CORPORATION OF THE TOWNSHIP OF MACHAR

 

BY-LAW NO. 16-96

 

Being a by-law to prescribe standards for the

Maintenance and occupancy of buildings and property

 

 

WHEREAS the Corporation of the Township of Machar (hereinafter called the “Township”) desires to enact a by-law pursuant to the provisions of Section 31 of the Planning Act, R.S.O. 1990, c. P.13, s. 31.

 

AND WHEREAS there is an Official Plan in place which includes provisions relating to the maintenance and occupancy standards.

 

NOW THEREFORE the Council of the Township hereby enacts as follows:

 

PART 1

 

1.         SHORT TITLE:  This by-law may be cited as the “Property Standards By-Law”.

 

2.         DEFINITIONS:

 

2.1              Accessory Building – A detached building subordinate and related to the primary

use on the property not used for human habitation, located on the same property as the main building and shall include, but not be limited to, garages, sheds, barns and similar storage facilities.

 

2.2              Building – Any structure used or intended for supporting or sheltering any use of

occupancy.

 

2.3              Committee – The Property Standards Appeal Committee as appointed by the

Township.

 

2.4              Council – The Municipal Council of the Township.

 

2.5       Dwelling – A building or structure or part of a building or structures occupied or

            capable of being occupied in whole or in part for the purpose of human habitation

            and includes the land and premises appurtenant thereto and all accessory buildings         and fences thereon or therein and includes a building that would be used, is

            intended to be used, or is capable of being used for such purpose, except for the

            state of disrepair.

 

2.6       Exterior Property Area – Any property on a lot not covered by buildings.

 

2.7              Good Repair – The state of a property that conforms with the standards of

physical condition and use for occupancy as set out in this by-law and shall be in such a condition that is free from fire, health and accident hazards.

 

2.8              Maintenance – The preservation and keeping in good repair of a property

building.

 

2.9              Noxious Weeds – Any weeds classed as noxious by the Weed Control Act R.S.O.

1990, c. W.5 and any regulations made pursuant to the aforementioned Act.

 

2.10          Occupant – Any person over the age of eighteen years in possession of the

property.

 

2.11          Officer – A property standards officer or any other officer who has been assigned

by the Property Standards By-law Committee to enforce and administer the by-laws passed under Section 31 of the Planning Act R.S.O. 1990, c. P.13, as amended from time to time.

2.12          Owner – The person, for the time being, paying the municipal taxes or managing

or receiving the rent of the land or premises in question, whether on his or her own account or as an agent or trustee of any other person or who would so receive the rent if such land and/or premises were let and shall also include the lessee or occupant of the property who, under the terms of the lease, is required to maintain and repair the property in accordance with the standards for the maintenance and occupancy of the property.

 

2.13          Property – A building or structure or part of a building or structure and the lands

and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, accessory buildings, fences heretofore or hereafter erected and includes vacant property.

 

2.14          Repair – 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, and in the conformity with all other legislation.

 

2.15          Sewage – Any liquid waste containing animal, vegetable or mineral matter in

suspension or solution but does not include roof water or runoff.

 

2.16          Sewage System – The Township sanitary sewer system or a private sanitary

sewage disposal system approved by the Ministry of Environment or the Medical

            Officer or Health Officer or other official in the Township having jurisdiction

            including the Officer.

 

2.17          Standards – The standards of physical condition and occupancy prescribed for

property by this by-law.

 

2.18          Vacant Land – Any property on which there are not structures of any kind.

 

2.19     Vehicle – Includes a motor vehicle, trailer, boat, motorized snow vehicle and

            mechanical equipment, or any part of a motor vehicle, trailer, boar, motorized

            snow vehicle and mechanical equipment, whether operable or not.

 

2.20     Yard – Any land appurtenant to a building or structure and used or intended to be

            used or capable of being used in connection therewith.

 

3.         GENERAL

 

3.1       Where a provision of this by-law conflicts with a provision of another by-law,

            regulation or legislation in force in the Township, the provision that establishes

            the higher standards shall prevail.

 

3.2              If any provision of this by-law is declared invalid for any reason, the remaining

provisions shall remain in effect.

 

3.3              This by-law shall apply to all property within the limits of the Township.

 

3.4       Nothing in this by-law shall relieve any person or corporation from the obligation

            to comply with the requirement of the Ontario Building Code Act or any by-law

            of the Township in force from time to time, or any obligation to obtain any

            license, permit, authority or approval required under any by-law of the Township.

 

 

PART 2

 

EXTERIOR PROPERTY AREAS

 

 

1.         GARBAGE

 

1.1              Every dwelling shall be equipped with sufficient receptacles to contain all

garbage, rubbish and ashes in a sanitary manner.

 

1.2              All garbage, refuse and ashes should be disposed of in a manner acceptable to the

Local Medical Officer of Health or the Ministry of Environment.

 

2.         YARDS

 

2.1              All yards shall be kept free and clean from rubbish and other debris and from

objects or conditions that might create a health, fire or accident hazard.

 

2.2              All yards shall be kept free from excessive weed growth and grasses so as not to

create a fire, health or accident hazard.  Plants designated as noxious weeds under the Weed Control Act shall be eliminated from all yards.

 

2.3              Any vehicle which is in a wrecked, discarded, dismantled, partly dismantled or

abandoned condition shall not be stored or left in a yard, but this shall not prevent the occupant of any premises from repairing a vehicle for his own use and not for commercial purposes while such repair is actively carried on.

 

2.4              Steps, walkways, driveways, parking spaces and similar areas of the yard shall be

maintained so as to afford the safe passage under normal use and weather conditions.

 

3.         FENCES AND ACCESSORY BUILDINGS

 

3.1       Accessory buildings and fences shall be kept in good repair.

 

4.         DRAINAGE AND SEWAGE

 

4.1              Sewage or organic waste shall be disposed of in a manner acceptable to the local

health authorities and the Ministry of Environment.

 

4.2              Storm water shall be drained from the property so as to prevent excessive ponding

or the entrance of water into a basement or cellar.

 

4.3              Exterior property areas shall be graded and maintained to prevent ponding of

water creating an unsafe condition.  Catch basins and swales shall be installed and maintained where necessary to facilitate drainage and so not as to impede natural flow of water.

 

5.         STRUCTURAL STANDARDS (FOUNDATIONS AND STRUCTURAL

            CAPABILITY)

 

5.1              The foundation walls, basement, cellar or crawl space floors should be maintained

in good repair, structurally sound so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use, and waterproof.

 

5.2              Every part of a building should be maintained in a structurally sound condition so

as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use.  Materials which have been damaged or show evidence of rot or other deterioration shall be repaired or replaced.

 

5.3              Every exterior wall, roof, porch, chimney or appurtenance of a building shall be

maintained in a manner so as to prevent collapse of the same or injury to the occupants of the dwelling or to the public.

 

5.4              Every outside stair porch, balcony or landing actually in use or available for use

shall be maintained in good repair so as to be free of holes, cracks or other defects which may constitute possible accident hazards.

 

5.5              Windows, roofs, exterior doors and basement or cellar hatchways shall be

maintained in good repair so as to prevent the entrance of wind, rain and snow into the dwelling.

 

5.6              The exterior walls and their components shall be maintained so as to prevent

their deterioration due to weather and shall be so maintained by the painting, restoring or repairing of the walls.

 

 

PART 3

 

PROPERTY STANDARDS BY-LAW ENFORCEMENT

 

1.         PROPERTY STANDARDS COMMITTEE AND PROPERTY STANDARDS

            OFFICER

 

1.1              This By-law shall be administered by a Property Standards Officer and a Property

Standards Committee appointed by Council.

 

1.2              The Property Standards Committee shall be composed of not fewer than three

individuals who shall hold office for a term as provided for by Council in accordance with The Planning Act R.S.O. 1990, c. P.13 as amended from time to time.

 

2.         INSPECTION

 

2.1              Except as provided for in Part 3, section 2.2, an Officer and any person acting

under the authority of the Officer may, at all reasonable times and upon producing proper identification, enter and inspect any property.

 

2.2              The Officer and any person acting under the authority of the Officer may not enter

a dwelling without requesting the permission of the occupant, first having informed the occupant that the right of entry may be refused and entry made only under the authority of a search warrant issued under The Provincial Offences Act R.S.O. 1990, c. P.33, s. 158, as amended from time to time.

 

3.         NOTICE OF NON-CONFORMITY

 

3.1              If, after inspection, the officer is satisfied that a property does not conform with

the standards described in this by-law, the officer shall issue a notice.

 

3.2              The Notice shall:

 

(a)    contain the particulars of the non-conformity including the municipal address

or the legal description of such property;

 

(b)    state that any owner, or other person responsible for the repair of the property

who desires to make representation in respect of the property or the work being done has the right to an appearance before the Officer or may make such representation in writing;

 

(c)    state any request for an appearance before the Officer shall be made within a

reasonable time of serving the Notice and that any written representation shall be made within the same time, failing which, an Order may be issued under Part 3, section 8 of the by-law;

 

(d)    state the name of the Officer and address of the Officer giving the Notice.

 

3.3              The Officer shall serve the Notice of cause the notice to be served by personal

service or send the Notice by prepaid registered mail to the owner of the property and all persons shown by the records of Land Registry Office and the Sheriff’s Office to have any interest therein, a Notice containing particulars of the non-conformity and may, at the same time, provide all occupants with a copy of such notice.

 

3.4              The Notice, when sent by registered mail, shall be sent to the last known address

of the person to whom it is sent.

 

4.         PLACARDING OF THE NOTICE

 

4.1              If the Officer is unable to effect service of the Notice, the Officer and any person

acting under the authority of the Officer shall place a placard containing the terms of the Notice in a conspicuous place on the property, and the placing of the placard shall be deemed to be sufficient service of the Notice on the owner or other persons responsible for the condition of the property.  Once posted, no person shall remove any sign, notice, order or placard placed on the property by an Officer pursuant to this by-law.

 

5.         DATE OF SERVICE OF NOTICE

 

5.1              The effective date of service shall be on:

 

(a)    the date the Notice has been effected by personal service upon the owner or

the owner’s agent;

 

(b)    the date the Notice is delivered for registered mailing to the Post Office;

 

(c)    the date of the placarding of the property in accordance with The Planning Act R.S.O. 1990, c. P.13, as amended from time to time.

 

6.         RESPONSIBILITY OF THE LESSEE

 

6.1              Where a notice is directed to any owner to repair or demolish and the property in

question is used or occupied by a person or persons holding such property under the provisions of a lease, oral or written, the occupant of the said property shall afford entry to the owner or the owner’s agent at all reasonable times so that the owner may inspect the conditions specified in the Notice and/or carry out the required repairs provided that the owner has completed with The Landlord and Tenant Act, R.S.O. 1990, c. L.7, as amended from time to time.

 

6.2              The occupant of any property, to the extent that they are made responsible by the

lease or the agreement under which they occupy the property, shall be required to repair or maintain the property in accordance with the standards or to demolish the whole or any part of the property.

 

7.         DATE OF APPEARANCE BEFORE THE OFFICER

 

7.1       Any appearance before the Officer requested by an owner or lessee responsible

            for repairs and clearance shall be held by the Officer within a reasonable time of

            the receipt of the request.  Such owner or lessee shall have the right to make such

            representations in connection with the Notice and present such evidence as they

            desire at the appearance before the Officer.

 

8.         ORDERS TO CONFORM

 

8.1              After affording any person served with the Notice an opportunity to appear before

the Officer and to make representations in connection therewith, the Officer may

make an Order concerning the repairs to be effected or the work to be carried out on the property.

 

8.2       Any Order made by the Officer under this section shall provide:

 

(a)    the municipal address or the legal description of such property;

 

(b)  reasonable particulars of the repairs to be effected or state that the site is to be

      cleared of all buildings, structures, debris or refuse and left in a graded and

      leveled condition;

 

            (c)  the period in which there must be compliance with the terms and conditions

                  of the Order and Notice;

 

(d)    that if such repair or clearance is not carried out within the time specified in

the Order, the Township may carry out the repair or clearance at the expense

of the owner or lessee;

 

(e)    the final date and manner for giving notice of appeal from the order pursuant

to Part 3 section 13.1;

 

(f)      the name of the Officer and the address of the Property Standards Committee.

 

8.3       The Officer shall serve the Order or cause the Order to be served by personal

            service, or send the Order by prepaid registered mail, to the owner of the property

            and all persons shown by the records of the Land Registry Office and the Sheriff’s

            Office to have any interest therein, an Order containing particulars of the non-

            conformity and may, at the same time, provide all occupants with a copy of such

            Order.

 

8.4              The Order, when sent by registered mail, shall be sent to the last known address of

the person to whom it is sent.

 

9.         PLACARDING OF THE ORDER

 

9.1              If the Officer is unable to effect service of the Order, the Officer and any person

Acting under the authority of the Officer, shall place a placard containing the terms of the Order in a conspicuous place on the property, and the placing of the placard shall be deemed to be sufficient service of the Order on the owner or other persons responsible for the condition of the property.  Once posted, no person shall remove any sign, notice, order or placard placed on the property by an Officer pursuant to this by-law.

 

10.       DATE OF SERVICE OF ORDER

 

10.1     The effective date of service shall be on;

 

(a)    the date the Order has been effected by personal service upon the owner or the

owner’s agent;

 

(b)    the date the Order is delivered for registered mailing to the Post Office;

 

(c)  the date of the placarding of the property inaccordance with The Planning

      Act, R.S.O. 1990, c. P.13, as amended from time to time.

 

11.       RESPONSIBILITY OF THE LESSEE

 

11.1          Where an Order is directed to any owner to repair or demolish and the property

in question is used or occupied by a person or persons holding such property under the provisions of a lease, oral or written, the occupant of the said property shall afford entry to the owner or the owner’s agent at all reasonable times so that the owner may inspect the conditions specified in the Order and/or carry out the required repairs provided that the owner has complied with The Landlord and Tenant Act, R.S.O. 1990, c. L.7, as amended from time to time.

 

11.2          The occupant of any property, to the extent that they are made responsible by the

lease or the agreement under which they occupy the property, shall be required to repair or maintain the property in accordance with the standards or to demolish the whole or any part of the property.

12.       REGISTRATION OF ORDER

 

12.1          An Order under Part 3, section 8 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 under Part 3, section 8 and, when the requirements of the Order have been satisfied, the Clerk of the municipality 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.

 

13.       APPEAL TO THE PROPERTY STANDARDS COMMITTEE

 

13.1          When an owner or occupant upon whom an Order has been served is not satisfied

with the terms or conditions of the Order, they may appeal to the Property Standards Committee by sending a notice of appeal by registered mail to the Property Standards Committee within 14 days of having been served with the Order.  If no appeal is taken, the Order shall have been deemed to have been confirmed and accepted by the owner or occupant.

 

14.       HEARING OF AN APPEAL TO THE PROPERTY STANDARDS

            COMMITTEE

 

14.1          Where an appeal has been taken, the Property Standards Committee shall hear the

appeal.

 

14.2          The hearing shall be conducted according to the rules of procedure for hearing

adopted by the Property Standards Committee.

 

14.3          The Property Standards Committee shall give notice or direct that notice be given

Concerning a hearing to such persons as the Property Standards Committee considers should receive such notice.

 

15.       DECISION OF THE PROPERTY STANDARDS COMMITTEE ON APPEAL

 

15.1          Where an appeal has been taken, the Property Standards Committee shall hear the

appeal and shall have all the powers and functions of the Officer and may confirm the Order to demolish or repair or may modify or quash it or may extend the time for complying with the Order provided that, in the opinion of the Property Standards Committee, the general intent and purpose of the by-law and of the Official Plan or policy statement are maintained.

 

15.2          The decision of the Property Standards Committee, whether given verbally at the

hearing or not, shall be written and given to the appealing party, those requesting a written notice, those given Notice by the Property Standards Committee and those whom the Property Standards Committee feels should receive a copy of the decision by regular prepaid mail.

 

15.3          The written decision shall state:

 

(a)    that any person affected by the decision has fourteen days from the sending of

the copy of the decision to appeal this decision to a Judge of the Ontario Court

(General Division) by so notifying the clerk of the Township in writing and by

applying for an appointment within the fourteen days after the sending of a copy of the decision.

 

16.       APPEAL TO A JUDGE

 

16.1          The Township or any owner or occupant or person affected by a decision under

Part 3, section 15, may appeal to a Judge of the Ontario Court (General Division) in which the property is located and the Judge shall;

 

(a)     in writing, appoint a day, time and place for hearing of the appeal and in the

Judge’s appointment may direct that it shall be served upon such persons and in such manner as the Judge prescribes;

 

(b)    the appointment shall be served in the manner prescribed by the Judge;

 

(c)  the Judge on such appeal has the same powers and functions as the Property

      Standards Committee.

 

17.       ORDER FINAL AND BINDING

 

17.1          The Order, as deemed to have been confirmed under Part 3, section 13, or as

confirmed or modified by the Property Standards Committee under Part 3,

section 14 or, in the event of an appeal to the Judge under Part 3, section 16, as confirmed or modified by the Judge, shall be final and binding upon the owner and occupant who shall make the repair or effect the demolition within the time and in the manner specified in the Order.

 

18.       POWER OF THE TOWNSHIP TO REPAIR OR DEMOLISH

 

18.1          If  the owner or occupant of a property fails to demolish the property or to repair

in accordance with an Order as confirmed or modified, the Township, in addition to all other remedies,

 

(a)    shall have the right to demolish or repair the property accordingly and for this

purpose may enter in and upon the property with its servants and agents from time to time; and

 

(b)    shall not be liable to compensate such owner, occupant or any other person

having an interest in the property by reason of anything done by or on behalf of the municipality under this subsection.

 

18.2          Where the Township demolishes or repairs property in accordance with Part 3,

section 18.1, the Township may recover the expense incurred in respect thereof by any or all of the methods provided for in The Municipal Act R.S.O. 1990,

c. M.45, as amended from time to time.

 

19.       CERTIFICATE OF COMPLIANCE

 

19.1          Following the inspection of a property, the Officer may, or on the request of an

owner or occupant responsible for the repairs or clearance, shall issue to such owner or occupant, a certificate of compliance if, in the Officer’s opinion, the property is in compliance with the standards of this by-law.

 

19.2          A fee of $10.00 may be charged to the owner or occupant for the issuance of a

certificate of compliance.

 

20.       PENALTIES

 

20.1          An owner or occupant responsible for the repairs or clearance of a property who

fails to comply with an Order that is final and binding, is guilty of an offence and, on conviction, is liable to a fine of not more than $2,000.00 for a first offence and to a fine of not more than $10,000.00 for any subsequent offence.

 

20.2          Despite subsection 20.1, if a corporation is convicted of an offence under

subsection 20.1, the maximum may be imposed upon the corporation is $10,000.00 for a first offence and $50,000.00 for any subsequent offence.

 

20.3          Every fine imposed pursuant to subsections 20.1 and 20.2 is recoverable under the

Provincial Offences Act R.S.O. 1990, c. P.33, as amended from time to time.

 

 

21.       EMERGENCY ORDER AND POWERS

 

21.1          Despite any other provisions of this by-law, if upon inspection of a property, the

Officer is satisfied there is a non-conformity with the standards prescribed in this By-law to such extent to pose an immediate danger to the health or safety of any person, the Officer may make an Order containing particulars of the non-conformity and require remedial repairs or other work to be carried out forthwith to terminate the danger.

 

21.2          After making such an Order under Part 3, section 21.1, the Officer may, either

before or after the Order is served, take or cause to be taken any measures he considers necessary to terminate the danger and for this purpose the Township has the right, through its servants and agents, to enter in and upon the property from time to time.

 

21.3          The Officer, the Township of anyone acting on behalf of the Township, is not

liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the Township in the reasonable exercise of its power under Part 3, section 21.2.

 

21.4          Where the Order was not served before measures were taken by the Officer to

terminate the danger, as mentioned in Part 3, section 21.2, the Officer shall forthwith after the measures have been taken, serve or send the copies of the Order in accordance with Part 3, sections 8.2, 8.3, 8.4 and 9.1.  Each copy of the Order shall have attached thereto a statement by the Officer describing the measures taken by the Township and providing details of the amount expended in taking the measures.

 

21.5          Where the Order was served before measures were taken by the Officer to

terminate the danger, as mentioned in Part 3, section 21.2, the Officer shall forthwith after the measures have been taken, serve or send the copies of the statement mentioned in Part 3, section 21.4 in accordance with Part 3,

Sections 8.2, 8.3, 8.4 and 9.1.

 

22.       APPLICATION TO JUDGE

 

22.1          Forthwith after the requirements of Part 3, section 21.4 and 21.5 have been

complied with, the Officer shall apply to a Judge of the Ontario Court (General Division) for an Order confirming the Order made pursuant to Part 3, section 21.1, and,

 

(a)    the Judge shall, in writing, appoint a day, time and place for the hearing of

the application and in the appointment may direct that it shall be served upon such persons and in such manner as the Judge prescribes;

 

(b)    the appointment shall be served in the manner prescribed by the Judge; and

 

(c)  the Judge, in disposing of the application, may confirm the Order or may

      modify or quash it and shall make a determination as to whether the amount

      expended by the Township in taking the measures to terminate the danger may

      be recovered by the Township in whole or in part or not at all.

 

22.2          The disposition of the application under Part 3, section 22.1 is final and binding.

 

23.       RECOVERY OF EXPENSE BY TOWNSHIP WHEN EXERCISING

            EMERGENCY POWER

 

23.1          Where the Township demolishes or repairs property in accordance with Part 3,

Section 21.2, the Township may recover the expense incurred in respect thereof by any or all of the methods provided for in The Municipal Act R.S.O. 1990,

c. M.45, as amended from time to time, except that such amount, if any, that is to be borne by the Township as a result of a determination under Part 3,

section 22.1 (c), may not be recovered.

 

READ a first and second time this 25th day of November, 1996.

 

 

                                                                        THE CORPORATION OF THE

                                                                        TOWNSHIP OF MACHAR

 

 

                                                                        ____________________________________

                                                                        REEVE

 

 

                                                                        ____________________________________

                                                                        CLERK-TREASURER

 

 

READ a third time and finally passed this 9th day of December, 1996.

 

                                                                        THE CORPORATIN OF THE

                                                                        TOWNSHIP OF MACHAR

 

 

                                                                        ____________________________________

                                                                        REEVE

 

 

                                                                        ____________________________________

                                                                        CLERK-TREASURER