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THE CORPORATION OF
THE TOWNSHIP OF WILMOT
BY-LAW NO. 2008-54
Being a by-law to prescribe and enforce standards for the
maintenance and occupancy of property within The Corporation of
the Township of Wilmot
WHEREAS s. 127 of the Municipal Act, 2001, S.O. 2001, c. 25 states that, without limiting
sections 9, 10 and 11, a local municipality may,
(a)
require the owner or occupant of land to clean and clear the land, not including buildings,
or to clear refuse or debris from the land, not including buildings;
(b)
regulate when and how matters required under clause (a) shall be done;
(c)
prohibit the depositing of refuse or debris on land without the consent of the owner or
occupant of the land; and,
(d)
define "refuse" for the purpose of this section.
AND WHEREAS s. 15.1(3) of the Building Code Act, 1992, S.O. 1992, c. 23, states that the
Council of a municipality may pass a by-law to do the following things if an official plan that
includes provisions relating to property conditions is in effect in the municipality or if the
Council of the municipality has adopted a policy statement as mentioned in subsection 15.1(2):
1.
Prescribing standards for the maintenance and occupancy of property within the
municipality or within any defined area or areas and for prohibiting the occupancy or use
of such property that does not conform with the standards.
2.
Requiring property that does not 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.
NOW THEREFORE the Council of The Corporation of the Township of Wilmot, pursuant to
its authority under s. 15.1 of the Building Code Act, 1992, S.O. 1992, c. 23, enacts as follows:
Definitions
1.
In this by-law:
"Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
"building" means,
(a)
a structure occupying an area greater than ten square metres consisting of
a wall, roof and floor or any of them or a structural system serving the
function thereof including all plumbing, works, fixtures and service
systems appurtenant thereto;
(b)
a structure occupying an area of ten square metres or less that contains
plumbing, including the plumbing appurtenant thereto;
(c)
plumbing not located in a structure;
(d)
a sewage system; or,
(e)
structures designated in the building code;
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"Chief Building Official" or "CBO" means a chief building official appointed or
constituted under section 3 or 4 of the Act;
"Code" means the Building Code, Ontario Regulation 350/06, as amended, or other
regulations made under s. 34 of the Act;
"Committee" means a property standards committee established under section 15.6 of the
Act;
"construct" means to do anything in the erection, installation, extension or material
alteration or repair of a building and includes the installation of a building unit fabricated
or moved from elsewhere and "construction" has a corresponding meaning;
"Council" means the municipal Council of The Corporation of the Township of Wilmot;
"demolish" means to do anything in the removal of a building or any material part thereof
and "demolition" has a corresponding meaning;
"ground cover" means organic or non-organic material applied to prevent soil erosion
such as concrete, flagstone, gravel, asphalt, grass or other landscaping;
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended;
"inspector" means an inspector appointed under section 3, 3.1, 4, 6.1 or 6.2 of the Act;
"maintenance inspection" means an inspection conducted under a maintenance inspection
program;
"Municipal Law Enforcement Officer" means a person appointed by the Township to
enforce the by-laws of the Township under s. 15 of the Police Services Act, R.S.O. 1990,
c. P.15, as amended;
"occupant" means any person or persons over the age of 18 years in possession of the
property;
"Officer" means the Chief Building Official, a property standards officer who has been
assigned the responsibility of administering and enforcing this by-law and a Municipal
Law Enforcement Officer;
"owner" means:
(a)
the person for the time being managing or receiving the rent of the land or
premises in connection with which the word is used, whether on the
person's own account or as agent or trustee of any other person, or who
would receive the rent if the land and premises were let; and,
(b)
a lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of property;
"pests" means rodents, vermin or insects;
"plumbing" means a drainage system, a venting system and a water system or parts
thereof;
"property" means a building or part of a building, and includes the lands and premises
appurtenant thereto and all mobile homes, mobile buildings, mobile structures,
outbuildings, fences and erections thereon whether heretofore or hereafter erected, and
includes vacant property;
"refuse" means any article or thing that:
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(a)
has been cast aside, discarded or abandoned, whether of any value or not;
(b)
has been used up, in whole or in part, whether of any value or not; or,
(c)
expended or worn out, in whole or in part, whether of any value or not.
"repair" includes the provision of facilities, the making of additions or alterations or the
taking of any other action that may be required to ensure that a property conforms with
the standards established in this by-law;
"state of good repair" means:
(a)
in conformity with the Act and the Code;
(b)
structurally sound;
(c)
not broken, rusted, rotten or in a hazardous condition;
(d)
not unsightly to the extent that it would be deleterious to abutting property
owners or to the neighbourhood;
(e)
in proper working order, if applicable; and,
(f)
adequately protected by weather-resistant material(s), if applicable;
"Township" means The Corporation of the Township of Wilmot; and,
"yard" means that portion of a property which is not occupied by a building.
Short Title
2.
This by-law may be cited as the "Property Standards By-Law"
Application
3.
The provisions of this by-law shall apply to all property within the Township.
General Duty
4.
All owners shall maintain their property in accordance with the standards set out in this
by-law.
Yards
5.
All yards shall be kept in a neat, tidy and safe condition, free from:
(a)
refuse, rubbish, garbage, waste, litter, dead animals or debris;
(b)
an infestation of pests;
(c)
objects and conditions that might create a health, fire or accident hazard;
(d)
heavy undergrowth and noxious plants, such as ragweed, poison ivy, poison oak,
and weeds, grass and/or vegetation more than 20 cm (8 inches) in height;
(e)
furniture, excluding furniture meant to be outdoors;
(f)
appliances, such as stoves or refrigerators;
(g)
any motor vehicle which is not operative, or which is not licensed with a currently
validated license plate pursuant to the provision of the Highway Traffic Act,
discarded motor vehicles, automotive parts, vehicle parts and accessories,
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mechanical parts, unmounted tires, tires on rims, accessories or adjuncts to the
vehicle and mechanical equipment or any boat, trailer or part of any boat or
trailer, which is in a wrecked, discarded, dismantled, partly dismantled, or
abandoned condition;
(h)
mechanical parts or equipment;
(i)
building materials which have been unused for more than 90 days; or,
(j)
dilapidated or collapsed structures, any unprotected well or old underground
tanks.
Landscaping
6.
Hedges, planting, trees or other landscaping required by the Township as a condition of
site development or redevelopment shall be maintained in a suitable and living condition
or shall be replaced with equivalent landscaping so as to carry out its intended function
and maintain an attractive appearance.
7.
All properties shall have suitable ground cover to prevent soil erosion.
State of Good Repair
8.
The following shall be maintained in a state of good repair by the owner of a property:
(a)
buildings, including interior surfaces (e.g. walls, ceilings, floors), exterior
surfaces (e.g. walls, roofs, doors and windows) and foundations;
(b)
accessory buildings, including garages, carports or sheds;
(c)
porches or decks;
(d)
stairs;
(e)
fences;
(f)
chimneys and fireplaces;
(g)
areas on a property used for vehicular or pedestrian traffic;
(h)
signs; and,
(i)
water, ventilation, plumbing, heating, electrical and sewage systems.
9.
All properties shall be kept free from pests at all times.
Drainage
10.
All exterior areas of a property shall be graded and maintained in such a manner so as to
prevent the excessive or recurrent ponding of stormwater thereon.
11.
No stormwater, roof or sump pump drainage shall be discharged on any portion of a
property used for vehicular or pedestrian traffic or onto a neighbouring property.
Enforcement
12.
This by-law shall be enforced by an Officer and/or the Waterloo Regional Police Service.
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Powers of Entry
13.
An Officer may, upon producing proper identification, enter upon any property at any
reasonable time without a warrant for the purpose of inspecting the property to determine,
(a)
whether the property conforms with the standards prescribed in this by-law; or
(b)
whether an order made under the Act has been complied with.
Order
14.
An Officer who finds that a property does not conform with any of the standards
prescribed in this by-law may make an order:
(a)
stating the municipal address or the legal description of the property;
(b)
giving reasonable particulars of the repairs to be made or stating that the site is to
be cleared of all buildings, structures, debris or refuse and left in a graded and
levelled condition;
(c)
indicating the time for complying with the terms and conditions of the order and
giving notice that, if the repair or clearance is not carried out within that time, the
municipality may carry out the repair or clearance at the owner's expense; and,
(d)
indicating the final date for giving notice of appeal from the order (an "Order").
15.
An Order shall be served on the owner of the property and such other persons affected by
it as the Officer determines and a copy of the Order may be posted on the property.
16.
An Order may be registered in the proper land registry office and, upon such registration,
any person acquiring any interest in the land subsequent to the registration of the Order
shall be deemed to have been served with the Order on the day on which the Order was
served and, when the requirements of the Order have been satisfied, the Clerk of the
Township shall forthwith register in the proper land registry office a certificate that such
requirements have been satisfied, which shall operate as a discharge of the Order.
Failure to Comply with Order
17.
If an Order is not complied with in accordance with the Order as deemed confirmed or as
confirmed or modified by the Committee or a Judge, the Township may cause the
property to be repaired, cleaned, cleared up or demolished, as the case may be.
18.
For the purpose of s. 18, employees or agents of the Township may enter the property at
any reasonable time, without a warrant, in order to repair or demolish the property.
19.
The Township or a person acting on its behalf is not liable to compensate the owner,
occupant or any other person by reason of anything done by or on behalf of the Township
in the reasonable exercise of its powers under s. 18.
20.
The Township shall have a lien on the land for the amount spent on the repair, cleaning,
clearing or demolition under s. 18 and the amount shall have priority lien status as
described in s.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
Offence
21.
Every person who contravenes any of the provisions of this by-law is guilty of an offence
and, on conviction, is liable to a fine pursuant to the Provincial Offences Act, R.S.O.
1990, c.P.33, as amended.
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Property Standards Committee
22.
A Committee is hereby established to hear appeals of Orders, in accordance with s. 15.3
of the Act.
23.
The Committee shall be composed of such persons, not fewer than three, as Council
considers advisable.
24.
The members of the Committee shall hold office for the term of Council - four (4) years.
When a vacancy occurs in the membership of the Committee, Council shall forthwith fill
the vacancy.
25.
The members of the Committee shall be paid such compensation as the Council may
provide.
26.
The members of the Committee shall select a Chair from among themselves. When the
Chair is absent through illness or otherwise, the Committee may appoint another member
as acting Chair.
27.
A majority of the members of the Committee constitutes a quorum for transacting the
Committee's business.
28.
The members of the Committee shall provide for a Secretary for the Committee.
29.
The Secretary of the Committee shall keep on file the records of all official business of
the Committee, including records of all applications and minutes of all decisions
respecting those applications.
30.
The Committee may adopt its own rules of procedure and any member of the Committee
may administer oaths.
31.
The Committee shall give notice or direct that notice be given of the hearing of an appeal
to such persons as the committee considers advisable.
Severability
32.
If a Court of competent jurisdiction should declare any section or part of a section of this
by-law to be invalid, such section or part of a section shall not be construed as having
persuaded or influenced Council to pass the remainder of this by-law and it is hereby
declared that the remainder of this by-law shall be valid and shall remain in full force and
effect.
Repeal
33.
By-law No. 96-17 and all by-laws amending the same are hereby repealed.
Effective Date
34.
This By-Law shall come into force on the date of its passage by Council.
READ a First and Second time this 20th day of October, 2008.
READ a Third time and finally passed in Open Council this 20th day of October, 2008.
________________________________ _______________________________
Mayor Clerk
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