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Page 1 of 44
Chapter 0745
December 11, 2025
Property Maintenance
Chapter 0745 - Property Standards
Chapter Index
Part 1
Definitions
Part 2
General Standards for All Property and Uses
745.2.01
Scope
745.2.02
Yards
745.2.03
Outdoor Storage of Materials - No Immediate Use
745.2.04
Garbage Chutes - Rooms - Containers - Standards
745.2.05
Grass - Trees - Bushes - Hedges - Landscaping
745.2.06
Ground Cover - Erosion Control
745.2.07
Lot Grading - Drainage - Sump Pumps
745.2.08
Parking Lots
745.2.09
Exterior Lighting
745.2.10
Retaining Wall
745.2.11
Wells - Cistern - Cesspool - Privy Vault - Pit or Excavation
745.2.12
Accessory Buildings
745.2.13
Fence
745.2.14
Tower - Gantries - Masts - Antennae
745.2.15
Signs
Part 3
Exterior Property Areas
745.3.01
Structural Adequacy - Capacity
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745.3.02
Foundation Walls - Basements
745.3.03
Exterior Walls - Surfaces - Cladding - Masonry
745.3.04
Windows Screens
745.3.05
Canopies - Marquess - Awnings
745.3.06
Roof
745.3.07
Eaves Trough System - Metal Ducts - Flashing
745.3.08
Chimney Flues
745.3.09
Garage - Carport
Part 4
Interior of Buildings and Structures
745.4.01
Interior Structure - Columns - Beams
745.4.02
Walls - Ceilings
745.4.03
Floors
745.4.04
Stairs - Handrails - Guards
745.4.05
Elevators
745.4.06
Means of Egress
745.4.07
Fire Protection
745.4.08
Separations
745.4.09
Heating - Air Conditioning
745.4.10
Ventilation
745.4.11
Electrical
745.4.12
Lighting
745.4.13
Plumbing
745.4.14
Water Supply
745.4.15
Sewage System
745.4.16
Vermin Control
Part 5
Addition Requirements for Residential Occupancy
745.5.01
Occupancy Standards
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745.5.02
Toilet and Bathroom Facilities
745.5.03
Kitchen and Laundry
745.5.04
Interior Doors, Countertops and Cupboards
Part 6
Vacant - Damaged - Demolition
745.6.01
Vacant Land
745.6.02
Vacant Properties
745.6.03
Damage by Fire - Storm - Other Causes
745.6.04
Demolish Building
Part 7
Administration and Enforcement
745.7.01
General
745.7.02
Measurement
745.7.03
Power to Order Expert Report
745.7.04
Property Standards Committee
745.7.05
Property Standards Officer - Duties
745.7.06
Inspection and Entry
745.7.07
Order
745.7.08
Service and Posting of Order
745.7.09
Registration of Order
745.7.10
Recovery of Costs Relative to Order
745.7.11
Appeal to Property Standards Committee
745.7.12
Power of City if Order is Not Complied With
745.7.13
Certification of Compliance
Part 8
Emergency Powers
745.8.01
Emergency Orders
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745.8.02
Service
745.8.03
Emergency Powers
745.8.04
Service of Statement
745.8.05
Application to Court
745.8.06
Powers of Judge
745.8.07
Order Final
745.8.08
Municipal Lien
Part 9
Offences
745.9.01
Fines
Part 10
Severability
745.10.01 Severability
Part 11
Repeal and Effective Date
745.11.01
Repeal and Effective Date
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December 11, 2025
THE COPRPORATION OF THE CITY OF WOODSTOCK
BY-LAW NUMBER 9791-25
A BY-LAW FOR PRESCRIBING STANDARDS FOR THE MAINTENANCE
AND
OCCUPANCY OF PROPERTY WITHIN THE CITY OF WOODSTOCK.
WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c. 23,
a By-law may be passed by the Council of a municipality prescribing the
standards for the maintenance and occupancy of property within the
municipality provided the official plan for the municipality includes provisions
relating to property conditions.
AND WHEREAS the Official Plan for The City of Woodstock includes
provisions relating to property conditions.
AND WHEREAS the Council of The City of Woodstock is desirous of passing
a By-law under Section 15.1(3) of the Building Code Act, S.O. 1992, c. 23.
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c. 23
requires that a By-law passed under Section 15.1(3) of the Building Code
Act, S.O. 1992, c. 23 shall provide for the establishment of a Property
Standards Committee.
NOW THEREFORE the Council of The City of Woodstock hereby enacts the
following:
SHORT TITLE: This By-law shall be referred to as the "Property Standards
By-law".
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Part 1
Definitions
In this By-law:
745.1.01.
"Accessory Building"
Means a Building or a structure that is customarily incidental or subordinate
to the primary Building or use and located on the same lot therewith.
745.1.02.
"Approved"
Means acceptance by the Chief Building Official, Property Standards Officer
or designate.
745.1.03.
"Basement"
Means that portion of a Building located below the First Storey, which is
partly underground, and which has at least one-half its height from finished
floor to the underside of the first-floor joists above the average finished
grade level adjacent to the exterior walls of the Building.
745.1.04.
"Bathroom"
Means a room containing a bathtub or shower, with or without a water closet
and washbasin.
745.1.05.
"Building"
Means any structure used or intended to be used for supporting or sheltering
any use or occupancy.
745.1.06.
"Building Code"
Means the Building Code Act, S.O. 1992, C. 23, as amended and any
regulations made under that Act.
745.1.07.
"Clerk"
Means the Person duly appointed as City Clerk for The Corporation of the
City of Woodstock.
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745.1.08.
"Cellar"
Means that portion of a Building located below the First Storey, which is
partly or wholly underground and which has more than one half of its height,
from finished floor to finished ceiling, below adjacent finished grade.
745.1.09.
"Chief Building Official"
Means the Chief Building Official appointed under Section 3 of the Building
Code and having jurisdiction for the enforcement thereof.
745.1.10.
"City"
Means the Corporation of the City of Woodstock.
745.1.11.
"Code"
Means a regulation of the Province of Ontario known:
a)
With respect to matters relating to Building and plumbing, as the
Building Code,
b)
With respect to matters relating to electricity, as the Electrical Safety
Code, O. Reg. 164-99, as amended, and
c)
With respect to matters relating to fire, as the Fire Code, O. Reg.
213/07; as amended.
745.1.12.
"Committee"
Means the City of Woodstock Property Standards Committee established
under this By-law.
745.1.13.
"Common Area"
Means an area of a Multi-Residential Dwelling that is publicly accessible by
residents of the Dwelling Units within the Building or complex.
745.1.14.
"Council"
Means the Council of the City.
745.1.15.
"County"
Means the County of Oxford.
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745.1.16.
"Derelict"
Means any Building that has experienced structural failure in whole or in
part.
745.1.17.
"Dwelling"
Means a Building or part thereof, used or designed to be used as a residence
and containing one or more Dwelling Units.
745.1.18.
"Dwelling Unit"
Means a suite of one or more rooms, designed or intended to be used for
human habitation and to accommodate a single household, in which sanitary
conveniences and cooking facilities are provided, and which has a private
entrance either from the outside of the Building or through a common
hallway.
745.1.19.
"First Storey"
Means the storey of a Building with its floor closest to grade, and having its
ceiling more than 1.8 meters above grade.
745.1.20.
"Fence"
Means any structure, wall or barrier, other than a Building, erected at grade
for the purpose of defining boundaries of Property, separating open space,
restricting ingress to or egress from Property, providing security or
protection to Property or acting as a visual or acoustic screen, but does not
include a Retaining Wall.
745.1.21.
"Ground Cover"
Means organic or non-organic material applied to prevent soil erosion such
as concrete, flagstone, gravel, asphalt, grass or other landscaping.
745.1.22.
"Guard"
Means a protective barrier installed around openings in floor areas or on the
open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a
raised walkway, and other locations as required to prevent accidental falls
from one level to another. Such barriers may or may not have openings
through them.
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745.1.23.
"Habitable Room"
Means any room in a Dwelling or Dwelling Unit used or intended to be used
for living, eating, sleeping, or cooking and without limiting the foregoing
shall include den, library, sunroom or recreational room or any combination
thereof.
745.1.24.
"Multi-Residential Dwelling"
Means a residential Building that contains two (2) or more Dwelling Units
and without limiting the generality of the foregoing includes an apartment
Building, multi-plex, or other such Building containing multiple Dwelling
Units.
745.1.25.
"Non-Habitable Room"
Means any room or space in a Dwelling Unit, other than a Habitable Room
and includes a Washroom/Restroom, Bathroom, laundry, pantry, lobby,
corridor, stairway, closet, Cellar, boiler room, garage, or space for service
and maintenance of any Building for public use and for access to and vertical
travel between storeys.
745.1.26.
"Non-Residential Property"
Means a Building or structure or part of a Building or structure not occupied
in whole or in part for the purpose of human habitation and includes the
lands and premises appurtenant and all the outbuildings, fences or erections
thereon or therein.
745.1.27.
"Occupant"
Means any Person or Persons over the age of (eighteen) 18 years in
possession of the Property.
745.1.28.
"Officer"
Means a Property Standards Officer who has been assigned the responsibility
of administering and enforcing this By-law including but not limited to a
Building Inspector and a Chief Building Official.
745.1.29.
"Owner"
Includes any Person who is the beneficial owner, the owner in trust, a
mortgagee in possession, 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 receive the rent if the land and premises were let, and
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shall also include 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.
745.1.30.
"Person"
Means and includes any individual, firm, partnership, corporation, company,
association, trust, or organization of any kind whether or not a legal entity.
745.1.31.
"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 erections thereon
whether heretofore or hereafter erected and includes vacant Property.
745.1.32.
"Property Standards Officer"
Shall have the same meaning as "Officer" in this By-law.
745.1.33.
"Refuse"
Means material or effluent which appears to have been cast aside, discarded,
abandoned, worthless, unless, of no practical value, used up, expended or worn out in
whole or in part and without limiting the generality of the foregoing shall include the
following:
1.
industrial waste material and effluent,
2.
domestic waste material and effluent,
3.
Inoperative Motor Vehicles or Vehicle parts,
4.
Inoperative Vessels or parts thereof,
5.
garbage, or debris,
6.
domestic items stored outdoors and subject to deterioration from the
elements,
7.
refrigerators, freezers or other appliances, any attached hinges or
latching, locking or other closing mechanisms or devices,
8.
Stagnant Water,
9.
agriculture waste or by products,
10. mineral, metal or chemical by products,
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11. rubble or inert fill,
12. broken concrete, bricks, broken asphalt, patio or sidewalk slabs,
13. salvage material,
14. accumulations, deposits, leavings, litter, garbage, , debris remains,
rubbish, trash,
15. furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks,
16. piping, tubing, conduits, cable, fittings or other accessories,
17. scrap construction material resulting from or related to construction or
demolition projects, and
18. bones, feather or hides.
745.1.34.
"Repair"
Includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the
Property shall conform to the Standards established in this By-law.
745.1.35.
"Residential Property"
Means any property that is used or is capable of being used as a Dwelling or
Multi-Residential Dwelling thereof and includes any land or Buildings that are
appurtenant to such establishment including but not necessarily limited to all
steps, walks, driveways, parking spaces, fences and yards.
745.1.36.
"Retaining Wall"
Means a structure that holds back soil or other loose material to prevent it
assuming the natural angle of repose at locations where an abrupt change in
ground elevation occurs.
745.1.37.
"Safe Condition"
Means a condition that does not pose or constitute an undue or
unreasonable hazard or risk to life, limb or health of any Person on or about
the Property and includes a structurally sound condition.
745.1.38.
"Sanitary Sewage"
Means liquid or water borne waste and/or Refuse and include that:
1.
Of industrial or commercial origin, or
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2.
If domestic origin, including human body waste, toilet or other
Bathroom waste or Washroom/Restroom waste, and shower, tub,
culinary, sink and laundry waste.
745.1.39.
"Sanitary Sewer"
Means a sewer for the collection and transmission of Sanitary Sewage or
Refuse and to which storm, surface and ground waters are not intentionally
admitted.
745.1.40.
"Sewage"
Shall include drainage, storm water, and Sanitary Sewage.
745.1.41.
"Sewage System"
Means the City and County system of Storm Sewers, Sanitary Sewers and
combined Storm Sewers and Sanitary Sewers and also means an Approved
private Sewage disposal system.
745.1.42.
"Sign"
Means any device or notice, including its structure and other component
parts, which is used or capable of being used to identify, describe, illustrate
advertise or direct attention to any Person, business, service, commodity or
use.
745.1.43.
"Standards"
Means the standards of physical condition and of occupancy prescribed for
Property by this By-law.
745.1.44.
"Storm Sewer"
Means a sewer, which carries storm water and surface water, street wash
and other wash water or drainage, but excludes Sanitary Sewage.
745.1.45.
"Unsafe Condition"
Means a condition that may pose or constitute an undue or unreasonable
hazard or risk to life, limb or health of any Person on or about the Property
and includes a structurally unsound condition.
745.1.46.
"Vehicle"
Includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power-driven equipment.
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745.1.47.
"Vacant Building"
Means a Building that is unoccupied, displays some visible signs of
deterioration, is or should be boarded up and does not include agricultural
Building or a Building already Approved for demolition.
745.1.48.
"Vermin"
Shall include rats, mice, and all other such obnoxious animals.
745.1.49.
"Washroom/Restroom"
Means a room containing a water closet and/or a washbasin.
745.1.50.
"Yard"
Means the land within the boundary lines of the lot and not occupied by the
principal Building.
PART 2
General Standards
745.2.01.
Scope
1.
No Person, being the Owner or Occupant of a Property, shall fail to
maintain any Property in conformity with the Standards required in this
By-law.
2.
The Owner and Occupant of any Property which does not conform to the
Standards in this By-law shall Repair and maintain the Property to
conform to the Standards or shall clear the Property of all Buildings,
structures, Refuse or accumulations leave the Property in a graded and
leveled condition.
3.
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.
4.
All new construction or Repairs shall conform to the Building Code,
where applicable.
5.
This By-law does not apply, so as, to prevent a farm, meeting the
definition of "agricultural operation" under the Farming and Food
Production Protection Act, S.O. 1998, c. 1, as amended, from carrying
out a normal farm practice as provided for and defined under that Act.
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745.2.02.
Yards
With respect to every Property, the Owner and Occupany of the Property
shall:
1.
Keep the Yard clean and free of rubble, Refuse, debris and objects or
conditions that might create fire, accident or health hazards.
2.
Keep the Yard free from rubble, Refuse, industrial waste, domestic
waste or accumulations of such materials that prevent access to or exit
from the Property and Buildings on the Property.
3.
Remove from the Property, Injurious insects, termites, rodents, Vermin
and other pests, and any condition, which may promote an infestation.
4.
Remove from the Property Derelict or collapsed Buildings, structures or
erections.
5.
Fill in or install a protective cover over any open or unprotected well.
6.
Ensure that the warehousing or storage of material or operative
equipment that is required for the continuing operation of an industrial
or commercial aspect of the Property shall be maintained in a neat and
orderly fashion so as not to create a fire or accident hazard or any
unsightly condition.
745.2.03.
Outdoor Storage of Materials - No Immediate Use
No machinery or parts thereof, or other object, or material not associated
with the normal occupancy and use of a Property, including among other
things, appliances, fixtures, paper, cartons, boxes, or Building materials such
as lumber, masonry material or glass, other than that intended for immediate
use on the Property, shall be stored or allowed to remain in an exterior
Property area.
745.2.04.
Garbage Chutes - Rooms - Containers - Standards
Garbage chutes, disposal and collection rooms, containers and receptacles
shall be maintained good Repair kept clean and free of offensive odours.
745.2.05.
Grass - Trees - Bushes - Hedges- Ground Cover -
Landscaping
Ground Cover, hedges, trees, landscaping and grass, and site facilities
required as a condition of site development or redevelopment shall be
maintained in living condition and in a good state of Repair.
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745.2.06.
Ground Cover - Erosion Control
Suitable Ground Cover shall be provided and maintained to prevent erosion
of the soil and so as to be in harmony with the neighbouring environment.
745.2.07.
Lot Grading - Drainage - Sump Pumps
1.
All yards shall be provided and maintained with adequate surface water
drainage, without causing erosion, so as to prevent the entrance of
water into a Basement or crawlspace.
2.
Downpipes, sump pump, discharge lines and grading shall be designed,
provided and maintained, so as, to discharge water runoff away from
the Building and to prevent flooding, erosion and other nuisance to
neighbouring properties.
3.
Storm water run-off from any downspout or any surface shall not be
drained directly onto neighbouring properties, except in accordance with
the Approved lot grading plan.
4.
Every Property shall be graded and maintained to prevent ponding or
the entry of storm water into a Basement or Cellar.
5.
Natural drainage, drainage swales, ditches or watercourses shall be
maintained to facilitate the natural flow of water and prevent ponding.
6.
No Person shall connect or permit any connection of any weeping tile,
foundation drain, roof drain, or land drain into any Sanitary Sewer, or
combined Sewer, and no Person shall discharge, or permit to be
discharged into any such Sanitary Sewer, or combined Sewer, any
foundation, roof or surface water or drainage.
7.
No storm water or roof water shall be discharged directly onto a
sidewalk, walkway, steps, porch or other pedestrian access to a
Property which may be hazardous or create a risk of accident.
8.
No fill shall be allowed to remain in an unleveled state on any Property
for longer than fourteen (14) days, unless the Property is a construction
site for which an active Building permit is in effect or planning
agreement is passed.
9.
No fill shall be left in an uncovered state (not covered by sod, seed or
agricultural crop) on any Property for longer than thirty (30) days unless
the Property is:
a)
A construction site for which a Building permit is in effect,
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b)
A Property being subdivided under subdivision agreement with the
City of Woodstock, and
c)
Property being actively farmed.
10. Lot grading must comply with the original subdivision design or as
amended and Approved by the City.
745.2.08.
Walkways and Driveways
1.
There shall be a walk leading from the principal entrance of every
Building that is ordinarily occupied, to the street. Such walks may lead
to a driveway or hard surfaced area provided such area leads to a
street. The surfaces of steps, walks, driveways, parking spaces and
similar areas of the Yard shall be maintained, so as, to afford safe
passage under normal use.
745.2.09.
Parking Lots
1.
Parking lots, driveways and other similar public access areas of a yard
shall be maintained, so as, to afford safe passage under normal use.
2.
Parking lots, driveways and other similar public access areas of a yard
shall be kept clean and free of litter, rubbish, waste, salvage, Refuse,
debris and objects or conditions that might create a, fire, accident or
health hazard.
745.2.10.
Exterior Lighting
1.
Every stairway, exterior exit and entrance doorway, Cellar entrance,
Basement entrance or Building entrance shall have a permanently
installed lighting fixture that shall be maintained in good working order.
2.
All underground parking areas and Common Areas shall be illuminated,
so as, to provide safe passage.
3.
Lighting fixtures and their supports shall be installed and maintained in
a safe and structurally sound condition and in good Repair.
4.
Where parking areas are illuminated, lighting fixtures shall be so
arranged that no part of any fixture shall be more than 9 m (29.5 ft.)
above the finished grade of the parking area unless otherwise Approved
through site plan control. Fixtures shall be so designed and installed so
that the light is directed downward and deflected away from the
adjacent lots.
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5.
The exterior lighting shall be placed and maintained, or have a barrier or
shade placed and maintained, so as, to prevent or block direct
illumination on an adjacent Property except for:
a)
Lighting used by the City, County, Provincial or Federal
government,
b)
Lighting located on any Property owned by the City, County,
Provincial or Federal government, and
c)
Any Property zoned Residential Type 1 (R1) or Residential Type 2
(R2).
6.
Where it appears that exterior lighting may affect adjacent properties
the Officer may order that the Owner provide a study or report to assess
the impacts of the exterior lighting on neighbouring properties.
745.2.11.
Retaining Wall
1.
All Retaining Walls, screen walls and ornamental walls shall be
constructed of durable material and shall be maintained in a structurally
sound condition. Such maintenance shall include but not be limited to:
a)
Redesigning, Repairing or replacing of all deteriorated, damaged,
misaligned materials,
b)
Replacing missing portions of the wall and any railings or Guards
appurtenant thereto,
c)
Installing subsoil drains where required to maintain the stability of
the wall,
d)
Grouting masonry cracks, and
e)
Applying to all exposed metal or wooden components, unless
inherently resistant to deterioration, a protective coating of paint or
equivalent weather resistant material.
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2.
Retaining Walls that are situated on a Property line, shall be the
responsibility of:
a)
The Property Owner(s) that is responsible for the Retaining Wall
pursuant to a signed and written agreement between the Property
Owners or their predecessors in title, in such proportions as set out
in the agreement,
b)
The Property Owner (or a successor in title) that was determined to
be responsible for the Retaining Wall pursuant to a court order,
c)
If (a) or (b) do not apply, the Property Owner (or a successor in
title) that installed the Retaining Wall pursuant to a Building permit,
site plan approval or other development agreement with the
municipality, or
d)
If (a), (b) or (c) do not apply, the Property Owners shall each be
equally responsible for the Retaining Wall on a 50%/50% basis.
745.2.12.
Wells - Cistern - Cesspool - Privy Vault Pit or
Excavation
1.
Every Property shall be kept free of all unused excavations, empty in-
ground pools, holes, enclosed wells, pits, shafts, cisterns or reservoirs,
and the same shall be filled to grade with clean fill. Provided that where
any excavations, holes, unenclosed wells, pits, shafts, cisterns or
reservoirs are in use and are required by the nature of use and
occupancy of any Property, and may constitute a health or safety hazard
or exceed a depth of 60 cm (24 inches), a Fence or barrier shall be
erected and maintained completely around the same to a height of not
less than 1.22 metres (4 feet) above the grade level at the perimeter of
each of them.
745.2.13.
Accessory Buildings
1.
The foundations, walls, roofs and all parts of Accessory Buildings and
other structures shall be:
a)
Constructed with suitable materials,
b)
Maintained in good Repair,
c)
Protected from deterioration by the application of paint, sealant,
siding, fascia or other suitable protective material,
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d)
Capable of sustaining the loads that may be applied thereto as a
result of use in accordance with the requirements of the Building
Code,
e)
Maintained in a structurally sound condition, free from health, fire
and safety hazards, and
f)
Kept free of rodents, Vermin, and injurious insects.
2.
Storage sheds and other Accessory Buildings shall be securely anchored
to the ground.
745.2.14.
Fence
1.
A Fence erected on a Property shall be maintained in a safe and
structurally sound condition so as to be capable of sustaining safely its
own weight together with any load to which it might reasonably be
subject to and:
a)
Shall be free of dangerous objects, and
b)
Shall be reasonably plumb, unless specifically designed to be other
than vertical.
745.2.15.
Tower - Gantries - Masts - Antennae
1.
Towers, gantries, masts, antennae and structures of similar character
and any attachment thereto shall be maintained:
a)
Reasonably plumb, unless specifically designed to be other than
vertical,
b)
In good Repair, and
c)
In a safe and structurally sound condition.
745.2.16.
Signs
1.
A Sign and any structure connected therewith shall be installed and
maintained:
a)
In good Repair without any visible deterioration,
b)
In a safe and structurally sound condition, and
c)
In a reasonably vertical plane unless otherwise Approved by the
City.
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Part 3
Exterior of Buildings and Structures
745.3.01.
Structural Adequacy - Capacity
1.
All Repairs and maintenance of a Property required by the Standards
prescribed in this By-law shall be carried out in a manner accepted as
good workmanship in the trades concerned and with materials suitable
and sufficient for the purpose.
2.
Every part of a Property or Building shall be maintained in good Repair
and in a structurally sound condition so as:
a)
To be capable of sustaining safely its own weight, and any
additional load to which it may normally be subjected,
b)
To be capable of safely accommodating all normal structural
movements without damage, decay or deterioration,
c)
To prevent the entry of moisture that would contribute to damage,
decay or deterioration, and
d)
To be capable of safely and adequately performing its function
subject to all reasonable serviceability requirements.
3.
Where Repairs are required, the Owner shall obtain a Building permit
and Repair, or cause to be Repaired, the Building, structure, or part
thereof, in accordance with the Repair methods and timelines described
in the report.
745.3.02.
Foundation Walls - Basements
1.
All foundation walls and the Basement, Cellar or crawl space floors shall
be maintained in good Repair and structurally sound.
2.
Every Basement, Cellar and crawl space in a Property shall be
maintained in a reasonably watertight condition so as to prevent the
leakage of water into the Building.
745.3.03.
Exterior Walls - Surfaces - Cladding - Masonry
The exterior walls and surfaces shall be:
a)
sound, plumb, and weather tight, free from loose or unsecured
objects and maintained in good Repair,
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b)
in good Repair free from cracked or broken masonry units,
defective or deteriorated wood or metal siding or trim, cracked,
broken or loose stucco, lose or unsecured objects,
c)
maintained by the painting, restoring or Repairing of the walls,
coping or flashing, by the waterproofing of joints and the walls
themselves, by the installation of or Repairing of weather tight
finishing, or the installation of termite shields, if required,
d)
maintained in good Repair and where an exterior surface has
previously been covered with paint or other protective or decorative
materials, then such covering shall be renewed or replaced when it
becomes damaged or deteriorated, and
e)
maintained in a structurally sound condition and so as to be capable
of sustaining safely its own weight and any additional weight that
may be put on it through normal use.
745.3.04.
Doors - Windows - Cellars - Hatchways
1.
Windows, skylights, exterior doors and frames, Basement or Cellar
hatchways, attic access doors including storm and screen doors and
storm windows shall be maintained in good working order, good Repair,
in a Safe Condition and shall be of such construction so as to prevent
the entrance of wind, snow or rain into the Building and to minimize
heat loss through infiltration.
2.
At least one entrance door in every Dwelling Unit shall have hardware
so as to be capable of being locked from inside and outside the Dwelling
Unit.
3.
All windows capable of being opened and all exterior doors shall have
hardware, so as, to be capable of being locked or otherwise secured
from inside the Building.
4.
In every Multi-Residential Dwelling where a security locking and release
system has been provided in the front or rear lobby for the entrance
into the Multi-Residential Dwelling and that system is controlled from
each Dwelling Unit, such system shall be maintained in good Repair and
in operating condition.
5.
Where a window is above the second storey and the window is lower
than 1000mm (39") from the floor, the maximum the window can open
is 100mm (4") and where a door or sliding door is not serving a balcony
or landing, it shall be protected by a Guard conforming to the Building
Code.
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6.
All windows capable of being opened shall be equipped with a screen to
prevent the passage of insects and the screen shall be maintained in a
good condition.
7.
Principal entrance doors, exit doors and doors to Dwelling Units,
including exterior doors serving a house or an individual Dwelling Unit,
and other doors in an access to exit shall be openable from the inside or
in travelling to an exit without requiring keys, special devices or
specialized knowledge of the door opening mechanism.
745.3.05.
Window Screens
1.
When an exterior opening is used or required for ventilation or
illumination and is not required to be protected by a door, window or
similar closure, it shall be protected with:
a)
Mesh screening, metal grills, or other equivalent durable rust proof
material, or
b)
Other protection so as to effectively prevent the entry of rodents,
insects or Vermin.
745.3.06.
Canopies - Marquees - Awnings
1.
All canopies, marquees and awnings shall be properly anchored, so as,
to be kept in safe and sound condition and shall be protected from
decay and rust.
2.
All canopies, marquees and awning material must be in good condition,
free of damage or fading.
745.3.07.
Roof
1.
Every roof and all its components shall be maintained in good Repair
and in a safe and structurally sound condition.
2.
Without restricting the generality of this section, such maintenance
includes:
a)
Removal of loose, unsecured or rusted objects or materials,
b)
Removal of dangerous accumulations of snow or ice,
c)
Keeping roofs and chimneys in water-tight condition so as to
prevent leakage of water into the Building, and
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d)
Keeping all roof-related structures plumb unless specifically
designed to be other than vertical.
745.3.08.
Eaves Trough System - Metal Ducts - Flashing
1.
Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all
exterior ducts shall be properly secured free from loose or unsecured
objects, free from obstructions and health hazards, weather-tight, free
of holes and maintained in good Repair.
2.
Metal eaves troughs, rainwater pipes, flashing and all exterior metal
ducts shall be kept free from rust by application of a suitable protective
material such as paint, and shall be renewed when necessary.
3.
Roof drainage shall be discharged onto the ground in a manner that
does not adversely affect adjacent properties, or cause erosion.
745.3.09.
Chimney Flues
1.
Chimney, vent pipes, smokestacks, flues, ducts and other similar
equipment shall be constructed, installed and maintained as per the
applicable codes and or Standards.
2.
Any fuel burning heating equipment used in a Building shall be properly
vented to the exterior by means of an Approved smoke pipe, vent pipe
or chimney.
3.
If an Officer has reason to believe that a chimney, smokestacks, flues,
ducts and other similar equipment is damaged or not working properly
the Officer may request a report from a Wood Energy Technology
Transfer (WETT) certified inspector.
745.3.10.
Garage - Carport
1.
The construction between an attached or built-in garage or carport and
a Dwelling Unit shall provide an effective barrier to gas and exhaust
fumes.
2.
Garages and carports shall be maintained in good Repair and free from
hazards.
Part 4
Interior of Buildings and Structures
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745.4.01.
Interior Structure - Columns - Beams
1.
In every Building, all structural components including but not limited to
all joists, beams, studding, and roof rafters, shall be of sound material
and adequate for the load to which they are subjected.
2.
The foundation walls and the Basement, Cellar or crawl space floors
shall be maintained in good Repair and structurally sound. Every
Basement, Cellar and crawl space in a Property shall be maintained in a
watertight condition, so as, to prevent the leakage of water into the
Building.
745.4.02.
Walls - Ceilings
1.
Every wall and ceiling shall be maintained in good Repair, free of
conditions, which may create a health, fire or safety hazard.
2.
Where sound transmission ratings are required in accordance with the
provisions of the Building Code, they shall be maintained in good Repair.
3.
Where non-combustible construction, fire separations, firewalls, fire
resistance ratings and other fire protection measures are required in
accordance with the provisions of the Building Code, or in accordance
with the Fire Code, they shall be maintained in good Repair.
4.
In any Bathroom the walls above a bathtub equipped with a shower or a
shower stall shall be maintained as to be water resistant allowing water
to arrive at the drain.
745.4.03.
Floors
1.
Every floor shall be smooth and level and maintained, so as, to be free
of all loose, warped, protruding, broken or rotted boards that may
create an Unsafe Condition or surface. All defective floors shall be
Repaired or replaced.
2.
Where a floor covering has become worn or torn so that it retains dirt or
may create an Unsafe Condition, the floor covering shall be Repaired or
replaced.
3.
Every Bathroom, kitchen, laundry and shower room shall have a floor
covering of water-resistant material and be capable of being cleaned.
4.
Every Cellar and Basement shall have a floor of concrete or other
material acceptable under the provisions of the Building Code, to ensure
water drainage and to Guard against the entry of Vermin.
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745.4.04.
Stairs - Handrails - Guards
1.
Every stair, floor, landing, verandah, porch, deck, loading dock, balcony
together with any Guard, balustrade, railing, screen or other
appurtenance attached thereto shall be maintained in good Repair and
in a safe and structurally sound condition.
2.
Without restricting the generality of Sub-Section 4.04.1, such
maintenance includes:
a)
Repairing or replacing floors, treads or risers that show excessive
wear or are broken, warped, loose, depressed, protruding or
otherwise defective,
b)
Repairing, replacing or supporting structural members that are
decayed, damaged, weakened, lose or missing, and
c)
Providing, Repairing or replacing balustrades, Guards and railings.
3.
Every Guard/handrail shall be installed and maintained in good Repair in
accordance with the Building Code. A handrail shall be installed and
maintained in good Repair in all stairwells. Guardrails shall be installed
and maintained in good Repair around all landings, porches, balconies.
Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
745.4.05.
Elevators
1.
Elevating devices in a Building, including all parts, lighting fixtures,
lamps, elevator buttons, floor indicators, emergency communication and
ventilation fans shall be maintained in good Repair and operational.
2.
The walls, floors and ceilings of elevators shall be kept clean and free
from dirt or defacements.
3.
All elevating devices including elevators, dumb-waiters, hoists,
escalators, incline lifts and other elevating devices shall be installed and
maintained in good working order, good Repair; and in a Safe Condition
in accordance with the requirements of the Technical Standards and
Safety Act (TSSA), S.O. 2000, c. 16, as amended.
745.4.06.
Means of Egress
1.
Every Building, structure or Dwelling Unit shall have a safe, continuous
and unobstructed passage from the interior to an exit or the outside of
the Building at street or grade level as per the Building Code and Fire
Code.
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2.
Exterior stairs and fire escapes shall be maintained in a safe state of
Repair and kept free of ice and snow.
3.
A required means of egress shall not pass through an attached or built-
in garage or an enclosed part of another Dwelling Unit.
4.
In every Multi-Residential Dwelling where a security locking-and-release
system has been provided in the front or rear lobby for the entrance
into the Multi-Residential Dwelling and that system is controlled from
each Dwelling Unit, such system shall be maintained in good Repair and
in an operating condition.
5.
All means of egress within a Non-Residential Property shall be:
a)
Maintained free from all obstructions or impediments,
b)
Provided with clear, unobstructed and readily visible exit signs, for
every required exit, and
c)
Provided with lighting facilities capable of illuminating the means of
egress to ensure the safe passage of Persons exiting the Building.
745.4.07.
Fire Protection
1.
Fire protection for all Buildings shall be provided and maintained in
conformity with the provisions of the Building Code and Fire Code.
Without limiting the generality of the foregoing, fire protection shall
include non- combustible construction, flame spread ratings, fire
resistance ratings, fire protection ratings, permitted openings, firewalls,
fire separations, fire dampers, fire stops, fire alarm systems, sprinkler
systems, heat detectors, smoke detectors, smoke alarms, and
firefighting access to and within Buildings.
2.
All Buildings of residential occupancy, smoke alarms and carbon
monoxide alarms shall be provided, installed and maintained by the
Owner as required by the Building Code and the Fire Code.
3.
All fire protection construction, components thereof, appliances and
equipment shall be maintained in good Repair and in good operating
condition
745.4.08.
Separations
1.
Every Dwelling Unit shall be maintained and protected so as to prevent
the passage of noxious fumes and gases from a part of the Building that
is not used for human habitation into other parts of the Dwelling Unit.
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745.4.09.
Heating - Air Conditioning
1.
Every residential Dwelling shall have functional heating equipment to
maintain a minimum temperature of 21°Celsius (70 °Fahrenheit).
2.
The required heating system and hot water system and other
mechanical systems shall be provided, maintained and operated:
a)
In accordance with the respective requirements of any applicable
Code or By-law, and
b)
In good working condition, in good Repair and in a Safe Condition.
3.
No residential Dwelling Unit shall be equipped with portable heating
equipment as the primary source of heat.
4.
Wood stoves within a Dwelling and any other Property shall be
maintained in accordance to Standards as prescribed by the Canadian
Standards Association's Codes.
5.
Where air conditioners and air conditioning systems have been
provided, the air conditioner or air conditioning system shall be securely
mounted and installed in accordance with manufacturers' specifications.
745.4.10.
Ventilation
1.
Ventilation, as required by the Building Code and Fire Code, shall be
provided to and maintained in all rooms and spaces within a Building, so
as, to prevent accumulations of heat, dust, fumes, gases, including
carbon monoxide, vapours and other contaminants which may create a
fire, explosion, toxic hazard or health hazard.
2.
Ventilation systems shall be cleaned regularly and installed, used and
maintained:
a)
In conformance with the requirements of the Building Code and Fire
Code,
b)
In good working condition and good Repair, and
c)
In a Safe Condition.
3.
When an exterior opening is used or required for ventilation and is not
required to be protected by a door, window or similar closure, it shall be
protected with screens in accordance with this By-law.
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4.
Every Bathroom 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 0.092 m2 (1 sq ft). An opening for
natural ventilation may be omitted from a Bathroom or Toilet Room
where a system of mechanical ventilation has been provided.
5.
Every Basement, Cellar, unheated crawl space and attic shall be vented,
and such vents shall be designed and maintained to prevent entry of
snow, rain, Vermin and insects.
745.4.11.
Electrical
1. Every Dwelling and Dwelling Unit shall be wired for electricity and shall
be connected to an Approved electrical supply system, an adequate
supply of electrical power shall be available in all occupied parts of every
Dwelling, suite and Building.
2. The connection to the Building and the system of circuits and outlets
distributing the electrical supply within the Building shall provide
adequate capacity for the use of the Building and such connections,
circuits, wiring and outlets along with any fuses, circuit breakers and
other appurtenances thereto shall be installed and maintained in good
working order, and in conformity with the regulations of Electrical Safety
Authority designated under the Electricity Act, S.O. 1998, c. 15, as
amended.
3. Extension cords are not permitted on a permanent basis.
745.4.12.
Lighting
1.
Every stairway, exterior exit and entrance doorway, Bathroom,
Washroom/Restroom, kitchen, hall, Cellar, Basement, laundry, furnace
room and non-habitable work room in a suite, Dwelling Unit or Building
shall have a permanently installed lighting fixture that shall be
maintained in a Safe Condition and in good working order.
2.
All lighting, including exit lighting and emergency lighting shall conform
to the provisions of the Building Code and shall be maintained in good
working order.
3.
Lighting shall be installed throughout every Property to provide
adequate illumination for the use of each space, so as, to provide safe
passage.
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745.4.13.
Plumbing
1.
All plumbing systems, Sanitary Sewer, drainpipes, water pipes and
plumbing fixtures in every Building and every connecting line to the
Sewage System shall be maintained in good working condition and free
from leaks and defects and all water pipes and appurtenances thereto
shall be protected from freezing.
2.
Plumbing systems on a Property shall be provided, installed and
maintained:
a)
In compliance with the respective requirements of the Building
Code,
b)
In good working condition and good Repair, and
c)
In a Safe Condition.
745.4.14.
Water Supply
1.
Every Property, the use or occupancy of which requires a water supply,
shall be provided with an adequate supply of potable water from a
public or private water supply, Approved by the local authority
designated under the Clean Water Act S.O 2006 c22, as amended.
2.
Where a piped water supply is available, piping for hot and cold water
shall be connected to every kitchen sink, lavatory, bathtub, shower, and
laundry area and piping for cold water shall be run to every water closet
and hose bib.
3.
Every water heater installed for the purpose of supplying hot running
water to the Occupants of a Property shall be capable of heating water
to a minimum temperature of +49 Celsius.
4.
Replacement hot water heaters shall have a thermostatic mixing value
limiting water temperature to a maximum of +49 Celsius as per the
Building Code.
745.4.15.
Sewage System
1.
Sanitary Sewage from any Building shall be discharged into the
municipal Sanitary Sewage System, or into a private Sewage System
Approved under Part 8 of the Building Code, and not otherwise.
2.
The land in the vicinity of a private Sewage System shall be maintained
in a condition that will not cause damage to or impair the functioning of
the Sewage System.
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745.4.16.
Vermin Control
1.
Every Property shall be maintained so as to be free from Vermin and
conditions that may promote an infestation at all times.
2.
Openings in Buildings, Cellars, soffits, facia, and crawl space shall be
protected to prevent the entrance of wildlife, rodents, Vermin, insects
and pests.
Part 5
Addition Requirement for Residential Occupancy
745.5.01.
Occupancy Standards
1.
A Non-Habitable Room shall not be used as a Habitable Room.
2.
No kitchen or furnace room shall be used as a bedroom.
3.
Height and size of rooms or spaces for the purpose of calculation shall
comply with the regulations of the Building Code.
4.
No Basement or portion thereof shall be used as a Dwelling Unit, or as a
Habitable Room unless in accordance with the Building Code.
5.
No room or area shall be provided for sleeping purposes unless:
a)
It has been constructed with a Building permit and reviewed for
sleeping purposes, and
b)
It is in conformance with the Building Code requirements for the
construction of a bedroom.
745.5.02.
Toilet and Bathroom Facilities
1.
Every Dwelling Unit shall contain plumbing fixtures in good Repair and
in an operative condition, consisting of a minimum of one toilet, one
sink, and one bathtub or shower.
2.
All Bathrooms and Washroom/Restrooms shall be located within and
accessible from within the Dwelling Unit.
3.
All Bathrooms and Washroom/Restrooms shall be fully enclosed and
maintained so as to provide privacy for the Occupant.
4.
No toilet or urinal shall be located within a bedroom or a room that is
used for the preparation, cooking, storing or consumption of food.
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745.5.03.
Kitchen and Laundry
1.
Every kitchen shall be provided with an Approved, connected, and
operating electrical or gas supply for cooking and refrigeration
appliances.
2.
Every kitchen appliance which is supplied shall be maintained in good
Repair.
3.
Every Dwelling Unit shall have a kitchen with a sink, stove, fridge,
cupboards, and countertop.
4.
Every laundry appliance which is supplied, shall be maintained in good
Repair, and serviced by an Approved, connected, and operating
electrical or gas supply.
5.
Laundry drying equipment shall have a dedicated exhaust duct
discharging directly to the outdoors.
6.
Laundry drying equipment exhaust ducts shall be maintained free from
obstructions.
745.5.04.
Interior Doors - Countertops - Cupboards
1.
Every interior door, closet door, cupboard door, countertop, cupboard,
vanity, shelf, and their appurtenances shall be maintained in good
Repair.
Part 6
Vacant - Damaged - Demolition
745.6.01.
Vacant Land
1.
Vacant land shall be maintained to the Standards as described in Part 2,
of this By-law.
2.
Vacant land shall be graded, filled or otherwise drained, so as, to
prevent recurrent ponding of water.
745.6.02.
Vacant Properties
1.
The Owner of a Vacant Building shall protect such Building against the
risk of fire, accident, damage or other danger thereto or to adjoining
premises by effectively preventing the entry thereto by all unauthorized
Persons.
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745.6.03.
Damage by Fire - Storm - Other Causes
1.
A Building or portion thereof, damaged by fire or other causes, shall be
restored to its original condition and Repaired as may otherwise be
required by this By-law or the Building shall be demolished or the
damaged portion removed.
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2.
Where a Building is damaged by accident, storm, fire, neglect or other
causes or intentional damage, immediate steps shall be taken to
prevent a condition, which might endanger Persons on or near the
Property and the Building or structure shall be properly supported and
barricaded until the necessary demolition or Repairs can be carried out.
3.
Where a Building is damaged by accident, storm, fire, neglect, other
causes or intentional damage, the Owner shall protect the Building
against further risk or further damage, accident or other danger, and
shall secure each opening to the Building to the Standards in 6.02.(2).
4.
The exterior walls and other surfaces of the Building shall have smoke
damage or other defacement removed and surface refinished.
5.
In the event the Building, Accessory Building, fence or structure is
beyond Repair, the land shall be cleared of debris, Refuse and rubble
and shall be left in a graded, level and Safe Condition without
unreasonable delay in accordance with the Building Code.
745.6.04.
Demolish Building
1.
Where a Building, Accessory Building, fence or other structure is
demolished, the Property shall be cleared of all rubbish, waste, debris,
Refuse, rubble, masonry, lumber and left in a graded and level condition
in accordance with the Building Code.
2.
Where a Building, Accessory Building, fence or other structure is being
demolished, every precaution shall be taken to protect the adjoining
Property and members of the public. The precautions to be taken
include the erection of fences, barricades, covered walkways for
pedestrians and any other means of protection necessary for the
protection of the adjoining Property and members of the public, in
accordance with applicable law.
3.
Without restricting the generality of Section 6.04.(2) such Repairs shall
include:
a)
Abating any Unsafe Condition, and
b)
Refinishing, so as, to be in harmony with adjoining undamaged
surfaces.
4.
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,
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in a Safe Condition and in conformity with the Standards in the Building
Code.
5.
Prior to demolishing any Building, a demolition permit must first be
obtained from the Building department.
Part 7
Administration and Enforcement
745.7.01.
General
1.
This By-law shall apply to every Property within the limits of the City.
745.7.02.
Measurement
1.
The imperial Measurements contained in this By-law are given for
reference only.
745.7.03.
Power to Order Expert Report
1.
Where an Officer believes on reasonable and probable grounds that one
or more provisions of this By-law have been contravened, the Officer
may order the Property Owner to retain the services of a specified
expert, for the purposes of providing a report related to the
contravention in order to determine the appropriate remedy. The report
shall include the following:
a)
All deficiencies of structural concern,
b)
The contributory cause of the damage,
c)
The required Repairs and plan for remediation, and
d)
The recommended timelines for Repair.
745.7.04.
Property Standards Committee
1.
A Property Standards Committee shall be established which shall be
composed of a minimum of three (3) Persons appointed from time to
time by Council, each of whom shall be a resident ratepayer of the City.
2.
Each member of the Committee shall hold office for a term of four (4)
years and shall coincide with the Council term.
3.
When a vacancy occurs in the membership of the Committee, Council
shall forthwith fill the vacancy.
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4.
The members of the Committee shall elect one of themselves as
chairman, and when the chairman is absent, the Committee may
appoint another member as acting chairman. Any member of the
Committee may administer oaths.
5.
The members of the Committee shall be paid such compensation as the
Council may provide, which shall be recorded by resolution of Council.
6.
Secretarial services for the Committee shall be provided through the
offices of the City Clerk.
7.
The secretary shall keep on file minutes and records of all applications
and the decisions thereon and of all other official business of the
Committee, and sections 253 and 254 of the Municipal Act, S.O. 2001,
c. 25, as amended, applies with necessary modifications to such
documents.
8.
A majority of the Committee constitutes a quorum, and the Committee
may adopt its own rules of procedure but before hearing an appeal shall
give notice or direct that notice be given of such hearing to such
Persons as the Committee considers should receive such notice.
745.7.05.
Property Standards Officer Duties
1.
It shall be the duty of every Officer to administer and enforce the
provisions of this By-law and in the performance of such duty, he/she
shall have all the powers and responsibilities set forth in the Building
Code and the Regulations made pursuant to the Building Code.
745.7.06.
Inspection and Entry
1.
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)
If the Property conforms with the Standards prescribed in the By-
law, or
b)
if order made under subsection 15.2 (2) of the Building Code has
been complied with.
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2.
An Officer shall not enter or remain in any room or place actually being
used as a Dwelling unless:
a)
The consent of the occupier is obtained, the occupier first having
been informed that the right of entry may be refused, and entry
made only under the authority of a warrant issued under the
Building Code,
b)
A warrant issued under the Building Code is obtained,
c)
The delay necessary to obtain a warrant or the consent of the
occupier would result in an immediate danger to the health or
safety of any Person,
d)
The entry is necessary to terminate a danger under the Building
Code for emergency orders, or
e)
The requirements of the notice being served under the Building
Code are met and the entry is necessary to remove a Building,
restore a site, remove an Unsafe Condition, Repair or demolish
under the provisions of the Building Code.
745.7.07.
Order
1.
An Officer who finds that a Property does not conform to any of the
Standards prescribed in this By-law may make an order,
a)
Stating the municipal address or the legal description of such
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 leveled 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 City 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.
745.7.08.
Service and Posting of Order
1.
The 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 in a location visible to the public.
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2.
No Person shall obstruct the visibility of an order, and no Person shall
remove a copy of an order posted under this By-law unless authorized
to do so by an inspector, Officer or registered Code agency.
3.
The order shall be sent by registered mail to the last known address or
be sent to the last known e-mail address.
4.
An order sent by registered mail is deemed served five (5) days after
the registered mail has been sent.
5.
An order sent by e-mail is deemed to have been served on the day sent
unless sent after 5:00 p.m. in which case the service date will be the
following day.
745.7.09.
Registration of Order
1.
The 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
pursuant to this By-law and, when the requirements of the order have
been satisfied, the Clerk 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.
745.7.10.
Recovery of Costs Relative to Order
1.
Where an Owner or Occupant fails to comply with an order issued under
this By-law within the time stipulated in the order the City costs of such
further inspections of the Property, and such reports and further
notification or registrations as the Officer may deem appropriate shall be
payable to the Corporation by the Owner and/or Occupant, as
applicable, including disbursements as specified in the & Fees By-law.
745.7.11.
Appeal to Property Standards Committee
1.
An Owner or Occupant who has been served with an order made under
this By-law and who is not satisfied with the terms or conditions of the
order may appeal to the Committee by sending a notice of appeal by
registered mail to the secretary of the Committee within fourteen (14)
days after being served with the order.
2.
An Owner or Occupant who appeals an order shall pay to the Clerk the
fee for the appeal as set out in the City's Fees By-law.
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3.
The Secretary of the Committee shall, upon receipt of the notice of
appeal, create a hearing date and shall provide notice of the hearing at
least (14) fourteen days prior to the hearing date.
4.
A Property Standards Order will be confirmed and the appeal considered
abandoned where a Person files an appeal and does attend the Property
Standards Committee Appeal hearing.
745.7.12.
Confirmation of Order
1.
An order that is not appealed within the time referred to in Section 7.10
(1) shall be deemed to be confirmed.
745.7.13.
Duty of Committee
1.
The Committee shall hear the appeal.
745.7.14.
Powers of Committee
1.
On an appeal, the Committee has all the powers and functions of the
Officer who made the order and the Committee may do any of the
following things if, in the Committee's opinion, doing so would maintain
the general intent and purpose of the By-law and of the Official Plan or
policy statement of the City:
a)
Confirm, modify or rescind the order, and/or
b)
Extend the time for complying with the order.
745.7.15.
Appeal to Court
1.
Any Owner or Occupant or Person affected by a decision under
subsection Section 7.10 may appeal to the Superior Court of Justice by
notifying the Clerk in writing and by applying to the court within
(fourteen) 14 days after a copy of the decision is sent. The Owner or
Occupant must pay the fee specified in the Fees By-law.
Appointment
2.
The Superior Court of Justice shall appoint, in writing, a time and place
for the hearing of the appeal and may direct in the appointment the
manner in which and the Persons upon whom the appointment is to be
served.
Judge's powers
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3.
On the appeal, the judge has the same powers and functions as the
Committee.
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Effect of decisions
4.
An order that is deemed to be confirmed under or that is confirmed or
modified by the Committee or a judge, shall be final and binding upon
the Owner and Occupant who shall carry out the Repair or demolition
within the time and in the manner specified in the order.
5.
The Secretary of the Committee shall give a copy of its written decision
to the appellant and the Officer who issued the order.
745.7.16.
Power of City if Order is Not Complied With
1.
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
City may cause the Property to be Repaired or demolished accordingly
or any other work required in order to achieve compliance with the
order.
Warrantless entry
2.
For the purpose of subsection 7.11(1), employees or agents of the City
may enter the Property at any reasonable time without a warrant, in
order to Repair or demolish the Property.
No liability
3.
Despite subsection 31(2) of the Building Code, the City 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 City
in the reasonable exercise of its powers.
745.7.17.
Certificate of Compliance
1.
Following the inspection of a Property, the Officer may, or on the
request of the Owner shall, issue to the Owner a certificate of
compliance if, in his opinion, the Property complies with the Standards
of this By-law. The fee payable for a certificate of compliance issued at
the request of the Owner shall be as set out in the Fees By-law.
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Part 8
Emergency Powers
745.8.01.
Emergency Orders
1.
If, upon inspection of a Building, an Officer is satisfied that a Building
poses an immediate danger to the health or safety of any Person, the
Chief Building Official may make an order containing particulars of the
dangerous conditions and requiring remedial Repairs or other work to be
carried out forthwith to terminate the danger.
745.8.02.
Service
1.
The order shall be served on the Owner of the Property and each Person
apparently in possession of the Building and such other Persons affected
thereby as the Chief Building Official determines and a copy shall be
posted on the Building.
745.8.03.
Emergency Powers
1.
After making an order under section 8.01, the Chief Building Official
may, either before or after the order is served, take any measures
necessary to terminate the danger, and, for this purpose, the Chief
Building Official, an Officer and their agents may at any time enter upon
the land and into the Building in respect of which the order was made
without a warrant.
2.
The Officer, the City or anyone acting on behalf of the City is not liable
to compensate the Owner, Occupant or any other Person by reason of
anything done by or on behalf of the Chief Building Official or an Officer
in the reasonable exercise of his or her powers under Section 8.03.
3.
If the order was not served before measures were taken to terminate
the danger, the Officer shall serve copies of the order in accordance with
Section 8.02 as soon as practicable after the measures have been
taken, and each copy of the order shall have attached to it a statement
by the Officer describing the measures taken by the municipality and
providing details of the amount expended in taking the measures.
745.8.04.
Service of Statement
1.
If the order was served before the measures were taken, the Officer
shall serve a copy of the statement soon as practicable after the
measures have been taken.
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745.8.05.
Application to Court
1.
As soon as practicable after the requirements of Sections 8.02 and 8.04
have been complied with, the Chief Building Official shall apply to a
judge of the Superior Court of Justice to confirm the order made under
Section 8.01 and the judge shall hold a hearing for that purpose.
745.8.06.
Powers of Judge
1.
The judge in disposing of an application under Section 8.05 shall,
a)
Confirm, modify or rescind the order, and
b)
Determine whether the amount spent on measures to terminate the
danger may be recovered in whole, in part or not at all.
745.8.07.
Order Final
1.
The disposition under Section 8.06 is final.
PART 9
Costs - Recovery
Costs
1.
Where an Owner or Occupant fails to comply with an order issued under
this By-law within the time stipulated in the order the City's Costs
incurred to achieve compliance with the Order shall be payable to the
City by the Owner and/or Occupant, as applicable, including
disbursements as specified in the & Fees By-law.
Interest
2.
The Owner and/or Occupant, as applicable, shall pay the City interest on
the amount of Costs incurred calculated at a rate of fifteen (15%) per
cent per annum calculated for the period commencing on the day the
City incurs the Costs and ending on the day the Costs, including the
interest, are paid in full.
Lien
3.
The amount of Costs incurred by the City, including applicable interest,
constitutes a lien on the Property and the City may register the lien
against the Property. The Costs and interest shall have priority lien
status and may be added to the tax roll of the Property in which the
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amount was imposed as described in section 1 of the Municipal Act, S.O.
2001, c. 25, as amended.
PART 10
Offences
745.9.01.
Offence
1 . Every Person who fails to comply with any of the provisions of this
Chapter or contravenes any of the provisions of this Chapter is guilty of
an offence and all contraventions of this bylaw are designated as a
continuing offence.
2 . Every Person who fails to comply with an order issued pursuant to this
Chapter or the Building Code is guilty of an offence and a failure to
comply with an order is a continuing offence.
3.
An officer or director of a corporation who knowingly concurs in the
contravention of any provision of this Chapter or the corporation's
failure to comply with an order issued pursuant to this Chapter or the
Building Code is guilty of an offence and a failure to comply with an
order is a continuing offence.
745.9.02.
Fines
1.
Any Person convicted of an offence pursuant to this Chapter shall be
liable to a fine of not more than $50,000 for a first offence and to a fine
of not more than $100,000 for a subsequent offence.
2.
Every director of Officer of a corporation convicted of an offence
pursuant to this Chapter shall be liable to a fine not more than
$500,000 for a first offence and $1,500,000 for a subsequent offence.
PART 10
Severability
745.10.01.
Severability
1.
In the event that any provision or part of this By-law is found to be
invalid or unenforceable for any reason whatsoever, then the particular
provision or part thereof shall be deemed to be severed from the
remainder of the By-law, and all other provisions or parts thereof shall
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remain in full force and shall be valid and enforceable to the fullest
extent permitted by law.
Part 11
Repeal and Effective Date
745.11.01.
Repeal and Effective Date
1.
That By-law No. 9791-25 take effect immediately and that By-law No.
6790-90 and all associated amendments, passed by the Council of the
City of Woodstock on the 11th day of December 2025 be hereby
repealed.