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THE CITY OF MELVILLE
BYLAW NO. 11/2004
(CONSOLIDATED FOR OFFICE USE ONLY)
INCLUDES AMENDMENTS 17/04
Property Maintenance and Occupancy Bylaw
Table of Contents
Section
Page Number
Part I - General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Application of the Bylaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Conflicting Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Equivalents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part II - Inspection and Enforcement Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Duties of Building Inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Appointment of Municipal Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Compliance Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Carrying out of Orders by Building Inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Appeal to City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Appeal to Saskatchewan Municipal Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Appeal to the Court of Queen's Bench . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Imminent Danger to Public Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Offences and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part III - Responsibilities and Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Obligations of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Obligations of Occupant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part IV - General Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Unoccupied Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Untidy and Unsightly Lands or Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Junked Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Maintenance of Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Dilapidated Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Open Excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
- II -
Part V - Property Maintenance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 1 - Maintenance of Yards and Accessory Buildings . . . . . . . . . . . . . . . . . . . . 15
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Maintenance of Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Refrigerators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Waste Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Accessory Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2 - Building Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Exterior Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Building Components . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3 - Additional Standards for Dwelling Units . . . . . . . . . . . . . . . . . . . . . . . . . 18
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Habitable Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4 - Basement, Attic and Partial Storey Occupancies . . . . . . . . . . . . . . . . . . . 20
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Basement Occupancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Attic and Partial Storey Occupancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part VI -Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Coming Into Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
BYLAW NO. 11/2004
Property Maintenance and Occupancy Bylaw
The Council of the City of Melville enacts:
Part I
General Provisions
Title
1.
This Bylaw may be cited as the "Property Maintenance and Occupancy Bylaw".
Purpose
2.
The purpose of this Bylaw is:
(a)
to establish minimum standards of fitness for human habitation for
buildings;
(b)
to establish minimum standards for the repair and maintenance of the
exterior of buildings and structures;
(c) to control untidy and unsightly lands or buildings;
(d)
to control the keeping of junked vehicles;
(e)
to eliminate the danger caused by unoccupied buildings; and
(f)
to provide standard requirements and procedures for enforcing various
sections of The Cities Act dealing with demolitions, property
maintenance, untidy and unsightly premises, junked vehicles and open
excavations.
Definitions
3.
In this Bylaw:
(a)
"building" means a building within the meaning of The Cities Act;
Bylaw No. 11/2004
Page 2
(b)
"City" means The City of Melville;
(c)
"Council" means the Council of the City of Melville;
(d)
"dwelling unit" means a separate set of living quarters for one or more
persons with a private entrance from outside or from a common
hallway or stairway inside the building, but does not include public
accommodation and mobile homes situated in one location for a period
of less than 30 days;
(e)
"habitable room" means a room in a dwelling unit used or intended to
be used for living, sleeping, cooking or eating purposes or any
combination thereof; but does not include a bathroom, laundry, pantry,
lobby, stairway, closet, furnace room or other space for service and
maintenance of the dwelling unit;
(f)
"junked vehicle" means any automobile, tractor, truck, trailer or other
vehicle that has no valid license plate attached to it and is in a
severely rusted, wrecked, partly wrecked, dismantled, partly
dismantled, inoperative or abandoned condition, and is located on
private land, but that is not within a structure erected in accordance
with any law respecting the erection of buildings and structures
enforced within The City of Melville, and does not form a part of a
business enterprise lawfully being operated on that land."
(g)
"municipal inspector" means an employee or agent of the City
appointed by the Building Inspector to act as an inspector for the
purposes of this Bylaw;
(h)
"nuisance" means a condition of property, a thing, a plant, or an
activity that effects or may effect the amenity of a neighbourhood or
the safety, health and welfare of people in the neighbourhood, and
includes:
(I)
a building in a ruinous or dilapidated state of repair;
(ii)
an unoccupied building that is damaged and is an imminent
danger to public safety;
(iii) land that is overgrown with grass and weeds;
(iv)
untidy and unsightly property
(v)
junked vehicles;
(vi)
open excavations on property
(I)
"occupant"means occupant as defined by The Cities Act;
Bylaw No. 11/2004
Page 3
(j)
"owner" means owner as defined by The Cities Act;
(k)
"property" includes a building or structure as defined in this Bylaw
and any lands appurtenant thereto;
(l)
"building inspector" means the Building Inspector or a municipal
inspector;
(m)
"structure" means anything erected or constructed, the use of which
requires temporary or permanent location on, or support of, the soil, or
attached to something having permanent location on the ground or
soil; but not including pavements, curbs, walks or open air surfaced
areas.
Application of the Bylaw
4.
(1)
This Bylaw applies to all buildings, both in existence now and those
constructed after this Bylaw takes effect, and to all lands within the City of
Melville.
(2)
If, as a result of the enforcement of this Bylaw, repairs must be made to a
building or the occupancy or use of a building must be changed, all repairs
and changes in occupancy and use must conform to the National Building
Code of Canada, 1995 or any subsequent edition of the National Building
Code adopted by The Uniform Buildings and Accessibility Standards Act
and Zoning Bylaws of The City of Melville.
Conflicting Acts
5.
(1)
This Bylaw establishes the minimum standards for the occupancy of
buildings and for the maintenance of building interiors and exteriors and is
not intended to relieve any person from complying with any other Act,
regulation or bylaw relating to building construction and repair, fire safety
or public health.
(2)
If there is an inconsistency between this Bylaw and:
(a)
The Uniform Building and Accessibility Standards Act;
(b)
The Fire Prevention Act, 1992;
Bylaw No. 11/2004
Page 4
(c)
The Public Health Act; or
(d)
any bylaw relating to building construction, fire safety or public health;
the provision that establishes the higher standard to protect the health, safety
and welfare of the general public shall prevail.
Equivalents
6.
(1)
The provisions of this Bylaw are not intended to limit the appropriate use of
materials, systems and equipment not specifically described in this Bylaw.
(2)
Materials, systems and equipment not specifically described in this Bylaw
may be used if it can be shown that they are suitable on the basis of past
performance, or on the basis of acceptable tests or evaluations.
Alternatives
7.
Alternatives to requirements in this Bylaw may be permitted provided the
building inspector is satisfied that:
(a)
the existing condition or building provides an acceptable degree of
health, fire and building or property safety; or
(b)
measures are taken to provide an acceptable degree of health, fire and
building or property safety.
Part II
Inspection and Enforcement Procedures
Duties of the Building Inspector
8.
The Building Inspector shall:
(a)
administer and enforce this Bylaw within the City; and
(b)
perform any other duties and may exercise any other powers that may
be delegated by Council.
Bylaw No. 11/2004
Page 5
Appointment of Municipal Inspectors
9.
The building inspector may appoint any employee or agent of the City as a
municipal inspector for the purpose of enforcing this Bylaw.
Inspections
10.
(1)
For the purposes of ensuring compliance with this Bylaw, or any order
made under this Bylaw, any building inspector may, at any reasonable time,
enter and inspect any building, structure or property.
(2)
A building inspector making an inspection may:
(a)
collect data or samples:
(b)
make any inspection or study;
(c)
conduct any test;
(d)
examine books, records and documents; and
(e)
require the production of documents and property for the purposes of
examination or making copies.
(3)
When entering on land or into any building or structure under this section,
the building inspector may:
(a)
enter with any equipment, machinery, apparatus, vehicle or materials
that the building inspector considers necessary for the purpose of the
entry;
(b)
take any person who or thing that the building inspector considers
necessary to assist in the inspection.
(4)
Where the building inspector considers it necessary for the purposes of the
entry, the inspector may temporarily close the building, structure or property
until the inspection is complete.
Bylaw No. 11/2004
Page 6
(5)
Before entering on any property or into any building or structure, the
building inspector shall notify the owner or occupant, if the owner or
occupant is present at the time of the entry, of the purpose of the entry.
(6)
A building inspector must not enter a private dwelling without a warrant
issued under this section unless the owner or occupant consents.
(7)
A building inspector may apply without notice to a justice of the peace or a
judge of the provincial court for a warrant where a person:
(a)
refuses to permit the building inspector to enter on property or into
any building or structure to carry out an inspection; or
(b)
fails to produce any documents or property required for the inspection.
(8)
A justice of the peace or judge of the provincial court may issue a warrant
where the justice is satisfied by oath that the building inspector believes on
reasonable grounds that there is a contravention of this Bylaw or an order
made under this Bylaw.
(9)
A warrant issued under this section authorizes the person named in the
warrant to enter the place named in the warrant and any building or
structure connected with that place to:
(a)
inspect the property and connected buildings and structures;
(b)
search for and seize any books, records and documents;
(c)
request anything be produced to assist in the inspection; and;
(d)
make copies of anything related to the inspection.
(10) Every peace officer is under a duty to assist the building inspector in
enforcing a warrant issued under this section.
(11) While a building inspector is conducting an inspection under this section, no
person shall:
(a)
fail to comply with any reasonable request of the building inspector;
(b)
knowingly make any false or misleading statement to the building
inspector;
Bylaw No. 11/2004
Page 7
(c)
unless authorized by the building inspector, remove, alter or interfere
in any way with anything seized, detained or removed by the property
maintenance inspector; or
(d)
obstruct or interfere with the building inspector.
Compliance Orders
11.
(1)
If, in the opinion of the building inspector, there is a contravention of this
Bylaw or an order made under this Bylaw, in a building, structure or
property, the building inspector may issue to the owner, operator or
occupant of the building, structure or property a written order in which the
building inspector:
(a)
must specify the contravention;
(b)
must set out the act or thing the owner, operator or occupant of the
building, structure or property is required to do in order to remedy the
contravention;
(c)
must set out a reasonable time within which that person is to remedy
the contravention;
(d)
must inform the person receiving the order of the right to appeal;
(e)
must inform the person receiving the order that the person may appear
at the hearing of the appeal in person or by counsel or agent; and
(f)
must inform the person receiving the order that it is an offence to fail
to comply with the order.
(2)
Every order made under this Bylaw must be served:
(a)
in the case of service on an individual:
(I)
personally; or
(ii)
by mailing it by registered mail to the individual's last address
known to the person making the order; and
(b)
in the case of service on a corporation:
Bylaw No. 11/2004
Page 8
(I)
personally on a director, officer, or manager of the corporation;
or
(ii)
by leaving it at or mailing it by registered mail to the registered
office of the corporation or to the office of its attorney in
Saskatchewan, if it is an extra-provincial corporation.
(3)
An order served by registered mail is deemed to have been received on the
fifth day following the date of its mailing.
Carrying Out of Orders by Building Inspector
12.
(1)
The Building Inspector may carry out an act or thing required to be done by
an order if:
(a)
the person to whom the order is directed fails to comply with the order
within the time specified in the order and, no stay of the order has
been issued; or
(b)
after reasonable inquiry, the whereabouts of the owner, operator or
occupant of the building, structure or property that is the subject of the
order cannot be determined.
(2)
If an order is carried out by the Building Inspector under subsection (1), the
costs incurred in carrying out the order are a debt due to the City and may
be recovered from the owner of the building, structure or property.
(3)
If the costs mentioned in subsection (2) are not paid by the owner within 30
days of a written demand for payment by the City, the costs may be added
to and shall form part of the taxes on the land on which the work was done.
Appeal to City Council
13.
(1)
A person who is aggrieved by an order made by a building inspector may,
within 20 days of being served with the order, appeal the order to City
council. The person may appear before City Council in person or by
counsel or agent.
(2)
An appeal under this section is made by filing a written Notice of Appeal
setting out the reasons for the appeal with the City Council and serving a
copy of the Notice of Appeal on the Building Inspector.
Bylaw No. 11/2004
Page 9
(3)
City Council must consider the appeal within 20 days of the filing of the
appeal and may confirm, modify or revoke the order appealed from or
substitute its own order.
(4)
City Council shall cause a copy of its decision to be served by registered
mail on the appellant and the Building Inspector. A decision served by
registered mail is deemed to have been received on the fifth day following
the date of its mailing.
(5)
An appeal taken under this section does not operate as a stay of the order
appealed from unless City Council, on an application by the appellant,
decides otherwise.
Appeal to Saskatchewan Municipal Board
14.
(1)
A building inspector or a person who is aggrieved by a decision of City
Council may, within 30 days of being served with the decision, appeal the
decision to the Saskatchewan Municipal Board.
(2)
On receipt of an appeal under this section, the Saskatchewan Municipal
Board shall consider the appeal and may confirm, modify or repeal the
decision appealed from or substitute its own decision.
(3)
The Saskatchewan Municipal Board shall give written notice of its decision
to appellant and respondent in the appeal and any other person that the
Board considers may be interested in the decision.
(4)
An appeal taken under this section does not operate as a stay of the decision
appealed from unless the Board, on an application by the appellant, decides
otherwise.
Appeal to the Court of Queen's Bench
15.
(1)
Notwithstanding section 33 of The Municipal Board Act, a decision made
by the Saskatchewan Municipal Board under section 16 of this Bylaw may
be appealed to the Court of Queen's Bench within 30 days after the date the
decision is made on a point of law or jurisdiction only.
(2)
The Court of Queen's Bench may confirm, modify or repeal the decision
appealed from or order the matter be returned to the Saskatchewan
Bylaw No. 11/2004
Page 10
Municipal Board to be dealt with in light of the court's decision on the
question of law or jurisdiction.
Imminent Danger to Public Health and Safety
16.
Notwithstanding any other provision of this Bylaw, where in the course of an
inspection under this Bylaw, the Building Inspector is of the opinion that a
situation exists creating an imminent danger to public health or safety, the
Building Inspector may:
(a)
use any measures that the Building Inspector considers appropriate to
remove or lessen the situation; and
(b)
evacuate and close a building, structure or property where the
contravention exists for any period that the Building Inspector
considers appropriate.
Offences and Penalties
17.
(1)
No person shall:
(a)
fail to comply with an order made under this Bylaw;
(b)
obstruct or hinder any building inspector acting under the authority of
this Bylaw; or
(c)
fail to comply with any other provision of this Bylaw.
(2)
Every person who contravenes any provision of subsection (1) is guilty of
an offence and liable on summary conviction:
(a)
in the case of an individual, to a fine of not more than $10,000 and, in
the case of a continuing offence, to a further fine of not more than
$2,500 for each day during which the offence continues; and
(b)
in the case of a corporation, to a fine of not more than $25,000 and, in
the case of a continuing offence, to a further fine of not more than
$2,500 for each day during which the offence continues.
(3)
A conviction for an offence for failing to comply with an order does not
relieve the person convicted from complying with the order and the
Bylaw No. 11/2004
Page 11
convicting judge or justice of the peace may, in addition to any fine
imposed, order the person to do any act or work, within a specified time, to
comply with the order with respect to which the person was convicted.
Emergencies
18. In the event that it becomes an emergency to abate a nuisance, the City may take
whatever actions or measures are necessary to eliminate the emergency in
accordance with the provisions of section 331 of The Cities Act.
Part III
Responsibilities and Obligations
Obligations of Owner
19.
(1)
Unless otherwise specified, the owner of a building, structure or property is
responsible for complying with this Bylaw.
(2)
No owner shall use, permit the use of, rent or offer to rent any building,
structure or property that does not conform to the standards contained in this
Bylaw.
(3)
If required by an order of a building inspector, the owner of a building,
structure or property must maintain, repair or demolish the whole or
offending part of any building, structure or property that does not comply
with the standards in this Bylaw. Repairs must be done in accordance with
generally accepted construction practices.
(4)
No owner shall permit the existence of mice, rats, lice, bed bugs,
cockroaches, silverfish or other rodents, or vermin in any building, structure
or property.
(5)
Heating, ventilating, plumbing, mechanical and electrical appliances and
equipment must be installed, operated and maintained in proper working
condition so as not to create a hazardous condition.
(6)
No owner shall permit the existence of harmful moulds and mildews in any
building, structure or property.
Bylaw No. 11/2004
Page 12
Obligations of Occupant
20.
Every occupant of a building, structure or property must:
(a)
keep in a clean and sanitary condition that part of the building,
structure or property which the occupant occupies or controls;
(b)
maintain safe and unobstructed exits to the exterior of the building;
(c)
dispose of garbage and refuse and keep the building, structure or
property free from rubbish, trade wastes and other debris and
conditions which constitute fire, health or safety hazards; and
(d)
keep the supplied fixtures clean and sanitary and be responsible for the
exercise of reasonable care in their proper use and operation.
Part IV
General Standards
Nuisances
21.
(1)
If a building or structure is in a ruinous or dilapidated state, and in the
opinion of the Building Inspector:
(a)
is dangerous to the public safety or health; or
(b)
substantially depreciates the value of other land or buildings in the
vicinity;
the Building Inspector may order the owner, within the time specified in the
order, to demolish or remove the building, to remove all concrete above and
below grade, and to fill in any open basement or excavation remaining on
the site of the building after its demolition or removal.
(2)
The provisions of Part II of this Bylaw shall apply to an order issued under
this section.
(3)
If an order is made under this section, the Building Inspector may file a
notice of the order with the Registrar of the Land Titles Office to be entered
on the certificate of title for the lands to which the order applies.
Bylaw No. 11/2004
Page 13
(4)
Where a notice has been entered on the certificate of title under subsection
(3), the order runs with the land and is binding on the owner and any
subsequent owner.
Unoccupied Buildings
22.
(1)
If, in the opinion of the Building Inspector, an unoccupied building is
damaged and is an imminent danger to the public safety, the Building
Inspector may take any reasonable emergency action that is required to
secure the building and eliminate the danger.
(2)
The cost of the work is a debt due to the City, and may be added to, and
shall form part of the taxes on the land on which the building is situated.
(3)
If emergency action is taken under subsection (1), the Building Inspector
shall serve a notice by registered mail on the owner advising the owner of
the action taken and the intention of the City to charge the cost of the work
against the land and buildings.
(4)
A notice served by registered mail is deemed to have been received on the
fifth day following the date of its mailing.
(5)
If the owner disagrees with the need for the action of the City or the cost of
the work, the owner may appeal the matter in accordance with Sections 14,
15 and 16 of this Bylaw.
Untidy and Unsightly Lands or Buildings
23.
(1)
If, in the opinion of a building inspector, a building or property is untidy or
unsightly, the building inspector may order the owner or occupant of the
building or property to remedy the untidiness or unsightliness within the
time specified in the order.
(2)
Any property that is over grown with grass or weeds is deemed to be untidy
for the purposes of this section.
(3)
The provisions of Part II of this Bylaw shall apply to an order issued under
this section.
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Junked Vehicles
24.
(1)
If the owner or occupant of property keeps a junked vehicle on the property,
a building inspector may order the owner or occupant of the property to
remove and destroy the junked vehicle within the time specified in the
order.
(2)
The provisions of Part II of this Bylaw shall apply to an order issued under
this section.
Excavations
25.
(1)
If, in the opinion of a building inspector, any basement, excavation, drain,
ditch, watercourse, pond, surface water, swimming pool or other structure in
or on any private property or in or about any building or structure is a
nuisance and is dangerous to the public safety or health, the building may
order the owner or occupant of the property to remove, pull down, fill up or
otherwise deal with the nuisance within the time specified in the order.
(2)
The provisions of Part II of this Bylaw shall apply to an order issued under
this section.
Maintenance of Buildings
26.
(1)
If, in the opinion of a building inspector, a building, structure or property
does not conform to the minimum standards:
(a)
of fitness for human habitation; or
(b)
relating to the state of repair and maintenance of the physical
condition of the exterior of buildings or structures;
as set out in Part V of this Bylaw, the building inspector may order the
owner or occupant of the building, structure or property, within the time
specified in the order, to repair and maintain the building, structure or
property so as to conform with the minimum standards or to clear the site of
all buildings, structures, debris or refuse and to leave the site in a graded
and levelled condition.
(2)
The provisions of Part II of this Bylaw shall apply to an order issued under
this section.
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Dilapidated Buildings
27. Notwithstanding the generality of Section 5, no person shall cause or permit a
building or structure to deteriorate into a ruinous or dilapidated state such that the
building or structure:
(a)
is dangerous to the public health or safety; or
(b)
substantially depreciates the value of other land or improvements in the
neighbourhood.
Open Excavations
28.
Notwithstanding the generality of Section 5, no person shall cause or permit any
basement, excavation, drain, ditch, watercourse pond, surface water, swimming
pool, or other structure to exist in or on any private land or in or about any
building or structure which is dangerous to the public safety or health.
Part V
Property Maintenance Standards
Division 1 - Maintenance of Yards and Accessory Buildings
Application
29.
This division applies to all accessory buildings and yards within the City.
Maintenance of Yards
30.
(1)
A yard must be kept free and clean from:
(a)
garbage and junk;
(b)
junked vehicles and dismantled machinery;
(c)
excessive growth of weeds or grass;
(I)
"overgrown" means in excess of twenty (20) centimetres in
height
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(ii)
This section shall not apply to any growth which forms part of a
natural garden that has been deliberately implemented to produce
ground cover, including one (1) or more species of wildflowers,
shrubs, perennials, grasses or combinations of them, whether
native or non-native, consistent with a managed and natural
landscape other than regularly mown grass.
(d)
holes and excavations that could cause an accident;
(e)
an infestation of rodents, vermin and insects; and
(f)
dead or hazardous trees.
(2)
A yard must be graded in such a manner so as to prevent:
(a)
excessive ponding of water; and
(b)
excessive dampness from occurring in buildings.
Refrigerators
31.
(1)
Any refrigerator left in a yard must first have its hinges, latches, lid, door or
doors removed.
(2)
Nothing in this Section relieves a person from strict compliance with The
Abandoned Refrigerator Act, R.S.S. 1978, c.A-1.
Waste Disposal
32.
Every building must be provided with a sufficient number of receptacles to
contain all waste in accordance with the provisions of the City's Waste Bylaw.
Accessory Buildings
33.
Accessory buildings must be kept:
(a)
in a secured condition;
(b)
in good repair;
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(c)
free of infestation by rodents, vermin and insects; and
(d)
free of health, fire and safety hazards.
Fences
34.
Fences must be maintained in a safe and reasonable state of repair.
Division 2 - Building Standards
Application
35.
This division applies to all buildings in the City.
Exterior Walls
36.
(1)
All exterior surfaces must be made of materials which provide adequate
protection from the weather.
(2)
Exterior walls must be covered with an application of paint, stain, stucco,
brick, stone facing or other similar protective surface to protect the walls
from deterioration due to moisture penetration.
(3)
Exterior walls must be free of holes, breaks, loose or rotting boards or
timbers or any other conditions which might admit rain or dampness to the
interior walls or the interior spaces of the building.
Roofs
37.
(1)
A roof, including the fascia board, soffit, cornice and flashing must be
maintained in a watertight condition so as to prevent deterioration or
leakage of water into the building.
(2)
Loose materials, including dangerous accumulations of snow and ice, must
be removed from the roof of a building as soon as reasonably possible so as
to prevent damage to the building or injury to persons in or near the
building.
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(3)
Water running off a roof must be carried away from the building so as not
to cause dampness in the walls, ceilings or floors in the building but it must
not drain onto a public street so as to create a hazardous condition or onto
any adjacent property so as to damage that property.
(4)
Eavestroughing and down spouts must be watertight and maintained in good
repair.
Building Components
38.
(1)
The structural components of every building, including roofs, stairs, railings,
porches, decks, joists, rafters, beams, columns, foundations, floors, walls
and ceilings must be maintained in a safe condition and must be capable of
performing the function that they were intended to perform.
(2)
Every building must have operable doors and windows. Exterior doors and
bathroom doors must be equipped with adequate locking devices. Open
able windows must have screens.
(3)
Every building must have safe and adequate plumbing, electrical, ventilating
and heating systems, including chimneys where required.
(4)
Every building must have proper bathrooms or access to proper bathrooms
required for the particular occupancy.
Division 3 - Additional Standards for Dwelling Units
Application
39.
(1)
This Division applies to all dwelling units in the City.
(2)
The requirements of this Division are in addition to the requirements of
Division 2 of the Part.
Habitable Environment
40.
(1)
Every dwelling unit must provide a safe and sanitary environment for the
occupants.
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(2)
Every dwelling unit must be supplied with potable hot and cold running
water.
(3)
Every dwelling unit must be equipped with heating facilities capable of
maintaining proper heat in the dwelling unit.
(4)
Every dwelling unit must be equipped with electrical installations capable of
maintaining a reasonable level of illumination in the dwelling unit and a
sufficient number of plug-ins for electrical appliances normally found in a
dwelling unit.
(5)
Every dwelling unit must be provided with:
(a)
a toilet;
(b)
a wash basin; and
(c)
a bath or shower.
(6)
The wash basin must be in the same room as the toilet or in an accessible
adjoining room.
(7)
All bathrooms must have mechanical or natural ventilation and must be
fully enclosed and fitted with a door capable of being locked from the
inside in order to provide privacy for the occupant.
(8)
Sewage must be properly discharged into a sewage system.
(9)
Unless otherwise approved, every dwelling unit must be equipped with safe
and adequate cooking facilities for the occupants.
(10) Smoke alarms must be installed in each level of each dwelling unit in
accordance with the National Fire Code of Canada, 1995.
(11) Smoke alarms must be inspected, tested and maintained in accordance with
the National Fire Code of Canada, 1995.
(12) Smoke alarms within dwelling units must be installed between each sleeping
area and the remainder of the dwelling unit and, if the sleeping areas are
served by hallways, the smoke alarms must be installed in the hallway.
(13) Smoke alarms must be installed according to manufacturers instructions.
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Division 4 - Basement, Attic and Partial Storey Occupancies
Application
41.
(1)
This Division applies to dwelling units in basements, attics and partial
storeys.
(2)
The requirements of this Division are in addition to the requirements of
Divisions 2 and 3 of this Part.
Basement Occupancies
42.
Notwithstanding the other requirements of this Part, basement space must not be
used as a dwelling unit or habitable room unless it meets the following
requirements:
(a)
access to each dwelling unit or habitable room must be gained without
passage through a service room;
(b)
each dwelling unit or habitable room must be separated from a service
room by a fire separation having a fire-resistance rating of not less
than 20 minutes;
(c)
each dwelling unit must have at least two Open able windows. Every
bedroom in the dwelling unit must have at least one Open able
window. The bedroom window must have a minimum height of 380
mm, a minimum width of 380 mm and a minimum area of 0.35 square
metres;
(d)
each dwelling unit or habitable room must be equipped with a smoke
alarm in accordance with the National Fire Code of Canada, 1995;
(e)
each habitable room must have a minimum ceiling height of 2.1
metres over not less than 75% of the room area;
(f)
catch basins must not be located in any habitable room;
(g)
stairways must provide reasonable headroom clearance and be wide
enough to provide safe egress from the basement;
(h)
a handrail must be installed on at least one side of all basement stairs;
Bylaw No. 11/2004
Page 21
(i)
corridors must have a minimum height of 1.95 metres;
(j)
each dwelling unit must be separated from another dwelling unit by a
fire separation having a fire-resistance rating of not less than 20
minutes.
Attic and Partial Storey Occupancies
43.
Notwithstanding the other requirements of this Part, attic and partial storey space
must not be used as a dwelling unit or habitable room unless it meets the
following requirements:
(a)
each habitable room must have a minimum ceiling height of 2.1
metres over not less than 75% of the room area;
(b)
stairways must provide reasonable headroom clearance and be wide
enough to provide safe egress from the attic or partial storey;
(c)
a handrail must be installed on at least on side of all stairs leading to
an attic or partial storey;
(d)
each dwelling unit or habitable room must be equipped with a smoke
alarm in accordance with the National Fire Code of Canada, 1995;
(e)
corridors must have a minimum height of 1.95 metres;
(f)
each dwelling unit must be separated from another dwelling unit by a
fire separation having a fire-resistance rating of not less than 20
minutes.
Bylaw No. 11/2004
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Part VI
Commencement
Coming Into Force
44.
This Bylaw comes into force on the day of its passing.
Mayor
City Manager
INTRODUCED and READ A FIRST TIME this 21st Day of June, 2004 A.D.
READ A SECOND TIME this 21st Day of June, 2004 A.D.
READ A THIRD TIME AND PASSED by consent of members present this 21st Day
of June, 2004 A.D.