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The Corporation of the City of Temiskaming Shores
Office Consolidated
Property Standards
By-law No. 2018-081
Being a by-law to regulate Property Standards for property
within the municipality
By-laws amending original Municipal By-law No. 2018-081:
By-law No. 2021-145
October 5, 2021
Note:
This office consolidation has been prepared to assist the reader in understanding the
amendments to By-law No. 2018-081.
The Corporation of the City of Temiskaming Shores
By-law No. 2018-081
Being a by-law to regulate Property Standards for
property within the municipality
Whereas under Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
the powers of a municipality shall be interpreted broadly to enable it to govern its affairs
as it considers appropriate and to enhance the municipality's ability to respond to
municipal issues;
And whereas under Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
And whereas under Section 10 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, a single-tier municipality may provide any service or thing that the
municipality considers necessary or desirable for the public;
And whereas under Section 10 (2) 5 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws with respect to matters of
economic, social and environmental well-being of the municipality, including respecting
climate change;
And whereas under Section 10 (2) 6 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws with respect to matters of
health, safety and well-being of persons;
And whereas under Section 10 (2) 10 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws with respect to matters
regarding structures, including fences and signs;
And whereas under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, as
amended, a by-law may be passed by the Council of a municipality prescribing the
standards for the maintenance and occupancy of property within the municipality
provided the official plan for the municipality includes provisions relating to property
conditions;
And whereas the Official Plan(s) in effect within the Corporation of the City of
Temiskaming Shores include provisions relating to property conditions;
And whereas the Council of The Corporation of the City of Temiskaming Shores is
desirous of passing a by-law under Section 15.1(3) of the Building Code Act, S.O. 1992,
c.23;
And whereas Section 15.5 (3) of the Building Code Act, S.O. 1992, C.23, provides
Council the authority to set a fee for the issuance of a Certificate of Compliance.
And whereas Section 15.6 (1) of the Building Code Act, S.O. 1992, c.23, requires that
a by-law passed under Section 15.1 of the Building Code Act, S.O. 1992, c.23, shall
provide for the establishment of a Property Standards Committee;
And whereas Section 391 (1) of the Municipal Act, S.O. 2001, c. 25, as amended
provides without limiting sections 9 and 10, those sections authorize a municipality to
impose fees or charges on persons for services or activities provided or done by or on
behalf of it, for costs payable by it for services or activities provided or done by or on
behalf of any other municipality or any local board, and for the use of its property
including property under its control;
And whereas Section 391 (3) of the Municipal Act, S.O. 2001, c. 25, as amended
provides that the costs included in a fee or charge may include costs incurred by the
municipality or local board related to administration and enforcement;
And whereas Section 398 (1) of the Municipal Act, S.O. 2001, c. 25, as amended
provides that fees and charges imposed by a municipality or local board on a person
constitute a debt of that person to the municipality or local board;
And whereas Section 398 (2) of the Municipal Act, S.O. 2001, c. 25, as amended
provides that the treasurer of a local municipality or of a local board whose area of
jurisdiction includes any part of the municipality shall add fees and charges imposed by
the municipality, or local board, respectively, to the tax roll and collect them in the same
manner as municipal taxes;
And whereas Council considered Administrative Report No. CGP-012-2018 at the May
1, 2018 Regular Council meeting and directed staff to prepare the necessary by-law for
the adoption of a Property Standards By-law for consideration of Provisional Approval
(1st and 2nd reading) at the May 1, 2018 Regular Council meeting with third and final
reading for consideration subsequent to an public meeting;
And whereas Council considered Memo No. 002-2018-CGP at the June 5, 2018
Regular Council meeting and directed staff to prepare By-law No. 2018-081 for third and
final reading for consideration at the June 5, 2018 Regular Council meeting;
Now therefore the Council of The Corporation of the City of Temiskaming Shores
hereby enacts the following as a bylaw:
1. That the Council of the City of Temiskaming Shores adopts the "Property
Standards", identified as Schedule "A", hereto attached and forming part of this by-
law.
2. That the effective date of the by-law shall be the date of adoption.
3. That By-law No. 2012-084 being a by-law for the Adoption of Standards for the
Maintenance and Occupancy of Property within the Municipality is hereby
repealed.
4. That the Clerk of the City of Temiskaming Shores is hereby authorized to make
any minor modifications or corrections of an administrative, numerical,
grammatical, semantically or descriptive nature or kind to the by-law and schedule
as may be deemed necessary after the passage of this by-law.
Read a first and second time this 1st day of May, 2018
______________________________
Mayor - Carman Kidd
______________________________
Clerk - David B. Treen
Read a third and final time this 5th day of June, 2018
______________________________
Mayor - Carman Kidd
______________________________
Clerk - David B. Treen
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
1
Index
Section
Part 1 - General Provisions
Page
1.1
Short Title
1
1.2
Scope
1
1.3
Enforcement
1
1.4
Conflicts with other By-law
1
Part 2 - Definitions
2.1
Accessory Building
1
2.2
Apartment Building
1
2.3
Approved
1
2.4
Arborist
1
2.5
Barrier-Free
1
2.6
Basement
2
2.7
Building
2
2.8
Building Code Act
2
2.9
City
2
2.10
Common Area(s)
2
2.11
Council
2
2.12
Developed Lot
2
2.13
Dwelling Unit
2
2.14
Exterior Envelope
2
2.15
First Storey
2
2.16
Guard
2
2.17
Means of Egress
2
2.18
Non-residential Use Property
2
2.19
Ontario Building Code
3
2.20
Owner
3
2.21
Officer
3
2.22
Pesticides Act
3
2.23
Person
3
2.24
Property Standards Committee
3
2.25
Property Standards Officer
3
2.26
Property
3
2.27
Residential Use Property
3
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
2
2.28
Standards
3
2.29
Storey
3
2.30
Suite
3
2.31
Temporary Shelter
4
2.32
Toilet Room
4
2.33
Tree
4
2.34
Undeveloped Property
4
2.35
Vehicle
4
2.36
Vacant Property
4
2.37
Yard
4
2.38
Zone(s)
4
Part 3 - General Standards for all Properties
3.1
Workmanship
4
3.2
Yards
4
3.3
Surface Conditions Yards
5
3.4
Surface Conditions of Driveways, Parking Areas, and Walkways
5
3.5
Accessory Building, Fences, and Other Structures
6
3.6
Composting
6
3.7
Trees
6
Part 4 - Residential Standard
4.1
General Conditions for the exterior envelope and the common
areas of residential use property
7
4.2
Pest Prevention
7
4.3
Structural Soundness
7
4.4
Exterior Envelope
7
4.5
Windows and Doors
8
4.6
Roofs
8
4.7
Interior Walls, Ceilings and Floors
9
4.8
Interior and Exterior Stairs, Porches, Balconies, Landings,
Mezzanines and Fire Escapes
9
4.9
Guards
9
4.10
Handrails
9
4.11
Electrical Service
9
4.12
Lighting
10
4.13
Heating, Heating Systems
10
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
3
4.14
Elevating Devices
10
4.15
Disconnected Utilities
10
Part 5 - Vacant Lands and Buildings
5.1
Vacant Lands
10
5.2
Vacant Buildings
10
Part 6 - Non-Residential Use Property Standards
6.1
Yards
11
6.2
Parking Areas and Driveways
11
6.3
Structural Soundness
11
6.4
Exterior Walls
12
6.5
Roofs
12
6.6
Guards
12
6.7
Handrails
12
6.8
Lighting
13
Part 7 - Interior Residential Property Maintenance
7.1
Security
14
7.2
Water
14
7.3
Kitchen and Washroom Facilities
14
7.4
Kitchen Facilities
15
7.5
Electrical Services
15
7.6
Ventilation
15
7.7
Garages
15
7.8
Egress
15
7.9
Elevators
16
7.10
Pest Control
16
7.11
Interior Structure and Floors
16
7.12
Plumbing System
16
7.13
Heating System
17
7.14
Exemption
17
7.15
Reporting of Section 7
17
Part 8 - Administration and Penalty
8.1
Property Standards Committee
18
8.2
Duty of Property Standards Committee
18
8.3
Powers of Property Standards Committee
18
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
4
8.4
Filling of Vacancies
18
8.5
Compensation
18
8.6
Chair
18
8.7
Quorum
18
8.8
Secretary
19
8.9
Duty of Secretary
19
8.10
Rules of Procedure and Oaths
19
8.11
Where Property Standards Committee Required to Give Notice
18
8.12
Compliance
19
8.13
Informal Notice
19
8.14
Orders
19
8.15
Appeal of Order
20
8.16
Certificate of Compliance
20
8.17
Fees for Service / Activity
20
8.18
Penalty
20
8.19
Validity
20
Appendices
Appendix
01
Service / Activity Fees
02
Informal Notice - Form PS-A-02
03
Order after Informal Notice - Form PS-A-03
04
Order - Form PS-A-04
05
Notice of Appeal - Form PS-A-05
06
Certificate of Compliance - Form PS-A-06
07
Property Standards Committee - Rules of Procedure
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
1
Part 1 - General Provision
1.1. Short Title
This By-law shall be cited as the "Property Standards By-law".
1.2. Scope
The provisions of this By-law shall apply to all property within the geographic limits of the City,
except where otherwise provided
1.3. Enforcement
This By-law shall be enforced by a Property Standards Officer.
1.4. Conflicts with other by-law
Where provisions of the By-law conflict with a provision of another by-law in force in the City, the
provisions that establishes the higher standard in terms of protecting the health, safety and
welfare of the general public and the environmental well being of the municipality, shall prevail
to the extent of the conflict.
Part 2 - Definitions
Definitions of words and phrases used in this by-law that are not included in the list of definitions
in this Part shall have the meanings as defined in the Building Code Act and/or Article 1.4.1.2 of
Division A of the Ontario Building Code where so provided, and otherwise the meanings which
are commonly assigned to them in the context in which they are used in this By-law.
The words and phrases defined in this section have the following meaning for the purposes of
this By-law:
2.1. Accessory Building means a detached building or structure, not used for human
habitation, that is naturally and normally incidental and subordinate to the primary use of
the building or structure located on the same property.
2.2. Apartment Buildings means a building containing two or more dwelling units which have
interior access to each other or which share a common access to exit, or common exit
through an internal or exterior corridor system, lobby or stair and includes all such
buildings whether under single ownership or condominium tenure.
2.3. Approved means approved by the Property Standards Officer.
2.4. Arborist a trained professional that is capable of assessing the health and status of any
tree in question for the safety of the public.
2.5. Barrier-Free means that a building and its facilities can be approached, entered and used
by persons with physical or sensory disabilities.
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
2
2.6. Basement means one or more storeys of a building located below the first storey.
2.7. Building means "building" as defined in the Building Code Act.
2.8. Building Code Act means the Building Code Act, S.O. 1992, c.23, as amended.
2.9. City means the City of Temiskaming Shores.
2.10. Common Area(s) means those areas of a building, on a Residential Use Property that
are not located within a dwelling unit, which are accessible to and for the use of the
occupants of the building and or the public, and includes, but is not limited to; interior and
exterior stairs, stairways, fire escapes, corridors, hallways, landings, decks, platforms,
mezzanines, lobbies, laundry rooms, garbage rooms, exercise rooms, recreational rooms,
and toilet rooms.
2.11. Council means the Council of the City of Temiskaming Shores.
2.12. Development Lot means all privately owned property located in any zone as prescribed
in the Zoning By-law(s) currently in effect in the City of Temiskaming Shores and
amendments thereto.
2.13. Dwelling Unit means a suite within a building on residential use property operated as a
housekeeping unit, used or intended to be used as a domicile by one or more persons
and usually contains cooking, eating, living, sleeping, and sanitary facilities.
2.14. Exterior Envelope means those parts of a building normally exposed to the elements and
the effects of the sun, rain, snow and wind including the walls, roofs, soffits, fascia, gable
ends, windows, doors and portions of the foundation located above grade.
2.15. First Storey means the storey with its floor closest to grade and having its ceiling more
than 1.8 metres (5 ft 11 in) above grade.
2.16. Guard means a protective barrier around openings in a floor, or at the open side or sides
of stairs, landings, balconies, mezzanines, galleries, raised walkways, or other locations to
prevent accidental falls from one level to another.
2.17. Means of Egress includes exits and access to exits and means a continuous path of
travel provided for the escape of persons from any point in a building or in a contained
open space to,
(a) a separate building,
(b) an open public thoroughfare, or
(c) an exterior open space that is protected from fire exposure from the building and that
has access to an open public thoroughfare
2.18. Non-residential Use Property means a property on which there are no buildings or
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
3
structures that contain a dwelling unit, or on which no buildings or structures could lawfully
be constructed that contain a dwelling unit, other than as permitted in Industrial Zones,
and includes the lands and premises and accessory buildings, structures, fences or
erections thereon or therein.
2.19. Ontario Building Code means O. Reg 332/12 made under the Building Code Act, S.O.
1992, c.23 and amendments thereto.
2.20. Owner shall mean and include:
(a) the person for the time being managing or receiving the rent of the land or premises in
connection with which the word is used, whether on the person's own account or as agent or
trustee of any other person, or who would so receive the rent if such land and premise were
let, and
(b) A lessee or occupant of the property who, under the terms of a lease, is required to repair and
maintain the property in accordance with the standards for the maintenance and occupancy of
property.
2.21. Officer means a Property Standards Officer.
2.22. Pesticides Act means the Pesticides Act, R.S.O. 1990 c. p. 11
2.23. Person means an individual, firm or corporation.
2.24. Property Standards Committee means the Committee established pursuant to Section
15.6 of the Building Code Act.
2.25. Property Standards Officer means the person or persons duly appointed by Council as
Property Standards Officer.
2.26. Property means the area of land as further defined in this bylaw as Residential Use
Property, Non-Residential Use Property and/or Vacant Property.
2.27. Residential Use Property means a property on which a building is located, or on which a
building could lawfully be constructed for use as a dwelling unit(s) for one or more
persons, but does not include medical or correctional institutions or facilities, and
encompasses any lands and accessory buildings and all stairways, walkways, driveways,
parking spaces, and fences associated with the building and its yard.
2.28. Standards means the minimum standards of the physical condition of a building to allow
occupancy as prescribed for in this Bylaw.
2.29. Storey means the portion of a building,
(a) that is situated between the top of any floor and the top of the floor next above it, or
(b) that is situated between the top of the floor and the ceiling above the floor, if there is
no floor above it.
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
4
2.30. Suite means a single room or a series of rooms of complimentary use, operated under a
single tenancy, and includes,
(a) dwelling units,
(b) individual guest rooms in motels, hotels, boarding and rooming houses and
dormitories, and
(c) individual stores and individual or complimentary rooms for business and personnel
services occupancies
2.31. Temporary Shelter means a non-permanent commercially prefabricated accessory
structure that is designed to provide shelter to a vehicle and is designed to be easily
dismantled or removed.
2.32. Toilet Room means a room containing a toilet and a wash basin.
2.33. Tree Any woody plant of a species which at maturity is usually over five (5) metres in
height, having one or more self-supporting trunks and including the roots, branches, trunk,
crown or any part thereof.
2.34. Undeveloped Property means land that is not a Developed Lot.
2.35. Vehicle means an automobile, motor vehicle, all terrain vehicle, bicycle, bus, farm tractor,
truck, trailer, traction engine, motorcycle, motorized snow vehicle, road-building machine.
2.36. Vacant Property means the area of land situated between the lot lines of a lot, on which
there are no buildings or structures or portions thereof currently constructed or situated.
2.37. Yard means vacant land on developed lots and areas of land on developed lots between
the exterior wall of any buildings or structures that are located on the lot, and the lot lines
of said lot.
2.38. Zone(s) means a designated area of land use as prescribed in the Zoning By-law(s)
currently in effect in the City of Temiskaming Shores and amendments thereto.
Part 3 - General Standards for all Properties
3.1. Workmanship
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, renovations or repairs shall conform to the Building Code Act, the Ontario Building
Code, the Fire Prevention and Protection Act, and the Ontario Fire Code where applicable.
3.2. Yards
Every yard in all Zones shall be kept clean and free from:
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
5
3.2.1.
rubbish or debris and objects or conditions that may create a health, fire, or accident
hazard;
3.2.2.
vehicles or any part of such vehicle which is in a wrecked, discarded, dismantled,
inoperative, unlicensed or abandon condition, with the following exceptions:
(a)
where it is part of an automotive repair establishment use, an automotive sales
establishment (new or used) use or a vehicle compound use permitted by any
zoning by-law;
(b)
where it is part of any legal non-conforming automotive repair establishment
use, automotive sales establishment (new or used) use, vehicle compound
use or salvage yard use; or
(c)
where the vehicle is operative and can licensed pursuant to the provisions of
the Highway Traffic Act, R.S.O. 1990, c.H. 8.
3.2.3.
dilapidated, collapsed, partially collapsed or partially constructed buildings or
structures that are not currently under construction or renovation authorized by a
permit issued pursuant to the Building Code Act.
3.2.4.
buildings or structures which have sustained damage due to flood, fire, or the effects
of wind, rain or snow that render the building unusable for its normal intended use,
that are not under renovation authorized by a permit issued pursuant to the Building
Code Act.
3.3. Surface Conditions Yards
Surface conditions of yards on developed lots shall be maintained so as to:
3.3.1.
prevent ponding of storm water.
3.3.2.
prevent instability or erosion of soil.
3.3.3.
prevent surface water run-off from entering basements.
3.3.4.
not exhibit an unsightly appearance in comparison to adjacent property.
3.3.5.
be kept free of deep ruts and holes.
3.3.6.
provide for safe passage under normal use and weather conditions, day or night.
3.3.7.
not to create a nuisance to other property.
3.3.8.
kept free of injurious insects, termites, rodents, vermin or other pests.
3.4. Surface Conditions of Driveways, Parking Areas and Walkways
3.4.1.
The surface condition of yards on developed lots used for vehicular traffic,
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
6
driveways, parking areas or pedestrian walks shall be of asphalt, concrete, concrete
paving stones, compacted stone or gravel and shall be kept in good repair free of
dirt and litter so as to afford safe passage under normal use and weather conditions
day or night.
3.4.2.
Accumulations of ice and snow shall be promptly removed from all main entrances
and exits of occupied buildings.
3.4.3.
Where buildings and property have been designated, designed, constructed or
altered for barrier-free access, every barrier-free path of travel and all barrier-free
features and equipment shall be installed in accordance with the Building Code, and
shall be maintained in good repair and shall function as designed.
3.5. Accessory Building, Fences and Other Structures
3.5.1.
Accessory buildings, fences and other structures appurtenant to the property shall
be maintained in structurally sound condition, good repair and free from accident
hazards.
3.5.2.
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 and shall be of uniform colour unless the
aesthetic characteristics of said structure are enhanced by the lack of such material.
3.6.
Composting
3.6.1.
All properties shall be permitted one compost provided that the pile has an area not
exceeding 2 square metres (21.5 ft2) and a height not exceeding 2 metres (6 ft 6 in),
is enclosed on all sides by concrete block or lumber, or is contained in a metal or
plastic barrel, a metal frame building with a concrete floor, or a commercial container
designed for composting.
3.6.2.
No animal or human feces shall be deposited into a compost pile.
3.6.3.
No animal based waste shall be deposited into a compost pile.
3.6.4.
The location of a compost container/compost piles on a property, shall be such that
the compost container/compost piles does not create a nuisance for adjacent
property owners.
3.7.
Trees
3.7.1.
All trees on the premises shall be kept pruned so as to be free from dead, diseased
or dying branches which may be a source of danger.
3.7.2.
All diseased or dead trees which may be a source of danger shall be removed.
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
7
3.7.3.
Trees are only to be deemed a danger by an arborist, unless it is deemed
dangerous by the City's By-Law Enforcement officer.
3.7.4.
The owner of the property on which the supposed dangerous tree is located shall be
responsible for providing a written statement from an arborist on the health and/or
safety of the tree, if it is requested by the City's By-law enforcement Officer.
Part 4 - Residential Standard
4.1.
General conditions for the exterior envelope and the common areas of residential
use property.
Every owner of a building on a residential use property shall maintain the exterior envelope and
the common areas of the buildings located on the property in accordance with this Part.
4.2.
Pest Prevention
4.2.1.
Openings in the exterior envelope of buildings on residential use property that may
permit the entry of rodents, insects, vermin or other pests shall be appropriately
screened or sealed.
4.2.2.
Buildings on residential use property shall be kept reasonably free of rodents,
vermin and insects at all times. Methods used for exterminating such pests shall be
in accordance with the provisions of the Pesticides Act and all City bylaws.
4.3.
Structural Soundness
4.3.1.
Buildings on residential use property shall be maintained in a structurally sound
condition so as to be capable of withstanding the live and dead loads that it may be
exposed to, and the anticipated effects of wind, rain and snow to which it may be
exposed. Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
4.3.2.
Foundation walls supporting buildings on residential use property 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, and the
installation of sub soil drains at the footing level, grouting masonry cracks, and the
damp proofing and waterproofing of walls and floors where necessary.
4.4.
Exterior Envelope
The exterior envelope of buildings on residential use property, including siding or cladding,
masonry, soffits, fascia, and trim components shall be maintained in good repair, free from
loose or improperly secured objects or materials. Paint or other suitable preservatives or
coatings must be applied where necessary so as to prevent deterioration due to weather
City of Temiskaming Shores
Schedule "A" to
Property Standards
By-law No. 2018-081
8
conditions, insects or other hazards.
4.5.
Window and Doors
4.5.1.
Windows, doors, skylights, and basement hatchways in the exterior envelope of
buildings on residential use property shall be maintained in good repair, weather
tight and draught free, so as to prevent heat loss and infiltration by the elements.
Maintenance includes painting, and the repair or replacement of damaged doors,
door frames, window frames and sashes, and the replacement of non-serviceable
hardware and re-glazing where necessary. Where screening is provided on windows
and doors it shall also be maintained in good repair.
4.5.2.
Windows and doors in a required means of egress shall be equipped with hardware
that can be readily opened from the interior without keys, special devices or special
knowledge and shall be maintained in operable condition.
4.5.3.
Doors between the common areas of buildings and individual suites shall be
equipped with dead bolt type locking device with a minimum 1 inch bolt throw.
4.5.4.
Where there is a voice communication unit working in conjunction with a security
locking and release system controlling a particular entrance door and installed
between individual dwelling units and a secured entrance area, the said system
shall be maintained in good working order at all times.
4.5.5.
All windows located above the second story in the exterior envelope of a building on
residential use property that have a sill height less than 1000 mm (3 ft 3 in) from the
adjacent floor level shall be equipped with an approved safety device that prevents
any part of the window from being opened to a position that would permit the
passage of a 100 mm diameter (4 inches) sphere, or the window shall be protected
by a guard described in Section 4.8 of this by-law.
4.5.6.
Notwithstanding Section 4.4.5, where an exterior balcony is constructed the full
length of the window and this balcony is equipped with an approved guard system,
the safety device described in section 4.4.5 need not be installed on the window.
4.6.
Roofs
4.6.1.
Roofs and their components on buildings on a residential use property shall be
maintained in a weather tight condition, free from loose or unsecured objects or
materials.
4.6.2.
Roofs shall be kept clear of accumulations of ice or snow where such accumulations
could result in hazard as a result of the ice or snow falling from the roof, or could
affect the structural integrity of the building.
4.6.3.
Where eave troughs or roof gutters are provided, they shall be kept in good repair,
free from obstructions and properly secured to the building.
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4.7.
Interior Walls, Ceilings and Floors
Every wall, ceiling and floor in the common area of a building on a residential use property shall
be maintained so as to provide a continuous surface free from excessive holes, cracks, loose
coverings or other defects and were any components thereof are broken, rotted, warped, loose,
excessively worn, or otherwise deteriorated that component shall be repaired or replaced.
4.8.
Interior and Exterior Stairs, Porches, Balconies, Landings, Mezzanines and Fire
Escapes
Every stair, porch, balcony, landing, mezzanine and fire escape located in the common area or
on the exterior envelope of a building on a residential use property shall be maintained in good
repair and where any components thereof are broken, rotted, warped, loose, excessively worn,
or otherwise deteriorated that component shall be repaired or replaced.
4.9.
Guards
4.9.1. Every open side of a flight of steps, ramp, porch, balcony, landing, mezzanine or fire
escape that is located in the common area or on the exterior envelope of a building on a
residential use property, in which there is a difference in elevation of 600 mm (24 inches)
or greater to the adjacent surface, or where the adjacent surface within 1.2 m (3ft. 11 in)
from the walking surface has a slope of more than 1 in 2, shall be protected by a guard
in conformance with the Ontario Building Code.
4.9.2. Notwithstanding Sections 4.9.1 existing guards are acceptable, unless considered
unsafe by the Property Standards Officer.
4.10. Handrails
4.10.1. Every ramp, and stairway with 3 risers or more in the common area and exterior
envelope of a building on a residential use property, shall have a handrail on at least one
side, and where 1.5 metre (59 in) or more in width, shall have handrails on both sides.
Handrails shall be constructed in conformance with the Ontario Building Code
4.10.2. Notwithstanding Sections 4.10.1 existing handrails are acceptable, unless considered
unsafe by the Property Standards Officer.
4.11. Electrical Service
Every building on a residential use property that has access to hydro shall be wired for
electricity and shall be connected to an approved electrical supply system unless it can be
shown that an alternate method of supply is being provided. The electrical wiring, fixtures,
switches, receptacles, and appliances located or used in a building in a residential use property
shall be installed and maintained in good working order so as not to cause fire or electrical
shock hazards and in conformity with the Ontario Electrical Safety Authority.
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4.12. Lighting
4.12.1. An electrical light fixture shall be installed in common areas of building on a
residential use property, including but not limited to storage rooms, service rooms,
laundry rooms, service hallways, stairways, recreation rooms and public toilet
rooms.
4.12.2. Lighting fixtures and appliances installed in common areas of building on a
residential use property shall provide an adequate illumination level at the floor or
tread level and at angles and intersections and changes of level where there are
stairs or ramps.
4.12.3. Notwithstanding Sections 4.12.2 existing lighting fixtures are acceptable, where
approved by the Property Standards Officer.
4.13. Heating, Heating Systems
4.13.1. The common area of a building on a residential use property located within the
interior of the exterior envelope shall be provided with a heating system and those
areas shall be maintained with a minimum ambient temperature of 180 C (640 F.).
4.13.2. Notwithstanding Section 4.13.1, the minimum ambient temperature requirement
does not apply to storage rooms, service rooms or recreation rooms.
4.14. Elevating Devices
Required elevators and other elevating devices including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and
emergency communication systems in the common areas of a building on a residential use
property shall at all times be in good condition, operational and maintained.
4.15. Disconnected Utilities
Owners of residential use property 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 the common area of a building on an occupied residential use
property, except for such reasonable period of time as may be necessary for the purpose of
repairing, replacing, or otherwise altering said service or utility.
Part 5 - Vacant Lands and Buildings
5.1.
Vacant Lands
Vacant land shall be maintained to the standards as described in Part 3 of this By-Law and with
the requirements of this Part.
5.2.
Vacant Buildings
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5.2.1. Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall
have all water, electrical and gas services turned off except for those services that
are required for the security and maintenance of the property.
5.2.2. The owner or agent of a vacant building shall keep the building secure to the
satisfaction of the Property Standards Officer by covering all openings through
which entry may be obtained.
Part 6 - Non-Residential Use Property Standards
6.1.
Yards
6.1.1. Yards in non-residential use property shall be maintained to the standards as
described in Part 3 of this By-Law.
6.1.2. The warehousing or storage of material or operative equipment that is required for
the continuing operation of the industrial or commercial aspect of the property shall
be maintained in a neat and orderly fashion so as not to create a fire or accident
hazard, or an unsightly condition. Where conditions are such that a neat and orderly
fashion is achieved, however the site is still offensive to view from a location not on
the property, as determined by the Property Standards Officer, the offensive area
shall be suitably enclosed by a solid wall or a painted board or privacy type fence
not less than 1.8 metre (6 ft) in height, and shall be maintained in good repair.
6.2.
Parking Areas and Driveways
6.2.1. All areas used for vehicular traffic and parking on a non-residential use property
shall have a surface covering of asphalt, concrete, compacted stone or gravel
sufficient to support the loads it will be subjected to and the covering shall be kept in
good repair free of litter. Notwithstanding the foregoing, where a non-residential use
property abuts a residential use property, all areas used for vehicular traffic and
parking on the non-residential use property located within 30 meters (100 feet) of
the residential use property shall have a surface covering of asphalt or similar hard
surface, or such other measures as required shall be undertaken to eliminate the
effects of dust, sand or gravel particles originating on those areas from being
displaced onto the adjoining residential use property by the effects of wind or rain.
6.2.2. 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.
6.3.
Structural Soundness
Every part of a building or structure on a non-residential use property shall be maintained in a
sound condition so as to be capable of withstanding the anticipated live and dead loads that it
may be exposed to, and the anticipated effects of wind, rain and snow to which it may be
exposed under normal use, having a level of safety required by the Ontario Building Code.
Structural members or materials that have been damaged or indicate evidence of deterioration
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shall be repaired or replaced.
6.4.
Exterior Walls
Exterior walls and their components on a building on non-residential use property, shall be
maintained in good repair free from cracked, broken or loose masonry units, stucco, and other
defective cladding or trim and shall be free of unauthorized signs that would require a building
permit. 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.
6.5.
Roofs
6.5.1.
Roofs and their components on buildings on non-residential use property shall be
maintained in a weather tight condition, free from loose or unsecured objects or
material and shall be kept clear of accumulations of ice or snow where such
accumulation may have a detrimental effect on the structural integrity of the building
or where such accumulations otherwise creates a hazard.
6.5.2.
Where eaves trough or roof gutters are provided they shall be kept in good repair,
free from obstructions and properly secured to the building.
6.6.
Guards
6.6.1.
Every open side of a stair, porch, balcony, landing, mezzanine or fire escape that is
located on the exterior or interior of a building on a non-residential use property, and
in which there is a difference in elevation of 600 mm (24 inches) or greater to the
adjacent surface, or where the adjacent surface within 1.2 m (3ft. 11 in) from the
walking surface has a slope of more than 1in 2, shall be protected by a guard
constructed to the standards as described the Ontario Building Code.
6.6.2.
Notwithstanding Section 6.6.1, if it can be shown that children will unlikely be
present except under strict supervision, guards in a building of Industrial Occupancy
may be built with openings that will prevent a spherical object having a diameter of
200 mm (7-7/8 inches) from passing through it.
6.6.3.
Notwithstanding Section 6.6.1, if it can be shown that children will unlikely be
present except under strict supervision, guards in a building on a non-residential use
property are not required at loading docks, maintenance pits or at such locations
where the presence of the guard would detrimental to the functionality of the
business currently operating in the building.
6.7.
Handrails
6.7.1. Every ramp, and stairways with 3 risers or more in a building on a non-residential
use property, shall have a handrail on at least one side, and where 1.5 metre (59
inches) or more in width, shall have handrails on both sides. Such handrails shall
be constructed to the standards as described in the Ontario Building Code.
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6.7.2. Notwithstanding Sections 6.7.1 existing handrails are acceptable, unless
considered unsafe by the Property Standards Officer.
6.8.
Lighting
6.8.1.
Every building on a non-residential use property shall have sufficient windows,
skylights, and lighting fixtures necessary for the safety of all persons attending the
premises.
6.8.2.
Notwithstanding Section 6.8.1, interior or exterior lighting on non-residential use
property shall not be positioned or directed in manner that causes any impairment of
use or enjoyment of neighbouring properties or causes a hazard to pedestrian or
vehicular traffic on public streets, highways, or pedestrian walkways.
Part 7 - Interior Residential Property Maintenance
In addition to the standards, obligations and requirements of this by-law, Sections 7.1 through
7.13 shall apply to all residential properties in the municipality.
7.1
Security
7.1.1
All operable windows shall have hardware so as to be capable of being locked or
otherwise secured from the interior of the space.
7.1.2
All exterior doors to a dwelling unit shall have hardware so as to be capable of being
locked from the outside, and locked or otherwise secured from the interior of the
space.
7.1.3
Solid core or equivalent exterior type doors shall be provided for all entrances to
dwellings and dwelling units.
7.1.4
The owner of a dwelling or multiple dwelling, upon the written request of an
occupant of the dwelling units in which children under the age of ten years are
occupants, shall subject to Section 7.2.5 below, provide and install a protective
device on any window that,
(a)
has a moveable sash, and
(b)
is more than 2.0 metres (6 feet 3 inches) above adjacent finished ground level.
7.1.5
The protective device shall be installed within seven (7) days of the delivery of the
written request upon the building owner, the owner's agent or the building's
manager or superintendent, unless that such person and the occupant giving notice
agree that the protective device is not required on every such window that meets the
requirements of Section 7.2.4 above.
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7.1.6
The protective device shall be installed and secured in such a manner as to prevent
opening of the window(s) to any amount greater than 100 millimetres (4 inches).
7.2
Water
7.2.1
Every dwelling shall be provided with a supply of potable water from at least one of
the following sources:
(a)
Municipal Water System;
(b)
Communal Water System; or
(c)
Private Source
7.2.2
For the purpose of this by-law, hot water shall be supplied at a temperature of not
less than 430 Celsius (1000 Fahrenheit) and not more then 49o Celsius (120o
Fahrenheit) other than for installed dishwashers or clothes washers
7.3
Kitchen and Washroom Facilities
7.3.1
Every dwelling unit shall contain plumbing fixtures in operative condition, consisting
of a minimum of:
(a)
one kitchen sink;
(b)
one water closet;
(c)
one hand wash basin; and
(d)
one bathtub or shower
7.3.2
The walls to a minimum height of 900 mm (3 feet) above the bathtub rim in every
washroom is to be maintained as to be water-resistant and readily cleaned.
7.3.3
All washrooms and toilet rooms shall be located within and accessible from within
the building.
7.3.4
All washrooms and toilet rooms shall be fully enclosed so as to provide privacy for
the occupant.
7.3.5
A hand wash basin shall be located in the same room as each toilet or in an
adjoining washroom except that no sink in a kitchen shall be considered a hand
wash basin for the purpose of this Part.
7.3.6
Where toilet, kitchen or washroom facilities are shared by the occupants of
residential accommodation, 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. The minimum number of toilets, kitchens or
washrooms required shall be in accordance with the Ontario Building Code.
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7.3.7
Every washroom and every toilet room shall have a permanently installed artificial
lighting fixture that shall be maintained in good work order.
7.3.8
No toilet or urinal shall be located within a bedroom or kitchen.
7.4
Kitchen Facilities
7.4.1
Every dwelling unit shall be provided with a kitchen.
7.4.2
The kitchen provided for in Section 7.4.1 shall:
(a)
be equipped with a sink that:
i)
is provided with a potable cold and hot water supply; and
ii)
is maintained in a state of good repair;
iii) has a back splash which is water & grease resistant
(b)
be equipped with electricity and necessary utility outlets suitable for the
operation of a refrigerator and cooking surface;
(c)
when equipped with a refrigerator, cooking surface, or kitchen fixtures, such
appliances or fixtures shall be maintained in working order;
(d)
has a clear space above any exposed cooking surface of a cooking apparatus
of at least 610 mm (24 inches).
7.5
Electrical Services
7.5.1
Where electrical services are available, every suite and dwelling unit shall be:
(a)
connected to an electrical supply system; and
(b)
wired to receive electricity.
7.5.2
An adequate supply of electrical power shall be available in all occupied parts of
every dwelling, suite and building.
7.6
Ventilation
In every dwelling unit, all habitable rooms, washrooms and toilet rooms shall have adequate
ventilation, either natural or mechanical to maintain a healthy environment.
7.7
Garages
Garages shall be so maintained as to prevent gas fumes and carbon monoxide from entering
the area of the dwelling unit.
7.8
Egress
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7.8.1
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 or grade level.
7.8.2
Each dwelling and every building containing more than one dwelling unit shall have
at least two (2) exists. 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 through a room or means of egress that has unrestricted access to the
occupants of the dwelling unit.
7.9
Elevators
A building containing one or more dwelling units and more than three storeys in height and
which has an elevator or elevators for the use of tenants shall have at least one elevator
maintained and operable except for such reasonable time as may be required for repair or
replacement.
7.10
Pest Control
7.10.1
Every dwelling, multiple dwelling and dwelling unit shall be kept free of infestation
by pest(s).
7.10.2
Openings, including windows, that permit the entry of rodents, insects vermin or
other pests shall be appropriately screened or sealed.
7.11
Interior Structure and Floors
7.11.1
Every structural component in every building, shall be of sound material and
adequate for the load to which they are subjected.
7.11.2
Every floor shall be level and free of excessive holes and maintained to be safe,
such defective floors shall be repaired or replaced.
7.11.3
Where floors have been covered with sheet or vinyl floor coverings, or other
flooring that has become worn or torn so that may create an unsafe condition, the
sheet or other flooring shall be repaired or replaced.
7.11.4
Every wall and ceiling shall be maintained in a condition free from excessive holes,
open cracks, loose covering or other substantial defects. Walls surrounding
showers and bathtubs shall be impervious to water.
7.11.5
Where fire resistant walls, doors and/or floors exist between separate dwelling
units, they shall be maintained in a condition, which maintains their fire-resistant
quality.
7.12
Plumbing System
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7.12.1
The plumbing system in every building shall be maintained in good working order
and free from leaks and defects.
7.12.2
All water pipes and appurtenances thereto shall be protected from freezing.
7.12.3
All plumbing fixtures shall be connected to a sewage system shall be protected by
a P trap.
7.13
Heating System
7.13.1
Except for spaces exempted by the Ontario Building Code, a heating system shall
be installed in every building or dwelling that is capable of supplying during normal
hours of occupancy sufficient heat to maintain a temperature of not less than 22o
Celsius (72o Fahrenheit) at the outside design temperature specified in the Ontario
Building Code.
7.13.2
For the purposes of Section 17.18, heat shall be provided and maintained so that
the room temperature at 1.5 metres (5 feet) above floor level and 1 metre (39
inches) from exterior walls in all habitable rooms and in any area intended for use
by occupants including washrooms, and laundry rooms but excluding sun rooms,
locker rooms and garages, is capable of maintaining 20o Celsius (68o Fahrenheit).
7.13.3
A fuel fired heating appliance shall not be located in corridors, hallways or other
means of egress.
7.13.4
Except in the event of an emergency, no occupied building shall be equipped with
portable heating equipment as the primary source of heat.
7.13.5
All fuel burning appliances, equipment and accessories to such appliances and
equipment, in a dwelling shall be installed and maintained to the standards
provided by the applicable legislation.
7.14
Exemption
7.14.1
This by-law does not apply to lands on which construction is actively proceeding in
accordance with a permit issued pursuant to the Building Code Act.
7.14.2
This by-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation" under the most current version of the Farming and Food
Production Protection Act, from preforming day to day operations.
7.15
Reporting of Section 7
7.15.1
Any persons reporting inadequate property maintenance standards covered by
sections 7.1 through 7.14, must be:
(a)
A resident of the dwelling unit or property the concern applies to; or
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(b)
an agent acting directly on the behalf of a resident of the dwelling unit
7.15.2
Except in the case of immediate life safety concerns, before provisions of Section 7
of this by-law are enforced all issues shall be reported in writing to the property
owner or agent, and a reasonable amount of time be given to allow necessary
repairs.
Part 8 - Administration and Penalty
8.1
Property Standards Committee
Council shall pass a by-law to provide for the establishment of a property standards committee,
composed of such persons, not fewer than three, as the council considers advisable to hold
office for such term and on such conditions as the by-law may establish.
8.2
Duty of Property Standards Committee
The property standards committee shall hear appeals.
8.3
Powers of Property Standards Committee
On an appeal, the property standards committee has all the powers and functions of the officer
who made the order and the property standards committee may do any of the following things if,
in the property standards committee's opinion, doing so would maintain the general intent and
purpose of the by-law and of the official plan or policy statement:
1.
Confirm, modify or rescind the order to demolish or repair.
2.
Extend the time for complying with the order.
8.4
Filling of Vacancies
The council shall forthwith fill any vacancy that occurs in the membership of the property
standards committee.
8.5
Compensation
The members of the property standards committee shall be paid such compensation as the
council may provide.
8.6
Chair
The members shall elect a chair from among themselves; when the chair is absent through
illness or otherwise, the property standards committee may appoint another member as acting
chair.
8.7
Quorum
Where a property standards committee is composed of three members, two members constitute
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a quorum, and where a property standards committee is composed of more than three
members, three members constitute a quorum.
8.8
Secretary
The members shall provide for a secretary for the property standards committee.
8.9
Duty of Secretary
The secretary shall keep on file the records of all official business of the property standards
committee, including records of all applications and minutes of all decisions respecting those
applications.
8.10
Rules of Procedure and Oaths
The property standards committee may, subject to subsection 8.11, adopt its own rules of
procedure and any member may administer oaths.
8.11
Where Property Standards Committee Required to Give Notice
The property standards committee shall give notice or direct that notice be given of the hearing
of an appeal to such person as the property standards committee considers advisable.
8.12
Compliance
8.12.1
The owner of any property that 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 or
the property shall be cleared of all buildings, structures, debris or refuse and left in a
levelled and graded condition.
8.12.2
Where any person fails to comply with an order issued, the municipality may cause
the required work to be done at the cost of the person. The cost of such work may
be recovered by action, or by adding the cost to the tax roll and collecting it in the
same manner as property taxes.
8.13
Informal Notice
The form for use as an "INFORMAL NOTICE" shall be on Form PS-A-02 as laid out in Appendix
02 to this Schedule. A fifty dollar ($50.00) administrative fee shall accompany the issuance of an
"Informal Notice".
8.14
Orders
8.14.1
Where an "Informal Notice" has been provided, an "Order to Remedy Violation of
Property Standards" issued pursuant to Section 15.2-(2) of the Building Code Act
shall be on Form PS-A-03 as laid out in Appendix 03 to this Schedule. A one
hundred dollar ($100.00) administrative fee shall accompany the issuance of an
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"Order to Remedy Violation of Property Standards".
8.14.2
Where no "Informal Notice" has been provided an, "Order to Remedy Violation of
Property Standards" issued pursuant to Section 15.2-(2) of the Building Code Act
shall be on Form PS-A-04 as laid out in Appendix 04 to this Schedule. A one
hundred dollar ($100.00) administrative fee shall accompany the issuance of an
"Order to Remedy Violation of Property Standards".
8.15
Appeal of Order
8.15.1
Every person who initiates an appeal of an Order made under section 15.2-(2) of the
Ontario Building Code Act, S.O. 1992, c23, shall submit a "Notice of Appeal" in the
time frame and in the manner as prescribed in section 15.3-(1) of the Act. All
"Notice of Appeals" shall be accompanied by a non-refundable payment of fifty
dollars ($50.00).
8.15.2
A "Notice of Appeal to the Property Standards Committee" issued pursuant to
Section 15.3-(1) of the Building Code Act shall be on Form PS-A-05 as laid out in
Appendix 05 to this Schedule.
8.16
Certificate of Compliance
8.16.1
Where an Officer has inspected a property and is of the opinion that the property is
in compliance with the standards established in this By-law, he may issue a
Certificate of Compliance form PS-A-06 to the owner.
8.16.2
An Officer shall issue a Certificate of Compliance to the owner of a property who has
requested one, where the Officer has inspected the property and is of the opinion
that the property is in compliance with the standards established in this By-law, and
the owner has paid the fee set by Council pursuant to Section 15.5-(3) of the
Building Code Act.
8.16.3
The fee for issuance of a Certificate of Compliance with the standards established in
this By-law shall be One Hundred and Fifty Dollars ($150.00).
8.17
Fees for Service / Activity
Fees associated with this by-law shall be as set out in Appendix 01 to this Schedule.
8.18
Penalty
An owner who fails to comply with an order that is final and binding under this By-law is guilty of
an offence under section 36(1) of the Building Code Act, S.O. 1992, c.23, and is liable to a
penalty or penalties as set out in section 36 of that Act.
8.19
Validity
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It is declared that notwithstanding that any section or sections of this by-law, or parts thereof,
may be found by any court of law to be bad or illegal or beyond the power of the Council to
enact, such section or sections or parts thereof shall be deemed to be severable and that all
sections or parts of this by-law are separate and independent from the other and enacted as
such.
City of Temiskaming Shores
Appendix 01 to Schedule "A" to
Property Standards
By-law No. 2018-081
Appendix 01
Service / Activity Fees
Service or Activity
Fee
Appeal of Order
The fee for a notice of appeal shall be:
Fifty Dollars
($50.00)
Informal Notice
Upon receipt of an Informal Notice, the owner who has been
served with the Informal Notice, shall pay and administration fee
of:
Fifty Dollars
($50.00)
Order to Remedy Violations
Upon receipt of an Order, the owner who has been served with
the Order, shall pay and administration fee of:
One Hundred Dollars
($100.00)
Inspections where owner fails to comply with an Order
Owners, who fail to comply with a confirmed Order, shall pay an
inspection fee of:
for each additional inspection conducted to determine if
contraventions observed on an initial inspection have been
corrected:
Fifty Dollars per Inspection
($50.00/inspection)
Certificate of Compliance
The fee for issuance of a Certificate of Compliance with the
standards established in this By-law by an Officer shall be:
One Hundred and Fifty
Dollars
($150.00).
City of Temiskaming Shores
Appendix 02 to Schedule "A" to
Property Standards
By-law No. 2018-081
Informal Notice
Form PS-A-02
Community Growth and Planning
Roll No.: 54-18- ______-______-______.____
325 Farr Drive, Haileybury, ON
P.O. Box 2050, Haileybury, ON P0J 1K0
(705) 672-3363
Corporation of the City of Temiskaming Shores
Date: ___________________
Owner's Name and Address
Dear Sir/ Madam:
Re:
Description and Location of Property in Violation
Be advised that on (insert date of inspection) an inspection of your property, as noted above,
revealed certain violations of the Municipality's Property Standards By-law No. 2018-000.
Schedule "A", attached hereto, sets out the work required to remedy such violation and to
bring the property into compliance with the By-law. As per Section 7.3 of Schedule "A" a fifty
dollar ($50.00) administrative fee shall accompany the issuance of an Informal Notice.
Be advised that By-law No. 0000-000 gives the municipality the authority to issue an Order to
Remedy Violation pursuant to Section 15.2-(2), Ontario Building Code Act, S.O. 1992, c.23. As
per Section 7.4.1 of Schedule "A" a one hundred dollar ($100.00) administrative fee shall
accompany the issuance of an Order to Remedy Violation.
It is desired that you will comply with this Informal Notice so that the aforementioned procedural
step will not be necessary.
A follow-up inspection of this property will take place on or about (insert date) to ascertain
compliance.
Should you require further information pertaining to this matter please do not hesitate to contact
the undersigned during normal business hours.
____________________________
Property Standards Officer
City of Temiskaming Shores
Appendix 03 to Schedule "A" to
Property Standards
By-law No. 2018-081
Order to Remedy Violation
Form PS-A-03
Community Growth and Planning
Roll No.: 54-18- ______-______-______.____
325 Farr Drive, Haileybury, ON
P.O. Box 2050, Haileybury, ON P0J 1K0
(705) 672-3363
Corporation of the City of Temiskaming Shores
Order to Remedy Violation of Property Standards
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date:
Owner's Name and Address
Dear Sir/ Madam:
Re:
Description and Location of Property in Violation
Whereas on (insert date) you were served with an Informal Notice that required you to remedy
certain violations of property standards at your property, described above.
And whereas you have failed to remedy the noted violation(s) as set out in Schedule "A",
attached hereto and which forms part of this Order. As per Section 7.4.1 of Schedule "A" a
one hundred dollar ($100.00) administrative fee shall accompany the issuance of an Order to
Remedy Violation.
Therefore, it is hereby charged that the violation(s) as set out in Schedule "A" be remedied
and the property brought into a condition of compliance with the prescribed standards as set out
in the Property Standards By-law No. 2018-000 on or before (insert date).
Take Notice that if such violations are not remedied within the time specified in this Order, the
municipality may correct such violations at the expense of the owner.
Appeal to Property Standards Committee
If an owner or occupant upon whom an order has been served is not satisfied with the terms or conditions
of the order, the owner or occupant may appeal to the committee by sending a NOTICE OF APPEAL by
registered mail to the Secretary of the 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. All Notices of
Appeal shall be accompanied by a non-refundable payment of fifty dollars ($50.00).
Final date for Appeal: ________________
____________________________
Property Standards Officer
City of Temiskaming Shores
Appendix 04 to Schedule "A" to
Property Standards
By-law No. 2018-081
Order to Remedy Violation
Form PS-A-04
Community Growth and Planning
Roll No.: 54-18- ______-______-______.____
325 Farr Drive, Haileybury, ON
P.O. Box 2050, Haileybury, ON P0J 1K0
(705) 672-3363
Corporation of the City of Temiskaming Shores
Order to Remedy Violation of Property Standards
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date:
Owner's Name and Address
Dear Sir/ Madam:
Re:
Description and Location of Property in Violation
Be advised that on ( Date of Inspection ) an inspection of your property, as noted above, revealed
certain violations of the Municipality's Property Standards By-law No. .
The violation(s) are set out in Schedule "A", attached hereto, and forms part of this Order. As per
Section 7.4.2 of Schedule "A" a one hundred dollar ($100.00) administrative fee shall accompany
the issuance of an Order to Remedy Violation.
It is hereby charged that the violation(s) as set out in Schedule "A" be remedied and the
property brought into a condition of compliance with the prescribed standards as set out in the
Property Standards By-law No. on or before (Date)
Take Notice that if such violation(s) are not remedied within the time specified in this order, the
municipality may correct such violations at the expense of the owner.
Appeal to Property Standards Committee
If an owner or occupant upon whom an order has been served is not satisfied with the terms or
conditions of the order, the owner or occupant may appeal to the committee by sending a NOTICE
OF APPEAL by registered mail to the Secretary of the 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. All Notices of Appeal shall be accompanied by a non-refundable payment of
fifty dollars ($50.00).
Final date for Appeal: ________________
____________________________
Property Standards Officer
City of Temiskaming Shores
Appendix 05 to Schedule "A" to
Property Standards
By-law No. 2018-081
Notice of Appeal
Form PS-A-05
Community Growth and Planning
Roll No.: 54-18- ______-______-______.____
325 Farr Drive, Haileybury, ON
P.O. Box 2050, Haileybury, ON P0J 1K0
(705) 672-3363
Corporation of the City of Temiskaming Shores
Notice of Appeal to Property Standards Committee
Pursuant to Section 15.3-(1) of the Ontario Building Code Act
Date:
To the Secretary
Property Standards Committee
Corporation of the City of Temiskaming Shores
P.O. Box 2050
Haileybury, ON
P0J 1K0
RE: Order to Remedy Violation of Property Standards at:
Description and Location of Property in Violation:
Take Notice of the appeal of the undersigned to the Property Standards Committee because of
dissatisfaction with the above referenced order to remedy violation of property standards served
upon the undersigned.
Name (Owner or Agent):
__________________________________
Address:
_________________________________________________
Telephone Number:
____________________
Appeal to Property Standards Committee
An owner or occupant who has been served with an order made under The Building Code Act,
S.O. 1992, Chapter 23, Section 15.2(2) and who is not satisfied with the terms or conditions of
the order may appeal to the committee by sending a NOTICE OF APPEAL by registered mail to
the Secretary of the committee within fourteen days after service of the order, and, in the event
that no appeal is taken, the order shall be deemed to have been confirmed. All Notices of
Appeal shall be accompanied by a non-refundable payment of fifty dollars ($50.00).
_______________________________
Signature of Owner or Authorized Agent
City of Temiskaming Shores
Appendix 06 to Schedule "A" to
Property Standards
By-law No. 2018-081
Certificate of Compliance
(insert Civic Address)
Roll No. 54-18-_____-_____-_____._____
On ____________________ an inspection was conducted at the above noted property. At the time of
the inspection, the property was in compliance with the standards established in The City of
Temiskaming Shores Property Standards By-Law No. 2018-000.
Dated this ______ day of _______________, 20___.
_____________________________
Property Standard Officer - Name
Community Growth and Planning
Building Department
325 Farr Drive / P.O. Box 2050
Haileybury, Ontario
P0J 1K0
City of Temiskaming Shores
Appendix 07 to Schedule "A" to
Property Standards
By-law No. 2018-081
The Corporation of the City of Temiskaming Shores
Property Standards Committee
Rules of Procedure To Govern the Proceeding of the City of
Temiskaming Shores Property Standards Committee
Background
The City has had a Property Standards By-law since 2007. The By-law has continued to evolve and
requires every property owner to maintain their property and buildings in good condition.
To enforce the By-law, City Council has approved the hiring of staff to investigate complaints and to
require substandard properties to be brought into compliance.
In accordance with the Building Code Act a Property Standards Officer who finds a contravention of
the By-law can issue an order to the owner of the property and such other persons affected by it.
An owner or occupant who has been served with an order and who is not satisfied with the terms or
conditions of the order may appeal to the Property Standards Committee by sending a NOTICE OF
APPEAL by registered mail to the secretary of the Committee within 14 days after being served the
order.
An order that is not appealed within the time referred to above shall be deemed to be confirmed. This
document is intended to establish rules of procedure for the Property Standards Committee to carry
out its duties.
1.
Definitions
In these rules, unless the context requires otherwise:
1.1. Appellant means a person appealing an order thereof pursuant to the By-law;
1.2. By-law means the Property Standards By-law of the City, as amended;
1.3. Chair means the elected Chair of the Committee;
1.4. City means the City of Temiskaming Shores;
1.5. Committee means the City's Property Standards Committee;
1.6. Hearing means a hearing in any proceeding of the Committee;
1.7. Proceeding means an oral hearing at which the parties or their counsel or agents attend in
person before the Committee;
1.8. Quorum means where a property standards committee is composed of three members, two
members constitute a quorum, and where a property standards committee is composed of
more than three members, three members constitute a quorum; and
1.9. Secretary means the Secretary for the Committee.
City of Temiskaming Shores
Appendix 07 to Schedule "A" to
Property Standards
By-law No. 2018-081
2.
Interpretation
2.1
These rules shall receive such fair and liberal interpretation as will best ensure the most
expeditious, just and least expensive determination of every proceeding on its merits.
2.2
Where matters are not provided for in these rules, the practice shall be determined by the
Committee hearing the proceeding.
3.
Application
3.1
These rules apply to all proceedings of the Committee in the exercise of its statutory
power of decision, as in the Statutory Powers Procedure Act, R.S.O. 1990, c.S22, as
amended.
3.2
These rules do not apply if a statute or the By-law provides for a different procedure to
govern proceedings of the Committee in the exercise of its statutory powers of decision.
4.
Failure to Comply
4.1
Where a party to a proceeding has not complied in full with any rule, the Committee
may:
(a) adjourn the proceeding until it is satisfied that such rule or order has been complied
with; or
(b) take such other steps as it considers just and reasonable.
4.2
No proceeding is invalid by reason only of a defect or other irregularity in form.
5.
Appeal Period
5.1
Orders issued by a Property Standards Officer pursuant to subsection 15.2(2) and (3) of
the Building Code Act may be served on the owner personally or by registered mail.
Where service is by registered mail, the service shall be deemed to have been made of
the fifth day after the day of mailing unless it can be proven to be later.
5.2
The appellant of the order has 14 days after being served the order to send a notice of
appeal by registered mail to the Secretary.
6.
Request for Hearing
6.1
Where an appellant submits a notice of appeal and requests a hearing before the
Committee, the request for a hearing shall be by registered mail on the prescribed Form
PS-A-05, Appendix 05 of Schedule "A" of By-law 2012-084.
6.2
When a notice of appeal is received by the Secretary, he/she shall confirm that the notice
was sent within the allowed appeal period. Late notices are invalid and are disqualified.
6.3
The Secretary shall set the time and place of a hearing.
6.4
Once a date has been set for a hearing, it may not be adjourned except by notification of
the Secretary. The reason for adjournment must be reasonable and justified.
City of Temiskaming Shores
Appendix 07 to Schedule "A" to
Property Standards
By-law No. 2018-081
6.5
Notice of the hearing shall be sent by the Secretary in writing to all parties affected by the order
at least 14 days in advance of the hearing.
7.
Failure to Attend
Where a person is properly notified of a hearing and does not attend at the time and place appointed,
the Committee may proceed in that person's absence and without further notice to that person.
8.
Filing
8.1
Filing of any document, excluding the request for the appeal (see Procedure No. 6), may be
effected by personal delivery or registered mail, to the Secretary.
8.2
Where a document is filed, the date of the receipt stamp on the document shall be deemed to
be the date of the filing, unless the Committee orders otherwise.
8.3
Where the Committee or the City has no record of the receipt of a document alleged to have
been filed, the document shall be deemed not to have been filed, unless the Committee orders
otherwise.
9.
Selecting a Chair and Secretary
9.1
At the first meeting of the Committee's term, the members shall select a Chair from among
themselves. When the Chair is absent through illness or otherwise, the Committee may appoint
another member as Acting Chair.
9.2
The City shall provide a Secretary for the Committee.
9.3
The Secretary shall keep on file records of all official business of the Committee, including
records of all applications and minutes of all decisions respecting these applications.
10.
Exhibits
All parties to a hearing, particularly solicitors and agents, shall be required to bring to the hearing a
sufficient number of copies for Committee members and opposing counsel of clear photos and/or
other documents to be entered as evidence or exhibits.
11.
Conduct of Proceedings
11.1 Proceeding may be conducted in person only.
11.2 An in-person proceeding shall be conducted in the following order of presentation, unless the
Chair directs otherwise:
(a)
The Chair shall call the meeting to order after confirming a quorum of the Committee is
present;
(b)
The Chair shall explain to those in attendance at the hearing the format of the
proceedings and the specific purpose of the hearing. The Chair should advise those
present that the Committee will only be considering the compliance and non-compliance
of a property or building with respect to the standards of the By-law, and the time granted
for compliance. All evidence should therefore be restricted to these matters. The hearing
City of Temiskaming Shores
Appendix 07 to Schedule "A" to
Property Standards
By-law No. 2018-081
is not for determining the resolution of any landlord and tenant disputes;
(c)
The Chair shall solicit from those Committee members in attendance at the hearing
any conflicts of pecuniary interest or other interest in any matter on the agenda for
consideration;
(d)
The Property Standards Officer shall make an opening address and provide
evidence;
(e)
The appellant shall make an opening address and provide evidence;
(f)
Where there are two or more appellants, the order of presentation shall be as
directed by the Chair; and
(g)
The Committee may at any time during a proceeding, ask questions of any party
providing evidence.
12.
Committee Decisions
12.1 Upon receiving all of the evidence, the Committee shall make a decision, and make their
decision known to the affected parties.
12.2 The Committee may decide;
(a)
to uphold the order in whole or in part, with no additional time granted for
compliance;
(b)
to uphold the order in whole or in part with additional time granted for all or some of
the deficiencies to be complied with;
(c)
to remove any items from the order that have already been complied with, or have
been determined to be invalid;
(d)
to modify any item within the order in any manner seen fit by the Committee; or
(e)
to rescind the order, in whole or in part
12.3 The Chair upon rendering the Committee's decision should inform the appellant of their
rights to appeal a decision of the Committee to a Judge of the Superior Court of Justice
pursuant to the Building Code Act.
12.4 The Secretary shall prepare a written record of the hearing including minutes of the
hearing and the decision (with conditions, if applicable).
12.5 The Secretary should arrange for the required signature(s) on the decision, prior to
mailing it to the appellant and providing a copy to the Property Standards Officer. The
Chair shall sign the decision on behalf of all Committee members present at the hearing.
12.6 The Secretary shall send the decision to the appellant by registered mail.
13.
Right to Appeal a Committee Decision
The City or any owner or occupant or person affected by a decision under subsection 15.3(3.1) of the
Building Code Act, may appeal to the Superior Court of Justice by notifying the City Clerk of the City
City of Temiskaming Shores
Appendix 07 to Schedule "A" to
Property Standards
By-law No. 2018-081
of Temiskaming Shores in writing and by applying to the court, within 14 days after a copy of the
decision is sent.
14.
Order Confirmation
An order that is deemed to be confirmed pursuant to subsection 15.3(2), of the Building Code Act or
that is confirmed or modified by the Committee under subsection 15.3(3), of the Building Code Act or
a Judge under subsection 15.3(6), of the Building Code Act as the case may be, shall be final and
binding upon the owner and occupant who shall carry out the repair or demolition within the time and
manner specified in the order.