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CITY OF MOOSE JAW
Office
Consolidation
PROPERTY MAINTENANCE AND
NUISANCE BYLAW
Bylaw No. 5484
Date of Passage August 25, 2014
(effective date August 25, 2014)
Including amendments to September 11, 2017
Disclaimer:
This information has been provided solely for research
convenience. Official bylaws are available at the
Office of the City Clerk and must be consulted for purposes
of interpretation and application of the law.
This Bylaw has been consolidated under the authority of the City
Clerk. It represents proof, in absence of evidence to the contrary
of:
(a)
the original bylaw and of all bylaws amending it; and
(b)
the fact of passage of the original and all amending bylaws.
AMENDMENTS
DATE PASSED
FORCE/EFFECT
Bylaw No. 5542
September 11, 2017
September 11, 2017
1
BYLAW NO. 5484
PROPERTY MAINTENANCE AND NUISANCE BYLAW
=============================================
THE COUNCIL OF THE CITY OF MOOSE JAW ENACTS AS FOLLOWS:
PART I - INTERPRETATION
Short Title
1
This Bylaw may be cited as the Property Maintenance & Nuisance Bylaw.
Purpose
2
Pursuant to Section 8 of The Cities Act, the purpose of this Bylaw is to:
(a)
establish minimum standards for the proper maintenance of Property in
the City; and
(b)
provide for the abatement of nuisances caused by the condition of
Properties in the City that:
(i)
affect or may affect the safety, health and welfare of people in a
neighbourhood;
(ii)
affect or may affect the amenity of a neighbourhood; or
(iii)
substantially depreciate the value of other land and
improvements in the neighbourhood.
Definitions
3(1)
In this Bylaw:
(a)
"Act" means The Cities Act, SS 2002, c. C-11.1;
(a.i)
'barbed wire" means a type of steel fencing wire constructed with
sharp points arranged at intervals along the strand(s);
(Bylaw No. 5542)
(b)
"boarder" means a person who rents sleeping accommodations which
have no individual cooking facilities, and who may be furnished with
meals or other services as part of the consideration, but who is not a
member of the household occupying the principal dwelling unit and is
not the proprietor of a boarding house or boarding apartment;
2
(c)
"boarding apartment" means a building in which the proprietor
supplies sleeping accommodations for more than fifteen (15) boarders,
exclusive of the proprietor and the proprietor's household, and where
meals and other services may be provided, and where no cooking
facilities
are
present
in
any
individual
sleeping
room
or
accommodations;
(d)
"boarding house" means a building in which the proprietor supplies
sleeping accommodations for more than five (5) boarders, but not more
than fifteen (15) boarders, exclusive of the proprietor and the
proprietor's household, and where meals and other services may be
provided, and where no cooking facilities are present in any individual
sleeping room or accommodations;
(e)
"building bylaw" means the Bylaw of the City regulating the erection,
alteration, repair, occupancy, maintenance or demolition of buildings
and structures;
(f)
"Bylaw Enforcement Officer" means a person appointed by the City
Manager to enforce this Bylaw, Sections 324 to 337 of the Act and the
provisions of The Planning and Development Act, SS 2007, c P-13.2;
(g)
"City" means the City of Moose Jaw;
(h)
"Committee" means the Executive Committee of Council or the
committee designated by Council to hear applications or appeals
pursuant to this Bylaw;
(i)
"Council" means the Council of the City;
(j)
"dwelling unit" means a room or series of rooms that are operated as a
household and used and intended to be used as a domicile for one or
more persons, usually containing cooking, eating, living, sleeping and
sanitary facilities;
(k)
"graffiti" means any markings, drawings, inscriptions, or writings,
however made on a property or structure without the prior written
consent of the owner;
(l)
"junked vehicle" means any automobile, tractor, truck, trailer or other
vehicle that:
(i)
has no current valid license plate attached to it; or
3
(ii)
is in a rusted, wrecked, partially wrecked, dismantled or
partially dismantled, inoperative or abandoned condition; and
(iii)
is located on private land, but:
(A)
is not within a structure erected in accordance with any
law respecting the erection of buildings or structure in
the City;
(B)
does not form part of a business enterprise lawfully
being operated on that land;
(m)
"minimum standards" means the standards of maintenance and repair
of buildings and structures in the City, which are set out in this Bylaw;
(n)
"nuisance" means a Property that:
(i)
is in a condition that affects or may affect the amenity of a
neighbourhood;
(ii)
is dangerous to the public safety or health; or
(iii)
substantially
depreciates
the
value
of
other
land
or
improvements in the vicinity;
which Property:
(iv)
has a junked vehicle located on it;
(v)
is untidy or unsightly;
(vi)
is overgrown with grass or weeds;
(vii)
is fully or partially deteriorated, decayed or in disrepair;
(viii) is of faulty construction;
(ix)
is an unoccupied building that is damaged and dangerous to
public safety;
(x)
does not comply with the minimum standards;
(xi)
has an open excavation located on it;
(xii)
that has been placarded for more than 12 months; or
(xiii) is marked with graffiti;
(o)
"order" means an order made pursuant to Section 328 of the Act and
Section 68 of this Bylaw;
4
(p)
"owner" means the owner and/or occupant as defined in the Act;
(q)
"PDAct" means The Planning and Development Act, SS 2007, c. P-13.2;
(r)
"property" means land or improvements, or both;
(r.1)
"razor wire" means a mesh of metal strips with sharp edges whose
purpose is to prevent passage by humans;
(Bylaw No. 5542)
(s)
"service room" means a room provided in a building to contain
equipment associated with building service. Examples of service rooms
include, but are not limited to, boiler rooms, furnace rooms, incinerator
rooms, garbage handling rooms and rooms to accommodate air-
conditioning or heating appliances, pumps, compressors and electrical
equipment. Rooms such as elevator machine rooms and common
laundry rooms are not considered to be service rooms;
(t)
"structure" means any building, garage, fence, scaffolding, trailer, mobile
home, portable shack, garbage container, shed or like improvements;
(u)
"untidy or unsightly" means being in a unkempt, disordered, messy,
neglected, cluttered or unclean condition; deficient in order or neatness;
unpleasant to look at or aesthetically objectionable;
(v)
"vermin" means noxious or objectionable animals, especially those of
small size that appear commonly and are difficult to control, including,
but not limited to, flies, cockroaches, mice, rats and pigeons; and
(w)
"zoning bylaw" means Bylaw No. 5346, the Zoning Bylaw of the City
of Moose Jaw and amendments thereto.
(2)
Council designates the authority to appoint Bylaw Enforcement Officers for
the purposes of this Bylaw to the City Manager.
(3)
Unless otherwise specified, the terms in this Bylaw have the meaning set out in
the Act or the PDAct.
Responsibility
4
Unless otherwise specified, the owner of a property, including land, buildings
and structures, shall be responsible for carrying out the provisions of this
Bylaw.
5
PART II - NUISANCES
Nuisances Prohibited Generally
5
No person shall cause or permit any property, whether occupied or not, to
become, or continue to be a nuisance.
Order to Remedy
6
If an Inspector, as defined herein at Section 63, is of the opinion that a
nuisance exists on a property, the Inspector may issue an order to remedy the
nuisance.
Dilapidated Buildings
7
No owner shall cause or permit a building or structure to deteriorate into a
ruinous or dilapidated state such that the building or structure:
(1)
is dangerous to the public's safety;
(2)
substantially depreciates the value of other land or improvements in the
neighbourhood; or
(3)
is substantially detrimental to the amenities of the neighbourhood.
Unoccupied Buildings
8
No owner shall cause or permit an unoccupied building to become damaged or
to deteriorate into a state of disrepair such that the building is an imminent
danger to public safety.
Overgrown Grass and Weeds
9(1)
No owner shall cause or permit a property to be overgrown with grass or
weeds.
(2)
For the purpose of this section "overgrown" means fallen, matted or not
consistent with the amenity of the neighbourhood.
(3)
For the purpose of this section "weeds" shall mean "noxious weed" or
"nuisance weed" as defined The Weed Control Act, SS 2010, c.W-11.1.
(4)
This section shall not apply to any growth which forms part of a natural
garden that has been deliberately planted to produce ground cover,
including one 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.
6
Untidy and Unsightly Property (Accumulation of Materials)
10(1) No owner or occupier of a property shall allow the accumulation of:
(a)
any material that creates unpleasant odors;
(b)
any material likely to attract vermin; or
(c)
animal remains, parts of animal remains, or animal feces.
(2)
No owner of a property shall allow the open or exposed storage on the
property of any industrial fluid, including engine oil, brake fluid or
antifreeze.
(3)
No owner of a property shall allow the following to accumulate on that
property so as cause a nuisance:
(a)
loose garbage;
(b)
graffiti;
(c)
lumber, cardboard, paper, or newspapers;
(d)
bottles, cans, barrels, boxes or packaging materials;
(e)
household furniture, appliances or other household goods;
(f)
yard or garden implements;
(g)
automobile parts, including tires;
(h)
scrap metal;
(i)
parts of or disassembled machinery or equipment; and
(j)
yard waste, including grass, tree and hedge cuttings, but
excluding ground cover and the contents of a composting pile.
(4)
No owner of property shall allow the accumulation of building
materials, whether new or used, unless that owner or occupier can
establish that a construction or renovation project is being carried out
on the property and that:
(a)
the project has begun or the beginning of work is imminent;
(b)
the materials found on the property relate to the project taking
place and is in a quantity reasonable to complete the project;
7
(c)
the work on the project has not been suspended for a period in
excess of 60 days; and
(d)
the project has a finite completion date.
(5)
An owner shall ensure that all building material stored on a property
that is not in contravention of subsection (4) or the zoning bylaw is:
(a)
elevated at least 15 centimetres off the ground;
(b)
stacked at least 3 metres from the exterior walls of any building
and at least 1 metre from the property line;
(c)
stacked and stored in an orderly manner; and
(d)
clean of any excess building materials from any construction or
renovation project within 10 days of the completion of the
work.
Refrigerator/Freezer
11(1) Subject to subsection (2), no owner shall store a refrigerator, freezer or similar
appliance outside without first removing the hinges, latches, lid and doors of
such appliance.
(2)
An appliance described in subsection (1) may be stored outside with its
hinges, latches, lid and doors intact if it is maintained in good
appearance and operable condition and remains locked at all times with
a padlock and key or similar device.
Light
12
No owner of a property shall cause or allow any light fixture attached to that
property or illuminated signage to shine directly into the living or sleeping
areas of an adjacent dwelling house or to cause a nuisance to an adjacent
property.
Graffiti
13
No person shall permit graffiti to remain on any building or structure on
property owned by that person.
Burning Materials
14
No person shall permit the burning of materials on or in any property that
produces an odour so as to cause a nuisance. Fire places, including outdoor
fireplaces, used or intended to be used for burning fuels in open fires shall only
have clean, dry wood burnt in these appliances.
8
PART III - PROPERTY MAINTENANCE
Application
15
This Part applies to all property located within the City.
Duty to Maintain
16(1) All property, including land, buildings and structures, shall be maintained in
accordance with the minimum standards prescribed in this Part.
(2)
No person shall cause or permit the occupancy or use of any property,
including land, buildings or structures that do not conform to the
minimum standards.
(3)
Notwithstanding Section 4, every occupant of a property, including
land, buildings and structures, shall:
(a)
keep in a clean and sanitary condition that part of the property
which the occupant occupies or controls;
(b)
maintain exits to the exterior of the building in a safe and
unobstructed condition;
(c)
dispose of garbage and keep the property free from rubbish and
other debris which might constitute fire, health or safety
hazards; and
(d)
keep any owned or supplied fixtures clean and sanitary and
exercise reasonable care in their proper use and operation.
Division 1 - Yard and Accessory Building Maintenance
Maintenance of Yards
17(1) A yard shall be kept free and clean from:
(a)
garbage and junk;
(b)
junked vehicles and dismantled machinery as described in the
zoning bylaw;
(c)
excessive growth of weeds or grass;
(d)
an infestation of rodents, vermin or insects;
(e)
dead or hazardous trees; and
(f)
sharp or dangerous materials.
(2)
A yard shall be graded in such a manner so as to prevent;
(a)
excessive pooling of water;
9
(b)
excessive amounts of moisture accumulating near buildings or
structures; and
(c)
any accumulation of moisture that may adversely affect any
neighbouring property.
Fences and Walls
18(1) All fences and walls shall be maintained in a safe and reasonable state of repair
and free of graffiti. Fencing is to be appropriate for the neighbourhood, as
determined by a Development Officer.
(2)
Fences are to be constructed in accordance with Section 4.12 of Bylaw
No. 5346, Zoning Bylaw.
(3)
The use of barbed wire on any fence on a residential property is
prohibited.
(4)
Barbed wire may be used on a fence at a commercial or industrial
property and shall be a minimum height of six (6) feet from ground
level, but not higher than eight (8) feet.
(5)
No barbed wire shall protrude upon public areas (highways, sidewalks,
boulevards). Barbed wire use must be wholly situated upon the
owner's property.
(6)
The use of razor wire on any property is prohibited.
(Bylaw No. 5542)
Accessory Buildings
19(1) All accessory buildings shall be kept:
(a)
in good repair;
(b)
free of infestation by rodents, vermin and insects;
(c)
free of health, fire and safety hazards; and
(d)
free of graffiti.
(2)
Accessory buildings shall be equipped with doors or closures and shall
be kept secured so as to prevent unauthorized entry.
Division 2 - Exterior Maintenance
Building Components
20
The structural components of every building, including roofs, stairs, railings,
porches, decks, joists, rafters, beams, columns, foundations, floors, walls, and
ceilings shall be maintained in a safe condition, and shall be capable of
performing the function that they were intended to perform. They shall be
capable of sustaining their own weight and any normal load to which it may be
subject.
10
Exterior Surfaces
21(1) All exterior equipment on a building including fans, vents, and air conditioners
shall be maintained in a rust-free condition, and operational state of repair.
(2)
All signs, billboards, posters, and address signs attached to a building
shall be maintained:
(a)
so as not to cause any unsafe condition; and
(b)
without visible deterioration of the sign and its supporting
structure.
(3)
All supporting structures or cables previously used to hold a
sign that are no longer used for that purpose or are not properly
secured shall be removed.
Exterior Walls
22(1) All exterior surfaces must be made of materials which provide adequate
protection from the weather.
(2)
All exterior surfaces 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)
All exterior walls must be free of holes, breaks, loose or rotting boards
or timbers or any other conditions, which might admit rain, moisture or
dampness to the interior walls or the interior spaces of the building.
Roofs, Eavestroughs and Downspouts
23(1) All roof structures, including the fascia board, soffit, cornice and flashing shall
be maintained in a watertight condition so as to prevent deterioration or
leakage of water into the building.
(2)
All loose materials, including dangerous accumulations of snow and
ice, shall 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.
(3)
Water running off a roof shall be carried away from any building that
requires a permit under the building bylaw so as not to cause dampness
in the walls, ceilings or floors in the building, but it shall 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)
All eavestroughing and downspouts shall be watertight and maintained
in good repair.
11
(5)
Where downspouts are not connected to a storm sewer directly, a 2
metre length extension is required, which discharges to either the front
or rear yard and shall be maintained as to drain away from
neighbouring properties at all times.
Chimneys
24(1) All chimneys, flue pipes and smoke stacks shall be maintained in good repair
so as to prevent gases, water or any other substance from leaking into the
building.
(2)
All chimneys, flue pipes and smoke stacks shall be free of any defects
and all defective masonry or metal components repaired or replaced as
needed.
(3)
All chimneys, flue pipes and smoke stacks shall be kept clear of
obstructions and shall be reasonably tight-fitting within its frame.
Exterior Doors, Storm Doors, Windows and Screens
25(1) A door shall be provided at each entrance to a building and when closed it shall
be reasonably tight-fitting within its frame.
(2)
All exterior doors, windows, storm and screen windows, shutters and
hatchways and their associated hardware and locks in a building shall
be maintained in a weather-tight condition so as to perform their
intended function, including:
(a)
repairing, refitting or replacing of defective doors, storm doors
and their associated hardware, windows and storm windows,
frames, sashes, casing, shutters, hatchways or screens;
(b)
rescreening or weather-stripping if required; and
(c)
painting or the application of a similarly effective preservative.
(3)
All windows and doors, which open to the exterior and which are used
for natural ventilation or illumination, shall be screened so as to
provide protection from the weather and insects with a wire mesh
screen, metal grill or other durable material suitable to prevent the
intrusion of rodents and other vermin.
(4)
Openable windows within 2 metres of ground level shall have an
acceptable locking mechanism.
(5)
Exterior doors shall have an acceptable locking mechanism.
(6)
Windows and glass doors, which separate heated space from unheated
space or the exterior, shall be at least double glazed unless there is a
separate storm door or window.
12
Stairs, Porches, Decks and Railings
26
All stairs, porches, decks and railings shall be installed as per the requirement
of the latest adopted edition of the National Building Code of Canada and any
amendments thereto and maintained in good repair so that no components are
broken, loose, rotted or warped.
Vermin and Rodents
27
All buildings shall be maintained to prevent the entry of vermin, rodents and
insects and shall be kept free of the infestation of vermin and rodents at all
times so as not to constitute a health hazard.
Division 3 - Interior Maintenance
Application
28
This Division applies to all buildings in the City.
Floors and Stairs
29(1) Floors and stairs shall be free of loose, warped, protruding or rotting
floorboards.
(2)
Floor and stair coverings, including tiles, linoleum, hardwood and
carpeting, shall be kept in a reasonable state of repair.
Walls and Ceilings
30(1) The surface of every wall and ceiling shall be maintained:
(a)
in good repair, free from holes, broken, torn, damaged, decayed
or stained material; and
(b)
painted or finished in a suitable manner.
(2)
The surface of every wall and ceiling shall be maintained in a
reasonably clean and sanitary condition. Surfaces shall be cleaned so as
to avoid buildup of grease or other flammable material.
Plumbing, Heating and Mechanical Standards
Water Supply
31(1) Every building shall be provided with an adequate supply of potable running
water.
(2)
Every sink, washbasin, laundry, bathtub or shower in a building shall
have an adequate supply of potable hot and cold running water relative
to the occupancy of the building.
(3)
Every toilet shall have an adequate supply of running water.
13
Plumbing Facilities
32(1) All plumbing in a building, including fixtures, drains, waterpipes and
connecting lines to the water and sewer systems, shall be:
(a)
protected from freezing;
(b)
maintained in good working order;
(c)
repaired and free from leaks or other defects; and
(d)
installed and maintained so all drains effectively drain the
fixture.
(2)
All rooms with toilets shall be fully enclosed and fitted with a door
capable of being locked from the inside in order to provide privacy for
the occupant.
(3)
Seats shall be provided for all toilets and the seats shall be kept in good
repair.
Gas and Open Flame Type Appliances
33(1) Gas stoves, water heaters and other gas appliances shall be equipped with
suitable pipes or flues for the removal of the products of combustion.
(2)
All gas appliances shall be:
(a)
of an approved type;
(b)
installed as per the manufacturer's specifications; and
(c)
kept in a proper state of repair.
Solid Fuel Burning Appliances
34(1) Fireplaces and similar installations used or intended to be used for burning
fuels in open fires, shall be connected to approved chimneys, smoke pipes,
flues or gas vents.
(2)
Solid fuel burning appliances, including but not limited to fireplaces,
wood stoves and similar installations shall be kept clear of obstruction
and cleaned so as to prevent the heating of adjacent combustible
material and structural members to unsafe temperatures and should be
effectively vented to outside air.
(3)
All chimneys, smoke pipes, flues or gas vents shall be free of leaks and
be maintained in a proper state of repair.
Ventilation
35 (1) Every basement, crawl space and similar space shall be adequately ventilated
to the outside.
14
(2)
Every opening for natural ventilation other than windows shall be
constructed to provide protection from the weather, vermin, rodents and
insects.
(3)
Screening shall be of rust-proof material.
Electrical Services
36(1) All buildings shall be supplied with electrical service that is adequate to safely
meet the electrical needs of the building.
(2)
Extension cords, if used, shall be of an approved type and shall not
exceed the circuit capacity.
(3)
Extension cords shall not be used in lieu of permanent wiring for
electrical outlets, lighting fixtures and switches.
Light
37
Adequate artificial light shall be available and the fixtures supplying the light
shall be maintained at all times in all rooms and in every stairway, corridor,
hall, elevator, storage room, service room and basement of a building.
Egress
38 (1) Every building shall have a means of egress so as to provide a safe, continuous
and unobstructed exit from the interior of the building to the exterior at street
or grade level.
(2)
Every means of egress shall be maintained in good repair and free of
obstructions which constitute a fire hazard.
Structural Standards
39 (1) Every foundation wall forming part of a building shall be maintained in good
repair and be structurally sound so as to prevent undue settlement of the
building.
(2)
Every part of a building shall be maintained in a structurally sound
condition so as to be capable of sustaining safely its own weight and
any normal load to which it may be subjected.
(3)
Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
Division 4 - Additional Standards for Dwelling Units
Application
40(1) This Division applies to all dwelling units in the City.
15
(2)
The requirements of this Division are in addition to the requirements of
Divisions 2 and 3.
Habitable Environment
41
Every dwelling unit shall provide a safe and sanitary environment for the
occupants in accordance with the requirements of this Division.
Heating
42(1) Every dwelling unit shall be equipped with adequate heating facilities properly
installed and maintained in a safe and good working condition.
(2)
Portable room heaters shall not be used as a primary source of heat.
(3)
Fuel-burning equipment shall be vented by means of rigid connections
to a chimney or flue which provides a sufficient outlet for the escape of
all noxious gases.
(4)
Service rooms shall not be used for sleeping.
Sanitary Facilities
43(1) Every dwelling unit shall be provided with a functioning toilet, wash basin,
bathtub or shower and kitchen sink.
(2)
In every dwelling unit used as a boarding apartment or boarding house
where sanitary facilities are shared:
(a)
all occupants shall have convenient access to a bathroom, wash
basin and bathtub or shower;
(b)
all required facilities shall be located within the building so as
to be accessible from a common hall or passageway without
going outside of the building or through another occupant's
quarters;
(c)
all required facilities shall not be located more than one floor
away from the dwelling unit; and
(d)
the number of occupants sharing the use of the bathroom, wash
basin and bathtub or shower shall not exceed 8 persons.
(3)
Bathtubs, showers or toilets shall not be located in any habitable room.
(4)
The wash basin shall be in the same room as the toilet or in an
accessible adjoining room.
(5)
All bathrooms shall have mechanical or natural ventilation.
(6)
Sewage shall be properly discharged into the sewage system.
16
Ventilation
44(1) Every habitable room shall have at least one window, which can be easily
opened without tools or special knowledge, and remain open on its own.
(2)
All enclosed spaces within a dwelling unit shall:
(a)
be adequately ventilated;
(b)
have access of sufficient size to permit entry; and
(c)
be fitted with a door or panel to enclose the opening except
when the access opening is from the adjacent basement and
provides ventilation to the crawl space.
Electrical Facilities
45 (1) Every habitable room, other than a kitchen, shall have at least one approved
electrical outlet.
(2)
Every kitchen shall have at least two approved electrical outlets.
(3)
At least one lighting outlet with fixture shall be provided in every
kitchen, utility room, laundry room, dining room, bathroom, hallway,
stairway, storage room and service room. The fixture shall be
permanently installed and shall be maintained in good working order.
Kitchen Facilities
46
Unless otherwise approved, every dwelling unit shall be equipped with safe
and adequate cooking facilities for the occupants.
Egress
47
Every doorway providing egress from a dwelling unit to an exit or a means of
exit shall be equipped with a door and frame having a fire resistance rating of
not less than 20 minutes. The door shall be equipped with a latch and closer.
Fire Safety Standards
48(1) If more than one dwelling unit is located above the first floor, every dwelling
unit located on each floor above the first shall have access to a second means
of egress which shall not pass through a room in another dwelling unit.
(2)
Every dwelling unit shall meet the requirements of the City of Moose
Jaw's Fire Prevention Bylaw, No. 5070.
Division 5 - Basement and Attic Occupancies
Application
49(1) This Division applies to dwelling units in basements and attics.
17
(2)
The requirements of this Division are in addition to the requirements of
Divisions 2, 3, and 4 of this Part.
Special Requirements for Basement and Attic Occupancies
50 (1) Notwithstanding the other requirements of this Part, a basement and attic space
shall not be used as a dwelling unit or habitable room unless such space meets
the requirements of the Building Bylaw, together with the following additional
requirements:
(a)
access to every dwelling unit or habitable room shall be gained
without passage through a service room;
(b)
every dwelling unit shall be separated from another dwelling
unit (walls and ceilings) by a fire separation having a fire-
resistance rating of not less than 1 hour;
(c)
every service room shall be separated from all adjacent areas by
a fire separation having a fire-resistance rating of not less than 1
hour (walls only). Every service room shall have a solid core
door complete with a latch and closer;
(d)
an interior stairway, used for the purpose of exiting a dwelling
unit, shall be separated from the remainder of the building by a
fire separation having a fire-resistance rating of not less than 1
hour;
(e)
the rise, run, tread depth, width and head room of stairs
forming part of an interior stairway used for the purpose of
exiting a dwelling unit shall be of a reasonable size for its
purpose and the stairs shall have a handrail installed on at least
one side;
(f)
every dwelling unit shall have at least two outside windows
openable from the inside without the use of tools or special
knowledge. Every bedroom in a dwelling unit shall have at least
one unobstructed openable window; and
(g)
a separate source for fresh combustion air shall be provided in
every service room.
(2)
No person shall rent a dwelling unit to an occupant that does not
comply with the requirements of this section.
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PART IV - ENFORCEMENT, PENALTIES AND OFFENCES
Bylaw Enforcement Officers
51(1) The following persons are hereby appointed as Inspectors for the purpose of
administering and enforcing the provisions of this Bylaw and are deemed to be
designated officers pursuant to Section 324 of the Act for the purposes of
inspecting property and places:
(a)
a peace officer within the meaning of the Criminal Code of
Canada, R.S.C. 1985, c.C-46;
(b)
a person employed or retained by the City and appointed as a
"Fire Prevention Officer" for the City;
(c)
a person employed or retained by the City and appointed as a
"Building Official" for the City; and
(d)
a person employed or retained by the City and appointed as a
"Bylaw Enforcement Officer" for the City.
(2)
The persons appointed pursuant to subsection (1) may represent the
City before the Committee, a justice of the peace or provincial court
judge in the prosecution of anyone who is charged with a contravention
of any bylaw of the City.
(3)
Inspectors are entitled, while performing the duties of their office, to all
the protection to which peace officers are entitled pursuant to the
Criminal Code of Canada.
Inspections
52(1) An Inspector is hereby authorized to enter property and to inspect any premises
in the City to determine if the provision and requirements of this Bylaw are
being complied with or contravened, as the case may be.
(2)
Inspectors appointed pursuant to the authority of this Bylaw, during the
term of their appointment, are designated for the purpose of conducting
inspections within the meaning of Section 324 of the Act and all
inspections conducted pursuant to the authority of this Bylaw shall be
carried out in accordance with the provisions of this Bylaw and the Act.
(3)
Subject to subsection (4) and (5), for purposes of inspection, an
Inspector may enter and inspect any property during daylight hours or
any business premises during normal business hours, with or without
the consent of the owner or occupant of that property or premises.
(4)
In the event the owner or occupant of a property or premises that is the
subject matter of an inspection asks or directs an Inspector to leave, the
Inspector and any person assisting that officer shall promptly and
directly exit that property or premises, as the case may be.
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(5)
No Inspector shall enter a dwelling house or any other building or
structure located on residential property without the consent of the
owner or occupant of that property or Order of the Court.
(6)
In the event an Inspector is refused access or entry to any property or
premises pursuant to subsections (4) or (5), that Inspector may apply to
a justice of the peace or a provincial court judge for a warrant pursuant
to Section 325 of the Act.
(7)
No person shall obstruct an Inspector who is authorized to conduct an
inspection under this Section, or a person who is assisting an Inspector.
Order to Remedy Contraventions
53(1) If an Inspector finds that a person is contravening any provision of this Bylaw,
the Inspector may, by written Order, require that person to remedy the
contravention.
(2)
Orders given under this Bylaw shall comply with the requirements of
Section 328 of the Act and shall be served in accordance with Section
347 of the Act.
(3)
Prior to performing any work to comply with an Order, the owner or
occupant of the property must apply for, and obtain, all permits and
approvals required by law for the work.
(4)
Any person who removes, defaces or destroys an Order posted pursuant
to Section 347(1)(d) of The Cities Act is guilty of an offence and is
liable upon summary conviction to a fine of not less than $150.00.
Appeal of Order to Remedy
54(1) A person may appeal an Order made pursuant to Section 53 in accordance with
the procedures set forth in Section 329 of the Act.
(2)
The Committee is hereby designated as the local appeal board within
the meaning of Section 329 of the Act for the purpose of hearing
appeals from Orders made pursuant to Section 53 and, for such
purposes, the Committee shall have the authority set forth in Section
329 of the Act.
Registration of Order to Remedy
55
If an Order is issued pursuant to Section 53, the City may, in accordance with
Section 328 of the Act, give notice of the existence of the Order by registering
an interest against the title to the property that is the subject of that Order.
City Remedying Contraventions
56
The City may, in accordance with Section 330 of the Act, take whatever
actions or measures are necessary to remedy a contravention of this Bylaw or
prevent a re-occurrence of the contravention.
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Civil Action to Recover Costs
57(1) The expenses and costs of an action or measure taken by or on behalf of the
City pursuant to Section 56 are an amount owing to the City by the person who
contravened the Bylaw.
(2)
The City may, in accordance with Section 332 of the Act, collect any
unpaid expenses and costs incurred in remedying a contravention of
this Bylaw by civil action for debt in a court of competent jurisdiction.
Adding Amounts to Tax Roll
58
The City may, in accordance with Section 333 of the Act, add any unpaid
expenses and costs incurred by the City in remedying a contravention of this
Bylaw to the tax roll of the property to which the work was done.
Emergencies
59
In the event that it becomes an emergency to remedy a contravention of this
Bylaw, the City may take whatever actions or measures are necessary to
eliminate the emergency in accordance with the provisions of Section 331 of
the Act.
False Statements Prohibited
60
No person shall knowingly make a false or misleading statement to an
Inspector or produce a false document or thing to a person who is acting
pursuant to the authority of this Bylaw.
Offences, general
61(1) No person shall:
(a)
fail to comply with an Order made pursuant to this Bylaw;
(b)
permit the same circumstances that precipitated an Order made
pursuant to this Bylaw to recur;
(b)
fail to comply with any 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;
(b)
in the case of a corporation, to a fine of not more than $25,000;
and
(c)
in the case of a continuing offence, to a maximum daily fine of
not more than $2,500 per day.
(3)
If an individual is convicted of an offence pursuant to this Section, and
if the individual fails to pay the fine with respect to the conviction
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within the prescribed time, the individual convicted may be imprisoned
for a term of not more than one year, unless the fine is paid sooner.
Minimum Penalty
62
Notwithstanding subsection 61(2), the minimum penalty that may be
prescribed on summary conviction where a person fails to comply with an
Order to Remedy Contravention made pursuant to section 53 of this Bylaw
shall be:
(a)
for a first offence, $500;
(b)
for a second offence, $750; and
(c)
for a third or subsequent offence, $1,000.
Repealing Bylaws
63
The following bylaws are repealed:
(1)
Bylaw No. 4820; and
(2)
Bylaw No. 4823.
Coming into Force
64
This Bylaw shall come into force on the day of its final passage.
READ A FIRST TIME ON AUGUST 11, 2014.
READ A SECOND TIME ON AUGUST 11, 2014.
READ A THIRD TIME AND PASSED ON AUGUST 25, 2014.
(Sgd.) "Deb Higgins"
(Sgd.) "Myron Gulka-Tiechko"
MAYOR
CITY CLERK
(seal)