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Being a by-law to provide standards for the maintenance and the occupancy of property in the
Township of Val Rita-Harty
WHEREAS Section 15.1 of the Building Code Act, 1992, S.O. 1992, c.23, as amended, authorizes
a Council of a municipality to pass a by-law prescribing the standards for the maintenance and
occupancy of property within the municipality and prohibiting the occupancy or use of such
property below the standards prescribed herein to be repaired and maintained to comply with
the standards, or the lands thereof to be cleared of all buildings and structures and left in a
graded and level condition;
AND WHEREAS the Official Plan for the Corporation of the Township of Val Rita - Harty
includes provisions relating to property conditions;
AND WHEREAS the Council of the Corporation of the Township of Val Rita - Harty hereby
enacts the following:
1.
Short Title
This By-law is known as the "Township of Val Rita - Harty Property Standards By-Law."
2.
Defined Area
This By-law applies to all land within the boundaries of the Township of Val Rita - Harty.
3.
Definitions
In this By-law,
a)
"ACCESSORY BUILDING" means a detached or attached building which is
subordinate to the main use of the lot and which is not used or intended for use as
human habitation.
b)
"BUILDING" means any construction used or intended to be used for the shelter,
accommodation, or enclosure of humans, animals or chattels.
c)
"CLERK" means the Clerk for the Corporation of the Township of Val Rita - Harty,
duly appointed under the Municipal Act, R.S.O. 1990 as amended.
d)
"COMMITTEE" means the property standards committee established under this
by-law.
e)
"CORPORATION" means the Corporation of the Township of Val Rita - Harty.
f)
"COUNCIL" means the Council of the Corporation of the Township of Val Rita -
Harty.
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g)
"DEMOLISH" means the doing of anything in the removal of a building or structure
or part thereof.
h)
"FILL" means any type of material placed or dumped on land, whether imported or
native to the site, and includes but not limited to organic soils, peat, soil, stone,
concrete, asphalt, sod, turf, dirt, earth, aggregate, binder and any combination thereof.
i)
"OCCUPANT" means any person or persons over the age of eighteen in possession
of the property.
j)
"OFFICER" means a Property Standards Officer or By-Law Enforcement Officer
who has been assigned the responsibility of administering and enforcing this By-Law.
k)
"OWNER" includes 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 his own
account or as agent or trustee of any other person or who would so receive the rent if
such land and premises were let, and shall also include a lessee or occupant of the
property who, under the terms of the lease, is required to repair and maintain the
property in accordance with the standards for the maintenance and occupancy of
property.
l)
"POND" means an artificial body of water, the container of which is prefabricated and
constructed of concrete, plastic, fibreglass or similar material, having a depth less than
0.6 metres (24 inches) primarily intended for aesthetic or agricultural purposes but
shall not include a pond constructed on the property with or without a flexible pond
liner unless otherwise permitted by Council.
m)
"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,
outbuildings, fences and erections thereon whether heretofore or hereafter erected
and includes vacant property.
n)
"REPAIR" includes the provision of such facilities, and the making of additions or
alterations or the taking of such actions as may be required so that the property shall
confirm to the standards established under this by-law.
o)
"STANDARDS" means the standards of physical condition and occupancy of
property set out in this by-law.
p)
"STRUCTURE" means a combination of materials to form a construction or fixed
erection to or supported by the soil other than a building, which is not adapted to
permanent or continuous occupancy, and shall include a tent, receiving stand,
platform, staging, wall, retaining wall, radio or television antenna supporting structure,
shed, garbage bin, fence, sign and every other construction or erection that is not a
building.
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q)
"TOWN" means the Township of Val Rita - Harty;
r)
"UNSAFE" means when used in respect of a building, structurally inadequate or faulty
for the purpose for which it is used, or when used in respect of a building or property
in a condition that could be hazardous to persons in the normal use of the building or
property.
s)
"YARD" means the building lot excluding buildings.
4.
Structural Standards
4.1
Every owner or occupant shall ensure that every part of a building or structure 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. Materials which
have been damaged or show evidence of rot or other deterioration shall be repaired or
replaced.
4.2
Every owner or occupant shall ensure that the foundation walls, and basement, cellar or crawl
space floor shall be maintained in good repair, structurally sound and water proof.
4.3
Every owner or occupant shall ensure that all exterior surfaces shall be of materials which
provide adequate protection from the weather, or vermin. Paint or some other suitable
preservative or coating must be applied and maintained. Exterior walls of a dwelling and their
components shall be free of inappropriate signs, painted slogans, graffiti and similar
defacements.
All buildings or structures, or parts thereof that are unfinished shall be finished in an
acceptable manner within a reasonable time and where applicable, in accordance with the
relevant legislation.
4.4
Every owner or occupant shall ensure that the exterior walls, roofs and other parts of a
building or structure shall be maintained in good repair, free of loose, rotten, warped and
broken materials and objects. Objects may include ice and snow or the accumulation of one
or the other. Such objects and materials shall be removed, repaired or replaced.
4.5
Every owner or occupant shall ensure that every floor, ceiling, wall, stairway, foundation, roof,
balcony or porch on or appurtenant to a building or structure shall be maintained free from
holes, cracks, excessive wear and warping, or other defects that are accident hazards.
4.6
Every owner or occupant shall ensure that all windows and exterior doors and frames and
basement or cellar hatchways shall be maintained in good repair so as to prevent the entrance
of wind, rain or moisture into the building or structure.
Windows and doors that are intended or constructed to be opened shall be readily operable
without the use of tools.
4.7
Every owner or occupant shall ensure that a roof including the fascia board, soffit, cornice and
flashing shall be maintained in a watertight condition so as to prevent the leakage of water into
the building or structure.
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4.8
Every owner or occupant shall ensure that every chimney, smoke pipe, and flue or gas vent in
a building or structure shall
a)
be maintained so as to prevent the escape of gases into the building or structure;
b)
be kept clear of obstruction, and all open joints shall be sealed, and all broken and
loose masonry shall be repaired;
c)
be installed and maintained so that under all conditions of use, the temperature of any
combustible material adjacent thereto does not exceed a safe temperature.
4.9
Every owner or occupant shall ensure that if in the opinion of the Officer, the structural
capacity of any part of any building or structure including accessory buildings is in doubt, the
Officer may require the owner to be responsible for submitting an inspection report, prepared,
sealed and signed by a professional engineer who is qualified in the pertinent field and licenced
by the Association of Professional Engineers of Ontario. If required to submit an inspection
report, every owner or occupant shall comply with the request.
4.10
Every owner or occupant shall ensure that unsafe conditions in a building or on a property
shall be abated or removed. Without limiting the generality of the above, abatement or
removal of an unsafe condition may include: the provision, maintenance of repair of stairs,
balustrades, railing, guards and screens so as to minimize the risk of accident; and the removal
of rubbish, debris or any condition which constitutes a fire, health or accident hazard.
Locking devices for doors which shall be locked in the closed position when access to the
room or area would be hazardous to persons not authorized entry.
This Section includes removing the doors from abandoned ice boxes, freezers, refrigerators
and other abandoned machinery or their removal so as to be a hazard to persons in or on the
property.
4.11
Every owner or occupant shall ensure that the owner of any vacant or unoccupied building
shall protect such building against the risk of fire, accident, damage or other danger thereto or
to adjoining premises by taking measures to prevent the entry thereto by all unauthorized
persons. Without restricting the generality of the above, protection may include the boarding
up with: tight fitting plywood; rigid, composite panels; or sheathing boards installed within the
reveal of the exterior cladding and securely fastened to every doorway, window or wall opening
that constitutes a means of access or hazard.
All such boarding shall be installed and maintained in good repair and, unless inherently
resistant to deterioration, with a protective coating of paint or equivalent weather-resistant
material.
Where a building remains vacant or unoccupied for a period of more than ninety (90) days, the
owner shall ensure that all utilities serving the building, they are not required for the safety or
the security thereof, are properly disconnected or otherwise secured to prevent risk of fire,
accident, damage or other danger to the property or adjoining premises.
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4.12
Every owner or occupant shall ensure that no person shall commence, conduct or permit to be
commenced or conducted any work in the nature of demolition or removal of a building or
part thereof, unless a permit is obtained therefore from the Chief Building Official in
compliance with the Building Code Act and posts such permit in a prominent position on the
demolition site.
The owner of any building or part thereof being demolished shall leave any remaining wall or
walls (including any former party wall or walls, whether separately or jointly owned)
structurally sound, weather tight, in a safe condition and in conformity with the standards in
the Building Code.
Upon completion of demolition, the entire site shall be cleared and cleaned of all debris, left
free from holes or excavations and provided and maintained with a suitable ground cover.
A building or portion thereof, damaged by fire or other causes, shall be repaired to its original
condition and as may otherwise be required by this By-law, or the building shall be demolished
or the damaged portion removed and the property left in a graded and level condition.
5.
Heating
5.1
Every dwelling shall be provided with suitable heating facilities that are capable of providing
throughout the year an indoor temperature of not less than 22 degrees Celsius in all habitable
rooms.
5.2
All heating facilities shall be properly installed and maintained in safe and good working
conditions, and shall be capable of safely and adequately supplying the required heat.
5.3
Doors and windows shall be of such a construction as to prevent drafts and minimize heat
losses through infiltration of outside cold air in the cold weather season.
5.4
No gas appliance or gas supply shall be installed, maintained, or permitted within any room
used or intended to be used for sleeping purposes.
5.5
Every heating appliance using solid, liquid or gas fuel shall be connected to a suitable chimney
or flue to withdraw safely all products of combustion in accordance with the applicable
regulations.
5.6
All fuel-burning appliances shall comply with the Energy Act, R.S.O.,1990, as amended.
5.7
Thermal insulation of buildings to minimize heat losses shall be done in accordance with the
provisions of the Ontario Building Code and sufficient to prevent the formation of
condensation of the inside walls.
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6.
Plumbing
6.1
Every dwelling shall be provided with an adequate supply of potable water approved by the
Medical Officer of Health.
6.2
All plumbing, pipes and other plumbing fixtures in a dwelling 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.
6.3
Every self-contained dwelling unit shall be equipped with at least one kitchen sink, water
closet, wash basin, and bathtub or shower, and an acceptable means of sewage disposal.
6.4
Within every dwelling unit there shall be a room which affords privacy to a person within the
said room and which is equipped with a flush toilet and a wash basin in good working order.
7.
Electrical Services
7.1
Where electrical power is available, every dwelling shall be provided with an adequate supply
of electric power, and with electrical facilities having ample capacity to meet all anticipated
electrical uses without being overloaded.
7.2
Electrical wiring and equipment shall be installed in conformity with the regulations of the
Ontario Hydro and shall be maintained so as not to be a potential source of fire or electric
shock or other hazard.
7.3
An electrical light fixture shall be installed in every bathroom, kitchen ad kitchenette, laundry
room, furnace room, hall and in a stairway which is not otherwise lighted.
7.4
Switches for turning on one light in each room or passageway shall be conveniently located so
as to permit the area ahead to be lighted.
8.
Health and Safety Standards
8.1
Landscaping:
a)
Whenever landscaping, hedging, trees, fences, curbs, retaining walls or similar changes
to property have been required by the Town as a condition of development or
redevelopment, such works shall be undertaken and maintained so as to ensure
continuous compliance with the Town's requirements.
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b)
No fill shall be allowed to remain in an unlevelled state on any property for longer than
thirty (30) days unless the property is a construction site for which a building permit is
in effect; or the property is being subdivided under a subdivision agreement with the
Corporation; or the property is used for storage of material with the approval of the
Corporation's Director of Public Works, or his designate, in connection with a Public
Works contract; or, or should the fill be required for landscaping purposes, that prior
approval of the construction and time schedule be obtained from Council or is
otherwise approved under another Town By-law.
8.2
Trees:
a)
All trees on the premises shall be kept pruned so as to be free from dead, diseased or
dying branches which may be a source of danger.
b)
All diseased or dead trees which may be a source of danger shall be removed.
8.3
Television and Radio Antennae:
Television antennae and other similar roof structures must be securely anchored and
maintained in a safe and good condition.
8.4
Land:
All lands and lots and yards around any building or structure including fences shall be
maintained in a clean and reasonable state of repair to prevent fire, accidents or hazards to
health, and more particularly:
a)
Any rubbish or debris, such as paper, cardboard, wood lumber, bricks, blocks, grass,
bottles, machinery, unusable motor vehicles or implements or parts thereof, shall be
removed or stored out of sight in a safe and sanitary building or container. Firewood
or lumber, if neatly piled in a rear yard, shall not be considered as rubbish or debris.
b)
Any part of a yard that is low lying or has been excavated so that it accumulates water,
shall be drained, filled and graded so that water drains to a storm sewer or ditch.
Swimming pools shall not be included in this requirement unless they constitute an
unsafe condition.
c)
All grassed areas and landscaped areas shall be cut and maintained in a reasonable
condition in relation to the neighboring environment.
d)
Every hard-surfaced walkway, driveway, parking area or private road shall be evenly
graded and maintained free of potholes or uneven sections capable of causing
accidents.
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e)
All walkways and access routes to and from multiple occupancy buildings shall be kept
free from ice and snow and hazards at all times.
f)
All swimming pools, wading pools and ponds, and any appurtenances thereto, shall be
maintained in good repair, free from leaks, and free from health and safety hazards.
All swimming pools, wading pools and ponds shall be kept clean of stagnant water and
any such areas that are unkept or unused shall be drained of all water found therein and
when emptied shall be further enclosed or filled.
g)
Installation, construction and location of ponds shall be approved by Council.
Owners of existing or new ponds may be required by Council to relocate, remove or
enclose such ponds for reasons of safety.
h)
No roof drainage or sump pump shall be discharged on a municipal sidewalk or stairs
of the premises or neighboring property.
i)
Dilapidated, collapsed or unfinished structures and all accumulations of material,
wood, debris or other objects that create an unsafe condition or that the visual appeal
does not conform with or to the neighboring properties or environment shall be
removed.
j)
Any unusual improvement or unkept improvement that may reduce the market value
or appeal of neighboring properties or environment shall be removed.
8.5
Fences, Accessory Buildings and Temporary Structures:
Fences, accessory buildings and temporary structures shall be kept:
a)
Protected by paint, preservative or other weather resistant material unless the aesthetic
characteristics is, in the opinion of Council, enhanced by the lack of such material.
b)
In a structurally sound condition and plumb, unless specifically designed to be other
than vertical.
c)
In good repair and free of accident hazards.
d)
So as not to present an unsightly appearance.
e)
Temporary structures, in addition to those regulations as outlined in Sections 8.5 a),
8.5 b), 8.5 c) and 8.5 d) require a letter of permission and location verification to be
issued upon the request of the applicant by the Corporation for a one time fee as per
Schedule "A". The applicant shall indemnify and save harmless the Corporation
against any and all claims or demands made or brought against the Corporation by any
person or persons for damages arising out of the ownership and use of a temporary
structure.
f)
Temporary structures may be erected on or after October 1st of each year and must be
removed on or before May 31st of each year. No temporary structure may exceed 33.4
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square metres (360 sq.ft.) in size in any residential area.
g)
During the period between October 1st of any year and May 31st of the following year
temporary structures may be erected within the front yard of a single family dwelling
only when used solely for the temporary parking of a motor vehicle.
h)
Temporary structures must maintain side, front and rear yard setbacks of two-feet and
shall not restrict in any manner any required exit from the residential structure on the
property.
i)
Temporary structure must not be located near a hydrant where it may pose a safety
hazard.
j)
Temporary structures may be permitted in the rear yard of a single family dwelling for
a period of time exceeding the time frame set out in 8.5 (f), subject to written letters of
permission from neighboring property owners approving of the temporary structure.
k)
In instances where there is no backyard or backyard access, temporary structures may
be permitted in the side yard of a single family dwelling exceeding the time frame set
out in 8.5 (f), subject to written letters of permission from neighboring property
owners approving of the temporary structure.
l)
Temporary structures are not permitted on vacant lots.
m)
Val Rita-Harty Council has the authority to revoke any permit for a Temporary Shelter
Permit upon 30 days notice.
n)
Small permanent structures or buildings of less than 10 square meters one hundred
(107.6sq. fr) floor area will require a building permit Zoning compliance form shall be
issued upon the request of the property owner by the Corporation of the Township of
Val Rita-Harty for a one time fee as per Schedule "A"
8.6
Sewage of any kind shall not be discharged onto the surface of the ground. Sewage or organic
waste shall be discharged into a sewerage system where such a system exists. Where a
sewerage system does not exist, sewage or organic waste shall be disposed of in a manner
acceptable to the local health authorities.
8.7
A dwelling shall be kept free of rodents, vermin and insects at all times and methods used for
exterminating rodents or insects or both shall be in accordance with the provisions of the
Pesticides Act, R.S.O. 1990, and all regulations passed pursuant thereto.
8.8
Every floor, wall, ceiling and fixture in a dwelling or building shall be maintained in a clean and
sanitary condition, and the dwelling shall be kept free from rubbish, debris or conditions
which constitute a fire, accident or health hazard.
8.9
Doors shall be provided for all entrances, for reasons of security, fire separation, noise barrier
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and heat loss in compliance with the Building and Fire codes and regulations.
8.10
Fuel oil and any other combustible or flammable material shall be stored and located so as not
to be a hazard to the premises or surrounding property or contravene any provincial or
municipal regulations.
8.11
All garbage, refuse and ashes shall be disposed of in a manner acceptable to the local health
and municipal authorities.
8.12
Drainage
Except for ponds approved by Council and drainage works approved by the Corporation,
recurrent ponding which creates a health, safety, or accident hazard or creates a nuisance shall
be eradicated by grading, filling or otherwise draining the land.
Every property containing a building with a basement or cellar shall be graded and drained so
as to prevent the entry of water into such basement or cellar.
Storm water from the roof or driveway or other surface shall not be drained to the sanitary
sewage system.
Where water run off from roof surface is discharged by way of eaves troughs or roof gutters
and down pipes, they shall be maintained in good working order and good repair, watertight
and free from leaks and in a safe condition.
Down pipes and sump pump discharge lines shall be provided and maintained so as to
discharge water run-off away from the building and to prevent flooding and erosion to
neighbouring properties.
9.
General Duties and Obligations to Comply
No owner shall use, occupy or permit the use or occupancy of any property that does not
satisfy the terms and conditions of an Order to conform to the standards established in this
By-law.
No person shall remove from any premises any sign, notice of placard placed thereon pursuant
to this By-law without the consent of the Officer.
9.1
Administration and Enforcement
Schedules "A", "B" and "C" shall form part of this By-law.
9.2
Application of By-law
Where a provision of this By-law conflicts with the provisions of another By-law in force in the
Township of Val Rita - Harty, the provisions which establish the higher standards to protect
the health, safety and welfare of the general public shall prevail.
9.3
Officers and Inspectors
The Corporation shall appoint Property Standards Officers who shall be responsible for
administering and enforcing the provisions of this By-law. The persons from time to time
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holding the position of Chief Building Official Building Inspector and Fire Chief in the Town
are hereby designated as Inspectors to assist the Property Standards Office in the
administration and enforcement of this By-law.
9.4
Right of Entry for Inspecting Property
For the purpose of enforcing this By-law, the Officer, Inspector or any other person acting
under the instructions of the Officer may, at all reasonable times and upon producing proper
identification, enter and inspect any property or premises to which this By-law applies.
9.5
Notice of Non-Conformity
If, after inspection, the Officer is satisfied that, in some respect, the property does not
conform with the standards prescribed in this By-law he shall serve or cause to be served by
personal service upon, or sent by prepaid registered mail to the owner of the property and all
persons shown by the records of the Land Titles Office to have any interest therein, a Notice
containing particulars of the non-conformity and may at the same time, provide all occupants
and a copy of such Notice.
The Notice of Non-Conformity shall: state the municipal address and legal description of such
property; specify that the property does not conform with the standards prescribed by the
By-law; specify the standards with which the property does not conform; specify the action
required to be taken to bring the property into conformity with the By-law, giving reasonable
particular thereof; state that any person served with the Notice may make representations in
respect to the condition of the property or the work required to be done, in writing, or at a
meeting with the Officer; state that any representations or requests for a meeting shall be in
writing and received by the Officer within fourteen (14) days of the date of personal service or
the date of mailing of the Notice, failing which an Order may be made; pursuant to Section 9.8
herein; and state the name and the business address of the Officer giving the Notice.
9.6
Substituted Service
If the said Officer is unable to effect service of the Notice on those persons as required, he
shall place a placard containing the terms of the Notice in a conspicuous place on the property,
and the placing of the placard shall be deemed to be sufficient service of the Notice on such
persons.
9.7
Meeting Before the Property Standards Officer
If a meeting is requested by the owner or other persons served with Notice, such meeting shall
be held by the Officer within thirty (30) days of the receipt of the request and the owner shall
have the right to make such representations and lead such evidence as he or she desires at the
meeting.
9.8
Order
At any time after the date specified in the Notice for making representations to the Officer or
after a meeting under Section 9.7 herein, the Officer may issue an order with regard to the
non-conforming property.
The Order shall either be personally served upon, or sent or caused to be sent by prepaid
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registered mail to the last known address of the owner and all persons shown by the records of
the Land Titles Office as having an interest therein and may at the same time be provided to all
occupants.
9.9
Substituted Service
If the said Officer is unable to effect service of the Order on those persons as required by
Section 9.8 above, the Officer shall place a placard, containing the terms of the Order in a
conspicuous place on the property, and the placing of the placard shall be deemed to be
sufficient service of the order on such persons.
9.10
Contents of Order
An Order issued under Section 9.8 shall state as follows: the municipal address or the legal
description of the subject property; reasonable particulars of the repairs to be effected or a
statement requiring the site to be cleared of all buildings, structures, debris or refuse and left in
a graded and levelled condition; a reasonable period in which there must be compliance with
the terms and conditions of the Order and notice that, if such repair or clearance is not so done
within the time specified in the Order, the Town may carry out the repair or clearance at the
expense of the owner; and the final date for giving notice of appeal from the Order.
9.11
Furnishing Copy of Order
No person shall sell, mortgage, lease or agree to sell, mortgage or lease any property in respect
of which an Order has been served under this By-law without furnishing the prospective
purchaser, mortgage or lessee with a true copy of such Order.
9.12
Registration of Order
The Order under Section 9.8 may be registered in the proper Land Titles Office against title to
the subject property, and when so registered, any person acquiring any interest in the said
property subsequent to the registration of the Order, shall be deemed to have been served with
the Order as of the date of which the Order was served.
When the requirements of an Order which has been registered on title have been satisfied, the
Clerk shall forthwith register a certificate indicating that such requirements have been satisfied
which shall operate as a discharge thereof.
9.13
Repairs Acceptable to the Trade
All repairs to any property shall be made in a manner that is accepted as good workmanship in
the respective building trades concerned and with materials that are suitable and sufficient for
the purpose.
9.14
Property Standards Committee
The Property Standards Committee for the purposes of this By-law shall be the Municipal
Council.
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9.15
Appeal to Property Standards Committee
When an owner or occupant upon whom an Order of the Officer has been served is not
satisfied with the terms or conditions of the Order, he may appeal to the Committee by
sending notice of appeal by registered mail to the Clerk within fourteen (14) days after service
of an Order and, if no appeal is taken, the Order shall be deemed to have been confirmed.
Where an appeal has been taken, the Committee shall hear the appeal and shall have all the
powers and functions of the Officer and may confirm the Order to demolish or repair or may
modify or quash it or may extend the time for complying with the Order provided that, in the
opinion of the Committee, the general intent and purpose of the By-law and the Official Plan
are maintained.
9.16
Appeal to Judge
The Corporation or any owner or occupant or person affected by a decision under Section
9.15 may appeal to a judge of the Ontario Superior Court of Justice by so notifying the Clerk in
the manner prescribed by the Building Code Act, as amended.
The Order, as deemed to have been confirmed or modified pursuant to Section 9.15 or, in the
event of an appeal to the Judge pursuant to this Section, as confirmed or modified by the
Judge, shall be final and binding upon the owner and occupant who shall make the repair or
effect the demolition within the time and in the manner specified in the Order.
9.17
Power of the Corporation to Repair or Demolish
If the Owner or occupant of any property fails to demolish the property or to repair in
accordance with an Order as confirmed or modified, the Corporation, in addition to all other
remedies, shall: have the right to demolish or repair the property accordingly and for this
purpose with its servants and agents from time-to-time to enter in and upon the property; not
be liable to compensate such owner, occupant or any other person having an interest in the
property by reasons of anything done by or on behalf of the Corporation under the provisions
of this Section; and have the right to recover from the owner of the property any amount
expended by or on behalf of the Corporation under the authority of this Section, together with
the applicable interest rate and/or penalty, which amounts may be added by the Treasurer to
the collectors roll and collected in like manner as municipal taxes.
9.18
Certificate of Compliance
Where an inspection of a property has taken place following a complaint, the Officer may, or
on the request of an owner, shall issue to the owner a Certificate of Compliance if, in his/her
opinion the matter complained of has been remedied in order to comply with the standards of
this By-law, and where it is issued at the request of the owner the fee payable therefore by the
owner to the Corporation as per Schedule "A".
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9.19(a) Duties:
(1)
Every owner shall ensure that his dwelling or property is maintained in accordance
with the provisions of this by-law.
(2)
Every person to whom an order is issued or who is required to do or abstain from
doing anything by, or pursuant to this by-law, shall obey such order or do or abstain
from doing such this required.
9.19(b) Penalties
Any person who contravenes any of the provisions of this By-Law is guilty of an offence and,
upon summary conviction thereof, shall be liable to a fine, exclusive of costs, of not more than
Five Thousand Dollars ($5000) for each day that the contravention has continued with the said
amount recoverable under the Provincial Offences
Every owner who contravenes an Order that is final and binding under this By-law is guilty of
an offence and is liable to a fine of not more than $2,000.00 for a first offence and to a fine of
not more than $10,000.00 for any subsequent offence as prescribed in the Building Code Act
and recoverable pursuant to the Provincial Offences Act, as amended, and all the provisions of
the said Act shall apply to any offence under the provisions of this By-law.
If a corporation is convicted of an offence the maximum penalty that may be imposed upon
the Corporation is $10,000.00 for a first offence and $50,000.00 for any subsequent offence as
prescribed in the Building Code Act recoverable pursuant to the Provincial Offences Act, as
amended and all provisions of the said Act shall apply to any offence under the provisions of
this By-law.
9.20
Emergency Order
Despite any other provisions of this Section, if upon inspection of a property the Officer is
satisfied there is non-conformity with the standards prescribed in the By-law to such extent as
to pose an immediate danger to the health or safety of any person, the Officer may make an
Emergency Order containing particulars of the non-conformity and requiring remedial repairs
or other work to be carried out forthwith to terminate the danger.
9.21
Emergency Powers
After making an Emergency Order under Section 9.20, the officer may, either before or after
the Emergency Order is served, take or cause to be taken any measures he or she considers
necessary to terminate the danger, and for this purpose the municipality has the right, through
its servant and agents, to enter in and upon the property from time to time.
−15−
9.22
No Compensation Where Reasonable Exercise of Powers
The Officer, the municipality or anyone acting on behalf of the municipality is not liable to
compensate the owner, occupant or any other person be reason of anything done by or on
behalf of the municipality in the reasonable exercise of its powers under Section 9.21.
9.23
Service of Emergency Order and Statement
Where the Emergency Order was not served before measures were taken by the Officer to
terminate the danger, as mentioned in Section 9.21, the Officer shall forthwith after the
measures have been taken, serve or send copies of the Emergency Order, in accordance with
Sections 9.8, 9.9 and 9.10 and each copy of the Emergency Order shall have attached thereto a
Statement by the Officer describing the measures taken by the municipality and providing
details of the amount expended in taking the measures.
9.24
Separate Service of Statement
Where the Emergency Order was served before the measures were taken, the Officer shall
forthwith after the measures have been taken, serve or send a copy of the Statement
mentioned in Section 9.23 in accordance with Sections 9.8., 9.9 and 9.10 on or to the owner of
the property and all persons mentioned in Section 9.5.
9.25
Recovery of Expense
Where the Town demolishes or repairs property as mentioned in Section 9.17 or takes
measures to terminate a danger as mentioned in Section 9.21 the Town may recover the
expense incurred in respect thereof by any or all of the methods provided for in Section 326 of
the Municipal Act.
9.26
Provisions Severable
It is hereby declared that each and every of the foregoing provisions of this By-law is severable
and that, if any provisions of this By-law should, for any reasons, be declared invalid by any
Court, it is the intention and desire of this Council that each and every of the then remaining
provisions hereof shall remain in full force and effect.
−16−
10.
By-law #799-06 be repealed and this By-law shall come into force and effect immediately on
the date of passing.
READ A FIRST TIME THIS 22ND DAY OF MARCH 2016
______________________________
______________________________
Mayor: Johanne Baril
Clerk: Christiane Potvin
READ A SECOND TIME THIS 22ND DAY OF MARCH 2016
______________________________
______________________________
Mayor: Johanne Baril
Clerk: Christiane Potvin
READ A THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF MARCH 2016
______________________________
_____________________________
Mayor: Johanne Baril
Clerk: Christiane Potvin
−17−
SCHEDULE "A"
PROPERTY STANDARDS FEE SCHEDULE
Code
2016 Fee
1
Temp Structures
TEMP
$ 34.00
2
Less than 100 sqft Building
SQFT
$ 34.00
3
Swimming Pools:
a) Inflatable above ground
b) Hard shell above ground
c) In-ground
IFP
HSP
IGP
$ 62.00
$ 99.00
$ 186.00
4
Ground MicroFIT
GSOLAR
$ 162.00
5
FIT
<1MW
1MW to 5MW
5MW to 10MW
10MW to 15MW
<1MW
<5MW
5-10 MW
10-15 MW
$ 1,379.00
$ 2,760.00
$ 5,520.00
$ 8,199.00
6
Inspection Request Commercial
IRC
$ 68.00
7
Inspection Request Residential
IRR
$ 39.00
−18−
SCHEDULE "B'
INSPECTION REQUEST
I, , am lodging a formal complaint under
the Property
Standards By-law, about the property at:
The complaint(s) include(s), but is/are not restricted to the following:
I, the undersigned, request that the property listed above be inspected by a Property Standards Officer
of the Township of Val Rita - Harty and to take whatever action necessary.
I, the undersigned, agree that if the Property Standards Officer, upon inspection of the property
above, determines that this complaint is frivolous and vexatious in manner and/or the conditions are
so minor as not to constitute any action under this By-law, I agree not to be reimbursed the fee paid in
advance for the inspection of the property (as set out in Schedule "A").
This agreement was made and hereby understood and agree to by the undersigned:
Signature
Telephone number
Address
Witness Print Name
Witness
Signature
On this day of , 201 .
−19−
SCHEDULE "C"
NOTICE OF APPEAL TO PROPERTY STANDARDS COMMITTEE
Ontario Building Code Act, 1992, S.O. 1992, c.23
Date:
Municipal Clerk
Property Standards Appeal Committee
Corporation of the Township of Val Rita - Harty
P.O.Box 100
Val Rita, Ontario
P0L 2G0
RE:
Order to Remedy Violation of Standards of Maintenance and Occupancy at
Description and location of property in violation:
TAKE NOTICE of the appeal of the undersigned to the Property Standards Committee because of
dissatisfaction with the above reference order to Remedy Violation of Standards of Maintenance and
Occupancy served upon the undersigned on , 201 .
Name:
Print name of owner or agent
Signature of owner or agent
Address:
Telephone number:
−20−
SCHEDULE "D"
Part I Provincial Offences Act
THE CORPORATION OF THE TOWNSHIP OF VAL RITA-HARTY
BY-LAW #1027-16
Being a by-law to provide standards for the maintenance and occupancy of property in the
Township of Val Rita-Harty
ITEM
COLUMN 1
Short form Wording
COLUMN 2
Provision creating or
defining offence
COLUMN 3
Set fine
1
Fail to maintain standards for
occupancy of property
s. 4.1
$ 500.00
2
Fail to maintain foundation walls
s. 4.2
$ 500.00
3
Fail to maintain exterior surfaces
s. 4.3
$ 500.00
4
Fail to maintain exterior walls
s. 4.4
$ 500.00
5
Fail to maintain floor, ceiling,
stairway, roof, balcony, porch
s. 4.5
$ 500.00
6
Fail to maintain windows and exterior
doors
s. 4.6
$ 500.00
7
Fail to maintain roof including facia
board
s. 4.7
$ 500.00
8
Fail to maintain chimney, smoke pipe,
flue or gas
s. 4.8
$ 500.00
9
Fail to submit inspection report
s. 4.9
$ 500.00
Note: the general penalty provision for the offences listed above is section 9.19 (b) of
by-law 1027-16, a certified copy of which has been filed