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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
BY-LAW NO. 98-105
(CONSOLIDATED as Amended by By-laws 99-11, 2001-03, 2009-27, 2015-93, 2022-
84 and 2025-24)
BEING A BY-LAW FOR PRESCRIBING STANDARDS FOR
THE
MAINTENANCE
AND
OCCUPANCY
OF
ALL
PROPERTY WITHIN THE TOWNSHIP OF WEST LINCOLN
AND PROHIBITING THE USE OF ANY PROPERTY THAT
DOES NOT CONFORM TO THE STANDARDS AND
REQUIRING SUCH PROPERTIES TO BE REPAIRED,
MAINTAINED
OR
CLEARED
OF
BUILDINGS,
STRUCTURES, DEBRIS OR REFUSE.
WHEREAS the Building Code Act, Sect. 15.1.(3), R.S.O. 1992, ch. 23, provides that a
by-law may be passed by the council of a municipality which has an official plan in place
that includes provisions relating to property conditions to prescribe standards for the
maintenance and occupancy of property within the Township of West Lincoln, to prohibit
the occupancy or use of property that does not conform with the standards and to
require property that does not conform with the conform with the standards to be
repaired and maintained to conform with the standards or the site to be cleared of all
buildings, structures, debris or refuse and left in graded and leveled condition;
AND WHEREAS there is such an Official Plan in effect in the Township of West Lincoln;
AND WHEREAS the Council of the Corporation of the Township of West Lincoln deems
it necessary to pass such a by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
WEST LINCOLN ENACTS AS FOLLOWS:
SECTION 1: GENERAL PROVISIONS
1.1
SHORT TITLE
1.1.1
This by-law shall be known as the "Property Standards By-Law"
1.2
DEFINITIONS:
In this by-law:
1.2.1
"Accessory" when used to describe a use, a building or a structure,
means a use, a building or a structure that is incidental, subordinate and
exclusively devoted to a main use, a building or a structure, located on the
same lot therewith and which is not used or intended for use as a human
habitation.
-cont.-
2
1.2.2
"Balustrade" means a protective barrier that acts as a guard 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.
1.2.3
"Basement" means that portion of a building between two floor levels,
with a minimum height of six feet four inches, which is partly underground,
but which has at least one-half of its height from finished floor to finished
ceiling above the average level of the adjoining ground.
1.2.4
"Bathroom" means a room containing at least a toilet, hand basin or
lavatory and bathtub or shower, or two rooms which contain in total at
least one toilet, hand basin or lavatory and one bathtub or shower.
1.2.5
"Bedroom" means a habitable room used for sleeping purposes.
1.2.6
"Boarder" shall mean a person who is provided with meals or room and
meals, regularly for pay.
1.2.7
"Boarding House" shall mean a house where meals or lodging and
meals are provided for pay.
1.2.8
"Cellar" means that portion of a building between two floor levels with a
minimum height of 1.93 m (6'-4"), which is partially or completely
underground and which has more than one-half of its height from floor to
ceiling below finished grade.
1.2.9
"Committee" means the committee as defined by the Building Code Act,
R.S.O. 1992, ch. 23.
1.2.10
"Corporation" means the Corporation of the Township of West Lincoln.
1.2.11
"Crawlspace" means that portion of a building between two floor levels,
or between a floor level and the ground, with a height of less than 1.93 m
(6'-4").
1.2.12
"Dwelling" means a building or structure, any part of which is used or
intended to be used for the purposes of human habitation and includes a
building that would be used or would be intended to be used for such
purposes except for its state of disrepair.
1.2.13
"Dwelling Unit" means one or more rooms connected together as a
separate unit in the same structure and constituting an independent
housekeeping unit for residential occupancy by human beings, for living
and sleeping purposes.
-cont.-
3
1.2.14
"Fire Resistance Rating" means time in hours or parts thereof that a
material, construction or assembly will withstand fire exposure, as
determined in a fire test made in conformity with generally accepted
standards as stated in the Ontario Building Code.
1.2.15
"Habitable Room" means any room in a dwelling unit used or intended to
be used for living, sleeping, cooking or eating purposes, with a minimum
height of 1.93 m (6'-4") except hereinafter expressly provided.
1.2.16
"Lodging House" or "Rooming House" shall mean any house or other
building or portion thereof in which persons are harboured, received or
lodged for hire, but does not include a hotel, hospital, home for the young
or the aged, or institution, provided the hotel, hospital, home or institution
is licensed, approved or supervised under any general or specific Act.
1.2.17
"Medical Officer of Health means the Medical Officer of Health for the
Regional Municipality of Niagara.
1.2.18
"Multiple Attached Dwelling" means a building that is divided vertically
into more than two dwelling units, each of which has an independent
entrance and shall include terrace housing and row housing.
1.2.19
"Multiple Dwelling" means a building containing three or more dwelling
units.
1.2.20
"Non-habitable Room" means any room in a dwelling or dwelling unit
other than a habitable room and includes any bathroom, toilet room,
laundry,
pantry,
lobby,
communicating corridor,
stairway,
closet,
crawlspace, boiler room or other space for service and maintenance of the
dwelling or for public use, or for access, or for vertical travel between
storeys.
1.2.21
"Occupant" means an occupant as defined by the Building Code Act,
R.S.O. 1992, ch.23.
1.2.22
"Officer" means an officer as defined by the Building Code Act, R.S.O.
1992, ch.23.
1.2.23
"Owner" means an owner as defined by the Building Code Act, R.S.O.
1992, ch.23.
1.2.24
"Person" means and includes an individual, firm and corporation.
1.2.25
"Property" means a building or structure or part of a building or structure,
and includes the lands and premises appurtenant thereto and all mobile
homes, mobile buildings, mobile structures, outbuildings, fences and
-cont.-
4
erections thereon whether heretofore or hereafter erected, and includes
vacant property. (Amended by By-law 2015-93)
1.2.26
"Repair" means repair as defined by the Building Code Act, R.S.O. 1992,
ch.23.
1.2.27
"Roomer" or "Lodger" shall mean a person harboured, received or
lodged in a lodging house in return for compensation.
1.2.28
"Semi-detached Dwelling" means a building vertically divided into two
separate dwelling units, each of which has an independent entrance.
1.2.29
"Toilet Room" means a room containing a water closet or toilet.
1.2.30
"Vehicle" means a motor vehicle, trailer, boat, motorized snow vehicle
and any mechanical equipment drawn, propelled or driven by any kind of
power including muscular power.
1.2.31
"Yard" means land appurtenant to a building or structure and used or
intended to be used or capable of being used in connection therewith.
1.3
INTERPRETATION
1.3.1
In this by-law, "property", as defined in Section 1.2.25, is further divided
into the following classes:
(a)
"non-residential property" which means property other than
residential property and vacant land;
(b)
"residential property" which means property which is occupied
or capable of being occupied in whole or in part for the purposes of
human habitation; and
(c)
"vacant land" which means property on which there are no
buildings of any kind.
1.3.2
In this by-law, statutory references are to statutes of Ontario and the
regulations made thereunder and shall be deemed to refer to such
statutes and regulations as amended, consolidated, re-enacted and in
force from time to time.
1.3.3
In this by-law, the word "section" may be applied to any numbered or
lettered provision of this by-law and shall, as the context may require,
mean and include:
(a)
an entire section including all its subsection;
(b)
a particular subsection of a section; or
-cont.-
5
(c)
a particular sub-clause or subdivision of a subsection.
1.3.4
This by-law shall be read with all changes of gender and number required
by the context or circumstances.
1.4
APPLICATION
1.4.1
The property standards set forth in Section 2 of this by-law are hereby
prescribed as minimum standards for the maintenance and occupancy of
all residential property in the Township of West Lincoln.
1.4.2
The property standards set forth in Section 3 of this by-law are hereby
prescribed as minimum standards for the maintenance and occupancy of
all non-residential property in the Township of West Lincoln.
1.4.3
The property standards set forth in Section 4 of this by-law are hereby
prescribed as the minimum standards for the maintenance of all vacant
land in the Township of West Lincoln.
1.4.4
Shall maintain such property to the applicable minimum standards
prescribed by this by-law.
1.4.5
Where, because of non-conformity to the applicable standards, or any of
them, prescribed by this by-law, the occupancy or use of any property in
the Township of West Lincoln is, in the opinion of the officer, hazardous
to the occupants or the public, such occupancy or use is prohibited until
the property is brought into conformity with applicable standards.
1.4.6
Where any property within the Township of West Lincoln does not
conform to the applicable standards set forth in this by-law or any of
them, the owner of such property shall:
(a)
repair and thereafter maintain such property to conform to
such standards; or
(b)
where conformity to such standards cannot be effected by
repairs, clear the site of all buildings, structures, debris and
refuse, and leave such site in a graded and leveled condition.
1.4.7
All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship
within the trades concerned. All new construction or repairs shall conform
to the Ontario Building Code and is subject to the applicable permits.
SECTION 2: RESIDENTIAL PROPERTY STANDARDS
2.1
Pest Prevention
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6
2.1.1
Dwellings shall be kept free of rodents, vermin and insects. Methods
used for exterminating rodents, vermin or insects shall be in accordance
with the provisions of the Environmental Protection Act and the Pesticides
Act.
2.1.2
Basement or cellar windows used or required for ventilation, and every
other opening in a basement, cellar or crawlspace which might permit
the entry of rodents, vermin and insects, shall be screened with wire mesh
or such other materials as will effectively exclude the same.
2.2
Foundations
2.2.1
Foundation walls and basement, cellar and crawlspace floors of a
dwelling shall be maintained in good repair and structurally sound
condition, so as to prevent dangerous settlement or entrance of moisture,
rodents, vermin and insects. Without restricting the generality of this
section, maintenance shall include shoring of foundations, installing
subsoil drains and footings, grouting masonry cracks and waterproofing of
walls and floors.
2.2.2
Basements and cellars served by a stairway leading from within or from
outside a dwelling shall have a concrete floor. When required for
drainage, floor drains shall be located at the lowest point of the floor
connected to the sewerage system.
2.3
Structural Soundness
2.3.1
Every part of dwelling shall be maintained in a structurally sound
condition so as to be capable of sustaining safely its own weight and any
additional load to which it normally may be subject.
2.3.2
Materials which have been damaged or show evidence of dry rot or
deterioration shall be repaired or replaced in a workmanlike manner.
2.4
Maintenance
2.4.1
Every floor, exterior wall, roof and porch of a dwelling shall be so
maintained as to prevent collapse or injury to the occupants or to the
public.
2.5
Exterior Surfaces
2.5.1
Exterior walls of a dwelling and their components shall be maintained to
prevent their deterioration due to weather and insects, where necessary
-cont.-
7
by painting, restoring and repairing walls, coping and flashing,
waterproofing of joints and installation and repair of termite shields.
2.5.2
Exterior parts of a dwelling shall be kept free of objects or materials
improperly secured. Such objects or material shall be removed, properly
secured or replaced.
2.6
Roofs
2.6.1
Roofs of dwellings shall be maintained in a watertight condition to prevent
leakage of water into the dwelling, where necessary by the repair of roofs
and flashing and application of waterproofed coatings and coverings.
2.6.2
Eavestrough and downspouts or equivalent roof drains shall be installed.
The roof drainage shall be discharged into a storm drainage system when
permitted or, the roof drainage shall be discharged onto the ground away
from the building onto the lands, and providing that it does not adversely
affect adjacent properties.
2.7
Dampness
2.7.1
Floors, ceilings and walls of every dwelling shall be kept free of moisture,
dampness and fungus growths.
2.8
Weatherproofing
2.8.1
Windows, exterior doors and basement or cellar hatchways shall be
maintained in good repair so as to prevent the entrance of wind and rain
into the dwelling. Rotted or damaged doors, door frames, window frames,
sashes and casings shall be renewed. Missing or defective door and
window hardware, weather stripping and broken window glass shall be
replaced.
2.9
Inside and Outside Stairs
2.9.1
Every inside or outside stair, porch, balcony or landing actually in use or
available for use shall be maintained in good repair so as to be free of
holes, cracks or other defects constituting possible accident hazards. All
treads or risers that show excessive wear or are broken, warped or loose
and all supporting structural members that are rotted or deteriorated shall
be repaired or replaced.
2.9.2
Every stairwell or open stairway with three or more risers leading to a
higher storey or to a basement and every porch, balcony, landing, raised
floor, mezzanine, gallery, bridge, exterior passageway, or other location
more than twenty-four inches above an adjacent surface, shall be
-cont.-
8
equipped with hand rails or balustrades, maintained in good repair so as
to provide adequate protection against accident or injury.
2.10
Walls and Ceilings
2.10.1
Every wall and ceiling in a dwelling unit shall be maintained so as to be
easily cleaned and shall be maintained in good repair with respect to fire
safety, that is, free of holes, cracks, loose covering or other defects which
would permit flame, excessive heat or water to enter a concealed space.
2.10.2
Interior finish materials for acoustical correction, surface insulation,
decorative treatment on the surface of walls and ceilings and interior trim
shall be of material that will not, in burning, give off excessive amounts of
smoke or objectionable gases injurious to health.
2.10.3
Walls around a bathtub or shower shall be so maintained as to be water
resistant and readily cleaned.
2.11
Doors
2.11.1
Existing doors and frames shall be maintained in a sound operating
condition.
2.11.2
At least one entrance door in every dwelling unit shall be capable of
being locked from both inside and outside but readily openable from the
inside without the use of keys.
2.11.3
New doors shall comply with the requirements of the Ontario Building
Code.
2.12
Floors
2.12.1
Crawlspaces shall have a floor or ground cover in compliance with the
Ontario Building Code.
2.12.2
Every floor in a dwelling shall be smooth and level and shall be
maintained in good repair, free of all loose, warped, broken or rotted
boards, protruding, damaged or deteriorating surfaces, surfaces in a
dangerous condition, or surface that might admit rodents. All defective
floor boards shall be repaired or replaced.
2.12.3
Where floor boards have been covered with linoleum or some other
covering that has become worn or torn so that it retains dirt, or may cause
accident, the linoleum or other covering shall be repaired, replaced or
removed.
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9
2.12.4
The floor of every bathroom shower and toilet room shall be so
maintained as to be water resistant and readily cleaned.
2.13
General Cleanliness
2.13.1
Every floor, wall, ceiling, furnishing and fixture in a dwelling shall be
maintained in a sanitary condition, and the dwelling shall be kept free
from rubbish and debris.
2.14
Storage Space
2.14.1
Every dwelling unit shall be provided with space for the general storage
of linen and clothes. This may include free standing wardrobes and/or
satisfactory hook racks.
2.14.2
Every dwelling unit shall be provided with space for general storage. In a
multiple dwelling such space may be in a communal general storage
area.
2.15
Access to Enclosed Space
2.15.1.1
An access opening of a t least 550 mm (22") by 700 mm (2'-4") shall be
provided to every crawlspace or other enclosed space, and to every attic
and roof space exceeding 600 mm (2'-0") in height.
2.16
Water
2.16.1
Every dwelling unit shall be provided with an adequate supply of potable
running water from a source approved by the Medical Officer of Health.
2.16.2
Every sink, wash basin, bathtub or shower, required by this by-law shall
have an adequate supply of hot and cold running water.
2.16.3
Every water heater installed for the purpose of supplying hot running water
to the occupants of a dwelling unit shall be capable of heating water to a
temperature of 49 degrees Celsius (120 degrees Fahrenheit).
2.17
Sewerage System
2.17.1
Every plumbing fixture in every dwelling shall discharge grey water,
liquids or sewage into drainage piping which shall be connected to a
sewage system. (Amended by By-law 2009-27)
2.17.2
Section 2.17.1 above does not apply to roof drainage or sump pump
discharge. These fixtures should discharge in accordance with
Section 2.28.3. (Amended by By-law 2009-27)
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10
2.18
Plumbing
2.18.1
All plumbing, drain pipes, water pipes and plumbing fixtures in every
dwelling and every connecting line to the sewerage system shall be
maintained in good repair, free from leaks and defects and all water pipes
and appurtenances thereto shall be protected from freezing.
2.18.2
All plumbing, plumbing fixtures and piping shall conform to the Ontario
Building Code.
2.19
Toilet, Kitchen and Bathroom Facilities
2.19.1
Every dwelling unit (except as otherwise provided in sections 2.19.2 and
2.19.3) shall contain plumbing fixtures consisting of at least one of each of
the following:
(a)
a toilet or water closet;
(b)
a kitchen sink;
(c)
a bathtub or shower and;
(d)
hand basin
2.19.2
The occupants of not more than two legal non-conforming dwelling
units, as defined in the applicable area zoning by-law, may share a single
bathroom provided:
(a)
a total of not more than ten persons occupy the dwelling units,
and;
(b)
access to the bathroom can be gained without passing through;
(i)
a habitable room of another dwelling unit, or
(ii)
an open area which is not normally heated during the
season in which heat is required.
2.19.3
Where a dwelling unit contains rooms intended to be used in conjunction
with a rooming or lodging house, the occupants may share a single
bathroom provided that:
(a)
a total of not more than ten persons occupy the dwelling units,
and
(b)
for each additional ten persons or part thereof, there shall be an
additional toilet and bathtub or shower, and
(c)
access to the bathroom can be gained without passing through
(i)
a habitable room of another dwelling unit, or
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11
(ii)
an open area which is not normally heated during the
season in which heat is required.
2.19.4
All bathrooms and toilet rooms shall be located within and accessible
from within the dwelling.
2.19.5
All bathrooms and toilet rooms shall be fully enclosed so as to provide
privacy for the occupant.
2.19.6
No toilet or urinal shall be located within a room that is used for:
(a)
the preparation, cooking, storing or consumption of food or;
(b)
sleeping purposes.
2.20
Kitchen Facilities
2.20.1
A cooking space with an adequate and approved heat supply shall be
provided for each dwelling unit.
2.20.2
There shall be a clear space above any exposed cooking surface of a
cooking apparatus at least 600 mm (2'-0") high. The cooking apparatus
shall conform to the appropriate provincial regulations governing the type
of fuel being used.
2.21
Heating System
2.21.1
Every dwelling shall be provided with a heating system capable of
continuously maintaining a room temperature under all conditions, of 21
degrees C. (70 degrees F.) in all habitable rooms, bathrooms and toilet
rooms, (unless otherwise permitted by the Medical Officer of Health),
between the 15th day of September in each year and the 31st day of May
of the following year.
2.21.2
The heating system required by Section 2.21.1 shall be maintained in
good working condition so as to be capable of heating the dwelling safely
to the required standard.
2.21.3
No room heater shall be placed:
(a)
so as to constitute a fire hazard to walls, curtains or furniture;
(b)
so as to impede free movement of persons in the room; or;
(c)
in such location that nearby combustible materials or structural
members exceed a safe temperature.
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12
2.21.4
All heating and cooking apparatus or equipment involving combustion
shall be properly connected, by rigid and permanently sealed connections:
(a)
to a chimney or flue which provides sufficient outlet for the escape
of all noxious gases; and
(b)
to the supply line.
2.21.5
Solid fuel-fired barbecues shall not be used within a multiple dwelling,
nor on the balconies thereof.
2.22
Furnace Room - Air Supply and Fuel Storage
2.22.1
In multiple dwellings with a common central heating system, such
system shall be located in a separate room, having floors, walls, ceiling
and doors with a fire resistance rating of not less than one hour. The
room shall not be used for the storage of fuels or any other material and
shall be kept clear of all debris and rubbish.
2.22.1.1
Notwithstanding Section 2.22.1, where any part of a basement or cellar
of a multiple dwelling is used as a habitable room, such habitable
room shall be separated:
(a)
from a common central heating system and water heating
system by a fire separation having a fire resistance rating of at
least one hour; and
(b)
from an incinerator by a fire separation having a fire resistance
rating of at least two hours.
2.22.2
A space that contains a heating unit shall have natural or mechanical
means of supplying air by ventilation duct from out of doors in such
quantities as to provide adequate combustion.
2.22.3
Where a heating system, or part of it, or any auxiliary heating system,
burns solid or liquid fuel, a space or receptacle for the storage of the fuel
shall be provided and maintained in a convenient location and properly
constructed so as to be free from fire or accident hazards.
2.22.4
Fire dampers, where required, shall be installed and maintained in
compliance with the Ontario Building Code.
2.23
Chimneys
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13
2.23.1
Any mechanism or structure used in the process of burning fuel or
combustible material shall be properly vented to the outside air by means
of a smoke pipe, vent pipe or similar adequate chimney subject to Section
2.21.4.
2.23.2
Every chimney, smoke pipe, flue and gas vent actually in use or available
for use on a dwelling, shall be maintained so as to prevent the escape of
gases into the dwelling. Without limiting the generality of the foregoing,
maintenance shall include keeping all open joints sealed, and repairing all
broken and loose masonry. Every chimney, smoke pipe, flue and gas
vent on a dwelling shall be installed and maintained so that under all
conditions of use, the temperature of any combustible material adjacent
thereto, insulated therefrom, or in contact therewith, does not exceed a
safe temperature.
2.23.3
Every chimney, smoke pipe, flue and gas vent actually in use or available
for use shall be kept clear of obstruction.
2.24
Fireplaces
2.24.1
Fireplaces and similar installations used or intended to be used for burning
fuels in open fires, shall be connected to approved chimneys, smoke
pipes, flues and gas vents, and shall be installed so that nearby adjacent
combustible material and structural members shall not be heated beyond
a safe temperature.
2.25
Electrical Service Installation
2.25.1
Electrical wiring conduit and electrical services in every dwelling shall be
in compliance with and maintained according to the regulations made by
Ontario Hydro pursuant to the Power Commission Act, and lighting
equipment shall be installed throughout the dwelling so as to provide
adequate illumination for intended use of each space.
2.25.2
Fuses or overload devices shall not exceed limits set by Ontario Hydro.
2.25.3
In every dwelling, an adequate and safe illuminating device shall be
installed in every bathroom, toilet room, laundry room, furnace room and
kitchen.
2.25.4
All common halls and stairs in multiple dwellings shall be continuously
lighted by a minimum of ten foot candles of light.
2.26
Ventilation
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14
2.26.1
Every habitable room other than a living room or a dining room, shall
have an opening or openings for natural ventilation, and such opening or
openings shall have a minimum aggregate unobstructed free flow area
conforming to the Ontario Building Code, and shall be located in the
exterior walls or through skylight openings of roof ventilators. Openings
shall be adequately screened to prevent the entry of insects.
2.26.2
An opening for natural ventilation may be omitted if mechanical ventilation
is provided which changes air once each hour.
2.26.3
Every bathroom or room containing a toilet or urinal shall be provided
with an opening or openings for natural ventilation located in an exterior
wall or through skylight openings. All such openings shall have a
minimum aggregate, unobstructed free flow conforming to the Ontario
Building Code. Openings shall be adequately screened to prevent the
entry of insects, vermin and rodents.
2.26.4
An opening for natural ventilation may be omitted from a bathroom or
room containing a toilet or urinal, where a system of mechanical
ventilation has been provided such as an exhaust fan with a duct leading
to outside the building.
2.26.5
All systems of mechanical ventilation shall be maintained in good repair.
2.26.6
Every basement, cellar or crawlspace shall be vented to the outside air
by means of screen windows which can be opened, or by louvers with
screen openings, the area of which shall not be less than 900 cm² (1 sq.
ft.) for every 46 m² (500 sq. ft.) of enclosed area.
2.26.7
Every insulated enclosed attic or roof space shall be vented by openings
to the exterior in conformance with the Ontario Building Code. Vents may
be of roof, eave or gable end type or any combination thereof.
2.27
Maintenance of Yards
2.27.1
In this section "unsightly object" shall mean and include any of the
following: used lumber, used building materials, rubble, trash, brush,
discarded furniture, disused household equipment and appliances, ashes,
waste paper and inoperative or derelict motor vehicles, trucks and trailers;
disused machinery, machinery parts and automotive parts and any other
rubbish, debris, object or condition which might constitute a health or
accident hazard.
2.27.1.1
In Sections 2.27.1 and 2.27.2 the words "inoperative or derelict motor
vehicles" mean and include any motor vehicle other than a motor vehicle
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15
which is currently licensed and operable and regularly driven by an owner
or occupant of the property on which it is stored.
2.27.2
Notwithstanding Section 2.27.1, used lumber, used building materials,
inoperative or derelict motor vehicles, trucks and trailers; disused
machinery, machinery parts and automotive parts shall be deemed not to
be unsightly objects if:
(a)
kept or stored on a farm;
(b)
used for replacement parts in the farm operations; and
(c)
where located within 153 m (500 ft.) from any neighbouring
residential dwelling, are adequately screened by fencing or
landscaping from such dwelling.
2.27.3
No unsightly object shall be stored or maintained outside in any front, side
or rear yard.
2.27.4
All yards shall be kept free from excessive growth of weeds and grasses.
Noxious weeds, as defined under the Weed Control Act, shall be
eliminated from all yards.
2.28
Drainage
2.28.1
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 recurrent ponding or the entrance of water into a
basement or cellar.
2.28.2
Sewage shall be discharged into the sewerage system as provided in
Section 2.17.1. Sewage of any kind shall not be discharged onto the
surface of the ground whether into a natural or artificial surface drainage
system or otherwise.
2.28.3
Roof drainage and discharge from a sump pump shall not be
permitted to discharge to a sidewalk, stair, neighbouring property,
street or sanitary sewage system and municipal lands." Amended by
By-law 2025-24"
2.29
Walks
2.29.1
A hard surfaced walk shall be provided from every dwelling unit to the
street, or to a hard surfaced driveway that connects to the street.
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16
2.29.2
Steps, walks, driveways, parking spaces and similar areas of the yard
shall be maintained so as to afford safe passage under normal use and
weather conditions.
2.30
Fences and Accessory Buildings
2.30.1
Accessory buildings and all fences shall be kept in good repair and free
from health or accident hazards and shall be protected by paint,
preservative or other weather resistant material.
2.30.2
Where an accessory building or a yard is found to harbour noxious
insects or rodents, all necessary steps shall be taken to eliminate such
insects or rodents, and to prevent their recurrence.
2.30.3
Every accessory building or fence not maintained in accordance with
these standards, shall be repaired or removed.
2.31
Garbage Disposal
2.31.1
Every dwelling and every dwelling unit within the dwelling shall be
provided with sufficient receptacles for all garbage, rubbish and ashes.
2.31.2
All household garbage and other refuse shall be stored in a sanitary
manner in plastic bags or other containers and made available for removal
and shall not be permitted to accumulate and remain on the premises to
an extent or for a length of time which might constitute a health or accident
hazard.
2.31.3
Outside receptacles shall be:
(a)
made of water-light construction;
(b)
provided with a cover adequate to prevent the escape of garbage,
refuse and debris; and
(c)
maintained in a clean state.
2.32
Occupancy Standards
2.32.1
The maximum number of occupants in a dwelling unit shall not exceed
one person per 10 m² (107 sq. ft.) of habitable room floor area.
2.32.2
For the purpose of computing habitable room floor area, the floor area
under a ceiling which is less than 1.93 m (6'-4") high shall not be counted
unless there is a sloping ceiling, in which case the habitable room floor
area shall be calculated in accordance with the Ontario Building Code.
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17
2.32.3
A hallway shall not be used as a bedroom, nor counted as a habitable
room.
2.32.4
Every room in a dwelling used as a bedroom shall have:
(a)
a minimum width of 2 m (6'-6");
(b)
a minimum floor area shall be calculated in accordance with
Section 2.32.2 and shall conform to the Ontario Building Code; and
(c)
a ceiling height of 1.93 m (6'-4") over at least one-half the required
minimum floor area.
2.32.5
A non-habitable room shall not be used as a habitable room.
2.32.6
In multiple dwellings, each habitable room shall be separated from the
common central heating system, water heating system and incinerator by
a fire separation having a fire resistance rating of at least one hour,
subject to Section. 2.22.1.1.
2.33
Protective Guards in Multiple Dwellings exceeding Three Storeys in
Building Height
2.33.1
Guards providing adequate protection against accident or injury shall be
provided and maintained in good repair for all unprotected openings and
open spaces in multiple dwellings exceeding three storeys in building
height in the following locations:
(1)
Around every roof to which access is provided for other than
maintenance;
(2)
Around every raised floor, mezzanine, balcony, gallery, bridge,
exterior passageway or other location when the difference in
elevation between floor levels or between floor and ground levels is
greater than 600 mm (24");
(3)
Around every open side of a landing in a public stairway;
(4)
Across every window or glass panel in an exit stairway, public
hallway or corridor or any area accessible to the public that extends
to less than 1070 mm (42") above the stairs, landing or floor; and
(5)
Across any window located more than 1.83 m (6'-0") above the
ground level and that extends within 760 mm (30") of the floor
unless such window has fixed glazing.
2.33.2
In lieu of the protective guard specified in Section 2.33.1, opening
windows within a dwelling unit may be equipped with latching or
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18
automatic engaging devices to control the window openings and screens,
provided that such windows and devices are manufactured to the
appropriate specifications set forth in the Ontario Building Code.
SECTION 3: NON-RESIDENTIAL PROPERTY STANDARDS
3.1
Maintenance of Yards
3.1.1
All yards shall be kept clean and free from rubbish or other debris, and
from objects or conditions that might create a health or accident hazard.
3.1.2
All yards shall be kept free from excessive growth of weeds and grasses.
Noxious weeds as defined under the Weed Control Act shall be eliminated
from all yards.
3.1.3
No vehicle which is in a wrecked, discarded, dismantled or inoperative
condition, and no mechanical equipment, automotive and mechanical
parts shall be parked, stored or left in the yard unless such vehicles,
mechanical equipment, automotive and mechanical parts are required for
business purposes as part of a business lawfully carried on.
3.1.4
Steps, walks, driveways, parking spaces and similar areas of the yard
shall have a stable, dust-free surface and shall be maintained so as to
afford safe passage under normal use and weather conditions.
3.1.5
Lawns, hedges and bushes shall:
(a)
be kept trimmed, and;
(b)
not be overgrown or unsightly.
3.1.6
Yards shall be cultivated or protected by suitable ground cover which
prevents the erosion of the soil.
3.2
Sewage and Drainage
3.2.1
Sewage or organic waste shall be discharged into a sewerage system.
3.2.2
Rain water from a roof having an area of 46 m² (500 sq. ft.) or more shall
be conveyed to a storm sewer or, if such storm sewer is not available,
shall be disposed of in such manner as not to create a nuisance.
3.2.3
Storm water shall be drained from a yard so as to prevent recurrent
ponding or the entrance of water into a basement or cellar.
3.2.4
Roof drainage or surface water shall:
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19
(a)
be drained from the lands so as to prevent recurrent ponding or
entrance of water into a basement or cellar, and;
(b)
not be channelled to discharge on sidewalks, stairs, or
neighbouring property.
3.2.5
Sub-surface drainage shall be installed where there is recurring excessive
ponding caused by surface water.
3.3
Accessory Buildings
3.3.1
An accessory building shall be kept:
(a)
in good repair;
(b)
free from health and accident hazards, and;
(c)
protected by paint, preservative or other weather-resistant material.
3.4
Fences
3.4.1
A fence or retaining wall shall be:
(a)
installed around the parking area of drive-in eating establishments
except at the private approaches, and;
(b)
constructed in such a manner as to prevent cartons, wrappers,
paper, rubbish and debris from blowing onto adjoining property.
3.4.2
All fences around or on non-residential property shall be:
(a)
kept in good repair;
(b)
free from accident hazards; and
(c)
protected by paint, preservative or other weather-resistant material.
3.5
Signs
3.5.1
All signs and billboards shall be maintained in good repair. Any signs
which are excessively weathered or faded, and those upon which the paint
has excessively peeled or cracked shall, with their supporting members,
be removed or put into a good state of repair.
3.6
Garbage Disposal
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20
3.6.1
Every building shall be provided with sufficient receptacles to contain all
garbage, rubbish, ashes and trade waste.
3.6.2
Receptacles shall be acceptable plastic bags or other containers that are:
(a)
made of water-tight construction;
(b)
provided with a tight-fitting cover; and
(c)
maintained in a clean state.
3.6.3
Plastic bags shall not be stored outdoors unless protected from damage.
3.6.4
Every building shall be provided with rodent-proof storage space for
garbage and trade waste.
3.6.5
Containers shall be made available for the disposal of refuse which may
be discarded by customers and yards shall be kept free of such refuse.
3.7
Pest Prevention
3.7.1
Property 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.
3.7.2
A basement or cellar window used or required for ventilation and any
other opening in a basement or cellar, including a floor drain that may
permit the entry of rodents, shall be screened with wire mesh, metal grill or
other durable material as will effectively exclude rodents.
3.8
Basement Floors
3.8.1
Any basement, cellar or crawlspace not served by a stairway leading
from the building or from outside the building may have a dirt floor
provided it is covered with a moisture-proof covering.
3.8.2
Basements and cellars which are served by a stairway leading from the
building or from outside the building shall have a concrete floor and, where
required, with a floor drain located at the lowest point of said floor and
connected to a sewerage system.
3.8.3
A concrete floor in a basement or cellar shall be free from major cracks,
breaks or other hazardous conditions.
3.9
Foundations
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21
3.9.1
Foundation walls shall be maintained in good repair and structurally
sound and when required shall be so maintained by shoring of the walls,
installing and subsoil drains at the footing, grouting masonry cracks,
parging and waterproofing.
3.9.2
Every building, unless of the slab-on-grade type, shall be supported by
foundation walls or piers which extend below the frost line or to solid rock.
3.9.3
All footings, foundation walls, piers, and slab-on-grade shall be of masonry
or other suitable material.
3.9.4
Subsections 3.9.2 and 3.9.3 do not apply to accessory buildings.
3.10
Structural Soundness
3.10.1
Every part of a building shall be maintained in a structurally sound
condition so as to be capable of sustaining safely its own weight and any
load to which it may be subject.
3.10.2
Materials or objects which have been damaged or show evidence of rot or
other deterioration shall be repaired or replaced.
3.11
Exterior Surfaces
3.11.1
All exterior surfaces shall be of materials which by themselves or when
treated provide adequate protection from the weather.
3.11.2
Exterior walls and their components shall be maintained so as to prevent
their deterioration due to weather or insects, and shall be so maintained
by:
(a)
painting, restoring or repairing of walls, coping or flashing, and;
(b)
waterproofing of joints and of the walls themselves.
3.11.3
All canopies, marquees, signs, awnings, stairways, fire escapes, stand
pipes, exhaust ducts and similar overhead extensions shall be:
(a)
maintained in good repair;
(b)
properly anchored, and;
(c)
protected from the elements and against decay and rust by the
periodic application of a weather coating material such as paint or
other protective treatment.
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22
3.11.4
All air conditioners which are installed and operated directly over a public
sidewalk shall be equipped with proper devices for the prevention of
condensation drainage upon the sidewalk.
3.11.5
All air conditioners shall be maintained in a safe mechanical and electrical
condition.
3.12
Roofs
3.12.1
Roofs, cornices and flashing shall be maintained in a watertight condition
so as to prevent leakage of water into the building.
3.13
Dampness
3.13.1
Interior floors, ceilings and walls shall be kept free from dampness arising
from the entrance of moisture through an exterior wall or a roof, or through
a cellar, basement or crawlspace floor.
3.14
Doors and Windows
3.14.1
All exterior openings for doors and windows shall be fitted with doors and
windows.
3.14.2
Windows, exterior doors and basement or cellar hatchways shall be
maintained in good repair so as to prevent the entrance of wind or rain
into the building.
3.14.3
Doors,
door
frames,
window
frames,
sashes,
casings
and
weatherstripping that have been damaged or show evidence of rot or
other deterioration shall be painted, repaired or replaced.
3.14.4
Broken glass and missing or defective door and window hardware shall be
repaired or replaced.
3.14.5
All windows intended to be opened and all exterior doors shall have
hardware capable of being locked or otherwise secured from inside the
building, but readily openable from inside without the use of keys.
3.15
Stairs, Porches and Balconies
3.15.1
Every inside or outside stair, porch, balcony or landing actually in use or
available for use shall be maintained in good repair so as to be free of
holes, cracks or other defects constituting possible accident hazards. All
treads or risers that show excessive wear or are broken, warped or loose,
and all supporting structural members that are rotted or deteriorated, shall
be repaired or replaced.
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23
3.16
Balustrades and Handrails
3.16.1
Every stairwell or open stairway with three or more risers leading to a
higher storey or to a basement, and every porch, balcony, landing, raised
floor, mezzanine, gallery, bridge, exterior passageway, or other location
more than 600 mm (24") above an adjacent surface, shall be equipped
with hand rails or balustrades, maintained in good repair so as to provide
adequate protection against accident or injury.
3.17
Walls and Ceilings
3.17.1
Every wall and ceiling shall be:
(a)
maintained so as to be easily cleaned, and
(b)
free of holes, cracks, loose coverings or other defects.
3.17.2
Where occupancies are separated vertically, the dividing walls shall be as
required by the Ontario Building Code.
3.17.3
Where residential and non-residential occupancies are separated
horizontally, there shall be a finished ceiling separating these
occupancies, which shall be as required by the Ontario Building Code.
3.18
Floors
3.18.1
Every floor shall be smooth and level and maintained in good repair free of
all loose, warped, protruding, broken or rotted boards that may cause an
accident or allow dirt to accumulate.
3.18.2
Where floor boards have been covered with linoleum or some other
covering that has become worn or torn so that it retains dirt or may cause
an accident, such other covering shall be repaired, replaced or removed.
3.18.3
Every toilet room shall have a floor of water repellant construction.
3.19
Cleanliness
3.19.1
Every floor, wall, ceiling, fixture, appliance and equipment shall be
maintained in a clean and sanitary condition as is appropriate to the use
which is being made of the building.
3.19.2
The building shall be kept free from rubbish, debris or any condition which
constitutes a health or accident hazard.
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24
3.20
Egress
3.20.1
There shall be provided two means of egress from every floor area, where
in the opinion of an officer, the existing exists are inadequate for the safety
of every person in the building.
3.20.2
All means of egress shall be:
(a)
maintained in good repair, and;
(b)
free of objects or conditions which constitute an accident or other
hazard.
3.21
Heating System
3.21.1
Where persons are employed in duties and operations in an enclosed
space or room within a building and not engaged in physical activity, the
heating equipment shall be capable of providing sufficient heat in every
space or room to maintain a temperature of not less than 21 degrees
Celsius (70 degrees Fahrenheit) during normal working hours.
3.21.2
The heating system required by subsection 3.21.1 shall be maintained in
good working condition so as to be capable of heating the building safely
to the required standard.
3.21.3
Auxiliary heaters shall not be used as a primary source of heat.
3.21.4
A room heater shall not be placed so as to:
(a)
cause a fire hazard to walls or any other equipment; or
(b)
impede the free movement of persons within the room where the
heater is located.
3.21.5
Where any heating system burns solid or liquid fuel, a place or receptacle
for the storage of the fuel shall be:
(a)
provided and maintained in a convenient location, and;
(b)
properly constructed so as to be free from fire or accident hazards.
3.21.6
An adequate supply of fuel shall be available at all times.
3.21.7
All equipment which burns fuels shall be properly vented by connecting
duct or the pipe leading to a chimney or a vent flue.
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25
3.21.8
Where combustible materials are stored in a basement, the fuel-burning
heating system shall be enclosed.
3.21.9
Every chimney, smoke pipe, flue and vent shall be maintained so as to:
(a)
prevent gases from leaking into the building or property; and
(b)
be free of any defects.
3.21.10
A fuel burning central heating system in a mixed use building shall be
located in a separate room having walls, ceiling and doors with a fire
resistance rating of not less than one hour.
3.21.11
Subsection 3.21.10 does not apply where:
(a)
there is a fire separation between the dwelling unit and the non-
residential property having a fire resistance rating of one hour,
or;
(b)
the dwelling unit and non-residential property are occupied by
the same tenant.
3.21.12
Where, in the opinion of the Officer, there exists a hazardous condition
due to storage in or use of space adjacent to a heating system, the
furnace shall be enclosed in accordance with the provisions of subsection
3.21.10 hereof.
3.21.13
The enclosure referred to in subsection 3.21.10 and 3.21.12 shall be
vented to provide sufficient combustion air for the heating equipment
directly from the outside air.
3.22
Plumbing
3.22.1
All plumbing, drain pipes, water pipes and plumbing fixtures in every
building and every connecting line to the sewerage system, shall be
maintained in good working order and free from leaks and defects.
3.22.2
All water pipes and appurtenances thereto shall be protected from
freezing.
3.22.3
All waste pipes shall be connected to the sewerage system.
3.23
Toilet Room Facilities
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26
3.23.1
Buildings where people work shall have minimum of one water closet and
one wash basin supplied with an adequate supply of hot and cold running
water located in an enclosed room and accessible from within the building.
3.23.2
All toilet rooms shall be fully enclosed and with a door capable of being
locked so as to provide privacy for the user.
3.23.3
All toilet facilities and toilet rooms shall be kept clean and neat at all
times.
3.23.4
Toilet room walls and ceilings shall be provided with a smooth surface
and where paint is used as the surface coating it shall be maintained and
painted as is necessary for cleanliness.
3.23.5
Every toilet room shall be provided with toilet paper, soap and individual
towels or other means of drying.
3.23.6
Every toilet room shall be provided with an opening or openings for
natural ventilation located in an exterior wall or through openable parts of
skylights and all such openings shall have a minimum aggregate
unobstructed free flow area of 900 cm² (1 sq. ft.)
3.23.7
An opening for natural ventilation may be omitted from a toilet room
where a system of mechanical ventilation has been provided, such as an
exhaust fan with a duct leading to outside the building.
3.23.8
Where mechanical ventilation is used, the provisions of Section 3.26.3
apply.
3.24
Electrical Service
3.24.1
Fuses or overload devices shall not exceed limits set by Ontario Hydro.
3.24.2
Where, in the opinion of the Officer, a hazardous electrical condition
exists, extension cords which are not part of a fixture shall not be
permitted on a semi-permanent or permanent basis.
3.24.3
Electrical wiring and all electrical fixtures located or used in a building shall
be installed and maintained in good working order and in conformity with
the regulations of Ontario Hydro.
3.25
Light
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27
3.25.1
Sufficient windows, skylights and electrical lighting fixtures shall be
provided and maintained in order to furnish illumination in all passageways
and stairways whenever the building is in use, and in all stairways
provided for use in case of fire or other emergency.
3.26
Ventilation
3.26.1
Every room where people work shall have an opening or openings for
natural ventilation, all of which openings shall:
(a )
have a minimum aggregate unobstructed free flow area of 0.28 m²
(3 sq. ft.), and
(b)
be located in the exterior walls or through openable parts of
skylights.
3.26.2
An opening for ventilation may be omitted if mechanical ventilation is
provided which changes the air once each hour.
3.26.3
Where mechanical ventilation is used, the ventilating duct which is on the
exterior wall shall be located not less than 1.82 m (6') from a window
located in an adjoining building.
3.27
Basement, Cellar or Unheated Crawlspace
3.27.1
Every basement, cellar or unheated crawlspace shall be adequately
vented to the outside air by means or screened windows which can be
opened or by louvers with screened openings, the area of which shall not
be less than one percent of the floor area for basements and cellars, and
900 cm² (1 sq. ft.) per 46 m² (500 sq. ft.) of crawlspace area.
3.27.2
An opening for natural ventilation may be omitted from a basement, cellar
or unheated crawlspace where a system of mechanical ventilation has
been provided which changes the air once each hour.
SECTION 4: STANDARDS FOR VACANT LAND
4.1
Vacant Land
4.1.1
Vacant land shall be kept clean and free from rubbish and other debris,
and objects or conditions that may create a health or accident hazard.
4.1.2
Vacant land subject to recurrent ponding of storm water shall be properly
drained where such ponding constitutes or may constitute an
environmental or health hazard.
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28
SECTION 5: ADMINISTRATION AND ENFORCEMENT
5.1
Inspections
5.1.1
The officer shall inspect a property:
(a )
upon formal request by the owner or an occupant;
(b)
when so directed by resolution of Council;
(c)
following a formal complaint given to the officer;
(d)
when non-compliance with the standards prescribed by this by-law
is evident to the officer from casual observation.
5.1.2
Where a complaint is given to the officer pursuant to Sect. 5.2.1 (c):
(a )
the officer may, if he deems the particulars of the complaint to be
insufficient evidence of non-compliance with this by-law, refuse to
make the requested inspection and shall so notify the complainant;
(b)
In no case shall the name of the complainant be divulged to the
public, except as may be required in a judicial proceeding.
5.2
Fees
5.2.1
The fee payable for a Certificate of Compliance issued at the request, in
writing, of the owner pursuant to Section 15.5 of Building Code Act, R.S.O.
1992, ch.23 shall be as set out in Schedule "A" to this by-law.(deleted as
per by-law 2022-84)
5.2.2
The fee payable by the owner for the Corporation to discharge an order
registered in the land registry office pursuant to Section 15.2(4) of the
Building Code Act, R.S.O. 1992, ch.23 shall be set out in Schedule "A" to
this by-law.
5.2.3
The fee payable by the owner to a file a Notice of Appeal of an Order with
the Committee pursuant to Section 15.3(1) of the Building Code Act,
R.S.O. 1992, ch.23 shall be as set out in Schedule "A" to this by-law.
5.3
Prohibition of Occupancy in Order to Comply
5.3.1
Where use or occupancy of any property is hazardous as set forth in
Section 1.4.5, the order issued pursuant to Section 15.2(2) of the Building
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29
Code Act, R.S.O. 1992, ch.23, shall contain the following additional
statement:
NOTE: Use or occupancy of this property is prohibited until this order
has been complied with.
5.4
Extensions of Time
5.4.1
The officer may grant extensions of time for compliance with any order
issued pursuant to Section 15.2(3) of the Building Code Act, R.S.O. 1992,
ch.23 beyond the time limited in such order in any case where:
(a)
valid reasons exist in the Officer's opinion for the extension; and
(b)
apart from such reasons, the Officer is satisfied that the order will
be complied with.
5.5
Property Standards Committee
5.5.1
A property standards committee is hereby established, to be known as
the Property Standards Committee for the Township of West Lincoln.
5.5.2
The Committee shall be composed of five to seven members, to be
appointed by the Council of the Corporation; and three members
shall constitute a quorum. (Amended by By-law 2001-03)
5.5.3
Members of the Committee shall hold office during the term of office of
the Council appointing them, and shall be eligible for re-appointment.
5.5.4
Members of the Committee shall be paid such compensation as the
Council may provide by resolution from time to time.
SECTION 6: PENALTIES
6.1
Every person who contravenes any of the provisions of this by-law is guilty
of an offence and liable upon conviction to a penalty as prescribed under
the Provincial Offences Act.
SECTION 7: BY-LAWS REPEALED
7.1
By-law No. 98-09 is hereby repealed
READ A FIRST TIME THIS 16TH DAY OF NOVEMBER 1998.
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30
CONSOLIDATED VERSION
_________________________
MAYOR
CONSOLIDATED VERSION
_________________________
DEPUTY CLERK
READ A SECOND AND THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF
NOVEMBER 1998.
CONSOLIDATED VERSION
__________________________
MAYOR
CONSOLIDATED VERSION
__________________________
DEPUTY CLERK
(Deleted as per By-law 2022-84)SCHEDULE "A"
TO PROPERTY STANDARDS BY-LAW 98-105