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The Corporation of the Town of Tecumseh
By-Law Number 2024-083
Being a by-law for prescribing standards for the Maintenance and
Occupancy of all property within the Town of Tecumseh
Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Municipal
Act") provides that a municipality may pass by-laws respecting the social and
environmental well-being of the municipality, and the health, safety, and well-being of
persons;
And Whereas section 127 of the Municipal Act permits a municipality to require an
Owner or Occupant of land to clean and clear the land, not including buildings, or to
clear refuse or debris from the land, not including buildings, and to regulate when and
how such matters shall be done, and for prohibiting the disposal of refuse or debris on
land without consent of the Owner, as well as the authority to define "refuse" for the
purpose of this by-law;
And Whereas pursuant to section 128(1) of the Municipal Act, a local municipality may
prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become or cause public nuisances;
And Whereas section 15.1(3) of the Building Code Act, S.O 1992, c.23 authorizes
municipalities to enact by-laws prescribing standards for the maintenance and
occupancy of all property within the municipality; prohibiting the use of such property
that does not conform to the standards, and to be cleared of all buildings and
structures, debris or refuse and the lands left in a graded and level condition;
And Whereas section 15.1(3) indicates that such authority is contingent upon a
municipality having an official plan that includes provisions relating to property
conditions is in effect;
And Whereas section 429 of the Municipal Act, provides that a municipality may
establish a system of fines for offences under a by-law of the municipality passed
under the Municipal Act;
And Whereas section 436.1 of the Municipal Act states that a municipality has the
power to pass by-laws providing that the municipality may enter the land at any
reasonable time for the purposes of carrying out an inspection;
And Whereas section 434.1 of the Municipal Act, authorizes a municipality to require
persons to pay an administrative penalty if the municipality is satisfied that the person
has failed to comply with a municipal by-law passed, subject to conditions as the
municipality considers appropriate;
And Whereas section 446 of the Municipal Act, 2001 permits a municipality to direct or
require that a matter or thing be done, such as maintaining land in a clean and clear
By-Law Number 2024-083
Page 2
condition, and that the municipality may direct that in default of it being done by the
person directed or required to do so, it shall be done at the person's expense with
costs incurred by the municipality being recovered by action or by adding the cost to
the tax roll and collecting the cost in the same manner as property taxes;
And Whereas the Council of The Corporation of the Town of Tecumseh deems it
desirable to enact the following by-law for prescribing standards for the maintenance
and occupancy of all property within the Municipality and prohibiting the use of such
property that does not conform to the standards; and for requiring property below the
standards prescribed herein to be repaired and maintained so as to comply with said
standards or to be cleared of all buildings and structures, rubbish, debris and the lands
left in a graded and level condition.
Now Therefore the Council of The Corporation of The Town of Tecumseh enacts
as follows:
Section 1 - Short Title
This by-law may be cited as the Property Standards By-Law
Section 2 - Interpretation and Application
2.1
Definitions
In this by-law:
(a)
"Accessory Building" means a Building or structure the use of which is
incidental to that of the principal or main Building on the property.
(b)
"Acceptable" means acceptance by the Chief Building Official, By-Law
Enforcement Officer and or any Officer as appropriate, appointed by the
Town where another approval authority is not specified or does not have
jurisdiction.
(c)
"Basement" means that space of a Building that is partly below grade,
which has half or more of its height, measured from floor to ceiling above
the average exterior finished grade.
(d)
"Building" includes any building or structure used for or intended to be
used for the supporting or sheltering of any use or occupancy;
(e)
"Cellar" means that space of a Building that is partly or entirely below
grade, which has more than half of its height, measured from floor to
ceiling below the average exterior finished grade.
(f)
"Certificate of Compliance" means a Certificate of Compliance pursuant
to the Building Code Act, S.O. 1992, c.23.
(g)
"Committee" means the Property Standards Committee.
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(h)
"Council" means Council of the Corporation of the Town of Tecumseh.
(i)
"Dwelling" means a Building or structure that is legally occupied for the
purposes of human habitation. A correction institution, hotel, motel,
home, recreational vehicle, tent trailer or travel trailer is not a Dwelling.
(j)
"Dwelling Unit" means a room or series of rooms of complementary use,
operated under a single tenancy or ownership and includes single unit
Residential Buildings, individual guest rooms in motels, hotels, boarding
houses, rooming houses, group homes and dormitories, operated as a
housekeeping unit, used or intended to be used as a domicile by 1 or
more persons and usually containing cooking, eating, living, sleeping,
laundry and sanitary facilities.
(k)
"Farm Building" has the same meaning as in the Ontario Building Code.
(l)
"Farm Operations" means operations connected with the cultivating of
lands, raising of animals, or any other activity that is similar in nature, and
in conformity with the Agricultural Zone Provisions of a Town of
Tecumseh Zoning By-law.
(m)
"Guard" means a protective barrier, with or without openings through it,
that is around openings in floors or at the open side of stairs, landings,
balconies, mezzanines, galleries, raised walkways, or other locations to
prevent accidental falls from one level to another.
(n)
"Habitable Room" means any room in a Residential Building used for or
capable of being used for living, cooking, sleeping or eating purposes.
(o)
"Means of Egress" means a continuous, unobstructed path of travel
provided by a doorway, hallway, corridor, exterior passageway, 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
open space to a public thoroughfare or an approved area of refuge
usually located outside the Building.
(p)
"Municipality" means The Corporation of the Town of Tecumseh
(q)
"Non-Habitable Room" means any room in a Residential Building other
than a Habitable Room and includes a bathroom, a Toilet Room, laundry,
pantry, lobby, corridor, stairway, closet, boiler room, or other space for
service and maintenance of the Dwelling for public use, and for access to
and vertical travel between storeys, and Basement or part thereof which
does not comply with the standards of fitness for occupancy set out in
this By-Law.
(r)
"Nuisance" means anything that is injurious to health, offensive to the
senses, or an obstruction to the free use of Property, so as to interfere
with the comfortable enjoyment of life or Property.
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(s)
"Officer" means the Town's appointed By-Law Enforcement Officer(s)
and such other Officers who have been assigned the responsibility of
administering and enforcing Property standard by-laws passed under
section 15.1 of the Ontario Building Code.
(t)
"Ontario Building Code" means the Building Code Act, 1992, S.O.
1992, c.23, as amended from time to time, in effect on the date of
inspection of a Property.
(u)
"Occupant" includes a tenant, lessee, registered Owner, occupier or
other person in charge of or in possession of Property.
(v)
"Owner" means:
(i)
the registered Owner of the land on which the Building is located
or, if the Building is owned separately from the land on which the
Building is located, the Owner of the Building,
(ii)
the person that is responsible for maintaining the Building or part
of the Building.
(w)
"Order" written direction or order issued pursuant to section 15.2 (2) of
the Ontario Building Code or under any other provisions under this by-
law.
(x)
"Person" means an individual, firm, corporation, association or
partnership.
(y)
"Pests" means wild animal(s), rodents, Vermin, insects, and other Pests
that could be injurious and/or a Nuisance for people and Property.
(z)
"Pool" means any body of water contained by artificial means normally
used for the purpose of swimming, wading, diving or bathing but does not
include an above ground wading Pool having a depth of .3 meters (12
inches) or less.
(aa)
"Private Sewage System" means a system contained on private
Property consisting of a septic tank, treatment unit and/or leaching bed
system servicing a Building(s)located wholly within the boundaries of the
lot or parcel of land.
(bb)
"Property" includes the Yards together with the land Buildings and
structures occupying the whole of a lot or of lots under contiguous
ownership including Accessory Buildings, mobile structures, fences and
erections thereon.
(cc)
"Residential Building" means a Building or the part of a Building
containing or servicing a Dwelling Unit or units, under single or multiple
tenancy or ownership, and includes but is not limited to, single Dwelling
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Units, multiple Dwelling Units, duplexes, triplexes, townhouses,
rowhouses, and apartment Buildings.
(dd)
"Standards" means the standards prescribed by this By-Law.
(ee)
"Stagnant Water" means water that by nature of its lack of movement,
quality or location may potentially harbour breeding areas for mosquitoes
or other infectious insects.
(ff)
"Shipping or Storage Container" means an industrial, standardized
reusable vessel that was:
(i)
originally or formerly designed for or used in the packing, shipping,
movement or transportation of freight, articles, goods or
commodities; or
(ii)
designed for or capable of being transported by being mounted on
a truck-trailer, truck, train or ship; or
(iii)
a cargo container designed for the temporary movement and
storage of household goods
(gg)
"Suite" has the same meaning as it does in the Ontario Building Code.
(hh)
"Toilet Room" means a room containing a water closet and a wash
basin.
(ii)
"Town" means The Corporation of the Town of Tecumseh.
(jj)
"Vermin" means small common harmful or objectionable animals or wild
animals that are difficult to control.
(kk)
"Yard" means the whole of "Property" excluding the area occupied by a
Building or structure.
Section 3 - General Provisions
3.1
No Owner or Occupant of Property shall use, occupy, or allow, permit or
acquiesce in the use or occupation of a Property unless such Property conforms
to the Standards.
3.2
No Owner or Occupant of Property shall fail to maintain the Property in
conformity with the Standards.
3.3
The Owner or Occupant of any Property which does not conform to the
Standards in this Bylaw shall repair and maintain the Property to conform to the
Standards.
3.4
Where, in the opinion of the Officer, there is doubt as to the structural condition
or adequacy of Building or structure or part thereof, the Officer may, as part of
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any Order require that a Building or structure or part thereof be examined by a
professional engineer qualified to perform such inspections and licensed to
practice as an engineer in Ontario, at the Owner's expense:
(a)
And that a written report, which may include drawings detailing
recommended remedial work, shall be provided to the Officer. for the
purposes of this section.
(b)
For the purposes of this section, "structure" includes fence, shed,
permanent sign or other small Building in addition to structures defined in
the Ontario Building Code Act.ك
(c)
Where repairs are required, the Owner shall repair, or cause to be
repaired, the Building, structure, or part thereof, in accordance with the
repair methods, and timelines described in the report.
(d)
Upon completion of the repairs, a verification report shall be prepared to
confirm that the work proposed in the report has been completed wholly
and that the Building, structure, or part thereof is structurally adequate for
its use which verification report shall be provided to the Officer.
(e)
All new construction or repairs shall conform to the Building Code, as
amended or replaced from time to time, where applicable, for the
purposes of this section.
(f)
All repairs and maintenance of Property shall be carried out with suitable
and sufficient materials and in a matter accepted as good workmanship
with the trades concerned.
3.5
The provisions of this By-Law shall apply to all Property within the boundaries of
the Town as are now or hereafter legally constituted.
3.6
The provisions of this By-law shall not apply so as to prevent a farm, meeting
the definition of "agricultural operation" under the Farming and Food Production
Protection Act, 1998, S.O. 1998, c. 1, from carrying out a normal farm practice
as provided for and defined under that Act.
3.7
Notwithstanding subsection 2.2 the provisions of this by-law shall not apply to
federal, provincial or municipally owned Property.
3.8
Nothing in this By-law shall serve to relieve any Person from the obligation to
comply with all other applicable law.
3.9
If any court of competent jurisdiction finds that any provision of this By-law is
invalid or is ultra vires of the jurisdiction of the Town, such provision shall be
deemed to be severable and shall not invalidate any of the other provisions of
this By-law.
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3.10 Where a provision of this By-law conflicts with the provision of another By-law in
force within the Town, the provisions that establish the higher Standards to
protect the health, safety and welfare of the general public shall prevail.
3.11 The Standards for maintenance and occupancy of Property set out in this By-
law are prescribed as minimum Standards.
3.12 Imperial measurements provided in brackets, are shown for convenience only
and do not form part of this by-law.
Section 4 - Administration, Enforcement and Appeals
4.1
The provisions of this By-law shall be administered by the Town's duly
appointed Officer(s).
4.2
An Officer who has reasonable grounds to believe that a Person has
contravened any provision of this By-law may require that Person to provide
their identification to the Officer.
4.3
Every Owner of a Property that does not conform to the Standards of this By-
law, shall repair and maintain the Property to conform with the Standards of this
By-law or to clear it of all Buildings, structures, debris or refuse and left in a
graded and levelled condition except that no Building or structure on a Part IV
heritage Property or a Part V heritage Property shall be altered or cleared,
including but not limited to removed, demolished or relocated, except in
accordance with the Ontario Heritage Act.
4.4
Every Person who is required by an Officer to provide identification under this
By-law shall identify themselves to the Officer. Giving their correct name, date of
birth, and address shall constitute sufficient identification. Failure to provide
sufficient identification shall constitute obstruction of the Officer as set out this
By-law.
4.5
Where an Officer finds that a Property does not conform to any of the Standards
prescribed in this By-law or where and Owner fails to comply with any provision
set out in this By-law, an Order may be issued by the Officer to the Owner
requiring compliance within the time frame specified in the Order.
4.6
An Order issued under this By-law shall:
(a)
State the municipal address or the legal description of such Property;
(b)
Give 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;
(c)
indicate 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 Municipality may carry out the repair or clearance at the
Owner's expense as described in the Ontario Building Code Act; and
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(d)
indicate the final date for giving notice of appeal from the Order.
4.7
Method of Delivery of Order
The Order, and any subsequent written Order amending or withdrawing the
Order, may be delivered by any one or more of the following methods:
(a)
Personal delivery to the Person to whom it is addressed;
(b)
Personal or couriered delivery to either an adult Person, of the residential
address of the addressee; or
(c)
Delivery by prepaid mail to the Person's last known address or as
otherwise contemplated in Subsection 343(6) of the Municipal Act, 2001
S.O. 2001.
(d)
Posted in a conspicuous place on the Property
4.8
Deemed Delivery:
(a)
Where an Order is personally delivered, it is considered to have been
delivered at the date and time at which it was handed to the addressee.
(b)
Where an Order is delivered to the residential address of the addressee,
it is considered to have been delivered on the next business day
following the date of delivery.
(c)
Where an Order is delivered by prepaid mail, it is deemed to have been
delivered on the fifth day after the day of mailing.
4.9
Appeal of Order:
(a)
A Property Owner may appeal an Order in this by-law through the
Property Standards Committee as established and prescribed in section
15.6 of the Building Code Act.
(b)
The Property Standards Committee as established upon each term of
Council shall be comprised of the Members of the Committee of
Adjustment. The Property Standards Committee appeal meeting shall be
held immediately prior or subsequent to a meeting of the Committee of
Adjustment. and shall adhere to the Terms of Reference as established
for the Committee and amended from time to time.
4.10 When the Owner upon whom an Order has been served is not satisfied with the
terms and conditions of the Order, they may appeal to the Property Standards
Committee by sending a notice of appeal, in writing or by email, to the Town
Clerk within 14 days of the service of the Order.
The notice of appeal shall include:
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(a)
the name, address, telephone number and email address of the
appellant;
(b)
the date and number of the Order issued by the Officer; and
(c)
the reasons for the appeal.
(d)
The appeal fee (if applicable as set out in the Town's Fees and Charges
By-law) must accompany the notice of appeal.
(e)
In the event that no appeal is made within such 14 days, the Order shall
be deemed confirmed and shall be final and binding.
(f)
Where an appeal has been made, the Property Standards Committee
shall hear the appeal and shall have all the powers and functions of the
Officer and may confirm the Order or may modify or rescind it or may
extend this time for complying with the Order provided that in the opinion
of the Property Standards Committee, the general intent and purpose of
this By-law is maintained.
4.11 Failure to Comply with Order:
(a)
If the Property Owner does not comply with the Order, the Town shall
complete the work. The Town shall have a lien on the land for the
amount spent on repair or demolition. The amount shall be deemed to be
municipal real Property taxes and may be added by Town to the
collector's roll and collected in the same manner and with the same
priorities as municipal real Property taxes in accordance with Section
398(2) of the Municipal Act.
(b)
A Property Owner who fails to comply with an Order is further liable to
make payment of a penalty as set out in the Town's Administrative
Monetary Penalties System By-Law 2024-048.
4.12 Powers of Entry
In accordance with Section 436 of the Municipal Act, an Officer may enter on
land at any reasonable time for the purpose of carrying out an inspection to
determine whether the following are being complied with:
(a)
this By-law;
(b)
a direction or Order made under the Municipal Act or this By-law; or
(c)
a condition of an Order issued granted under this By-law.
4.13 Emergency Provisions
If upon inspection of a Property, the Officer is satisfied there is nonconformity
with the Standards prescribed in this By-law to such extent so as to pose an
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immediate danger to the health or safety of any Person, the Officer may make
an Order in accordance with section 15.7 of the Building Code Act containing
particulars of the non-conformity and requiring remedial repairs or the work to
be carried out immediately to terminate the danger.
4.14 Order to Discontinue Activity
(a)
An Officer may issue an Order requiring any Person who caused or
permitted a contravention of this By-law to discontinue such
contravention or requiring any Person who cause or permitted a
contravention to do work to correct the contravention.
(b)
A Person in receipt of an Order shall comply with the requirements of the
Order.
4.15 Remedial Action
(a)
If a Person fails to comply with an Order, an Officer or Persons acting
upon his or her instructions may enter the lands at any reasonable time
for the purposes of taking the remedial actions described in the Order at
the Property Owner's expense.
(b)
The Town may recover the remedial action and enforcement cost
incurred under this By-law by legal action and/or by adding them to the
tax roll and collecting them in the same manner as Property taxes in
accordance with Section 446 of the Municipal Act.
4.16 Offence/Penalty Provisions
(a)
Every Person who contravenes any of the provisions 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, as amended.;
(b)
Every Person who contravenes any provision of this By-law is guilty of an
offence and can, at the option of the By-Law Enforcement Officer, be
issued a penalty notice in respect thereof requiring the payment of a
penalty pursuant to the Town's Administrative Monetary Penalties
System (AMPS) By-law 2024-048 as amended from time to time.
(c)
No Person shall hinder or obstruct, or attempt to hinder or obstruct, an
Officer who is exercising a power or performing a duty under this By-law.
(d)
No Person shall fail to comply with any condition or term of any Order
issued under this By-law. If there is a contravention of any provision of
this By-law, and the contravention has not been corrected, the
contravention of the provision shall be deemed to be continuing offence
for each day or part of a day that the contravention remains uncorrected.
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(e)
If an Officer issues a penalty notice under AMPS, the Property Owner
may appeal the penalty through the Administrative Monetary Penalties
System appeal process outlined in By-Law 2024-048 as amended.
(f)
For the purposes of this By-law, "multiple offences" means an offence in
respect of two or more acts or omissions each of which separately
constitutes an offence and is a contravention of the same provision of
this By-law.
(g)
For the purposes of this By-law, an offence is a second or subsequent
offence if the act giving rise to the offence occurred after a conviction had
been entered at an earlier date for the same offence.
4.17 Continuation & Repetition Prohibited by Order
The court in which the conviction has been entered, and any court of competent
jurisdiction, thereafter, may make an Order or such Orders prohibiting the
continuation or repetition of the offence by the Person convicted, and such
Order shall be in addition to any other penalty imposed on the Person.
4.18 Administrative Penalties
(a)
Instead of laying a charge under the Provincial Offences Act for any
breach of any provision of this By-law, an Officer, may issue an
Administrative Penalty to the Person who has contravened this By-law
provided the authority for the Town to issue Administrative penalties has
been granted by municipal by-law.
(b)
An Officer has the discretion to either proceed by way of an
Administrative Penalty (if prescribed) or a charge laid under the
Provincial Offences Act. If an Administrative Penalty is issued to a
Person for a contravention of this By-law, no charge shall be laid against
that same Person for the same contravention.
(c)
The amount of the Administrative Penalty for a contravention of a
provision of this By-law is fixed as set out in an Administrative Penalty
By-law of the Town, as amended from time to time, or any successor by-
law.
(d)
A Person who is issued an Administrative Penalty shall be subject to the
procedures as provided for in an Administrative Penalty By-law of the
Town, as amended from time to time, or any successor by-law.
(e)
An Administrative Penalty imposed on an Owner pursuant to this By-law
this is not paid within fifteen (15) days after the day it becomes due and
payable, constitutes a debt of the Owner to the Town and may be added
to a municipal tax roll and collected in the same manner as municipal
taxes.
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4.19 Collection of Unpaid Fines
(a)
Where a fine is in default, the Town may proceed with civil enforcement
against the Person upon whom the fine has been imposed, pursuant to
the Provincial Offences Act.
(b)
The Town may make a request to the treasurer of a local municipality to
add any part of a fine that is in default to the tax roll for any Property in
the local municipality for which all the Owners are responsible for paying
the fine and collect it in the same manner as municipal taxes
4.20 Validity and Severability
(a)
If any provision or part of this By-law is declared by any court or tribunal
of competent jurisdiction to be invalid, illegal or inoperative, in whole or in
part, or inoperative in particular circumstances, the remainder of the By-
law, or its application in other circumstances, shall not be affected and
shall continue to be in full force and effect.
(b)
If there is a conflict between the provisions of this By-law and any other
by-law of the Town in force or a provincial or federal statute or regulation,
the more restrictive provisions shall apply.
4.21 Repeal
(a)
By-law 2002-37 and 2002-104 and any amendments thereto are hereby
repealed in their entirety upon the coming into force of this By-law.
(b)
Any by-laws of the Town or resolutions of Council, or portions thereof,
inconsistent with or contrary to this By-law are hereby repealed upon the
coming into force of this By-law.
4.22 Transition
(a)
Every enforcement action or proceeding taken pursuant to the Repealed
By-laws shall, as necessary, be deemed to have been taken pursuant to
this By-law and every such enforcement action or proceeding may be
carried to its conclusion pursuant to the authority granted by this By-law.
(b)
If an enforcement action or proceeding has been validly commenced
pursuant to the Repealed By-laws and authority for such enforcement
action or proceeding does not exist pursuant to this By-law, then such
enforcement action or proceeding may be continued to its conclusion and
the provisions of the Repealed By-laws necessary to permit such
enforcement action or proceeding to be concluded shall be deemed to
remain in effect for the purposes of bring such enforcement action or
proceeding to a conclusion.
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Section 5 - Occupancy and Maintenance Standards for all Property
5.1
General Provisions
(a)
The provisions in this section shall apply to all Property.
(b)
Every Owner shall maintain the Property or part thereof which they
occupy or control in a clean, sanitary and safe condition.
(c)
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.
(d)
Yards/Land
(i)
Every Yard/land shall be kept clean and adhere to the provisions
set in this by-law and the Town's Land Maintenance By-Law 2024-
084 as amended from time to time.
(ii)
Every Yard shall:
- Be kept clean and free from rubbish or debris and objects or
conditions that may be a health, fire or accident hazard;
- be graded, filled or otherwise drained so as to prevent
recurrent ponding of water;
- be graded to prevent instability or erosion of soil;
- be graded to prevent surface water run-off from entering
Basements;
- not exhibit an unsightly appearance;
- be kept free of deep ruts and holes;
- be kept free of dead decayed or damaged trees;
- be kept free of dilapidated, collapsed or partially constructed
structures which are not currently under construction;
- be kept free of injurious insects, termites, rodents, Vermin or
other Pests;
- afford safe passage under normal use and weather conditions;
- not create a Nuisance to other Property.
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(iii)
The warehousing or storage of material or equipment that is
required for the continuing operation of that aspect of a Property
zoned Industrial, Commercial or Business Park in a Zoning By-law
of the Town shall be maintained in a neat and orderly fashion so
as not to create a fire or accident hazard or any unsightly condition
and shall provide unobstructed access for emergency vehicles.
(e)
Drainage
(i)
Roof or storm drainage shall not be discharged onto sidewalks,
stairs, or adjacent Property.
(ii)
Pool drains shall not discharge onto adjacent Property.
(f)
Pools
(i)
Every Pool shall be kept clean and in good repair.
(ii)
Pool covers shall be kept clean and good repair.
(iii)
Pools and Pool covers shall be kept free of Stagnant Water.
(g)
Parking Areas, Walks and Driveways
(i)
All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, brick pavers, concrete, or compacted stone or
gravel or other approved or acceptable material and shall be kept
in good repair free of dirt and litter. Where gravel driveways or
parking is provided dust control measures adequate to control the
creation of dust shall be maintained.
(ii)
All areas used for vehicular traffic, parking spaces and other
similar areas shall be maintained so as to afford safe passage
under normal use and weather conditions.
(iii)
Steps, walks, driveways, parking spaces and other similar areas
shall be maintained so as to afford safe passage under normal
use and weather conditions.
(h)
Accessory Buildings, Fences, And Other Structures
(i)
Accessory Buildings, fences and other structures appurtenant to
the Property shall be maintained in a structurally sound condition
and in good repair.
(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.
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(i)
Shipping Containers
Shipping Containers as defined shall only be permitted and used in areas
of the Municipality as permitted and identified in the Town's Zoning By-
law as amended from time to time.
(j)
Garbage Disposal
(i)
Every Owner, tenant, Occupant or lessee shall maintain on a
Property a sufficient number of suitable receptacles to contain all
garbage and refuse that may accumulate on the Property between
the regularly designated collection days. Suitable receptacles are
limited to containers that are constructed of watertight material,
provided with a tight-fitting cover, and maintained in a clean and
odour free condition. Additionally, the outside storage of plastic
bags is only permitted on the day immediately preceding the day
of the regularly scheduled garbage pick-up for a Property.
(ii)
All garbage and refuse shall be promptly placed in a suitable
container and made available for removal in accordance with the
garbage collection schedule of the Town.
(iii)
Garbage storage areas shall be screened from public view.
(iv)
Accumulations or storage of garbage, refuse, appliances, or
furniture in a Means of Egress shall not be permitted.
(k)
Composting
(i)
Composting shall take place only by an Owner, tenant, Occupant,
or lessee on the Property of which they are the Owner, tenant,
Occupant, or lessee.
(ii)
Composting shall take place behind the building line and no closer
than 0.6 metres (2 feet) to the Property line. The composter or
compost pile shall be of a size no greater than 3 metres by 1.5
metres by 1 metre or 4.5 cubic metres (10 feet by 5 feet by 3 feet
or 150 cubic feet).
(iii)
Food waste in the composter shall be covered by Yard waste, soil,
or compost.
(iv)
There shall be no bones, meat, dairy or other fat or fat products
added to or contained in the composting materials.
(v)
The compost shall emit no offensive odor or attract or harbor any
rodents or Vermin.
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(l)
Pest Prevention
(i)
Buildings shall be kept free of rodents, Vermin, Pests, and insects
at all times. Methods used for exterminating such Pests shall be in
accordance with the provisions of the Pesticides Act.
(ii)
Openings, including windows, that might permit the entry of
rodents, insects, Vermin or other Pests shall be appropriately
screened or sealed.
5.2
Buildings
(a)
General
(i)
Every Owner, tenant, Occupant or lessee of a building shall
maintain every floor, wall, ceiling and fixture, under their control,
including hallways, entrances, laundry rooms, bathrooms,
kitchens, utility rooms, and other common areas, in a clean,
sanitary and safe condition.
(ii)
Every Owner, tenant, Occupant or lessee shall keep a building
free of excessive levels of mold.
(b)
Structural Soundness
(i)
Every part of a building structure shall be maintained in a sound
condition so as to be capable of safely sustaining its own weight
load and any additional load to which it may be subjected through
normal use and having a level of safety as required by the Ontario
Building Code. Structural members or materials that have been
damaged or indicate evidence of deterioration shall be repaired or
replaced.
(ii)
Walls, roofs, and other exterior parts of a building or structure shall
be free from loose or improperly secured objects or materials.
(c)
Foundations
(i)
Foundation walls 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, damp proofing and waterproofing walls,
joints, and floors.
(ii)
Every building, except for slab on grade construction, shall be
supported by foundation walls or piers, which extend below the
frost line, or to solid rock.
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(d)
Exterior Walls
(i)
Exterior walls of a building 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.
(ii)
Exterior walls of a building and their components shall be free of
unauthorized signs, painted slogans, graffiti and similar
defacements.
(e)
Windows 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, maintaining operation
where operable and re-glazing where necessary. Where
screening is provided on windows and doors it shall also be
maintained in good repair.
(ii)
In a building where there is a voice communication unit working in
conjunction with a security locking and release system controlling
a particular entrance door, the said system shall be maintained in
good working order at all times.
(f)
Roofs
(i)
Roofs of buildings and their components shall be maintained in a
weather tight condition, free from loose or unsecured objects or
materials.
(ii)
The roofs of buildings shall be kept clear of excessive
accumulations of ice or snow or both.
(iii)
Where eaves troughing or roof gutters, are provided they shall be
kept in good repair, free from obstructions and properly secured to
the building.
(g)
Walls, Ceilings and Floors
(i)
Every wall, ceiling and floor shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other
defects.
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(ii)
Every floor 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
entrance of rodents and other Vermin or insects.
(iii)
Walls and floors surrounding showers and bathtubs shall be
impervious to water.
(iv)
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 cleaned.
(h)
Stairs, Porches and Balconies
Inside and outside stairs, porches, balconies and landings shall be
maintained so as to be free of holes, cracks, and other defects, which
may constitute accident hazards. Existing stair treads or 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.
(i)
Guards And Handrails
Guards, handrails, pickets, and balustrades shall be installed,
constructed, and maintained in existing buildings in accordance with the
requirements of the Ontario Building Code for new construction.
(j)
Sewage
(i)
Sanitary sewage shall be discharged into an acceptable sewage
system.
(ii)
Sanitary sewage of any kind shall not be discharged onto the
surface of the ground, whether into a natural or artificial surface
drainage system or otherwise.
(k)
Plumbing
(i)
Plumbing fixtures required by the Ontario Building Code for new
construction are required by this By-law for existing buildings. All
plumbing fixtures shall be installed and connected to the drainage
and supply systems in accordance with the Ontario Building Code.
(ii)
Where fixtures required by article 4.46 are required to be supplied
with hot water. Hot water shall be supplied at a temperature of not
less than 43 degrees Celsius (110 F).
(iii)
All plumbing, including drains, water supply pipes, water closets
and other plumbing fixtures shall be maintained in good working
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condition free of leaks and defects and all water pipes and
appurtenances thereto shall be protected from freezing.
(iv)
Every fixture shall be of such materials, construction and design
as will ensure that the exposed surface of all parts are hard,
smooth, impervious to hot and cold water, readily accessible for
cleansing and free from blemishes, cracks, stains, or other defects
that may harbour germs or impede thorough cleansing.
(l)
Heating
Every occupied building shall be provided with suitable heating facilities
capable of maintaining an indoor ambient temperature of 18 degrees
Celsius (64 F.) in the occupied portion of the building. The heating
system shall be maintained in good working condition.
(m)
Fire Escapes, Alarms and Detectors
(i)
All fire alarms and detection systems shall be installed and
maintained in accordance with the Ontario Building Code.
(ii)
Buildings using an existing fire escape as a secondary Means of
Egress shall have the escape in good condition, free from
obstructions and easily reached through an open able window or
door.
(n)
Means of Egress
All Means of Egress shall remain clear and unobstructed.
(o)
Lighting
All lighting fixtures and switches shall be maintained in good working
order.
(p)
Nuisance Lighting
In this section:
(i)
"Direct Lighting" means light emitted directly from the lamp of
the reflector or luminaire.
(ii)
"Indirect Lighting" means light that has been reflected or has
scattered off other surfaces.
(iii)
"Glare" means light emitting from a luminaire with intensity great
enough to reduce a viewer's ability to see, or to produce sensation
of discomfort.
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(iv)
"Light Trespass" means the shining of light produced by a
luminaire beyond the boundaries of the Property on which it is
located.
(v)
"Luminaire" means a complete lighting system, including a lamp
or lamps enclosed in a housing complete with reflectors,
refractors, etc.
(vi)
No Person shall create, cause or permit Direct or Indirect Lighting
from a Property to cause Glare or Light Trespass onto an adjacent
Property so as to be or to cause a Nuisance as reasonably
determined by the Officer at the Officer's discretion.
(vii)
Direct or Indirect Lighting from a Property identified as causing
Glare or Light Trespass and being in the nature of a Nuisance by
the Officer shall be corrected or removed to the satisfaction of the
Officer.
(q)
Electrical
Electrical wiring, fixtures, switches, receptacles, and appliances located
in 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 Corporations Act,
R.S.O. 1990, as amended.
(r)
Ventilation
(i)
All systems of mechanical ventilation including air conditioners
shall be maintained in good working order.
(ii)
All enclosed areas, including Basements, Cellars, crawl spaces
and attics or roof spaces, shall be adequately ventilated.
(s)
Elevating Devices
Elevators and other elevating devices including all mechanical and
electrical equipment, lighting fixtures, lamps, control buttons, floor
indicators, ventilation fans, and emergency communication systems shall
be operational, maintained in good condition and in accordance with the
Elevating Devices Act.
(t)
Vacant Buildings
(i)
In addition to the minimum Standards for the maintenance and
occupancy of Property set out elsewhere in this by-law, the Owner
of a vacant building including a vacant Residential Building shall:
- ensure all Vacant buildings are kept cleared of all garbage,
rubbish and debris and shall have utilities serving the building,
By-Law Number 2024-083
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which are not required for safety or security are properly
disconnected or otherwise secured, to prevent damage to the
building or adjoining Property.
- ensure that the building and Property are kept fee of rodents,
Vermin and other harmful Pests and any other conditions that
would allow such Pests to harbour in or about the building,
and/or Property.
(ii)
Despite any other provisions of this by-law, where in the sole
discretion of the Officer a vacant Residential Building needs repair
and can be reasonably repaired, then such Property including any
buildings on such Property shall be repaired:
- As soon as possible in a manner consistent with other parts of
this by-law, and
- Maintained in a manner so as not to become, in the opinion of
the Officer, a Nuisance.
(iii)
The Owner or agent of a vacant building shall board up the
building in an approved manner.
Section 6 - Additional Property Standards for Residential Buildings and Dwelling
Units
6.1
General Provisions
(a)
This Section applies to Residential Buildings and Dwelling Units.
(b)
The requirements of Section 4 apply in addition to the requirements of
this Section.
6.2
Windows And Doors
(a)
All windows that are intended to be opened, and all exterior doors shall
have suitable hardware to allow locking or otherwise securing from
inside. All entrance doors shall have suitable hardware to permit locking
or securing. At least one entrance door shall have suitable hardware to
permit locking from either inside or outside.
(b)
Every entrance door shall be resistant to forced entry in accordance with
the requirements of the Ontario Building Code for new construction.
(c)
Every operable window located above a Suite shall be protected by a
Guard or mechanism in accordance with the Ontario Building Code
requirements for new construction.
(d)
Every operable window that is located above a Suite shall be protected in
accordance with the requirements of the Ontario Building Code.
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6.3
Kitchens
Other than in individual guest rooms in motels, hotels, boarding houses,
rooming houses and dormitories, every Dwelling Unit 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)
suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
(c)
a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft)
in length, exclusive of the sink, and covered with a material that is
impervious to moisture and grease and is easily cleanable;
(d)
a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
6.4
Laundry
Laundry facilities or a space for laundry facilities shall be provided in every
Dwelling Unit or grouped elsewhere in the Residential Building in a location
conveniently accessible to Occupants of every Dwelling Unit.
6.5
Toilet and Bathroom Facilities
(a)
Other than in boarding houses, rooming houses and dormitories every
Dwelling Unit shall contain a bathroom consisting of at least one fully
operational water closet, washbasin, and a bathtub or suitable shower
unit. Every washbasin and bathtub or shower shall have an adequate
supply of hot and cold running water. Every water closet shall have a
suitable supply of running water.
(b)
Every Residential Building shall contain a sufficient number of bathroom
facilities consisting of at least one fully operational water closet,
washbasin, and a bathtub or suitable shower unit to service all Dwelling
Units not required to contain a bathroom.
(c)
Other than in boarding houses, rooming houses and dormitories, every
bathroom or Toilet Room shall be accessible from within the Dwelling
Unit and shall be fully enclosed and provided with a door capable of
being locked.
(d)
Where toilet or bathroom facilities are shared by Occupants of a
Residential Building 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.
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6.6
Plumbing
Other than in boarding houses, rooming houses and dormitories every Dwelling
Unit shall be provided with an adequate supply of potable running water from a
source Acceptable by the Medical Officer of Health.
6.7
Electrical
(a)
Every Residential Building shall be wired for electricity and shall be
connected to an Acceptable electrical supply system.
(b)
Every Habitable Room shall have a minimum of one electrical duplex
outlet for each 11.1 square metres (120 sq. ft.) of floor space; for each
additional 9.3 square metres (100 sq. ft.) of floor area, a second duplex
outlet shall be provided. Extension cords shall not be used on a
permanent basis.
(c)
Every common area in a Residential Building, and every hallway,
bathroom, Toilet Room, kitchen, laundry room, furnace room, Basement,
Cellar and non-habitable work or storage room shall be provided with a
permanent light fixture.
(d)
Lighting fixtures and appliances installed throughout a Residential
Building shall provide sufficient illumination so as to avoid accident
hazards in normal use.
6.8
Heating, Heating Systems, Chimneys and Vents
(a)
Every Residential Building shall be provided with suitable heating
facilities capable of maintaining an indoor ambient temperature of 22
degrees Celsius (72 F.) in the occupied Dwelling Units and all common
areas. 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.
(b)
All fuel burning appliances, equipment, and accessories in a Residential
Building shall be installed and maintained to the Standards provided by
the Energy Act, as amended or other applicable legislation.
(c)
Where a heating system or part thereof requires solid or liquid fuel to
operate, a place or receptacle for such fuel shall be provided and
maintained in a safe condition and in a convenient location so as to be
free from fire or accident hazard.
(d)
Every Residential Building shall be constructed or otherwise separated to
prevent the passage of smoke, fumes, and gases from that part of the
building which is not used, designed, or intended to be used for human
habitation into other parts of the building used for habitation. Such
separations shall conform to the Ontario Building Code.
By-Law Number 2024-083
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(e)
All fuel burning appliances, equipment, and accessories shall be properly
vented to the outside air by means of a smoke-pipe, vent pipe, chimney
flue or other approved method.
(f)
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 open joints, and the repair of loose or
broken masonry units.
(g)
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.
6.9
Disconnected Utilities
An Owner or 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 a Dwelling Unit 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.
6.10 Smoke Alarms
Smoke alarms shall be installed, maintained and tested in every Dwelling Unit
and in each sleeping room not in a Dwelling Unit in accordance with the
requirements of the Ontario Building Code.
6.11 Means of Egress
(a)
Every Residential Building and each Dwelling Unit contained therein shall
have a safe, continuous and unobstructed passage from the interior of
the building and the Dwelling Unit to the outside at street or grade level
(b)
The Means of Egress for each Residential Building and each Dwelling
Unit shall conform to the requirements of the Ontario Building Code.
6.12 Natural Light
Every Habitable Room except a kitchen, bathroom or Toilet Room shall have a
window or windows, skylights or translucent panels facing directly or indirectly to
an outside space and admits as much natural light equal to not less than ten
percent of the floor area for living and dining rooms and five percent of the floor
area for bedrooms and other finished rooms.
6.13 Ventilation
Every Habitable Room, including kitchens, bathroom or Toilet Rooms, shall
have openings for ventilation providing an unobstructed free flow of air of at
By-Law Number 2024-083
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least 0.28 square metres (3 sq. ft), or be provided with an approved system of
mechanical ventilation capable of providing hourly air exchanges.
6.14 Occupancy Standards
(a)
The number of Occupants, residing on a permanent basis in an individual
Dwelling Unit, shall not exceed one Person for every nine square metres
(97 sq. ft), of habitable floor area. For the purpose of computing
habitable floor area, any area with the minimum ceiling height less than
2.1 metres (7 ft.) shall not be considered.
(b)
No room shall be used for sleeping purposes unless it has a minimum
width of two metres (6.6 ft.), and a minimum floor area of seven square
metres (75 sq. ft.). A room used for sleeping purposes by two or more
Persons shall have a minimum floor area of four-square metres (43 sq.
ft.) per Person.
(i)
Any Basement, or portion thereof, used as a Dwelling Unit shall
conform to the following requirements: each Habitable Room shall
comply with all the requirements set out in this By-Law;
(ii)
floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(iii)
each Habitable Room shall be separated from service rooms in
accordance with the Ontario Building Code;
(iv)
primary access to each Habitable Room shall be gained without
passage through a service room.
This By-law is Read a first, second, third time and finally passed this 22nd day of
October, 2024.
Gary McNamara, Mayor
Robert Auger, Clerk
Robert Auger
Signed with ConsignO Cloud (2024/10/25)
Verify with verifio.com or Adobe Reader.
Gary McNamara
Signed with ConsignO Cloud (2024/10/25)
Verify with verifio.com or Adobe Reader.