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The Corporation of the
Municipality of Trent Lakes
By-law Number B2017-099
A By-law to Amend By-law No. B2014-095, 'A By-law to
Prescribe
Standards
for
the
Maintenance
and
Occupancy of Property'
Whereas Council of the Municipality of Trent Lakes adopted By-law B2014-095
being, 'A By-law to Prescribe Standards for the Maintenance and Occupancy of
Property';
And Whereas Council deems it desirable to amend By-law B2014-095;
Now Therefore the Council of the Corporation of the Municipality of Trent Lakes
enacts as follows:
1.
That By-law B2014-095 be amended by adding the following definition under
Section 1, Definitions:
"Shipping Container" means any container that was used for the transport
of goods by means of rail, truck or by sea that is strong enough to be
suitable for repeated use and includes but is not limited to intermodal
Shipping Containers, the body of a transport trailer, straight truck box or a
wooden shipping crate.
2.
That By-law B2014-095 be amended by adding the following subsection
under Section 3, Prohibition:
3.4.
No Owner, Occupant or Person shall erect, place or store a Shipping
Container on any property within the boundaries of the Municipality of Trent
Lakes, except pursuant to Section 4.9 herein.
3.
That By-law B2014-095 be amended by adding the following subsections
under Section 4, General:
4.9
Shipping Container
4.9.1
Notwithstanding Section 3.4 herein, a shipping container is permitted
where construction is being undertaken with a building permit for a period of
six months with the possibility of a three month extension, which extension
may be given no more than twice by the Chief Building Official.
4.9.2 Notwithstanding Section 3.4 herein, a shipping container is permitted
where the Owner has obtained a building pen'nit for its use.
4.
That this by-law shall come into force and take effect on the date of its
passing.
Read a first and second time this 5th day of September, 2017.
Read a third time and finally passed this 5th day of September, 2017.
Bvev Matthe
,Mayor
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THE CORPORATION OF THE
MUNICIPALITY OF TRENT LAKES
BY-LAW NUMBER B2014-095
_______________________________________________________________
A BY-LAW TO PRESCRIBE STANDARDS FOR THE
MAINTENANCE AND OCCUPANCY OF PROPERTY
WHEREAS under subsection 15.1 of the Building Code Act, 1992, S.O. 1992, c.
23 a by-law may be passed by the Council of a municipality prescribing standards for
the maintenance and occupancy of property within a municipality; prohibiting the
occupancy or use of such property that does not conform with the standards; and
requiring that property that does not conform with the standards to be repaired and
maintained to conform with the standards, section 8.6 of the Official Plan for the
Municipality of Trent Lakes includes provisions relating to property conditions;
AND WHEREAS the Official Plan for the Corporation of The Township of
Galway-Cavendish and Harvey (now the Municipality of Trent Lakes) includes
provisions relating to Property conditions;
AND WHEREAS the Council of the Corporation of The Municipality of Trent
Lakes deems it desirable to enact a by-law for prescribing minimum standards for the
maintenance and occupancy of property within the Municipality of Trent Lakes;
AND WHEREAS subsection 15.6 of the Building Code Act, 1992, requires that a
By-law passed under subsection 15.1 of the Building Code Act, 1992 shall provide for
the establishment of a Property Standards Committee;
NOW THEREFORE the Council of The Municipality of Trent Lakes hereby enacts as
follows:
1.Definitions:
In this By-law:
"Accessory Building or Structure" means a detached building or structure that is not
used for human habitation and the use of which is customarily incidental and
subordinate to a principal use, building or structure and located on the same lot
therewith.
"Approved" means Approved by the Property Standards Officer.
"Building" means,
(a)
a structure occupying an area greater than ten square metres consisting of a
wall, roof and floor or any of them or a structural system serving the function
thereof including all plumbing, works, fixtures and service systems appurtenant
thereto,
(b)
a structure occupying an area of ten square metres or less that contains
plumbing, including the plumbing appurtenant thereto,
(c)
plumbing not located in a structure
(d)
a sewage system; or
(e)
structures designated in the building code
"Building Material" means materials intended to be used for the construction of a
structure and includes both new and re-claimed materials.
"Chief Building Official" means a Chief Building Official appointed or constituted under
the Building Code Act, 1992, S.O. 1992, c.23
"Collectible Material" means ashes, garbage and such refuse as crates, packing
materials, bedding, refuse and debris.
"Dwelling" means a building or structure or any part of which is, or is intended to be,
used for the purpose of human habitation and includes a building that is or would
be intended to be used for such purposes except for its state of disrepair.
"Dwelling Unit or Rental 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 usually containing cooking, eating, living, sleeping and sanitary
facilities and approved as a permitted use by the Municipality's zoning by-law, as
amended.
"Floor Area" means the area contained within the outside walls or outside finished
furred partitions of the walls, but does not include a private garage, porch, stair
well, attic or basement (definition ONLY applies to this by-law).
"Good Workmanship" includes, among other things:
(a)
ensuring that the component repaired can perform its intended function; and
(b)
finishing the repair in a manner reasonably compatible in design and colour with
adjoining decorative finishing materials.
"Graffiti" means one or more letters, symbols, figures, etching, scratches, inscriptions,
stains or other markings that disfigure or deface a structure or things, howsoever
made or otherwise affixed on the structure or thing but does not include:
(a)
a sign or public notice authorized by the Municipality or by Provincial or Federal
legislation.
(b)
in the case of private property, real or personal, any one or more letters,
symbols, figures, etching, scratches, inscriptions, stains or other markings
authorized by the Owner of the property upon which the letters, symbols, figures,
etching, scratches, inscriptions, stains, or other markings appear, that, in the
opinion of the Officer, does not contribute to the unsightly nature of the property.
"Grade" means the average level of proposed or finished ground adjoining a building at
all exterior walls.
"Gross Area" means the total area of all floors above grade measured between the
outside surfaces of exterior walls or between the outside surfaces of exterior
walls and centre line of firewalls (as defined in the Ontario Building Code)
"Guard" means a protective barrier around openings in floors or at the open sides of
stairs, landings, balconies, mezzanines, galleries, raised walkways or other
locations to prevent accidental falls from one level to another. Such barrier may
or may not have openings through it.
"Health Hazard" means:
(a)
a condition of a premises;
(b)
a substance, thing, plant or animal other than man; or
(c)
a solid, liquid, gas or combination of any of them,
That has or that is likely to have an adverse effect on the health of any person in the
opinion of the Medical Officer of Health for the County of Peterborough or a Public
Health Inspector appointed to administer the Health Protection and Promotion Act.
"Materials Suitable and Sufficient for the Purpose" includes among other things:
(a)
materials reasonably compatible in design with adjoining decorative finishing
material; and
(b)
materials reasonably compatible in colour with adjoining decorative finishing
material
"Motor Vehicle" means a vehicle that is drawn, propelled or driven by any means other
than by muscular power (but does not include a vehicle of a railway that is
operated on rails).
"Non-collectible Waste" means any waste or matter other than Collectible Material and
includes, among other things, the following:
(a)
manufacturers or industrial waste;
(b)
stock from any wholesaler or retailer;
(c)
celluloid cuttings, moving picture film, oil soaked rags, absorbents and explosive
or highly combustible material of any nature whatsoever;
(d)
broken plaster, lumber or other waste resulting from the construction, alteration,
repair, demolition or removal of any building or structure;
(e)
swill and organic matter not properly drained or wrapped;
(f)
liquid (including motor oil) and gaseous waste;
(g)
bio-medical waste;
(h)
caustics and acids;
(i)
poisons, pesticides and herbicides;
(j)
radioactive material;
(k)
septic tank pumping, raw sewage, sludge and industrial process sludge;
(l)
night soil, hay, straw and manure;
(m)
carcasses of animals;
(n)
sod, soil and stones;
(o)
stoves, furnaces, bedsprings, furniture, boxes, barrels and other weighty or bulky
articles;
(p)
material which has become frozen to the receptacle and cannot be removed by
shaking;
(q)
discarded trucks, automobiles and other vehicles and any parts thereof or
accessories thereto, including tires; and
(r)
trees and stumps
"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 thereto and all outbuildings,
fences or erections thereon or therein.
"Occupant" means any person or persons over the age of eighteen years in possession
of the Property.
"Officer" means a Property Standards Officer who has been assigned the responsibility
of administering and enforcing this by-law.
"Owner" means any person, firm or corporation having control over any portion of the
building or property under consideration and includes:
(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 receive the
rent if the land and premises 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.
"Person" means an individual, firm, corporation, association or partnership. (singular in
this instance shall mean plural).
"Property" means a building or structure or part of a building or structure and includes
the lands and premises appurtenant thereto and all mobile structures or trailers in
approved mobile home parks, outbuildings, fences and erections thereon,
whether heretofore or hereafter erected.
"Recyclable Material" includes all items as defined by the County of Peterborough
Waste Diversion Department.
"Repair" includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the Property
shall conform to the standards established in this by-law.
"Sewage System" means the Municipality's sanitary sewer system or a private sewage
disposal system Approved by the Peterborough County City Health Unit or the
Ministry of the Environment.
"Storey" means the portion of a building which is situated between the top of any floor
and the top of the floor next above it, and if there is no floor above it, that portion
between the top of such floor and the ceiling above it.
"Structure" means a "building" as defined in this by-law, the Ontario Building Code and
the Municipality of Galway-Cavendish and Harvey Zoning By-law or any
subsequent Zoning By-law.
"Municipality" means the Corporation of The Municipality of Trent Lakes.
"Vacant" means not occupied or put to use;
"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.
2.
Application and Interpretation
2.1
This by-law applies to all Property in the Municipality of Trent Lakes.
2.2
For the purpose of this by-law, unless otherwise stated to the contrary, the
provisions prescribed shall be held to be the minimum standards for the
promotion of the public health, safety, comfort, convenience and general welfare
and are not intended to derogate from the standards found in any other
applicable by-laws or legislation.
2.3
The Owner of Property which does not comply with the standards prescribed in
this by-law shall repair and maintain the property to conform to the standards or
the Property shall be cleared of all buildings, structures, debris or refuse and left
in a graded and leveled condition.
3.
Prohibition
3.1
No Owner or Occupant or Property shall use, occupy, allow or permit the use or
occupation of the Property unless such Property conforms to the standards
prescribed in this by-law.
3.2
No person shall fail to maintain the property in conformity with the standards
prescribed in this by-law.
3.3
No person shall fail to comply with a final and binding order issued under this By-
law.
4.
Standards for all Properties, Buildings and Structures
4.1
General
4.1.1. 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 trade concerned and with Materials Suitable and Sufficient for the purpose.
4.2
Structural Adequacy
(Chief Building Official to comment & inspect if determined by Enforcement
Officer)
4.2.1 Every property shall be maintained in good repair and in structurally sound
condition so as:
4.2.1.1
to be capable of sustaining safely its own weight and any load to which it
might normally be subjected; and
4.2.1.2
to be capable of safely accommodating all normal structural movements
without damage, decay or deterioration; and
4.2.1.3
to prevent the entry of moisture that would contribute to damage, decay,
deterioration, including mould growth; and
4.2.1.4
to be capable of safely and adequately performing its function
4.3
Foundations, Walls, Columns, Beams, Floors, Roof Slabs and Balconies
(Chief Building Official to comment & inspect if determined by Enforcement
Officer)
4.3.1 A foundation wall, basement, cellar or crawl space floor, slab on grade, exterior
wall and roof shall be structurally sound, weather tight and damp-proofed and
shall be maintained so as to protect against deterioration caused by the
elements, fungus, mould, dry rot, rodents, vermin or insects.
4.3.2 The foundations, walls, columns, beams, floors, roof slabs, and balconies of all
buildings including parking garages and Accessory Buildings shall be maintained:
4.3.2.1
in good repair and a structurally sound state
4.3.2.2
free from decayed, damaged or weakened sills, beams, piers, posts or
other supports
4.3.2.3
in a manner so as to prevent the entry of moisture into the building; and
4.3.2.4
in a manner so as to prevent settlement of the building
4.3.3 The exterior walls of all buildings shall be maintained in good repair, in a manner
to prevent deterioration caused by the elements or pests and free from cracked
or broken masonry; defective or deteriorated wood or metal siding or trim;
cracked broken or loose stucco; and loose or unsecured objects.
4.3.4 Where the masonry units forming an exterior wall, or part of an exterior wall, of
any building are faced with a glazed or other decorative surface, all of those units
from which the surface has spalled or broken shall be removed and replaced with
units having a facing similar to that of the original wall so that the wall presents a
uniform and neat appearance or is finished with other Approved materials.
4.3.5 All exterior surfaces which have been previously 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.
4.3.6 Metal eavestroughs, rainwater pipes, flashings 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 or replaced when such application deteriorates or
becomes ineffective.
4.3.7 The cladding on the exterior walls of all buildings shall consist of masonry,
stucco, wood, plywood, metal or other approved materials of equivalent strength,
durability and fire endurance.
4.3.8 Balconies, porches, canopies, marquees, awnings, screens, grilles, stairways,
fire escapes, pipes, ducts, air conditioners and all other similar equipment,
attachments, extensions and their supporting member shall be maintained:
4.3.8.1
in good repair;
4.3.8.2
free from Collectible Material, brush, non-collectible waste, recyclable
material and unsightly storage;
4.3.8.3
properly and safely anchored;
4.3.8.4
protected against deterioration and decay; and
4.3.8.5
free from broken or missing glass
4.3.9 Exterior doors, windows, skylights, basement hatchways, including storm and
screen doors and storm windows, shall be maintained in good repair and
weather-tight.
4.3.10 Openings in exterior walls, other than doors and windows, shall be effectively
protected by suitable materials to prevent entry of rodents, vermin and insects
unless it can be shown to the satisfaction of the Officer that the implementation of
this section would adversely affect the normal operations in a non-residential
property.
4.3.11 Dilapidated, collapsed or unfinished structures and all accumulations of material,
wood, debris or other objects that create an unsafe or unsightly condition, shall
be removed.
4.4
Air Conditioners and Water Cooled Equipment
4.4.1 Air conditioners shall be equipped with adequate devices for the prevention of
condensation drainage on to entrance areas, sidewalks or pathways.
4.4.2 Cooling water from water-cooled equipment shall be discharged directly into a
proper drainage system which complies with all applicable governmental
regulations.
4.5
Roofs
(Chief Building Official to comment & inspect if determined by Enforcement
Officer)
4.5.1 All roofs shall be maintained:
4.5.1.1
in a watertight condition;
4.5.1.2
free from loose or unsecured objects or materials;
4.5.1.3
free from dangerous accumulations of snow or ice;
4.5.1.4
free from all other accident, fire or Health Hazards;
4.5.1.5
so that roof decks and related guards are in a good state of repair; and
4.5.1.6
free from conditions causing or contributing to leaks or being detrimental
to the appearance of the building.
4.5.2 Every eavestrough, roof gutter, rainwater pipe and flashing shall be kept in good
repair, free from obstructions, properly secured and free from health and accident
hazards.
4.6
Stairs, Handrails and Guards
(Chief Building Official to comment & inspect if determined by Enforcement
Officer)
4.6.1 All stairs, porches, decks, landings and other similar structures, all treads and
risers, guards, handrails and all supporting structural members shall be
maintained free from defects and accident hazards and capable of supporting all
loads to which they might be subjected.
4.6.2 All guards and handrails shall be installed and maintained in accordance with the
Ontario Building Code so as to afford reasonable protection against accident or
injury to any person in or on a property.
4.7
Floors
(Chief Building Official to comment & inspect if determined by Enforcement
Officer)
4.7.1 Floors and floor coverings in all rental properties and all non-residential
properties shall be maintained in a safe and sanitary condition, and free from
warped or decayed boards, large cracks, depressions, protrusions, deterioration
or other defects which may form fire, health or accident hazards.
4.7.2 The floors of rooms in which plumbing fixtures are installed shall be maintained
reasonably impervious to water and in such a condition as to permit easy
cleaning.
4.8
Heating, Ventilation and Mechanical
(Chief Building Official to comment & inspect if determined by Enforcement
Officer)
4.8.1 Heating, equipment, vent pipes, exhaust hoods, chimneys, smoke stacks, flues,
ducts and similar equipment shall be constructed, installed and maintained free
from obstruction and to comply with all applicable governmental regulations and
prevent:
4.8.1.1
obstruction to the free passage of persons within a building; and
4.8.1.2
fire and accident hazards
4.8.2 Where a heating system, heating equipment or any auxiliary heating units burn
solid or liquid fuel, a receptacle for such fuel shall be provided and maintained in
a safe condition and in a convenient location so as to be free from fire or accident
hazards.
4.8.3 All piping for gas or oil fuel and all electrical connections to a heating system
shall be installed and maintained in accordance with the requirements of all
applicable governmental regulations.
4.8.4 Fuel burning heating equipment shall be effectively connected to a chimney or
flue which leads to the exterior of the building in which the equipment is installed
and shall be furnished with an adequate supply of air to ensure proper
combustion of the fuel.
4.8.5 Every chimney, smoke-pipe, flue and gas vent in use or available for use in a
building shall be:
4.8.5.1
installed and maintained so as to prevent the escape of smoke or gasses
into the building;
4.8.5.2
clear of obstructions;
4.8.5.3
free from open joints; free from broken and loose masonry; and
4.8.5.4
in good repair and plumb
4.8.6 A prefabricated chimney or flue shall be of a type suitable for the appliance for
which it is being used and shall be kept in good repair; properly secured and free
from fire, health and accident hazards.
4.8.7 Mechanical ventilating equipment and the supports for such equipment shall be
maintained in good repair and in a safe mechanical condition.
5.
Standards for Yards and Parking Areas
5.1
General
5.1.1 All vacant lots and every yard shall be kept clean and free from:
5.1.1.1
injurious insects, termites, rodents, vermin and other pests and any
condition which might result in the harbouring of such pests;
5.1.1.2
dead, decayed or damaged trees or other natural growth and the
branches or limbs thereof which create an unsafe condition; and
5.1.1.3
stagnant water which provides a breeding place for mosquitoes or other
Health Hazards
5.1.2 Every yard, field, parking lot, carport and vacant property shall be kept free of
collectible material, brush, non-collectible waste, recyclable material and
unsightly storage.
5.1.3 No motor vehicle, other than a Motor Vehicle currently bearing a valid licence
plate sticker issued by the Ministry of Transportation and capable of being driven,
shall be parked other than in a building, on any Property in the Trent Lakes
unless the parking of the unlicenced inoperative motor vehicle is incidental to a
permitted use under the Municipality zoning by-law for the zone in which the
property is located.
5.1.4 No machinery, motor vehicle, boat, trailer or part thereof which is in an unusable,
wrecked, discarded, dismantled, partially dismantled or abandoned condition,
shall be stored or allowed to remain on any property, unless otherwise permitted
by the Municipality's zoning by-law.
5.1.5 Lawns, hedges and bushes will not be permitted to become overgrown or
unsightly. Specifically, grass and weeds shall not exceed 20.33 cm (8 inches) in
height.
5.1.6 Maintenance for vacant residential properties in built up residential areas
designated as Hamlet. Any vacant properties defined as Hamlet Area are to be
maintained, kept clean and grass shall not exceed 20.33 cm (8 inches) in height.
5.1.7 Walks, driveways and parking lots will be maintained free from accident hazards.
5.1.8 All exterior property areas, including vacant land, shall be maintained to prevent
accumulations of dust or dirt from spreading to neighbouring properties.
5.1.9 Dilapidated, collapsed or partially constructed structures which are not currently
under construction.
5.2
Sewage Discharge
5.2.1 Sewage shall be discharged into a Sewage System
5.3
Exterior Lighting and Supports
5.3.1 In the yards of all properties, standards supporting artificial lights and all exterior
lighting and the connections thereto shall be kept in a safe condition, in good
repair and in good working order.
5.4
Fences
5.4.1 Fences, retaining walls and all structures appurtenant to a Property shall be
installed and maintained in accordance with the Municipality's Fence By-law and
in addition shall be:
5.4.1.1
reasonably uniform in height and appearance;
5.4.1.2
maintained in good repair;
5.4.1.3
maintained in a structurally sound condition and plumb, unless specifically
designed to be other than vertical;
5.4.1.4
maintained free from health, fire and accident hazards;
5.4.1.5
protected from deterioration by the application of paint or other suitable
protective materials or uniform colour, or constructed of a material that is
inherently resistant to such deterioration and compatible with surrounding
finishes;
5.4.1.6
made with suitable materials and designed and erected in a workman like
manner and maintained so as not to appear unsightly; and
5.4.1.7
capable of safely performing the function for which they were constructed.
5.5
Miscellaneous
5.5.1 Storm water runoff shall be drained from the grounds of Property and any area
below exterior grade so as to prevent excessive ponding, erosion or the entrance
of water into a building or structure.
5.5.2 Unprotected wells, holes or cavities over one metre in depth shall be filled or
safely covered.
5.5.3 Parking garages shall be maintained so as to prevent the accumulation of toxic
fumes or the escape of toxic fumes into a building.
6.
Supplementary Standards for Vacant Property/Buildings
6.1
In addition to the minimum standards for the maintenance and occupancy of
property set out elsewhere in this by-law, the following additional standards shall
apply to vacant property/buildings.
6.1.1 where any property/building is unoccupied, the owner or his/her agent shall
protect every such property/building against the risk of fire, accident or other
danger and shall effectively prevent the entrance thereto of all unauthorized
persons.
6.1.2 all materials used for boarding up unoccupied buildings shall be covered and
maintained with a preservative which is similar in colour to the exterior finish of
the building.
6.1.3 where a building remains vacant for a period of more than ninety days, the owner
or agent thereof shall ensure that all utilities serving the building are properly
disconnected or otherwise secured to prevent accidental or malicious damage to
the building or adjacent property, but this shall apply where such utilities are
necessary for the safety or security of the building.
6.1.4 vacant buildings shall be kept clear of all collectable material, non-collectable
waste, recyclable material and unsightly storage.
6.2
Vacant property means vacant with nothing being on that property unless a
permit is issued or permission obtained from the municipality.
7.
Supplementary Standards for Unfinished Buildings or Structures
7.1
In addition to the minimum standards for the maintenance and occupancy of
property set out elsewhere in this by-law, all buildings or structures, or parts
thereof that are unfinished shall be finished in an acceptable manner within a
reasonable amount of time and where applicable, in accordance with all relevant
legislation and by-laws.
8.
Supplementary Standards for Non-Residential Properties
8.1
General
8.1.1 In addition to the minimum standards for the maintenance and occupancy of
property set out elsewhere in this by-law, every owner and every occupant in the
part of a non-residential property that he or she occupies or controls shall
maintain the property:
8.1.1.1
in a sanitary and safe condition free from litter, refuse and debris, and
shall provide containers for the disposal of such litter or refuse;
8.1.1.2
free from objects or conditions which are health, fire or accident hazards;
and
8.1.1.3
free from rodents, vermin and injurious insects;
8.1.1.4
free of accumulation of building materials other than these being actively
used for construction projects on the property where they are being stored
or as permitted by the zoning by-law
8.2
Means of Egress
8.2.1 All means of egress for a Non-Residential Property shall be:
8.2.1.1
maintained free from all obstructions or impediments; and
8.2.1.2
provided with clean, clear, unobstructed and readily visible exit signs, for
every required exit.
8.3
Interior Walls, Ceilings and Floors
8.3.1 Interior walls, floors and ceilings of a Non-Residential Property shall be
maintained:
8.3.1.1
free from health, fire and accident hazards;
8.3.1.2
in good repair and free from holes, large cracks, broken plaster and loose
or broken masonry;
8.3.1.3
in a clean and sanitary condition which is reasonable considering the use
or operation; and
8.3.1.4
free from cracked and broken glass in door panels, glass screens and
windows. Cracked broken glass in door panels, glass screens and
windows shall be replaced with Approved glass or other Approved
material.
8.3.2 Plaster repairs made to the walls and ceilings of a non-residential property shall
be completed in workman like manner and each repair shall be finished to match
the existing wall or ceiling.
8.3.3 Glazed doors, windows and other transparent surfaces shall be kept in a
reasonably clean condition.
8.3.4 Interior doors and door frames including automatic door closers and all
necessary hardware shall be maintained in good repair to ensure the proper
operation and integrity of the door.
8.3.5 Plumbing fixtures shall be provided and maintained in accordance with the
requirements of all applicable governmental regulations.
8.3.6 All plumbing, drain pipes, water pipes and plumbing fixtures and every
connecting line to the sewage system shall be maintained in good working order
and free from leaks and defects and in compliance with all applicable
governmental regulations; and all water pipes, drain pipes and appurtenances
thereto shall be protected from freezing.
9.
Supplementary Standards for Residential Rental Properties
9.1
General
9.1.1 In addition to the minimum standards for the maintenance and occupancy of
property set out elsewhere in this by-law, and the Residential Tenancies Act,
S.O. 2006, C-17.
9.1.2 The landlord shall maintain all services and facilities supplied by the landlord and
maintain common areas intended for the use of the tenants.
9.1.3 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 trade concerned and with materials suitable and sufficient for the purpose.
9.2
Light and Ventilation
9.2.1 An existing opening in the exterior surface of a building designed for a door,
window or skylight shall be equipped with a door, window or skylight capable of
performing the intended function and landlord shall:
9.2.1.1
ensure that the doors, windows and skylights are weather-tight;
9.2.1.2
refit, replace, renew, caulk and weather-strip any damaged, decaying,
defective or missing doors, windows, frames, sashes, casings, hatchways
or screens;
9.2.1.3
replace broken or missing glass; and
9.2.1.4
replace defective or missing hardware
9.2.2 Exterior doors, windows, skylights, basement hatchways, including storm
and screen doors and storm windows, shall be:
9.2.1.1
maintained in good repair and weather-tight;
9.2.2.2
free from rotted or defective members;
9.2.2.3
free from defective or missing hardware;
9.2.2.4
free from torn, damaged or, where supplied, missing screens;
9.2.2.5
free from defective or missing weather-stripping or caulking;
9.2.2.6
free from defective storm or screen doors; and
9.2.2.7
free from broken or missing glass.
9.2.3 All bedrooms, living rooms and dining rooms shall have a window or a door
which contains a window that faces directly to the outside of the building.
9.2.4 All habitable space shall have natural or mechanical means of ventilation.
9.2.5 A window or natural ventilation is not required in a kitchen or washroom if
electrical lighting and mechanical means of ventilation is provided; and a window
is not required in habitable space, other than a bedroom or dining room, if there
is an opening in a dividing wall to an adjoining room and the adjoining room has
a minimum of 5 percent window area of the combined floor areas, and if the
required ventilation is provided.
9.2.6 At the request of the tenant, each window in a rental unit that is located above
the storey that has its floor closest to grade and that has its ceiling more than 1.8
metres above grade, shall be equipped with a safety device to prevent any part
of the window from opening so as to admit a sphere greater than 100 millimetres
in diametre, except that the window must be capable of being opened by an adult
tenant in a emergency without the use of tools.
9.2.7 Artificial lighting shall be provided in all habitable space and in interior common
areas and maintained to permit safe use and passage, in accordance with the
Ontario Building Code.
9.2.8 An exterior lighting outlet with fixture controlled by a wall switch located within the
building shall be provided at every entrance to buildings of residential occupancy.
9.3
Interior Walls
9.3.1 Interior claddings and finishes of walls and ceilings, including elevator cars, shall
be maintained in a safe and sanitary condition, free from holes, leaks or
deteriorating materials. All interior walls must be painted or finished in a manner
similar to other interior walls in the building.
9.4
Supply Fuel
9.4.1 Unless required to be provided by the tenant, a landlord shall ensure a
continuous and adequate supply of fuel, service or utility which provides light,
heat, refrigeration, water or cooking facilities for a rental unit occupied by a
tenant, except for such reasonable period of time as may be required for the
purpose of repair or replacement of the service or utility.
9.5
Heating, Ventilation, Mechanical
9.5.1 Heating, ventilating and mechanical systems, including stoves, heating,
appliances, fireplaces, chimneys, fans, air conditioners, pumps, filtration and
other equipment provided to supply heat, air conditioning, ventilation or other
services shall be properly maintained and capable of being operated.
9.5.2 A space that contains a fuel-fired heating appliance shall have a natural or
mechanical means of supplying the required combustion air.
9.5.3 Every residential rental property shall have heating facilities capable of
maintaining the habitable space at 22˚ Celsius.
9.5.4 a rental unit shall not be equipped with a portable heating appliance as a primary
source of heat.
9.5.5 Only heating appliances approved for use by a recognized standards testing
authority shall be provided in a room used or intended for use for sleeping
purposes.
9.6
Electrical
9.6.1 A supply of electrical power by Hydro One and wiring and receptacles acceptable
to the Electrical Safety Authority or a supply of another type of power with its
associated apparatus acceptable to the governmental authority regulating that
type of power shall be provided to all habitable space in a residential complex
and properly maintained.
9.6.2 If extension cords are provided by a landlord they shall:
9.6.2.1
be rated for the intended use; and
9.6.2.2
be installed in a safe manner
9.7
Safety and Security
9.7.1 Every residential rental property shall have a safe, continuous and unobstructed
passage from every part of the interior to a safe exterior open space at street
grade level.
9.7.2 All windows and exterior doors which are intended to be opened and which are
accessible from outside a rental dwelling unit or a building containing a rental
dwelling unit shall have hardware that makes them capable of being secured.
9.7.3 At least one entrance door in a rental dwelling unit shall be capable of being both
secured from inside and locked from the outside of the rental dwelling unit.
9.8
Refuse Storage
9.8.1 One or more suitable containers or compactors shall be provided for Collectable
Material and Recyclable Material and shall be stored and either placed for pick-
up or regularly disposed of so as not to cause a risk to the health or safety of any
person.
9.8.2 The container shall be maintained in a clean and sanitary condition, ccessible to
tenants and shall not obstruct an emergency route, driveway or walkway.
9.9
Pest Prevention
9.9.1 Every residential rental property shall be kept reasonably free of rodents, vermin
and insects at all times, and methods used for exterminating rodents and insects
shall be in accordance with any applicable legislation.
9.9.2 Openings and holes in a building containing rental dwelling units, including
chimneys, windows, doors, vents, holes for pipes and electrical fixtures, cracks
and floor drains that might permit the entry of rodents, vermin, insects, birds or
other pests shall be screened or sealed as appropriate.
10.
Graffiti
10.1 No person shall place or cause or permit Graffiti to be placed on property or on a
wall, fence, or other structure or thing in a highway or other public place not
included in the definition of Property.
10.2 The owner or occupant of a property shall maintain the property free of graffiti.
10.3 The owner or occupant of a wall, fence, or other structure or thing located in a
highway right of way or other public place shall maintain the structure or thing
free of graffiti.
11.
Demolition
11.1 Where a building, accessory building or other structure is being demolished and
authorization for such demolition has been obtained under the Ontario Building
Code, every precaution shall be taken to protect adjoining property and members
of the public. Such precaution may include the erection of fences, barricades,
covered ways for pedestrians and all other means of protection necessary for the
purpose.
11.2 Where a building, accessory building, fence or other structure on a property is
demolished, the site shall be cleared of all collectible material, brush, non-
collectible waste, recyclable material and unsightly storage and left in a graded
and leveled condition within thirty days.
12.
Damage by Fire, Storm or Other Causes
12.1 A building or structure damaged by fire, storm or by other causes shall be
demolished or repaired.
12.2 For a building or structure damaged by fire, storm or by other causes, immediate
steps shall be taken to prevent or remove a condition which might endanger
persons on or near the property and the building or structure shall be properly
supported and barricaded until the necessary demolition or repair can be carried
out.
13.
Enforcement
13.1 Employees of the Municipality who are otherwise authorized to enforce by-laws
within the Municipality are authorized to enforce this By-law.
13.2 Property Standards shall be enforced as follows:
13.1.1
Receipt of complaint.
13.1.2
Title search.
13.1.3
Investigation.
13.1.4
Notice of Violation or Compliance Order issued.
13.1.5
Re-inspection.
13.1.6
If non-compliance, a Notice of Action is issued.
13.3 All correspondence shall be delivered by personal service, registered mail or
courier.
14.
Property Standards Committee
14.1 A Property Standards Committee shall be established in accordance with section
15.6 of the Building Code Act, 1992, as amended and the Terms of Reference
passed by Council from time to time, to hear appeals or orders issued under this
by-law, and shall consist of no less than three members.
15.
Inspection of Property Without Warrant
15.1 An officer may, upon producing proper identification, enter upon any property at
any reasonable time without a warrant, in accordance with section 15.2 of the
Building Code Act, 1992, as amended, for the purpose of inspecting the property
to determine whether the property conforms with the standards prescribed in this
by-law, or whether an order made under this by-law has been complied with.
15.2 For the purposes of an inspection, an Officer may be accompanied by a person
with special knowledge in relation to a property or part thereof, and may require
the production of information, documents or samples as permitted under section
15.8 of the Building Code Act, 1992.
16.
Orders
16.1 An officer who finds that a property does not conform to any of the standards
prescribed in this by-law may make an order:
16.1.1
stating the ownership, municipal address and the legal description of the
property;
16.1.2
giving reasonable particulars of the repairs to be made or stating that the
site is to be cleared of all buildings, structures, debris or refuse and left in
a graded and leveled condition;
16.1.3
indicating the time for complying with the terms and conditions of the order
and giving notice that, if the repair or clearance is not carried out within
that time, the municipality may carry out the repair or clearance at the
owner's expense, and
16.1.4
indicating the final date for giving notice of appeal from the order.
16.2 The order shall be served on the owner of the property and a copy of the order
shall be posted on the property.
16.3 The order may be registered in the proper land registry office and, when the
requirements of the order have been satisfied, the clerk of the municipality shall
register in the property land registry office a certificate that such requirements
have been satisfied, which shall operate as a discharge of the order.
17.
Appeals
17.1 When the owner upon whom an order has been served is not satisfied with the
terms and conditions of the order, he or she may appeal to the property
standards Committee by sending a notice of appeal by registered mail to the
Clerk within fourteen (14) days of the service of the order.
17.2 An appeal fee of $200.00, payable to the Municipality of Trent Lakes must
accompany the notice of appeal.
17.3 In the event that no appeal is made within such fourteen (14) days, the order
shall be deemed to have confirmed and shall be final and binding.
17.4 Where an appeal has been made, the property standards committee shall hear
the appeal and shall have all the powers and functions of the officer and may
confirm the order or may modify or rescind it, or may extend the time for
complying with the order provided that in the opinion of the Property Standards
Committee, the general intent and purpose of this by-law is maintained.
18.
Power of Municipality if Order Not Complied With
18.1 If an order of an officer under this by-law is not complied with in accordance with
the order as deemed confirmed or as confirmed or modified by the property
standards committee or judge, the Municipality, in addition to all other available
remedies, may cause the property to be repaired or demolished accordingly.
18.2 For the purpose of section 18.1 employees or agents of the Municipality may
enter the property at any reasonable time without a warrant in order to repair or
demolish the property.
18.3 A municipal corporation or a person acting on its behalf is not liable to
compensate the owner, occupant or any other person by reason of anything
done by or on behalf of the municipality in the reasonable exercise of its powers
under subsection 18.1.
19.
Emergency Provisions
19.1 If upon inspection of a property, the officer is satisfied there is non-conformity
with the standards prescribed in this by-law to such extent so as to pose an
immediate danger to health or safety of any person, the officer may make an
Order in accordance with Section 15.7 of the Building Code Act, 1992, as
amended, containing particulars of the non-conformity and requiring remedial
repairs or other work to be carried out immediately to terminate the danger.
20.
Offences and Penalties
20.1 An owner or occupant of property is guilty of an offence if the owner or occupant
uses, occupies, allows or permits the use or occupancy of the property unless
such property conforms to the standards prescribed in this by-law.
20.2 A person is guilty of an offence if the person:
20.1.1
fails to maintain the property in conformity with the standards prescribed in
this by-law; or
20.1.2
fails to comply with a final and binding order issued under this by-law.
20.3 Every person who is convicted of an offence is liable to a fine of not more than
$50,000.00 for a first offence and to a fine or not more than $100,000.00 for a
subsequent offence in accordance with the provisions of the Building Code Act,
S.O. 1992, Chapter. 23., Section 36(3).
20.4 Every corporation convicted of an offence, is liable to a fine of not more than
$100,000.00 for a first offence, and to a fine of not more than $200,000.0 for a
subsequent offence in accordance with the provisions of the Building Code Act,
S.O. 1992, Chapter. 23., Section 36(3).
20.5 An offence is subsequent offence if there has been a previous conviction under
the Building Code Act, 1992, as amended.
20.6 If this by-law is contravened and a conviction is entered, in addition to any other
remedy and to any penalty imposed by this by-law, the court in which the
conviction is entered and any court of competent jurisdiction thereafter may make
an order prohibiting the continuation of repetition of the offence by the person
convicted.
20.7 Where a person fails to do a matter or thing as directed or required by an Officer
or other person pursuant to this By-law or other Municipality of Trent Lakes By-
law or the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the matter or thing
may be done by the Municipality at that person's expense which associated costs
may be added to the tax roll of the person to be collected in the same manner as
property taxes.
21.
Severability
21.1 If any section, clause or provision of this by-law hereto, is for any reason
declared by a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the by-law as a whole or any part thereof, other than the
section, clause or provision so declared to be invalid, and it is hereby declared to
be the intent that all the remaining sections, clauses or provisions of the by-law
shall remain in full force and effect.
22.
Conflicting By-laws
22.1 Where a provision of this by-law conflicts with a provision of any other by-law in
force in the Municipality or regulation in force in the Province of Ontario, the
provision that establishes the higher standard to protect the health, safety and
welfare of the general public prevails.
23.
Short Title
23.1 This by-law may be cited as the "Property Standards By-law."
24.
Repeal
24.1 By-law 2011-54 and all amendments thereto are hereby repealed.
25.
Effective Date
25.1 That this By-Law shall come into force and take effect on the date of its
final passing.
READ A FIRST TIME THIS 7TH DAY OF OCTOBER, 2014.
READ A SECOND TIME THIS 7TH DAY OF OCTOBER, 2014.
READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF OCTOBER, 2014.
Janet Clarkson, Mayor
Robert V. Angione, Clerk