Municipal Standards for Property By-law, BL 95-2022
Thunder Bay, Ontario
· adopted 2022-09-12
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Memorandum
Corporate By-law Number BL 95/2022
TO:
Office of the City Clerk
FILE:
FROM:
Doug Vincent
Development & Emergency Services - Licensing & Enforcement
DATE:
08/16/2022
SUBJECT:
BL 95/2022 - Municipal Standards For Property By-Law
MEETING DATE:
City Council - 09/12/2022 (mm/dd/yyyy)
By-law Description: A By-law to prescribe standards for the maintenance and
occupancy of property and to prohibit occupancy, in the City of Thunder Bay and
to repeal By-law 66-2008.
Authorization: Report R 106/2022 (Development & Emergency Services -
Licensing & Enforcement) Commmittee of the Whole - July 25, 2022 and
Memoradum from Doug Vincent relative to Referral of Report R 106/2022
(Development & Emergency Services/Licensing & Enforcement) Committee of
the Whole August 22, 2022.
By-law Explanation: The purpose of this By-law is to provide for the minimum
standards of maintenance and occupancy and to ensure that property is repaired
and maintained to these standards.
Schedules and Attachments:
Amended/Repealed By-law Number(s):
BY-LAW NUMBER BL 95/2022
Recitals:
THE CORPORATION OF THE CITY OF
THUNDER BAY
BY-LAW NUMBER BL 95/2022
A By-law to prescribe standards for the
maintenance and occupancy of property and to
prohibit occupancy, in the City of Thunder Bay and
to repeal By-law 66-2008.
1.
On June 9, 2008 City Council approved By-law 66-2008, being a by-law to
establish standards for the maintenance and occupancy of property in the City of
Thunder Bay;
2.
Under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, 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;
3.
The Official Plan for the City of Thunder Bay includes provisions relating
to property conditions;
4.
The Council of The City of Thunder Bay is desirous of passing a By-law
under Section 15.1 (3) of the Building Code Act, S.O. 1992, c.23;
5.
Section 15.6 (1) of the Building Code Act, S.O. 1992, c.23 requires that a
By-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23
shall provide for the establishment of a Property Standards Committee;
6.
Section 10 (2) (6) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a municipality may pass by-laws respecting the health,
safety and well-being of persons;
7.
It is now deemed appropriate to repeal and replace By-law 66-2008.
ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE CITY
OF THUNDER BAY ENACTS AS FOLLOWS:
1. SHORT TITLE
This By-law may be cited as the " Municipal Standards For Property By-law."
BY-LAW NUMBER BL 95/2022
2. SCOPE OF THIS BY-LAW
This By-law shall apply to all land within the geographic boundaries of the
Corporation of the City of Thunder Bay, including residential, non-residential,
and vacant land, except those lands owned or controlled by the City that are
not otherwise then leased or under control of another person(s) or party.
3. DEFINITIONS
a) "Accessory Building" means a detached building or structure, not used
for human habitation, that is subordinate to the primary use of the same
property;
b) "Act" means an enactment or statute of the Province of Ontario;
c) "Approved" means acceptance by the Property Standards Officer;
d) "Basement" means that portion of a Building between two floor levels,
which is partly underground and which has at least one-half its height
from finished floor to the underside of the first floor joists above the
average finished grade level adjacent to the exterior walls of the building;
e) "Building"
means a type of structure having a roof supported by
columns or walls designed for use for the accommodation or storage of
persons, animals, goods, materials, or equipment;
f) "Building Code" means the Building Code Act, S.O. 1992, c.23, as
amended, and any regulations made thereunder;
g) "Chief Building Official" means the Chief Building Official appointed
under Section 3 of the Building Code Act, 1992, c. 23 and having
jurisdiction for the enforcement thereof;
h) "City"
means
the Corporation of the City of Thunder Bay; "the
Corporation" shall have the same meaning;
i) "Code" means a regulation of the Province of Ontario known:
i.
With respect to matters relating to building, as the Building Code;
ii.
with respect to matters relating to electricity, as the Electrical Safety
Code;
iii.
with respect to matters relating to fire, as the Fire Code; and
iv.
with respect to matters relating to plumbing, as the Building Code;
v.
with respect to matters relating to elevating devices, as the
Technical Standards and Safety Act, 2000.
BY-LAW NUMBER BL 95/2022
j) "Committee"
means a Property Standards Appeal Committee
established under this By-law;
k) "Council" means the Council of the Corporation of the City of Thunder
Bay;
l) "C.S.A. B-365 Standard" means the Canadian Standards Association's
approved Standard for solid wood burning fuel appliances and includes
any ammendments or replacement legislation to regulate solid fuel
burning appliances;
m) "Defect Notice" means a notice issued by an Officer that notifies the
owner of property of defects therein, that do not comply with the
provisions of this By-law and require an acknowledgement;
n) "Dwelling" means a building, structure, mobile home or recreational
vehicle with or without kitchen facilities or a part of such a building or
structure, which is, or is intended to be used for the purpose of human
habitation, and includes such a building, home or vehicle that would be
or would be intended to be used for such purposes, except for its state
of disrepair;
o) "Dwelling Unit"
means a room or suite of rooms operated as a
housekeeping unit, used or intended to be used as a domicile by one or
more persons and supporting general living conditions usually including
cooking, eating, sleeping and sanitary facilities. Dwelling unit is two or
more rooms used or designed to be used by one or more individuals as
an independent or self-contained domestic unit or housekeeping
establishment;
p) "Exterior property area" means the building lot excluding buildings;
q) "Fence" means any structure, wall or barrier, other than a building,
erected at grade for the purpose of defining boundaries of property,
separating open space, restricting ingress to or egress from property,
providing security or protection to property or acting as a visual or
acoustic screen;
r) "First Storey" means that part of a building having a floor area closest
to grade with a ceiling height of more than 1.8 metres (6 ft.) above grade;
s) "Ground cover"
means organic or non-organic material applied to
prevent soil erosion such as concrete, flagstone, gravel, asphalt, grass
or other landscaping;
BY-LAW NUMBER BL 95/2022
t) "Guard"
means a balustrade or protective barrier installed around
openings in floor areas or on the open sides of a stairway, a landing, a
balcony, a mezzanine, a gallery, a raised walkway, and other locations
as required to prevent accidental falls from one level to another. Such
barriers may or may not have openings through them;
u) "Habitable Room" means any room in a Dwelling unit lawfully used or
designed to be used for the purposes of living, sleeping, eating, cooking
or preparation of food and, without limiting the foregoing, shall include
a den, library, sunroom, recreational room, or any combination thereof;
v) "Hazard" means Lands, Buildings, structures, or materials that are in an
Unsafe Condition, or is a source or a situation, with the potential for harm
in terms of human injury or ill-health, damage to property, damage to the
environment, risk of fire, or a combination of these and includes unsafe
containers which have a closing or locking mechanism such that
something or someone inside could be trapped and unable to be
released without external assistance.
w)"Inoperative Vehicle" means any Vehicle, motor vehicle, vessel, trailer
or camping trailer which, that appears by reason of its appearance,
mechanical, functional or structural condition not to be operative and
includes those vehicles that require a valid license plate be displayed to
operate on a highway and have in existence proof of a valid and current
registration, pursuant to the provisions of the Highway Traffic Act and
amendments thereto, regardless of whether it is required at the time of
inspection, and includes all vehicles or vessels that are wrecked,
discarded, dismantled or abandoned, or a vehicle or vessel which has
had part or all of its superstructure or motor power removed;
x) "Land"
means property, whether or not it contains Buildings or
Structures, and whether it is vacant or occupied. Reference to "Land"
includes all Buildings and Structures, including fences, on the Land.
y) "Non-habitable space"
means a bathroom, toilet room, water closet
compartment, laundry, pantry, foyer, lobby, hall, corridor, stairway,
passageway, closet, storeage room, boiler room, furnace room,
accessory space for service, maintenance or access within a Building, or
a room or space which does not comply with the minimum standards for
residential occupancy;
z) "MLEO" means any person appointed as a Municipal Law Enforcement
Officer for the City, or a police officer.
aa)"Non-Residential Property" means a building or structure or part of a
building or structure not occupied in whole or in part for the purpose of
human habitation, and includes the lands and premises appurtenant,
BY-LAW NUMBER BL 95/2022
and all of the outbuildings, fences, or erections thereon or therein;
bb)"Natural Garden Area" means a yard, or any portion thereof, containing
vegetative growth deliberately implemented to produce ground cover,
including one or more species of wildflowers, shrubs, perennials, grasses
or combinations of them, whether native or non-native consistent with a
managed and natural landscape, other than Turfgrass;
cc) "Nuisance" means any condition or use of Land which unreasonably
interferes with the use and enjoyment of another person's Land.
Examples include, but are not limited to:
i.
emissions of smoke, gas, fumes, dust, or sawdust;
ii.
objectionable odours; or
iii.
the
unsightly
storage
of
goods,
wares,
merchandise, debris or other material.
dd)"Officer (Property Standards)" means a Municipal Law Enforcement
Officer who has been appointed by the City as a Property Standards
Officer and been assigned the responsibility of administering and
enforcing a by-law passed under section 15.1 of the Building Code;
ee)"Order" means an order, issued by a Officer (Property Standards),
pursuant to section 15.2 of the Building Code Act, to remedy defects in
standards for maintenance and occupancy; an Order-To-Comply has the
same meaning.
ff) "Owner"shall include the registered property owner or agent thereof: a
person having or appearing to have beneficial ownership or care and
control of the property, and an owner as defined by the Building Code
Act, 1992;
gg)"Potable Water" means water meeting all the provincial standards for
drinking.
hh)"Person"
means and includes any person, firm, partnership,
corporation, company, association, or organization of any kind;
ii) "Safe Condition" means a condition that does not pose or constitute
an undue or unreasonable hazard or risk to life, limb, or health of any
person on or about the property, and includes a structurally sound
condition;
jj) "Sewage system" means the City of Thunder Bay's system of storm
sewers, sanitary sewers and combined sewers, or a private sewage
disposal system approved by the Chief Building Official for the City;
BY-LAW NUMBER BL 95/2022
kk) "Sign" means any device or notice, including its structure and other
component parts, which is used or capable of being used to identify,
describe, illustrate, advertise, or direct attention to any person, business,
service, commodity or use;
ll) "Swimming Pool" means an outdoor pool of water for swimming,
bathing, wading, or reflecting, which is capable of retaining a water depth
equal to or greater than sixty centimeters (60 cm) or twenty-four inches
(24 in) at any point. The term does not include facilities for the purposes
of providing water to livestock or for irrigation of crops which are
associated with, and located on, Land devoted to the practice of farming.
mm)"Unsafe Condition" is a descriptive phrase for Land, Buildings,
Structures, or material, that are in a condition or state of repair that
causes a hazard to life, limb, or health of any person authorized or
expected to be on or near the Land in question.
nn)"Unsightly Condition" means, in relation to land, having an
appearance that, because of the way in which the land is used, does not
conform with the general appearance of other land in the locality or
neighbourhood and could be described as inconsistent with the
reasonable characteristics of the surrounding community
oo)"Vacant Building" means a building that is partially or entirely vacant
and includes a building that is partially or entirely vacant and occupied
by unauthorized persons;
pp)"Vehicle" means a motor vehicle, vessel, trailer, boat, motorized snow
vehicle, off-road vehicle or other mechanical power driven equipment;
qq)"Vermin" means mammals, birds, or insects injurious to humans,
physical property, game, livestock, or crops. Examples include but are
not limited to: skunks, rats, termites, poisonous insects or reptiles, moths,
and mice;
rr)"Visual barrier" shall mean a continuous, uninterrupted structure and/or
fence which completely blocks lines of sight when viewed perpendicularly
from either of its sides and shall consist of one or more of the following
materials: wood, stone, bricks, mortar, fabricated metal, or other
similarly solid material approved by the Chief Property Standards Officer
or Chief Building Official;
ss) "Waste" means any debris, rubbish, refuse, sewage, effluent, discard,
or garbage of a type arising from a residence, belonging to or
associated with a house or use of a house or residential property and/or
BY-LAW NUMBER BL 95/2022
from industrial or commercial operations, or belonging to or associated
with industry or commerce or industrial or commercial property, which
for greater certainty includes all garbage, discarded material or things,
broken or dismantled things, and materials or things exposed to the
elements, deteriorating or decaying on a property due to exposure or the
weather;
tt) "Yard" means the land other than publicly owned land around or
appurtenant to the whole or any part of a residential or non-residential
property and used or capable of being used in connection with the
property.
4. GENERAL
a) No person, being the owner or occupant of a property, shall fail to
repair and maintain the property in conformity with the standards set out
in this By-law.
b) No person, being the owner or occupant of a property, shall fail to
repair and maintain the property in conformity with any safety standards
required by a Code, when such provision(s) provide for the protection of
persons in relation to the use of the property, regardless whether that
standard is specifically set out in this By-law or not.
c) The owner of any property which does not conform to the standards in
this By-law shall repair and maintain the property to conform to the
standards or shall clear the property of all buildings, structures, garbage,
rubbish, waste, or accumulations of such materials that prevent access
to or exit from the property in the case of emergency, or other safety
or health hazard, and shall leave the property in a graded and leveled
condition.
d) The owner of any property that has not complied with a confirmed order
that seeks to remedy any Unsafe Condition shall not occupy or permit the
occupancy of the property until such time as the order has been complied
with or the property is cleared of all structures and left in a graded and
level condition.
e) All repairs and maintenance of property required by this By-law shall be
carried out in a manner and with materials that are accepted as good
workmanship in the trades concerned.
f) For the purposes of subsection e) and without limiting subsection e),
"carried out in a manner and with materials that are accepted as good
workmanship in the trades concerned" includes:
BY-LAW NUMBER BL 95/2022
i.
carried out with materials suitable and sufficient for that purpose
and free from defects; and
ii.
carried out in a manner consistent with the recognized national and
international industry best practices, including those of the
Canadian Construction Association; and
iii.
where required by law, or in accordance with recognized industry
best practices, carried out by a duly qualified and/or licenced person
in the trade concerned.
g) All new construction or extensive repairs shall conform to the Ontario
Building Code where applicable.
h) This By-law does 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.
i) Nothing in this By-law, including the doing of any required works to comply
with this By-law or an Order or Defect Notice hereunder,
shall be
construed or interpreteted as relieving any person of other legislative
requirements that must be complied with.
j) All lands and structures thereon, including fences, that are subject to
deterioration due to the exposure of surfaces to the elements, including
weather, sun, and other environmental factors, that may cause
degradation, shall, where appropriate and required, be maintained through
the proper application of preservative coating such as paints, stains, or
through other specific treatments designed to protect and maintain those
surface areas requiring treatment.
k) All lands and structures thereon, including fences, shall be kept clear and
free from graffiti, unauthorized signs, objectionable defacements, or
similiar markings.
5. UNSAFE CONDITIONS
Without limiting any other provisions of this By-law, any condition on or within
a property which may pose or constitute an undue or unreasonable danger,
Unsafe Condition, hazard, or risk to the health or safety of any person, place,
or thing shall be abated or immediately removed by the owner or occupant
thereof.
BY-LAW NUMBER BL 95/2022
EXTERIOR LANDS
6. EXTERIOR PROPERTY
a) All exterior areas of a property shall be kept clean and free of litter,
rubbish, waste, salvage, refuse, d e a d , decaying, or damaged trees,
branches and limbs, or any other objects or conditions that might
create a health, fire, accident hazard, or Unsafe Condition.
b) Every property shall be kept free from garbage, rubbish, waste, or
accumulations of any materials that prevent access to or exit from the
property
c) Without restricting the generality of this Section, the maintenance of
Land includes the removal of:
i.
Rubbish, garbage, waste, litter and debris;
ii.
Injurious insects, termites, rodents, vermin and other pests; and
any condition which may promote an infestation;
iii.
Wrecked, dismantled,
inoperative vehicles,
discarded
or
unlicensed vehicles, vessels, off-road vehicles, trailers, machinery
or parts thereof, except in an establishment licensed or authorized
to conduct a salvage, wrecking or repair business and then only
if such establishment conforms with any relevant By-laws or
statutes; and
iv.
Dlapidated or collapsed buildings, structures or erections, and the
filling in or protecting of any unprotected well.
7. GARBAGE RECEPTACLES
Every building shall be provided with sufficient proper receptacles to contain
all garbage, ashes, or waste, which accumulates on the property and such
materials shall be placed for collection in proper receptacles in compliance with
applicable laws and not allowed to accumulate for longer than fourteen (14)
days.
a) Receptacles for garbage shall be:
i.
made of watertight construction;
ii.
provided with a tight fitting cover which may be removed only
when the receptacle is empty or is being actively loaded;
iii.
maintained in good condition without holes or spillage; and
iv.
closed, or emptied, rinsed, and cleaned when not in use to prevent
the escape of offensive odour or waste.
BY-LAW NUMBER BL 95/2022
b) Plastic bags shall be considered acceptable receptacles provided they
are:
i.
adequately secured so as to prevent spillage;
ii.
not stored outdoors unless protected from access by animals or
vermin and screened from public view;
iii.
maintained in good condition without holes; and
iv.
does not create a Nuisance, Hazard or Unsafe Condition.
c) Paper receptacles are not acceptable except where they are placed inside
other compliant receptacles or are placed out for collection in compliance
with applicable collection By-laws.
d) Where commercial, industrial, or residential on site garbage containers
are visible from a public street, land, or residential properties, the area
where the receptacles are stored shall be screened from public view.
8. LANDSCAPING AND TREES
a) Grass, trees, bushes, hedges, and other landscaping shall be maintained
to prevent a Nusiance, Hazard or Unsafe Condition.
b) Non-organic ground cover and site facilities shall be maintained in a safe
condition free from Hazard
9. UNENCLOSED PORCHES AND CARPORTS
Every unenclosed porch, balcony, or carport, and every exterior and common
area shall be kept free of garbage or waste material.
10. LOT GRADING AND DRAINAGE
a) All Yards shall be provided and maintained with adequate surface water
drainage, including suitable provisions for its disposal without causing
erosion, so as to prevent ponding or the entrance of water into a
basement or crawlspace.
b) All roof, driveways, sump pump, or other surface drainage, and the
drainage of water from swimming pools, shall not be discharged directly
or indirectly on to an entranceway, walkway, sidewalk, stair, steps,
adjacent property, sidewalk, highway, public lands, or in such a manner
that it will create a safety hazard, penetrate, or damage a building,
structure, or property.
c) Every roof drainage system and sump pump shall be discharged onto
the ground at least 1 metre (39 inches) from the building or structure,
BY-LAW NUMBER BL 95/2022
providing that it does not adversely affect adjacent properties, or cause
erosion. Lot drainage shall be contained within the limits of the premises
from which it originated until absorbed by the soil or drained to an approved
swale or ditch.
d) No person shall connect any roof drainage system, or part thereof, or any
sump-pit discharges directly or indirectly into the City's sanitary sewer
system, or permit a discharge into a sanitary sewer system.
e) No fill shall be allowed to remain in an unleveled state on any property
for longer than fourteen (14) days unless the property is a construction site
for which a building permit is in effect.
f) No fill shall be left in an uncovered state (not covered by sod, seed or
agricultural crop) on any property for longer than thirty (30) days unless
the property is:
i.
a construction site for which a building permit is in effect and at
which construction is being actively undertaken;
ii.
a property being subdivided under subdivision agreement with
the City; or
iii.
the uncovered area of the property is being actively farmed.
11. WALKWAYS AND DRIVEWAYS
Surface conditions of walkways and driveways shall be installed and
maintained in a Safe Condition with non-organic ground cover so as to:
a) prevent ponding of storm water;
b) not exhibit an Unsightly Condition;
c) be kept free of garbage and waste;
d) be kept free of deep ruts and holes;
e) provide for safe passage under normal use and weather conditions, day
or night; and
f) not to create a Nuisance to other properties including adoining public lands
and highways.
BY-LAW NUMBER BL 95/2022
12. PARKING LOTS
a) Parking lots, driveways, and other similar public access areas of a
Yard shall be maintained so as to afford safe passage under normal use
and weather conditions and be free from health and other hazards.
b) Parking lots, driveways, and other similar public access areas of a Yard
shall be kept clean and free of litter, rubbish, waste, salvage, refuse,
decaying or damaged trees, branches and limbs, objects, or conditions
that create a Hazard, or Unsightly Condition.
c) Notwithstanding the requirements set out in subsection 12(b), any portion
of a public access area of a Yard may contain tree logs or limbs in a Natural
Garden Area, to the extent it does not create a Hazard.
13. EXTERIOR LIGHTING
a) Every stairway, exterior exit and entrance doorway, cellar, basement
entrance, or building entrance, shall have a permanently installed
lighting fixture that shall be maintained in good working order.
b) Facilities for lighting shall be maintained in a good state of repair.
c) Outdoor lighting and indoor lighting that can be seen outdoors shall be
placed and maintained, or have barriers or shades placed and
maintained, so as to prevent or block direct illumination of the interior of
a dwelling on adjacent property regardless of whether such dwelling has
or may have shades, drapes, or other interior window coverings.
d) Outdoor lighting and indoor lighting that can be seen outdoors shall be
placed and maintained, or have barriers or shades placed and
maintained, so as to prevent the actual source of light (fixture) from being
viewed directly from an adjacent property's auxillary use areas including
pools, hot tubs, decks, and patios, but does not include indirect illumination
of areas by the light source including spillage or reflected light.
14. RETAINING WALLS
All retaining walls, screen walls, and ornamental walls shall be constructed of
durable material and shall be maintained in a structurally sound condition and
free from Hazard.
BY-LAW NUMBER BL 95/2022
15. WELLS AND CISTERNS
A well, cistern, cesspool, privy vault, pit, or excavation shall be permanently
sealed, or secured by a fence, cover, or netting that is likely to prevent a
hazard or unwanted entry, unless it is in active use, in which event it shall
be secured by fencing with warning signs until the use has ceased,
whereupon they shall be sealed or secured as required above.
16. ACCESSORY BUILDINGS
The foundations, walls, roofs, and all parts of accessory buildings and
other structures appurtenant to the main building shall be:
a) constructed with suitable materials;
b) maintained in good repair;
c) protected from deterioration by the application of paint or other
suitable protective material; and
d) free from graffiti, unauthorized signs, or similar defacements and
markings.
17. FENCES
A fence erected on a property or separating adjoining properties shall be
maintained:
a) in good repair free from loose or insufficiently secured, rotten,
warped or broken materials;
b) in a safe and structurally sound condition so as to be capable of
sustaining safely its own weight together with any load to which it might
reasonably be subject to;
c) shall be free of dangerous objects;
d) reasonably plumb unless specifically designed to be other than vertical;
e) each length of fence along any adjoining property boundary shall be
repaired and maintained so as to be reasonably homogeneous in colour,
finish, materials, construction industry standards, pattern, or design unless
originally designed to be otherwise; and
f) shall conform to any other requirements of applicable law.
BY-LAW NUMBER BL 95/2022
18. TOWERS, MASTS AND ANTENNAES
Towers, gantries, masts, antennae, and structures of similar character and
any attachment thereto shall be maintained:
a) reasonably plumb unless specifically designed to be other than vertical;
b) in good repair; and
c) in a safe and structurally sound condition.
19. SIGNS
A sign and any structure connected therewith shall be installed and
maintained:
a) in good repair without any visible deterioration when viewed from any
property other than the property on which the sign is situated;
b) in a safe and structurally sound condition;
c) in a reasonably vertical plane unless otherwise approved by the
City; and
d) shall conform to any other requirements of any applicable law
An unused or discarded sign shall be removed from the property or shall
be stored within a building.
EXTERIOR OF BUILDINGS - STRUCTURES
20. STRUCTURAL CAPACITY OF BUILDINGS
a) All repairs and maintenance of property required by the standards
prescribed in this By-law shall be carried out in a manner accepted as
good workmanship in the trades concerned and with materials suitable and
sufficient for the purpose.
b) Every part of a property shall be maintained in good repair and in a
structurally sound condition so as:
i.
To be capable of sustaining safely its own weight and any
additional load to which it may normally be subjected;
ii.
To be capable of safely accommodating all normal structural
movements without damage, decay, or deterioration;
iii.
To prevent the entry of moisture that could contribute to
BY-LAW NUMBER BL 95/2022
damage, fungus growth, decay, or deterioration; and
iv.
To be capable of safely and adequately performing its function
subject to all reasonable serviceability requirements.
21. FOUNDATIONS WALLS AND BASEMENTS
a) All foundation walls and the basement, cellar, or crawl space floors shall
be maintained in good repair and structurally sound.
b) Every basement, cellar, and crawl space in a property shall be
maintained in a reasonably watertight condition so as to prevent the
leakage of water into the building.
22. EXTERIOR WALLS, SURFACES, CLADDING AND MASONRY
All exterior walls and surfaces of every building or structure shall be sound,
plumb, weathertight, free from holes, loose or unsecured objects, maintained
in good repair and:
a) free from missing, cracked, or broken masonry units, missing, defective,
or deteriorated wood, metal siding, or trim, missing, cracked, broken, or
loose stucco, or other loose or unsecured objects;
b) shall be so maintained by the painting, restoring, or repairing of the walls,
coping, or flashing, by the waterproofing of joints and the walls
themselves, by the installation of, or repairing of, weathertight finishing,
or the installation of termite shields, if required;
c) all exterior surfaces that have previously been covered with paint or
other protective or decorative materials shall be maintained in good repair
and the covering renewed when it becomes damaged or deteriorated; and
d) Every part of a building, including the exterior, shall be maintained in a
structurally sound condition so as to be capable of sustaining safely its
own weight and any additional weight that may be put on it through normal
use.
23. DOORS - WINDOWS - CELLARS - HATCHWAYS
a) Windows, skylights, exterior doors and frames, basement or cellar
hatchways, attic access doors including storm and screen doors, and
storm windows shall be maintained in good working order, good repair,
in a Safe Condition and shall be of such construction so as to prevent
the entrance of wind, snow, or rain into the building and to minimize
heat loss through infiltration.
b) At least one entrance door in every Dwelling Unit shall have hardware
BY-LAW NUMBER BL 95/2022
so as to be capable of being locked from inside and outside the Dwelling
Unit.
c) All windows capable of being opened and all exterior doors shall have
hardware so as to be capable of being locked or otherwise secured from
inside the building.
d) All windows capable of being opened shall be equipped with a screen to
prevent the passage of insects and the screen shall be maintained in a
good condition.
24. WINDOW SCREENS
When an exterior opening is used or required for ventilation or illumination
and is not required to be protected by a door, window, or similar closure, it
shall be protected with:
a) mesh screening, metal grills, or other equivalent durable rust proof
material; or
b) other protection so as to effectively prevent the entry of rodents, large
insects, or vermin.
25. CANOPIES AND AWNINGS
All canopies, marquees, and awnings shall be properly anchored so as to
be kept in Safe Condition and shall be protected from decay or rust by a
periodic repair, replacement of materials, or the application of weather-
coating material.
26. ROOF STRUCTURES
a) Every roof, and all of its components and accessory structures, shall be
maintained in good repair and in a Safe Condition.
b) Without restricting the generality of this Section, such maintenance
includes:
i.
removal of loose, unsecured, or rusted objects or materials;
ii.
removal of dangerous accumulations of snow or ice;
iii.
maintaining roof and chimneys in water-tight condition so as to
prevent leakage of water into the building; and
iv.
maintaining all roof-related structures plumb unless specifically
designed to be other than vertical.
BY-LAW NUMBER BL 95/2022
27. EAVESTROUGH - METAL DUCTS - FLASHING
a) Eaves trough, roof gutter, rainwater pipe, downspouts, flashing, and all
exterior ducts shall be properly secured and free from loose or
unsecured objects, free from obstructions and health hazards, weather-
tight, free of holes, and maintained in good repair.
b) Metal eaves troughs, rainwater pipes, flashing, and all exterior metal
ducts shall be kept free from rust by application of a suitable protective
material such as paint, and shall be renewed when necessary.
c) Every roof drainage shall be discharged onto the ground at least 1 metre
(39 inches) from the building or structure when it is physically possible to
do so, providing that it does not discharge directly onto or adversely affect
adjacent properties or cause erosion.
28. CHIMNEY FLUES
a) Chimneys, vent pipes, smoke stacks, flues, ducts, and other similar
equipment shall be constructed and installed to the Building Code and
C.S.A. B-365 Standard and shall be maintained free from obstruction and
shall prevent:
i.
the entrance of smoke or gases into a building;
ii.
the heating of adjacent combustible materials, walls, and structural
members to unsafe temperatures; and
iii.
fire, health, or other hazards.
b) Any fuel burning heating equipment used in a building shall be properly
vented to the exterior by means of an approved smoke pipe, vent pipe, or
chimney.
29. GARAGES - CARPORTS
a) The construction between an attached or built-in garage or carport and
a Dwelling Unit shall provide an effective barrier to gas and exhaust
fumes.
b) A door between an attached or built-in garage and a Dwelling Unit shall be
tight-fitting and weather-stripped to provide an effective barrier against
the passage of gases and exhaust fumes and shall be fitted with a self-
closing device.
c) Garages and carports, including floors, shall be maintained in good repair
and free from Hazards.
BY-LAW NUMBER BL 95/2022
33. WALLS - CEILINGS
30. FIRE OR STORM DAMAGE
a) In the event of fire or explosion, damaged, or partially burned, material
shall be removed from the premises, except that such material may be
temporarily stored within the barricaded damaged building or structure,
provided that such storage does not exceed ninety (90) days.
b) Buildings, or portions thereof, that have been damaged by fire, flood,
storms, or other circumstance, shall be repaired to their original condition
in conformity with the Code and the standards set out in this By-law, or
shall be demolished accordingly.
31. DEMOLITION OF STRUCTURES
a) Where a building, accessory building, fence, or other structure is
demolished, the property shall be cleared of all rubbish, waste, refuse,
masonry, lumber, wood, and other materials and left in a graded and
leveled condition.
b) Where a building, accessory building, fence, or other structure is being
demolished, every precaution shall be taken to protect the adjoining
property and members of the public. The precautions to be taken include
the erection of fences, barricades, covered walkways for pedestrians and
any other means of protection necessary for the protection of the adjoining
property and members of the public.
c) Demolition activities shall be controlled with appropriate measures to
protect the surrounding neighbourhood lands, including City lands and
highways, from nuisance or hazardous dust, vibrations, and litter.
INTERIOR OF BUILDINGS AND STRUCTURES
32. INTERIOR STRUCTURAL COMPONENTS
In every building or structure, all structural components, including but not
limited to all joists, beams, studding, trusses, and roof rafters, shall be
comprised of sound material, in good repair, and adequate to sustain the
loads to which they are intended and subjected to.
a) Every interior surfaces and finishes of walls and ceilings shall be
maintained:
i.
in good repair, with a surface which is reasonably smooth, clean,
BY-LAW NUMBER BL 95/2022
tight, and easily cleaned;
ii.
free of holes, cracks, loose plaster, or other material;
iii.
in a safe condition; and
iv.
so as to possess the fire resistant properties required by the
Codes.
b) In any bathroom, the walls to a height of forty-two (42) inches above
a bathtub equipped with a shower or six (6) feet above the floor of a
shower stall, shall be maintained as to be water resistant and readily
cleaned.
34. FLOORS
a) Every floor shall be smooth, level, and maintained so as to be free of all
loose, warped, protruding, broken, or rotted boards that may create an
unsafe condition or surface. Such defective floors shall be repaired or
replaced.
b) Where a floor covering has become worn or torn so that it retains dirt or
may create an Unsafe Condition, the floor covering shall be repaired or
replaced.
c) Every bathroom, kitchen, laundry, and shower room shall have a floor
covering of water-resistant material and be capable of being cleaned.
d) Every cellar and basement shall have a floor of concrete or other
material acceptable under the provisions of the applicable Code to ensure
water drainage and to guard against the entry of vermin.
35. STAIRS - HANDRAILS - GUARDS
a) Every inside or outside stair and every porch or landing appurtenant
to it shall be maintained so as to be free of holes, cracks, and other
defects which constitute Hazards.
b) All handrails and balustrades, stairways, fire escapes, balconies,
landings, porches, and similar appurtenances shall be maintained in
good repair so as to be free of holes and other defects which constitute
Hazards. These shall be properly anchored so as to be kept in a Safe
Condition and shall be structurally sound for the loads imposed through
their normal use and, if metal, shall be protected from rust or similar decay
by a periodic application of paint.
c) Handrails shall be installed in accordance with the Code and shall be
maintained in good repair on all exterior stairs that have more than 3
risers and on all interior stairs within Dwelling Units that have more than 2
BY-LAW NUMBER BL 95/2022
37. HEATING SYSTEMS
risers.
36. MEANS OF EGRESS
a) Every Building, structure, or Dwelling Unit shall have a safe, continuous.
and unobstructed passage from the interior to an exit or the outside of
the building at street or grade level.
b) Exterior stairs and fire escapes shall be maintained in a safe state of repair
and kept free of ice and snow.
c) The passage required as egress from one Dwelling Unit shall not pass
through any other Dwelling Unit.
d) In every multi-residential dwelling where a security locking-and-release
system has been provided in the front or rear lobby for the entrance
into the multi-residential dwelling, and that system is controlled from each
Dwelling Unit, such system shall be maintained in good repair and in an
operating condition.
e) Where a non-residential building contains Dwelling Units located at
other than grade level, there shall be a secondary means of continuous
and unobstructed egress from such Dwelling Units.
f) All means of egress within a non-residential property shall be maintained
free from all obstructions or impediments and shall be;
i.
provided with clear, unobstructed, and readily visible exit
signs for every required exit; and
ii.
provided with lighting facilities capable of illuminating the means
of egress to ensure the safe passage of persons exiting the
building at all times.
a) It is the responsibility of the owner that all heating and mechanical
systems, and their components, be installed, operational, and maintained
in good working order.
b) Only heating equipment approved for use by a recognized standards
and testing Code authority shall be provided in a room used or intended
for use for sleeping purposes.
c) The installation, maintenance and use of a solid fuel burning appliances
shall conform to the standards set out in the applicable Code(s) and the
C.S.A. B-365 Standard and all fireplaces, stoves and similar construction
BY-LAW NUMBER BL 95/2022
used, or capable of being used, for burning fuels shall be connected to
approved chimneys, smoke pipe or flues and shall be installed so as not
to create a fire hazard, including to nearby or adjacent combustible
materials and structural members.
d) If heating equipment burns solid or liquid fuel, a storage place or
receptacle for the fuel shall be provided in a safe place and maintained in
a Safe Condition.
e) Fuel-burning equipment shall be vented to an appropriate chimney,
smoke pipe or flue, as required, by means of rigid connections leading
to a chimney or a vent or flue. All chimney, smoke pipes or flues shall be
kept clear of obstructions.
f) Every chimney, smoke pipe, and flue shall be maintained so as to prevent
gas from leaking into the Building.
38. AIR CONDITIONING
a) Air conditioners, where provided, shall be equipped with adequate
devices for the prevention of condensation drainage on to entrance
areas, sidewalks, or pathways and shall be maintained in a safe
mechanical, electrical, and functioning condition.
b) Cooling water from water-cooled equipment shall not be discharged on
driveways, walkways, or other areas used for pedestrian or vehicular
traffic, or in such manner that it may cause damage to the walls,
foundations, or other parts of a Building.
c) The discharge of cooling water from all water-cooled equipment shall be
made to a proper drainage system and shall be connected in
accordance with all applicable laws.
d) Central air conditioning units, where provided, shall be maintained in good
working order.
39. ELECTRICAL
a) Every Dwelling and Dwelling Unit shall be wired for electricity and shall
be connected to an approved electrical supply system. An adequate
supply of electrical power shall be available in all occupied parts of every
Dwelling, suite, and Building.
b) The connection to the Building and the system of circuits and outlets
distributing the electrical supply within the Building shall provide adequate
capacity for the use of the Building and such connections, circuits, wiring,
and
outlets
along
with
any fuses, circuit breakers, and other
BY-LAW NUMBER BL 95/2022
appurtenances thereto shall be installed and maintained in good working
order and Safe Condition.
c) Extension cords shall not be used on a permanent basis.
40. VENTILATION
a) Ventilation shall be provided to and maintained and operated in all
rooms and spaces within a Building so as to prevent accumulations of
heat, dust, fumes, gases including carbon monoxide, vapours, and other
contaminants which may create a hazard.
b) Every ventilation system shall be cleaned regularly and maintained in good
working condition and good repair.
c) When an exterior opening is used or required for ventilation and is not
required to be protected by a door, window, or similar closure, it shall be
protected with screens in accordance with this By-law.
d) An opening for natural ventilation may be omitted from a bathroom or
toilet room where a system of mechanical ventilation has been provided.
e) Every basement, cellar, unheated crawl space, and attic shall be vented
and such vents shall be designed and maintained to prevent entry of
snow, rain, rodents, and insects.
41. NATURAL LIGHTING
a) Every owner of a Building containing at least one Dwelling Unit must provide
every Habitable Room (with the exception of kitchens and bathrooms) with
a window, skylight, or translucent panel facing directly or indirectly to an
outside space and admitting natural light to the standards set out in this
Section.
b) For living and dining rooms, the amount of natural light must be equal to, or
greater than ten (10%) percent of the floor area.
c) For bedrooms and other Habitable Rooms, the amount of natural light must
be equal to or greater than five (5%) percent of the floor area.
d) The glass area of a door may be considered as a portion of the required
window area.
42. LIGHTING
a) Every stairway, exterior exit and entrance doorway, bathroom, toilet
BY-LAW NUMBER BL 95/2022
room, kitchen, hall, cellar, basement, laundry, furnace room, and every
other habitable and non-habitable work room in a suite, Dwelling Unit,
or Building shall have a permanently installed lighting fixture that shall be
maintained in a Safe Condition and in good working order.
b) Lighting equipment shall be installed and maintained throughout every
property to provide adequate illumination for the use of each space so as
to provide safe passage.
43. PLUMBING SYSTEMS
a) All plumbing, drain pipes, water pipes, and plumbing fixtures in every
Building and every connecting line to the sewage system shall be
maintained in good working order and free from leaks and defects and all
water pipes and appurtenances thereto shall be protected from freezing.
b) Plumbing systems on a property shall be provided, installed and
maintained:
i.
in compliance with the respective requirements of any applicable
Act, Code, or By-law;
ii.
in good working order and good repair; and
iii.
in a Safe Condition.
c) All plumbing fixtures shall be connected to the sewage system through
water seal traps.
44. WATER SUPPLY
Every Dwelling and every Building to which water is available under pressure
through piping shall be provided with:
a) An adequate supply of hot water with a temperature range from 60 to 73.8
degrees Celsius or 140 to 165 degrees Fahrenheit in all Dwelling Units;
and
b) Piping for hot and cold water connected to every kitchen fixture,
washbasin, bathtub, shower sink and laundry area; and
c) Piping for cold water connected to every toilet and hose bib.
45. ELEVATING DEVICES
a) An elevator or other approved elevating device supplied to employees,
tenants, and/or the public, shall comply with the Technical Standards and
Safety Act, 2000 as amended, and its regulations as enforced by the
Technical Standards and Safety Authority.
BY-LAW NUMBER BL 95/2022
47. NUISANCES THROUGH USE
b) An elevator, where provided and when in operation, shall:
i.
be kept clean and free of dirt and defacements; and
ii.
have working lights, elevator buttons, floor indicators, and ventilation
46. SEWAGE SYSTEMS
a) Every plumbing fixture in every building shall discharge the water, liquids,
or sewage into drainage piping, which shall be connected to a municipal
sewage system, or a system approved by the authority having
jurisdiction and in accordance with all applicable law.
b) Sewage or organic waste shall not be discharged to the surface of the
ground, but into a sewage system where such system exists. Where a
sewage system does not exist, sewage or organic waste shall be
disposed of in a manner according to the Ontario Building Code.
c) The land in the vicinity of a sewage system shall be maintained in a
condition that will not cause damage to or impair the functioning of the
sewage system.
a) It is an offence for an owner or occupant of Land to use the Land in a manner
which creates a Nuisance.
b) It is an offence for the owner or occupant of Land to allow a condition to
develop and remain on the land in a manner which creates a Nuisance.
48. SWIMMING POOLS/HOT TUBS
a) Every owner of Lands upon which a Swimming Pool exists shall maintain
that Swimming Pool:
i.
in a clean and safe condition;
ii.
free from leaks and faulty components and equipment; and
iii.
in conformity with all other applicable laws.
b) Every owner of Lands upon which a hot tub fixture exists shall maintain that
hot tub fixture:
i.
In a clean and safe condition;
ii.
Free from leaks and faulty components and equipment; and
iii.
Covered or protected with appropriate devise to secure from
unwated or accidental entry.
BY-LAW NUMBER BL 95/2022
51. OCCUPANCY STANDARDS
49. PEST CONTROL
Every property shall be maintained so as to be free from vermin and
conditions that may promote an infestation at all times.
50. ELECTRICAL SYSTEMS
a) The owner of rented Dwelling Units must install, and maintain in good
working order, all electrical wiring, fixtures, switches, and receptacles
within those rented Dwelling Units and within any Accessory Buildings
provided for the occupants of the rented Dwelling Units.
b) The electrical system in the rented Dwelling Unit, and in Accessory
Buildings provided for the occupants of the rented Dwelling Unit must
accommodate normal residential use so as to avoid the necessity of
creating an Unsafe Condition because of the use of extension cords or
temporary electrical wiring systems.
A non-habitable room shall not be used as a Habitable Room
52. TOILET AND BATHROOM FACILITIES
a) Every Dwelling Unit shall contain plumbing fixtures in good repair and in
an operative condition consisting of a minimum of one toilet, one sink,
and one bathtub or shower.
b) All bathrooms and toilet rooms shall be located within and accessible from
within the Dwelling Unit.
c) All bathrooms and toilet rooms shall be fully enclosed and maintained
so as to provide privacy for the occupant.
d) No toilet or urinal shall be located within a bedroom or a room that is
used for the preparation, cooking, storing, or consumption of food.
53. HEATING SYSTEMS
Every owner of a residential rental Dwelling shall ensure that:
a) All heating and mechanical systems, including equipment related to fuel
sources for such systems, shall be installed and maintained at all times to
ensure compliqance with the City's Minimum Heat By-law, as enacted by
Council and amended from time to time.
BY-LAW NUMBER BL 95/2022
b) No rental residential Dwelling Unit shall be equipped with portable
heating equipment as the primary source of heat.
54. WATER SUPPLY & APPLIANCES
Every owner of a residential rental Dwelling shall ensure that:
a) the Dwelling Unit is provided with an adequate and suitable supply of
Potable Water to at least one tap within the Dwelling Unit.
b) where the owner initially supplies the occupant appliances, as part of the
rental /lease, those appliances must be maintained in good working order
or where repair in not feasible they shall be replaced by the owner with
functionally similar unit, in proper working order.
55. GENERAL PROVISIONS RELATING TO VACANT BUILDINGS
The owner of a vacant Building, in addition to any requirements of any other
By-law of the City, shall:
a) keep all Buildings on the land clear of debris;
b) disconnect or have disconnected or discontinued all water, electrical, and
gas services to the Building except where required for the security and
maintenance of the Building;
c) maintain the Building to prevent against Unsafe Conditions or risk of fire or
accidents;
d) keep the windows, doors, or any other openings to the Building secured to
prevent unauthorized entry;
e) maintain any entrances to the Building in good repair so as to provide for
safe access for any authorized person attending the property; and
f) barricade all openings on any floor or between floors to prevent the risk of
accident or injury to a person.
GENERAL ADMINISTRATION PROVISIONS
56. MLEO- POWER ENTRY FOR INSPECTION
a) An Municipal Law Enforcement Officer (MLEO), in accordance with the
powers of entry set out in section 435(1) and 436(1) of the Municipal Act
2001, may enter onto land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not compliance exists
for:
BY-LAW NUMBER BL 95/2022
i.
any requirements of this By-law and/or the conditions of any permit
issued thereunder.
ii.
any direction or order issued by the municipality under this By-law.
iii.
any court order issued pursuant to section 431 of the Municipal Act
2001.
57. MLEO - ISSUE DEFECT NOTICE
a) An Municipal Law Enforcement Officer (MLEO) who becomes aware of a
property that does not conform to this By-law, may issue a Defect Notice to
the owner advising of the defect(s) that are in contravention of the By-law.
b) A Defect Notice shall request the owner respond to the notice within seven
(7) days of receipt, advising of either i) the intent to repair defect(s) and the
time frame required or ii) disagreement with the defect(s) set out therein. If
the owner fails to respond to the Defect Notice within seven (7) days of
receipt, it may be forwarded to an Officer to open an inspection file
concerning the defect(s) to achieve compliance.
c) Any owner of property that receives a Defect Notice, who responds in the
required time frame and in the manner set out in the notice, will be able to
discuss the particulars of the defect with an Officer including the appropriate
remedies and timeframes involved, before an Order may be issued.
d) A Defect Notice is issued at the sole discretion on an MLEO or Officer
(Property Standards) and is not a precondition for a Property Standards
Order to be issued, in respect of a defect on that property.
e) For greater certainty, the failure of an Owner to respond a Defect Notice
only, does not constitute an Offence pursuant to section 60 of the By-law.
58. SERVICE OF DEFECT NOTICE - BY MLEO/OFFICER
a) A Defect Notice may be delivered in person to an owner or occupant at the
address of lands that are subject of the notice, or left with an inmate therein
that is over that apparent age of eighteen years, or
b) A Defect Notice may be sent via e-mail or text to an e-mail address or phone
number that has been supplied for a communication purpose and will be
deemed served only when such e-mail or text is acknowledged as being
received and is not an auto-reply, or
c) A Defect Notice may be sent registered mail to the last known address
supplied to the corporation's tax office and shall be deemed to be delivered
on the fifth (5th) day after the date mailed, or
d) A Defect Notice may be posted in a conspicuous place on the property or
placed in any open mail receptacle in proximity to the main entrance and
BY-LAW NUMBER BL 95/2022
shall be deemed to be delivered on the seventh (7th) day after being
affixed/deposited.
e) No person, other than the owner of the subject property, shall cause or
remove, tear down, or otherwise interfere with any notice or Order posted
on the property.
59. OBSRUCT MLEO - PROHIBITED
a) No person, including the owner, shall impede, interfere, or obstruct an
Municipal Law Enforcement Officer (MLEO) or Officer (Property Standards)
in the execution of their duties and in the inspection of property required
under the by-law, by doing any act, or refusing any direction of an MLEO,
including a request for access to enter and inspect any property or structure
thereon, except those actual areas used as a Dwelling Unit.
b) No person shall obstruct any Officer by providing false or misleading
information.
c) It is an offence for any person to obstruct an Municipal Law Enforcement
Officer (MLEO) or Officer (Property Standards) in the discharge of their
duties.
60. PENALTY
Any person who fails to comply with any of the requirements of this By-law is
guilty of an offence, and shall upon conviction be liable to a penalty as set out
in Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended from time to time, or any successor thereof.
61. ENFORCEMENT BY MLEO's / OFFICERS (PROPERTY STANDARDS)
a) A Municipal Law Enforcement Officer (MLEO) may enter and inspect or re
inspect property to ensure compliance with the requirements of this By-law
and may issue a Defect Notice under section 57 of the By-law at their
discretion.
b) An Officer (Property Standards) may enter and inspect or re-inspect
property to ensure compliance with the By-law, including to determine
whether an Order has been complied with.
c) An Officer (Property Standards) may issue a Defect Notice under section
58 of the By-law or an Order under section 15.2 of the Building Code Act.
BY-LAW NUMBER BL 95/2022
62. ISSUE ORDER - PROPERTY STANDARDS OFFICER
a) Where an Officer (Property Standards) issues an order regarding a property
that is in contravention of this By-law, it is issued under the authority of the
Building Code Act.
b) Where a Municipal Law Enforcement Officer or an
Officer (Property
Standards) issues a section 57 Defect Notice, it shall be deemed to be
issued under the authority of the Municipal Act while operating as a
Municipal Law Enforcement Officer (MLEO).
63. APPLICATION OF BUILDING CODE PROVISIONS - ORDER PROCESSES
a) Where an Order is issued in respect of non-conformance with the
provisions of this by-law, the processes set out in this By-law and the
Building Code Act, including the appeals process for an Order, shall apply.
64. PROPERTY STANDARDS APPEAL PROCEEDURES
a) Any person who receives an Order issued under section 15.2 of the Building
Code Act from an Officer (Property Standards) is entitled to request an
appeal by following the directions set out in the Order within the timeframes
and in the manner stated in the Order being issued pursuant to Section
15.2 of the Building Code Act.
b) A Defect Notice issued under section 57 of this by-law is not subject to an
appeal process under the Building Code Act or this By-law.
65. PROPERTY STANDARDS APPEAL COMMITTEE ESTABLISHED
a) The Property Standards Appeal Committee previously established by the
Corporation is continued.
b) The Committee shall be composed of three (3) persons appointed in
accordance with the Corporation's approved procedure for the appointment
to boards, committees, and authorities. Members of the Corporation's
council and employees of the Corporation, or one of its local boards, are not
eligible to be members of the Committee.
c) The term of office for the members of the Committee is four (4) years;
however all members shall serve beyond their terms of office, as required,
until re-appointed or replaced by Council.
d) Any vacancy on the Committee shall be filled forthwith.
BY-LAW NUMBER BL 95/2022
e) Once established, the Committee shall elect, from among its members, a
chairperson. The role of the chairperson is to preside over, and maintain
order at all hearings of the Committee. Two (2) members of the Committee
constitutes a quorum for conducting hearings. Where the elected
chairperson is unable to attend any given hearing, the remaining members
shall elect one of themselves to preside in that instance.
f) The Corporation may establish an honorarium to be paid to members of the
Committee.
g) The Corporation shall provide for a secretary for the Committee. This will
be a person employed or contracted by the Corporation who is not a
Municipal Law Enforcement Officer. The secretary shall keep on file the
records of all official business of the Committee, including records of all
applications and minutes of all decisions respecting those applications, and
section 253 of the Municipal Act, 2001, applies to the minutes and records.
h) The Committee may, subject to subsection (i), adopt its own rules of
procedure and any member may administer oaths.
i) The Committee shall give notice or direct that notice be given of the hearing
of an appeal to such persons as the committee considers advisable.
j) The Committee shall have the powers as set out in section 15.3 of the
Building Code Act, S.O. 1992, c.23.
66. PENALTY - ORDERS
An owner who fails to comply with an order that is final and binding or a
directive issued pursuant to the Building Code Act, S.O. 1992, c.23, 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.
67. SEVERABILITY
If any provision or article of this By-law is for any reason found to be invalid
by a court of competent jurisdiction, the provision or article found to be
invalid shall be severed from the By-law and the remaining provisions or
articles shall remain in effect until repealed.
68. CONFLICTS
Where a provision of this By-law conflicts with the provisions of another By
law in force within the municipality, the provision which establishes the higher
standards to protect the health, safety, and welfare of the occupants and the
BY-LAW NUMBER BL 95/2022
general public shall prevail or where it gives greater effect to the purpose of
this By-law then this By-law shall prevail.
69. TRANSITIONAL RULES
After the date of the passing this By-law, Bylaw #066-2008, as amended,
shall apply only to those properties in which an Order to Comply has been
issued prior to the date of passing of this By-law, and then only to such
properties until such time as the work required by such Order has been
completed or any enforcement proceedings with respect to such Order,
including any demolition, clearance, or repair carried out by the municipality
shall have been concluded.
70. REPEAL
By-law 66-2008, as amended is repealed.
71. EFFECT
This By-law shall come into force and effect on the date it is passed.
Enacted and passed this 12th day of September, A.D. 2022 as witnessed by the
Seal of the Corporation and the hands of its proper Officers.
Bill Mauro
Mayor
Krista Power
City Clerk
BY-LAW NUMBER BL 95/2022