained in good repair, weather-tight and reasonably draught-free, to prevent heat loss and infiltration by the elements. Maintenance includes painting, replacing damaged doors, frames and other components, window frames, sashes and casings, replacement of non-serviceable hardware and reglazing where necessary. Where screening is provided on windows and doors it shall also be maintained in good repair. (ii) In a dwelling unit, all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. At least one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit. (iii) Solid core or metal clad doors shall be provided for all entrances to dwelling and dwelling units. 4.5 Roofs (i) Roofs of dwellings and their components shall be maintained in a weather-tight condition, free from loose or unsecure objects or materials. 4.6 Walls, Ceilings and Floors (i) Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes, cracks, loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water. (ii) Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose, warped, protruding, broken or rotted boards or other material that might cause an accident or allow the entrances of rodents and other vermin or insects. (iii) Every floor in a bathroom, toilet room, kitchen, shower room, and laundry room shall be maintained so as to be impervious to water and readily cleanable. 4.7 Stairs, Porches and Balconies (i) Inside and outside stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks, and other defects that may constitute accident hazards. Existing guardrails, decks, steps, or stair treads of risers that show excessive wear or are broken warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. 4.8 Kitchens (i) Every year-round permanent dwelling shall contain a kitchen area equipped with: (a) a sink that is served with hot and cold running water and is surrounded by surfaces impervious to grease and water. (b) a suitable storage area of not less than 0.23 cubic metre (8 cubic feet); (c) a counter or work area at least 600 mm (24 inches) in width by 1,220 mm (48 inches) in length, exclusive of the sink, and covered with a material that is impervious to moisture and grease and is easily cleanable, and; (d) a space provided for cooking and refrigeration appliances including the suitable electrical or gas connections. 4.9 Toilet and Bathroom Facilities (i) Every year-round permanent dwelling unit shall contain a bathroom consisting of at least one fully operational water closet, washbasin, and/or a bathtub or suitable shower unit. Every washbasin, bathtub and shower shall have an adequate supply of hot and cold running water. Every water closet shall have a supply of running water. (ii) Every required bathroom or toilet shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the person using said room. (iii) Where toilet or bathroom facilities are shared by occupants of residential accommodation, other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the said facilities. 4.10 Plumbing (i) Each washbasin, bathtub, or shower and at least one kitchen sink shall be equipped with an adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of not less than 43 degrees Celsius (110 degrees Fahrenheit). (ii) Every year-round permanent dwelling unit shall be provided with an adequate supply of potable water from a source approved by the Ministry of Health. (iii) All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures shall be maintained in good working conditions free of leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing. (iv) All plumbing fixtures shall be connected to the sewage system through water seal traps. (v) Every fixture shall be of such materials, construction and design as will ensure that the exposed surface of all parts is hard, smooth, impervious to hot and cold water, readily accessible for cleansing 4.11 Electrical Service (i) Every year-round permanent dwelling and dwelling unit shall be wired for electricity. (ii) The electrical wiring, fixtures, switches, receptacles and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards. All electrical services shall conform to the regulations established by the Power Corporation Act, as amended. (iii) Every habitable room in a year-round permanent dwelling shall have electrical outlets as provided for by the Ontario Building Code. Extension cords shall not be used on a permanent basis. (iv) Lighting fixtures and appliances installed throughout a dwelling unit, including hallways, stairways, corridors, passage ways, garages, and basements, shall provide sufficient illumination so as to avoid health or accident hazards in normal use. 4.12 Heating, Heating Systems, Chimneys and Vents (i) Every year-round permanent dwelling and building containing a residential dwelling unit or units shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius (70 degrees Fahrenheit) in the occupied dwelling units. The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling unit to the required standard. (ii) All fuel burning appliances, equipment and accessories in a dwelling shall be installed and maintained to CSA standards. (iii) Where a heating system or part thereof that requires solid or liquid fuel to operate, a place or receptacle for such fuel shall be provided and maintained in a condition that meets or exceeds CSA standards, and in a convenient location so as to be free from fire and accident hazard. (iv) All fuel burning appliances, equipment, and accessories in a dwelling shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method. (v) Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good repair so as to prevent the escape of smoke, fumes or gases from entering a dwelling unit. Maintenance includes the removal of all obstructions, sealing joints, and the repair of loose or broken masonry units. (vi) Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. 4.13 Exception (i) Exceptions to Sections 4.10; 4.12; 4.13 and 4.14 are cabins, cottages and hunting camps. These dwellings will be evaluated on a case by case basis. 4.14 Fire Escapes, Alarms and Detectors (i) A listed fire alarm and a fire detection system, approved by the Canadian Standards Association or Underwriters Laboratories of Canada, shall be provided by the owners of buildings of residential occupancies where sleeping accommodations are provided for more than ten (10) persons, except that such systems need not be provided where a public corridor exit serves not more than four (4) dwelling units of individual leased sleeping rooms. (ii) In addition to the provisions of Section 4.16.1 hereof, in every dwelling unit in a building, a listed smoke alarm approved the Canadian Standards Association or Underwriters Laboratories of Canada, or detectors of the single station alarm type, audible within bedrooms when intervening doors are closed, shall be installed by the occupant between bedrooms or the sleeping area and the remainder of the dwelling unit, such as in a hallway or corridor serving such bedrooms or sleeping area. The products of combustion detection referred shall be: (a) equipped with visual or audio indications that they are in operating condition; and (b) Mounted on the ceiling or on a wall between 150 and 300 mm (6 to 12 inches) below the ceiling. (iii) Buildings using a fire escape as a secondary means of egress shall have the escape in good condition, free from obstructions and within easy reach through an open able window or door. 4.15 Egress (i) Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street grade level. (ii) Each dwelling containing more than one dwelling unit shall have at least two (2) exits, both of which may be common of the one of which may be the stairs or fire escape shall be provided to Ontario Building Code standards. A single exit is permitted from a dwelling unit where the path of egress is through an exterior door located at or near ground level and access to such exit is not through a room which is not in the immediate control of the occupants of the dwelling unit. 4.16 Ventilation (i) Every habitable room in a dwelling unit, including kitchens, bathrooms or toilet rooms, shall have openings for ventilation providing an unobstructed free flow of air at least 0.3 square metres (3 square feet), or an approved system of mechanical ventilation that provides adequate air exchanges. (ii) All systems of mechanical ventilation shall be maintained in good working order. (iii) All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be adequately vented. 4.17 Disconnected Utilities (i) Owners of residential buildings or any person or persons acting on behalf of such owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, refrigeration or water to any residential unit or building occupied by a tenant or lessee, except for such reasonable period of time as may be necessary for the purpose of repairing, replacing, or otherwise altering said service or utility. 4.18 Occupancy Standards (i) Any basement or portion thereof, used as a dwelling unit shall conform to the following requirements: (a) each habitable room shall comply with all the requirements set out in this By-law; and the Ontario Building Code, Fire Code (b) floors and walls shall be constructed so as to be damp proof and impervious to water leakage; (c) each habitable room shall be separated from service rooms by a suitable fire separation and approved under the Ontario Building Code; (d) access to each habitable room shall be gained without passage through a service room; and (e) every basement and crawlspace shall be adequately drained and adequately ventilated to the outside air. SECTION 5: NON-RESIDENTIAL STANDARDS 5.1 Parking Areas and Driveways (i) The parking areas and driveways of non-residential property shall be maintained to the standards as described in Section 3.4 of this By-law. 5.2 Lighting (i) All non-residential establishments shall install and maintain sufficient windows, skylights, and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act for industrial and commercial properties 5.3 Structures (i) All structures shall be maintained to the standards as described in Section 3.5; 3.6; 3.7 and 3.8 of this By-law. SECTION 6: STANDARDS FOR VACATED LANDS AND BUILDINGS 6.1 Vacated Lands (i) Vacated land shall be maintained to the standards described in Section 3.2; 3.3 and 3.4 of this By-law. 6.2 Vacated Buildings (ii) The owner or agent of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood securely fastened to the building. (iii) Vacated buildings shall be maintained to the standards described in Section 3.5; 3.6; 3.7 and 3.8 of this By-law. SECTION 7: ADMINISTRATION AND ENFORCEMENT This section prescribes the procedure for the enforcement of the standards and shall be carried out according to the Ontario Building Code Act. 7.1 Application This By-law shall apply to all properties within the boundaries of the Corporation of the Township of Strong. 7.2 Property Standards Committee A Property Standards Committee shall be established to review orders issued by the Property Standards Officer and shall be comprised of no fewer than three (3) persons of the municipality for a term of office concurrent with Council. The C.B.O. and B.E.O. shall be considered ex-officio members of this Committee. 7.3 By-law Enforcement Officer The Council shall, by resolution, appoint a Property Standards Officer who shall be responsible for the administration and enforcement of this By-law. 7.4 Compliance The owner of any property which does not conform to the standards as set out in this By-law shall repair and/or maintain said property to comply with the standards of this By-law or the property shall be cleared of all buildings, structures, debris or refuse and left in neat and good condition. 7.5 Notice of Violation The notice shall be sent to the last known address of the owner and shall state: (i) That the property does not comply with the standards prescribed by this By-law and shall specify the standards with which the property does not comply. (ii) That after a certain date to be specified in the notice of non-compliance by the Officer, the property will be subject to reinspection at which time the Officer may issue an Order. (iii) That the Officer may be contacted for the purpose of requesting information and advice or reporting what action is being or will be taken to effect compliance with the By-law. 7.6 Appeal of Notice The Following process shall be followed on all appeals: (i) When an owner or occupant upon whom an Order has been served in accordance with this By-law is not satisfied with the terms or conditions of the Order, he may appeal, by registered mail, to the Secretary of the Property Standards Committee within fourteen (14) days after service of the Order and, in the event that no appeal is taken, the order shall be deemed to have been confirmed. (ii) The Secretary of the Property Standards Committee, in receipt of the notice of appeal shall: (a) determine the date, place and time of the hearing of appeal which shall take place not less than seven (7) days and not more than thirty (30) days from the date of receipt of the aforesaid notice; and (b) give notice in writing of the date, place and time of the hearing referred to in paragraph 7.5.3 to both the appellant and the Officer who issued the Order. (iii) The Property Standards Committee shall: (a) hold the hearing at the date, place and time set out in the notice; and (b) have all the powers and functions of an Officer. (iv) The Property Standards Committee may: (a) confirm the Order; (b) modify or quash the Order; or (c) extend the time for complying with the Order provided that the general intent and purpose of the By-law is maintained. (v) The property Standards Committee shall give its decision in writing. SECTION 8: ENFORCEMENT (i) Enforced on a compliant basis. This By-law shall be enforced on a compliant basis and pursuant to the provisions of Section 15 of the Ontario Building Code Act, as amended. SECTION 9: PENALTIES (i) Every person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33. (ii) Every person who is guilty of an offence under this by-law may, if permitted under the Provincial Offences Act, pay a set fine and the Chief Judge of the Ontario Court (Provincial Division) shall be requested to establish, pursuant to the Provincial Offences Act, set fines in accordance with Schedule "A" of this by-law. SECTION 10: RECOVERY OF EXPENSE In addition to any other remedy and to any other penalty imposed under this by By-law or under the Ontario Building Code Act, as amended, where any person is in default in doing any matter or thing directed or ordered to be done pursuant to this By-law, such matter or thing may be done by the Corporation at the expense of such person and the Corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes. SECTION 11: CERTIFICATE OF COMPLIANCE (i) Following the inspection of a property, the Officer may, or on the request of an owner, shall, issue to the owner a certificate of compliance if, in his opinion, the property is in compliance with the standards of this By-law. (ii) Where a certificate of compliance referred to in Section 15 of the Ontario Building Code Act is issued at the request of the owner, the owner shall be required to pay a fee to the Corporation of the Township of Strong. SECTION 12: OTHER REMEDIES PROTECTED The imposition of a penalty under this By-law shall not be a bar to further prosecution under this By-law and shall not preclude any other proceeding or remedy against a person or a building which does not conform to the standards of this By-law. SECTION 13: OTHER BY-LAWS If a provision of this By-law conflicts with a provision of another By-law of the Corporation, the provisions which established the higher standard to protect the health, safety and welfare of the occupants and of the general public shall prevail. SECTION 14: SEVERABILITY . If a Court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. SECTION 15: ENACTMENT This By-law shall come into full force and effect upon the final passing thereof. SECTION 16: REPEAL By-law 2002-1452 will be repealed upon the final passing of this bylaw READ A FIRST AND SECOND TIME THIS 25TH DAY OF MAY, 2021. READ A SECOND AND THIRD TIME AND FINALLY PASSED ON THE 8TH DAY OF JUNE, 2021. Original Copy Signed Original Copy Signed __________________________________ _______________________________ Kelly Elik, Mayor Caitlin Haggart, Clerk Administrator The Corporation of the Township of Strong By-law 2021-019 Item Short Form Wording Provision Creating or Defining Offence Set Fine 1 Fail to maintain yard to prevent ponding of water 3.1 i) $150.00 2 Fail to maintain yard to prevent instability or erosion of soil 3.1 ii) $150.00 3 Fail to maintain yard to prevent water run-off from affecting adjacent properties 3.1 iii) $150.00 4 Fail to discharge sewage or organic waste into an approved sewage system 3.2.i) $300.00 5 Fail to ensure catch basins or swales are installed and maintained 3.2.iv) $150.00 6 Fail to maintain exterior walls and components 3.4.i) $150.00 7 Fail to maintain roof in weather tight condition 4.5 i) $150.00 8 Fail to provide adequate heating facilities 4.12 i) $150.00 9 Fail to have unobstructed passage from interior of dwelling 4.15 i) $150.00 NOTE; The general penalty sections for the offences indicated above is section 9 of bylaw 2021-019 a certified copy of which has been filed.