Bylaw 102-2024 respecting occupancy, maintenance, health and safety of buildings — full text

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CANADA PROVINCE OF QUÉBEC MUNICIPALITY OF CAMPBELL'S BAY COURTESY TRANSLATION BUILDING OCCUPANCY, MAINTENANCE, HEALTH AND SAFETY BY-LAW NUMBER 102-2024 CONSIDERING THAT, pursuant to sections 145.41 et seq. of the Act respecting land use planning and development (RLRQ, c. A-19.1), a municipality must adopt a by-law respecting the occupancy and maintenance of buildings; CONSIDERING THAT a by-law on the occupancy and maintenance of buildings can be a useful addition to urban planning regulations, in particular to prevent the deterioration of buildings, ensure their protection against bad weather and preserve the integrity of their structure; CONSIDERING THAT the Building Occupancy and Maintenance Bylaw must apply to heritage buildings within the meaning of paragraph 1° of section 148.0.1 of the Land Use Planning and Development Act; CONSIDERING THAT the Municipal Council also wishes to ensure acceptable housing conditions for residents; CONSIDERING THAT the Municipal Council deems it appropriate to regulate occupancy, maintenance, health and safety standards for buildings on its territory; CONSIDERING THAT NOTICE OF MOTION OF THIS BY-LAW WAS GIVEN AT THE REGULAR MEETING HELD FEBRUARY 6, 2024 ; THEREFORE, it is proposed by Josey Bouchard and unanimously resolved that the following by-law be adopted: CHAPTER I DECLARATORY AND INTERPRETATIVE PROVISIONS ARTICLE 1 The preamble forms an integral part of the present by-law. ARTICLE 2 This by-law is entitled "Règlement sur l'occupation, l'entretien, la salubrité et la sécurité des bâtiments" and is numbered 102-2024 . ARTICLE 3 Definitions : "Building": Construction, vacant or not, of a permanent nature, erected on land and everything that is an integral part of it, as well as its accessories, including its exterior components and openings, as well as dwellings. "Building in good condition": A building that is not dilapidated or in disrepair, and whose structural quality is adequate to ensure the safety and solidity required for its intended use. In the case of a building intended for residential use, it is a healthy and habitable building. "Heritage building": A building cited in accordance with the Cultural Heritage Act (c. P-9.002), located in a heritage site cited in accordance with that Act or listed in an inventory referred to in the first paragraph of section 120 of that Act. "Vacant building": A building that is not currently occupied, or for which the owner, occupant or lessee does not intend to return, as well as any newly constructed building, between the time work is completed and the time it is occupied. "Council: The Municipal Council of the Municipality of Campbell's Bay. "Living space": A space intended for preparing or eating meals, sleeping or living, excluding, in particular, a bathroom, storage space, closet and laundry room. "Designated Official": The Director General of the Municipality of Campbell's Bay, any Urban Planning Inspector of the Municipality of Campbell's Bay and any person so designated by virtue of a resolution of Council. "Housing": Housing as defined in the Act respecting the Administrative Housing Tribunal (c. T-15.01). "Municipality: The Municipality of Campbell's Bay. "Owner": Any person, company or association holding a right of ownership in an immovable, including any co- owner, superficies owner, subsoil owner, emphyteutic lessee, usufructuary, bare owner or user. ARTICLE 4 The by-law applies to all buildings on the territory of the municipality. ARTICLE 5 The designated officer is responsible for enforcing this by-law. He or she may exercise the powers provided for herein and issue statements of offence for any violation of this by-law. CHAPTER II BUILDING OCCUPANCY AND MAINTENANCE STANDARDS ARTICLE 6 A building must be occupied and maintained in compliance with the provisions of this by-law. To this end, the owner, tenant and occupant of a building must keep it in good repair at all times. They must carry out any necessary repairs and maintenance work. ARTICLE 7 The following in particular are prohibited: 1. Maintaining a building in a state of disrepair, dilapidation, clutter or appearance of abandonment; 2. Staircases that are not fitted with a suitable handrail, or that are fitted with a handrail or made of damaged or rotten materials; 3. A building whose exterior walls have no exterior cladding; 4. Accumulation of snow and ice on balconies, outside staircases, galleries or roofs that could pose a safety hazard; 5. Moisture build-up in a building that could pose a danger to personal safety or to the building's structural integrity; 6. An obstacle preventing the closing and latching of a door in a required fire separation. ARTICLE 8 No one can tolerate a building component affected by mold, rot or corrosion. ARTICLE 9 No one may tolerate the paint on a wall or the exterior cladding of a building, when applicable, to be in a condition that affects its appearance of cleanliness, particularly when the paint is chipped. ARTICLE 10 The front door of a building must be fitted with a locking mechanism to protect it against intruders. ARTICLE 11 The roof, doors and windows of a building must be maintained in a state that ensures that they are watertight and clean, and that water, vermin, insects and other vermin cannot infiltrate. CHAPTER III SALUBRITY ARTICLE 12 A building or dwelling must be free from any cause of nuisance that may be detrimental to the health or safety of residents or the public by reason of its use or condition. The following in particular are prohibited: 1. The deposit of garbage, refuse or other harmful matter in a building or on land where a building is located, including deposit outside receptacles provided for that purpose; 2. The accumulation of debris, materials, excrement or any other unhealthy or harmful materials or objects in a building, dwelling or on land; 3. The presence of rodents, insects or vermin, and the conditions that encourage their proliferation; 4. The presence of dead animals; 5. The space required for a means of escape. CHAPTER III HOUSING STANDARDS ARTICLE 13 All dwellings must be equipped with an adequate supply of drinking water, plumbing for sewage disposal, heating and lighting. ARTICLE 14 All living spaces must be maintained at a minimum temperature of 21o C at all times. For this purpose, the temperature is measured at the center of the room. ARTICLE 15 Every bedroom must have a window opening directly onto the outside. The window must be adequately sealed to prevent water infiltration, in particular, but must be able to be opened to ventilate the room adequately. ARTICLE 16 All dwellings must be equipped with at least : 1. A kitchen sink; 2. One toilet; 3. One washbasin; 4. A bathtub or shower. ARTICLE 17 The kitchen sink, washbasin and bathtub or shower must be supplied with hot and cold water; the temperature of the hot water must not fall below 45°C. CHAPTER IV STANDARDS FOR HERITAGE BUILDINGS ARTICLE 18 In the case of a heritage building, maintenance or repair work must be carried out in such a way as not to distort or alter the building's heritage character. CHAPTER V STANDARDS FOR VACANT BUILDINGS ARTICLE 19 A vacant building must be barricaded to prevent access. The building should be enclosed using plywood panels securely fastened to the building. This article does not apply to vacant buildings where the owner, occupant or tenant is absent on a seasonal or occasional basis, provided that the vacancy does not last for more than six consecutive months and does not pose a safety risk to the public. CHAPTER VI INSPECTIONS, NOTICES OF WORK AND PENAL PROVISIONS ARTICLE 20 The designated officer is authorized to visit and examine, between 7 a.m. and 7 p.m., any building or lot to ensure compliance with this by-law. Any owner, occupant or tenant of this building must receive the inspector, give him access to the building and any accessory building, and answer any questions relating to the application of the by-law. ARTICLE 21 During the inspection, the designated officer may take technical readings using a measuring device to verify compliance with the by-law. He may also be accompanied by any person whose expertise or assistance he requires. Anyone who prevents the designated officer from gaining access to a building is liable to a fine of up to $1,000. ARTICLE 22 When a violation of the provisions of the by-law is detected, the designated officer may send a written notice to the owner of the building in question, requiring the repair or maintenance work to be carried out. The written notice informs the owner of the deadline for carrying out the work. ARTICLE 23 The designated officer may issue a notice ordering the evacuation and closure of a building or dwelling that does not comply with the present by-law when the health and safety of persons is in danger. The person to whom such an order is given must comply with it. The designated officer may post a copy of the notice ordering evacuation on the building and dwelling concerned. ARTICLE 24 A building or dwelling evacuated in accordance with the present by-law must be enclosed or barricaded in such a way as to prevent access until the cause of the danger has disappeared, as certified by the designated official. ARTICLE 25 The Municipality may fence off a property that presents a hazard when the owner cannot be located, or refuses, neglects or is unable to carry out work to eliminate the hazard after being ordered to do so by authorized employees of the Municipality. ARTICLE 26 The costs incurred by the municipality pursuant to article 25 constitute a prior claim on the immovable concerned, in the same capacity and with the same rank as the claims referred to in paragraph 5 of article 2651 of the Civil Code of Québec. ARTICLE 27 If the owner of a building refuses to comply or to follow up on a notice of non- compliance issued by the designated officer, the Council may request that a notice of deterioration of the building be entered in the land register. The municipality may also apply to the Superior Court for authorization to carry out the work and claim the cost from the owner. ARTICLE 28 Anyone who contravenes or allows the contravention of the provisions of the present by-law commits an offence and is liable, in addition to costs, to a fine: 1. For individuals, from $500 to $100,000; 2. For legal entities, from $2,000 to $200,000. In the event of a repeat offence, the fine is doubled. Where the alleged offence involves a heritage building, is liable, in addition to costs, to a fine of not less than $2,000 and not more than $250,000 in the case of a natural person, and not less than $4,000 and not more than $250,000 in the case of a legal person. The aggravating factors listed in section 145.41.7 of the Act respecting land use planning and development will be taken into account by the designated officer when issuing the statement of offence. If an offence lasts more than one day, the offence committed on each day constitutes a separate offence and the penalties enacted for each offence may be imposed for each day the offence lasts, in accordance with this article. The municipality reserves the right to exercise any other type of recourse provided by law. CHAPTER VII ENTRY INTO FORCE ARTICLE 29 These regulations come into force in accordance with the law. ______________________ ________________________ Raymond Pilon Sarah Bertrand Maire Directrice générale / Greffière-trésorière Avis de motion : Le 6 février 2024 Présentation du projet de règlement : Le 6 février 2024 Consultation publique : Le 1 avril 2024 Adoption du règlement : Le 2 avril 2024 Transmission à la MRC de Pontiac : Le 8 avril 2024