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HomeMy WebLinkAboutMarch 01, 2018 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 1, 2018 7:00 p.m. 7:45 p.m. — Public Meeting —Alward Street Drain 8:00 p.m. — Court of Revision Fernley Municipal Drain 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. 7:05 p.m. —William Pol and Paul Riley, Consulting Planners IBI Group Inc. regarding the Bayham 2017 — 2018 Official Plan Review— Progress Report 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held February 15, 2018 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report FR-01/18 by Randy White, Fire Chief By-law Officer re Fire Protection & Prevention Act— Draft Regulations B. Report FR-02/18 by Randy White, Fire Chief By-law Officer re 2017 Annual Fire Report C. Report FR-03-18 by Randy White, Fire Chief By-law Officer re Water Rescue Craft 2018 Council Agenda March 1, 2018 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Committee of Adjustment Decision re Rudolph and Nancy Thiessen 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-15/18 by Bill Knifton, Chief Building Official Drainage Superintendent re Corinth Drain — Branch C B. Report DS-16/18 by Bill Knifton, Chief Building Official Drainage Superintendent re Petition for Drainage 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. New Horizons for Seniors Program — Ontario re Decision Letter Straffordville Community Hub Improvements 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-09/18 by Paul Shipway, CAO Clerk re Property Standards By-law— Lot Maintenance By-law B. Report CAO-10/18 by Paul Shipway, CAO Clerk re RFQ 18-01 Supply & Installation of Utility Corridor Fencing C. Report CAO-11/18 by Paul Shipway, CAO Clerk re RFQ 18-02 Supply & Install of Fencing at Richmond Community Park D. Report CAO-12/18 by Paul Shipway, CAO Clerk re RFT 18-01 Pavement Marking E. Report CAO-13/18 by Paul Shipway, CAO Clerk re RFT 18-02 Port Burwell Library Accessible Ramp F. Report CAO-21/18 by Paul Shipway, CAO Clerk re Restricted Acts After Nomination Day G. Report CAO-22/18 by Paul Shipway, CAO Clerk re Curbside Waste Audit - Results 12. BY-LAWS A. By-Law No. 2018-026 Being a Provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Alward Municipal Drain (This by-law follows the recommendation in Report DS-14/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the public meeting of March 1, 2018) First and Second Reading Only 2018 Council Agenda March 1, 2018 C. By-Law No. 2018-027 Being a by-law to amend By-Laws No. 2014-099 and No. 2014- 100, being by-laws to establish water rates and water charges and sewer rates and sewer surcharge D. By-Law No. 2018-028 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Verdant for the supply and installation of utility corridor fencing and gates at various locations within the Municipality of Bayham on the Utility Corridor (This by-law follows the recommendation in Report CAO-10/18 by Paul Shipway, CAO 1 Clerk during the regular meeting of March 1, 2018) E. By-Law No. 2018-029 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Franklin Construction for the supply and installation of fencing and gate at Richmond Community Park, Municipality of Bayham (This by-law follows the recommendation in Report CAO-11/18 by Paul Shipway, CAO 1 Clerk during the regular meeting of March 1, 2018) F. By-Law No. 2018-030 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Mobil Services Inc. for pavement marking services at various locations within the Municipality of Bayham (This by-law follows the recommendation in Report CAO-12/18 by Paul Shipway, CAO I Clerk during the regular meeting of March 1, 2018) G. By-Law No. 2018-031 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Franklin Construction for the reconstruction of the Port Burwell Library Accessible Ramp, Municipality of Bayham (This by-law follows the recommendation in Report CAO-13/18 by Paul Shipway, CAO I Clerk during the regular meeting of March 1, 2018) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-032 Being a By-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, February 15, 2018 7:00 p.m. 6:30 p.m. — Committee of Adjustment—Thiessen, R & N PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS TREASURER LORNE JAMES 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Tillsonburg Community Transportation Steering Committee grant letter of support request added as Item 14-A. 4. ANNOUNCEMENTS A. Councillor Casier advised of the Long Point Region Conservation Authority annual general meeting February 23, 2018 at 1:30 p.m. 5. DELEGATIONS A. 7:00 p.m. — Jessica Lang, Elgin St. Thomas Public Health re Elgin St. Thomas Age Friendly Community Plan Moved by: Councillor Bryer Seconded by: Councillor Casier THAT the presentation by Jessica Lang, Elgin St. Thomas Public Health re Elgin St. Thomas Age Friendly Community Plan be received for information. CARRIED 2018 Council Minutes February 15, 2018 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held February 1, 2018 B. Public Meeting held February 1, 2018 Fernley Drain Improvements Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the minutes of the Regular Meeting held February 1, 2018 and Public Meeting held February 1, 2018 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of a public meeting concerning a proposed minor variance (Thiessen, R & N) B. Notice of intent to pass an amending by-law to remove a holding symbol (Rodenburg, M) Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the correspondence items 10.1.1-A - 10.1.1-B be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-09/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Alward Street Drain 2018 Council Minutes February 15, 2018 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS-09/18 regarding the Alward Street Drain be received for information; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #217145 dated January 19, 2018 for the Alward Street Drain, as prepared by Spriet Associates, and filed with the Clerk on January 30, 2018; AND THAT Council set a date for the Public Meeting to he held on March 1, 2018 at 7:45 pm to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works in accordance with the Drainage Act CARRIED B. Report DS-12/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning to Remove the Holding Provisions (h1/h4) — Rodenburg, M Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Staff Report DS-12/18 regarding the Rodenburg Rezoning for the Removal of Holding Symbols be received; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Marinus Rodenburg described as Concession 9 Part Lot 5 Parts 1, 2 & 3 Registered Plan 11 R10254 located within the hamlet boundary of Corinth as shown on Schedule "B" by removing the holding symbols (h1/h4); AND THAT Zoning By-law Z672-2018 be presented to Council for enactment. CARRIED C. Report DS-13/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E3/18 Deplancke—Addition to a Lot Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Staff Report DS-13/18 regarding the Consent Application E3/18 submitted by Danny Deplancke be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E3/18 be granted subject to the following conditions: 1. Rezoning of the both the severed and retained parcels to meet Zoning By-law regulations 2. Planning report fee payable to the municipality 3. Copy of the final survey digitally provided to the municipality 4. Letter of Undertaking providing for the merger of the severed parcel with Assessment 2018 Council Minutes February 15, 2018 Roll # 3401-000-006-04920 being the adjacent southerly parcel as per the consent application 5. The owner of the adjacent lands Roll # 3401-000-006-04920 consult with and obtain any required permits from the Long Point Region Conservation Authority for the structures located within the Regulation Limit and demonstrate there will be no negative impacts on the natural features or their ecological functions in the "Significant Woodlands" lands CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ontario Farmland Trust re Building Farmland Viability in Ontario B. Elgin St. Thomas Public Health Healthy Communities Partnership minutes of meeting held September 28, 2017, approved January 30, 2018 C. Elgin County OPP 2017 Year End Report D. County of Elgin re Plank Road Reconstruction — Notice of Information Meeting E. Ministry of the Environment and Climate Change/ Ministry of Natural Resources and Forestry re Draft Watershed Planning Guidance — Environmental Registry Posting F. Township of Norwich re Ontario Building Code Amendments G. Long Point Region Conservation Authority Board of Directors minutes of meetings held January 10, 2018 and January 17, 2018 H. Ministry of Agriculture, Food and Rural Affairs re Community Based Strategic Plan application Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the correspondence items 11.1.1-A - 11.1.1-H be received for information. CARRIED 11.1.2 Requiring Action A. Department of Fisheries and Oceans Canada re installation of Temporary Water Level Gauge in Port Burwell Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT the Council of The Corporation of the Municipality of Bayham supports the request from Fisheries and Oceans Canada to install a Temporary Water Level Gauge in Port Burwell. 2018 Council Minutes February 15, 2018 CARRIED 11.2 Reports to Council A. Report TR-03/18 by Lorne James, Treasurer re 2019 Budget Schedule Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report TR-03/18 regarding 2019 Budget Schedule be received for information; AND THAT the proposed Budget Guidelines and meeting dates be approved as set out in Report TR-03/18. CARRIED B. Report TR-04/18 by Lorne James, Treasurer re 2017 Investment Report Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT Report TR-04/18 re 2017 Investment Report be received for information. CARRIED C. Report TR-05/18 by Lorne James, Treasurer re 2017 Council Remuneration and Expenses Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report TR-05/18 re 2017 Council Remuneration and Expenses be received for information. CARRIED D. Report TR-06/18 by Lorne James, Treasurer re 2017 Public Sector Salary Disclosure (PSSDA) Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report TR-06/18 re 2017 Public Sector Salary Disclosure be received for information. CARRIED E. Report TR 07/18 by Lorne James, Treasurer re 2017 Q4 Variance Report Moved by: Councillor Casier Seconded by: Councillor Ketchabaw 2018 Council Minutes February 15, 2018 THAT Report TR-07/18 re 2017 Q4 Variance Report be received for information; AND THAT Council confirm the Sale of Asset Report attached as Appendix `D'. CARRIED F. Report TR 08/18 by Lorne James, Treasurer re 2017 Surplus Allocation Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report TR-08/18 re 2017 Surplus Allocation be received for information; AND THAT Council confirm the 2017 Surplus Transfer Report attached as Appendix `A'. CARRIED G. Report CAO-08/18 by Paul Shipway, CAO I Clerk re Infrastructure Canada — Smart Cities Challenge Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CAO-08/18 re Infrastructure Canada — Smart Cities Challenge be received for information; AND THAT Council direct staff to make application to the Infrastructure Canada — Smart Cities Challenge for the Municipality of Bayham Smart Sidewalk Network as outlined within Report CAO-08/18. CARRIED H. Report CAO-09/18 by Paul Shipway, CAO I Clerk re Property Standards By-law— Lot Maintenance By-law Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO-09/18 re Property Standards By-law— Lot Maintenance By-law be deferred to March 1, 2018 CARRIED I. Report CAO-14/18 by Paul Shipway, CAO I Clerk re 2018 Municipal Assistance Number 1 Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Event Road Closure Request Form from Port Burwell Historical Society be received for information; AND THAT the Council of the Municipality of Bayham approves the request by the 2018 Council Minutes February 15, 2018 Port Burwell Historical Society for permission to use the streets within Port Burwell for the Canada Day Parade and Celebration to be held Sunday, July 1, 2018 from 11:30 a.m. to 12:30 p.m., subject to the provision of proof of liability insurance coverage in the amount of$2 million naming the Municipality of Bayham as additional insured; AND THAT Wellington Street from Elizabeth Street to Robinson Street, Robinson Street from Wellington Street to Brock Street, Brock Street from Robinson Street to Erieus Street and Erieus Street from Brock Street to Pitt Street be temporarily closed during the parade between 11:30 a.m. — 12:30 p.m.; AND THAT the County of Elgin be requested to approve use of Wellington Street from Elizabeth Street to Robinson Street; AND THAT the Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. CARRIED Number 2 Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Event Road Closure Request Form from Port Burwell / Bayham Legion Branch 524 be received for information; AND THAT the Council of the Municipality of Bayham approves the request by the Port Burwell / Bayham Legion Branch 524 for permission to use the streets within Port Burwell for the Remembrance Day Parade to be held Sunday, November 4, 2018 at 1:00 p.m., subject to the provision of proof of liability insurance coverage in the amount of$2 million, naming the Municipality of Bayham as additional insured; AND THAT Wellington, Robinson and Pitt Streets, from the Legion to the Cenotaph, be temporarily closed during the parade between 1:00 p.m. — 1:45 p.m.; AND THAT the County of Elgin be requested to approve use of Wellington Street from Elizabeth Street to Robinson Street; AND THAT the Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. CARRIED Number 3 Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Notification of Special Event from Bayham Beachfest be received for information; AND THAT the Council of the Municipality of Bayham approves use of the Port 2018 Council Minutes February 15, 2018 Burwell East Beach for event to be held daily from 12:00 noon until 10:00 p.m. on August 3— 5, 2018, including a beer garden, subject to meeting the requirements of the Municipal Alcohol Policy, based on an attendance of 250 —400 people in the beer garden at any given time, being 100% Smart Serve Trained personnel, including a minimum of eight (8) Smart Serve personnel, plus two (2) extra floor monitors when allowing participants under the age of majority (19) and other volunteer or paid security personnel, as necessary to provide sufficient crowd control and public safety on site during all dates and hours for which the beer garden is open and as listed on the Outdoor Special Occasion Permit Application to be provided to and approved by Council a minimum of three weeks before the event and also subject to: • All alcohol being served in disposable cups, not bottles or cans; • Providing a certificate of insurance, naming the Municipality of Bayham as an additional insured, in the minimum amount of$2 million liability, covering all events; • Obtaining the necessary approvals from Elgin-St. Thomas Public Health, the Ontario Provincial Police and the Bayham Fire Chief, as per the Municipal Event Notice; AND THAT all other terms and conditions of the municipal rental agreement remain in effect; AND THAT a copy of the LCBO liquor license be provided to the Municipality two weeks prior to the event; AND THAT the clean-up of the east beach area and any costs thereof, be the responsibility of the organizers; AND THAT staff provide access to East Beach washroom water and power panel; AND THAT arrangements be made with the Public Works Operations Supervisor to provide picnic tables, garbage cans/ recycle barrels, pylons, barricades for the pier and staff assistance for installation of fence assembly and removal; AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event. CARRIED Number 4 Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the Event Road Closure Request Form from the Bayham Beachfest Committee for the Port Burwell Santa Claus Parade be received; AND THAT the Council of the Municipality of Bayham grants permission to use municipal streets within Port Burwell for parade purposes on Saturday, December 1, 2018 subject to the organizers: • providing the municipality with proof of liability insurance coverage naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and 2018 Council Minutes February 15, 2018 the Bayham Fire Chief (as per completion of the Event Road Closure Request Form and parade route mapping) AND THAT Robinson Street from Pitt Street to Wellington Street and Wellington Street from Robinson Street to Elizabeth Street be temporarily closed during the parade between 6:00 p.m. — 8:00 p.m.; AND THAT the County of Elgin be requested for permission to use Wellington Street in Port Burwell between 6:00 p.m. and 8:00 p.m. for the parade; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. CARRIED Number 5 Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT the Event Road Closure Request Form from the Straffordville Hall Foundation regarding Straffordville Santa Claus Parade be received; AND THAT the Council of the Municipality of Bayham grants permission to use municipal streets within Straffordville for parade purposes on Saturday, December 8, 2018 subject to the organizers: • providing the municipality with proof of liability insurance coverage naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief (as per completion of the Event Road Closure Request Form and parade route mapping) AND THAT Heritage Line from the Straffordville Community Centre to West Street, Old Chapel Street from Heritage Line to Main Street, Main Street from Old Chapel Street to West Street, West Street from Main Street to Third Street, Third Street from West Street to Plank Road, Plank Road from Third Street to Main Street be temporarily closed during the parade between 10:30 a.m. — 12:00 p.m.; AND THAT the County of Elgin be requested for permission to use Plank Road from Third Street to Main Street and Heritage Line from Sandytown Road to West Street between 10:30 a.m. and 12:00 p.m. for the parade; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. CARRIED Number 6 Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier 2018 Council Minutes February 15, 2018 THAT the Event Road Closure Request Form from the Straffordville Community Committee regarding Watermelon Fest and Watermelon Fest Parade be received; AND THAT an exemption to permit parking on the west side of Sandytown Road be granted; AND THAT Council grants permission to use municipal streets within Straffordville for parade purposes, on Saturday, August 25, 2018 subject to the organizers: • providing the municipality with proof of liability insurance to cover all events including naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief (as per completion of the Event Road Closure Request and parade route mapping); AND THAT Old Chapel Street south from Heritage Line to Main Street and Main Street to Plank Road be closed from 10:00 a.m. - 5:00 p.m.; AND THAT Plank Road from the Straffordville School to Third Street, Main Street from Plank Road to West Street, West Street from Main Street to Third Street, Third Street from West Street to Plank Road and Heritage Line from West Street to Sandytown Road be temporarily closed during the parade from 10:00 a.m. — 11:00 am; AND THAT Council requests permission from the County of Elgin to use Plank Road from the Straffordville School north to Third Street and Heritage Line from West Street to the Sandytown Road on August 26, 2017 between 10:00 a.m. and 11:00 a.m. during the parade in Straffordville; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to make the necessary arrangements for traffic control, signage and safety, installation and removal of extra garbage cans and picnic tables, staff assistance to clean cement pad (prior to event); AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event; AND THAT the cleanup of the park area be the responsibility of the organizers; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured: • Use of the parking lot and cement pad for Watermelon Fest on August 24 and 25, 2018 (cleanup of park after the event responsibility of the organizers. CARRIED Number 7 Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Special Event Request Form and correspondence from Bayham Historical 2018 Council Minutes February 15, 2018 Society regarding Vienna EdisonFest be received for information; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured for each event: • Use of the Vienna Memorial Park including pavilion and food booth from 7:00 a.m. — 7:00p.m. June 2, 2018 and 7:00 a.m. — 5:00 p.m. June 3, 2018; AND THAT Council direct staff to provide access to food booth, water and utility panels at the Vienna Memorial Park; AND THAT Council direct staff to provide up to 20 picnic tables, waste and recycle receptacles, garbage & recycle bags at Vienna Memorial Park, safety barrier cones and use of paint line marking wheel; AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. CARRIED Number 8 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Special Event Request Form and correspondence from Bayham Historical Society regarding various events be received for information; AND THAT the Council of the Municipality of Bayham approves the use of the Vienna Memorial Park, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured for each event: • Vienna Walking/Driving Tour, Sunday June 10, 2018 from 2:00 p.m. — 4:00 p.m.; • Talbot Trail of Yard Sales, Saturday, August 18, 2018 (rain date Sunday, August 19, 2018) from 8:00 a.m. — 3:00 p.m.; • Christmas Tree Lighting & Caroling, Saturday, November 24, 2018 from 7:00 p.m. — 9:00 p.m.; AND THAT Council direct staff to provide access to food booth, pavilion, waste and recycle receptacles, garbage and recycle bags, water and utility panels at the Vienna Memorial Park for each event; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. CARRIED Number 9 Moved by: Councillor Casier Seconded by: Councillor Breyer 2018 Council Minutes February 15, 2018 THAT Special Event Request Form and correspondence from Bayham Historical Society regarding Car Rally be received for information; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured for each event: • Use of the Edison Field Saturday July 21, 2018 from 8:00 a.m. — 8:00 p.m.; AND THAT Council direct staff to provide up to 20 picnic tables, waste and recycle receptacles garbage & recycle bags and safety barrier cones; AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. CARRIED Number 10 Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO-14/18 re 2018 Municipal Assistance be received for information. CARRIED J. Report CAO-15/18 by Paul Shipway, CAO I Clerk re Green Energy Act Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report CAO-15/18 re Green Energy Act be received for information; AND THAT Council direct staff to publish Report CAO-15/18 inclusive of the Municipality of Bayham Conservation Demand Management Plan and 2016 Energy Consumption and Green House Gas Emissions Summary on the Municipal website in accordance with Ontario Regulation 397//11. CARRIED K. Report CAO-20/18 by Paul Shipway, CAO I Clerk re Community Based Strategic Plan Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Report CAO-20/18 re Community Based Strategic Plan be received for information; 2018 Council Minutes February 15, 2018 AND THAT Council direct staff to engage IBI Group to complete a Community Based Strategic Plan pursuant to Report CAO-20/18. CARRIED 12. BY-LAWS A. By-Law No. Z672-2018 Being a By-law to further amend By-Law No. Z456-2003 (This by-law follows the recommendation in Report DS-12/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of February 15, 2018) B. By-Law No. 2018-022 Being a By-law to further amend By-Law No. 2016-059 a by-law of The Corporation of the Municipality of Bayham to establish and require the payment of fees for information, services, activities and use of municipal property and to repeal By-Law No. 2014-125 and any and all amendments C. By-Law No. 2018-023 Being a By-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and Her Majesty the Queen in Right on Ontario as represented by The Minister of the Environment and Climate Change regarding The Great Lakes Guardian Community Fund — Grant Funding Agreement Port Burwell East Beach Bio-Swale D. By-Law No. 2018-024 Being a By-law to authorize the execution of a development agreement between Rudolph and Nancy Thiessen and The Corporation of the Municipality of Bayham (This by-law follows the recommendation made in Report DS-11/18 by Margaret Underhill, Secretary/Treasurer, Committee of Adjustment during the Committee of Adjustment meeting of February 15, 2018) Moved by: Councillor Casier Seconded by: Councillor Breyer THAT By-Laws No. Z672-2018, 2018-022, 2018-023 and 2018-024 be read a first, second and third time and finally passed CARRIED 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS A. Tillsonburg Community Transportation Steering Committee grant letter of support request. Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Council direct staff to issue a letter of support to the Tillsonburg Community Transportation Steering Committee for the Ministry of Transportation grant application. 2018 Council Minutes February 15, 2018 CARRIED Council recessed for a short break at 8:34 p.m. and reconvened at 8:40 p.m. 14.1 In Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:40 p.m. to discuss: • labour relations or employee negotiations • proposed or pending acquisition or disposition of land by the municipality or local board; • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED A. Confidential Report regarding labour relations or employee negotiations (Teamsters Local No. 879) B. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Mill Island — Port Burwell Marina) C. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Wastewater System) D. Confidential Report regarding labour relations or employee negotiations (CUPE Local No. 35.4) 14.2 Out of Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Committee of the Whole do now rise from the "In Camera" session at 9:05 p.m. with nothing to report. CARRIED 2018 Council Minutes February 15, 2018 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-025 Being a By-law to confirm all actions of Council Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT confirming By-Law No. 2018-025 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Council meeting be adjourned at 9:07 p.m. CARRIED MAYOR CLERK SAY REPORT FIRE DEPARTMENT oi.tu Ig�LO�`�� pity TO: Mayor & Members of Council FROM: Randy White, Fire Chief/By-law Officer DATE: March 1, 2018 REPORT: FR-01/18 SUBJECT: FIRE PROTECTION & PREVENTION ACT— DRAFT REGULATIONS BACKGROUND: On January 25, 2018 the Ministry of Community Safety & Correctional Services (MCSCS) posted two draft regulations under the Fire Protection & Prevention Act related to new requirements for: MANDATORY TRAINING AND CERTIFICATION FOR FIREFIGHTERS MCSCS is proposing to establish mandatory certification requirements set out by the National Fire Protection Association (NFPA) for all new firefighters employed or appointed to a fire department for the following positions: i. Suppression firefighters iv. Fire officers ii. Pump operators V. Fire educators iii. Technical rescuers These requirements are proposed to come into force January 1, 2019 with the exception of technical rescuers which would come into force January 1, 2020. An additional year for technical rescuers to achieve certification is being proposed to allow for sufficient time to develop training and certification examination materials. In addition, MCSCS is proposing that mandatory certification requirements also set out by the NFPA apply to existing firefighters currently employed or appointed in fire departments across Ontario, including: i. Fire inspectors iv. Hazardous materials personnel ii. Fire investigators V. Fire dispatchers iii. Fire instructors It is proposed that these mandatory certification requirements apply to existing firefighters given these roles are exposed to increased risk of liability, including risk to the individuals performing these roles. These requirements are proposed to come into force January 1, 2020 to give fire departments additional time to train and certify their staff. MANDATORY CERTIFICATION Item Column 1 Column 2 Fire protection service Certification 1. Fire suppression activities, if the level of service NFPA 1001, "Standard for Fire Fighter provides for exterior attack only Professional Qualifications", 2013 Edition, Level 1 2. Fire suppression activities, if the level of service NFPA 1001, "Standard for Fire Fighter provides for exterior and interior attack Professional Qualifications", 2013 Edition, Level II 3. Pump operations NFPA 1002, "Standard for Fire Apparatus Driver/Operator Professional Qualifications", 2017 Edition. Chai)ter 4. Supervise other firefighters NFPA 1021, "Standard for Fire Officer Professional Qualifications", 2014 Edition, Level 1 5. Develop, implement or deliver a public education NFPA 1035, "Standard on Fire and Life Safety program and supporting materials Educator, Public Information Officer, Youth Firesetter Intervention Specialist and Youth Firesetter Program Manager Professional Qualifications", 2015 Edition, Chapter 4, Level 1 6. Fire prevention inspections or plans examination NFPA 1031, "Standard for Professional activities Qualifications for Fire Inspector and Plan Examiner". 2014 Edition. Level 1 7. Training courses for fire protection services NFPA 1041, "Standard for Fire Service Instructor Professional Qualifications", 2012 Edition, Level 1 8. Dispatch fire department resources (personnel and NFPA 1061, "Professional Qualifications for equipment) Public Safety Telecommunications Personnel', 2014 Edition Level 1 9. Fire investigation activities NFPA 1033, "Standard for Professional Qualifications for Fire Investigator", 2014 Edition 10. Technical rescue activities NFPA 1006, "Standard for Technical Rescue Personnel Professional Qualifications", 2017 Edition, in accordance with the level of service provided 11. Hazardous materials response at the Technician NFPA 1072, "Standard for Hazardous Level Materials/Weapons of Mass Destruction Emergency Response Personnel Professional Qualifications", 2017 Edition MANDATORY COMMUNITY RISKASSESSMENTS MCSCS is proposing to require that municipalities conduct a standard risk assessment every five years focusing on key profiles in their communities (e.g., demographics, geography, past fire loss and event history, critical infrastructure, building stock profile within the community, etc.). Municipalities would be responsible for reviewing their risk assessment annually to ensure that any significant changes in the mandatory profiles are identified. If there are any significant changes (e.g., addition of retirement homes or care facilities) the municipality will be responsible for updating their assessment. This information will be used to make informed decisions about fire protection services in their community. This requirement is proposed to come into force January 1, 2019. A third regulation on public reporting is expected to be released in the coming weeks, which will have a shorter comment period. DISCUSSION The purpose of Report FR-01/18 is to advise Council of the financial and resource implications of the proposed regulations and to provide comment on the same. On average the Municipality of Bayham experiences a turnover of Volunteer Firefighters in the range of 5 to 7 persons per year. The proposed mandatory training regimen will increase training costs in the Fire Services operating budget. Bayham does have a robust training process and generally trains for the above noted requirements for all Volunteer Firefighters on a schedule that works for the Department from a budget perspective and works for the Volunteer Firefighters from a time dedication perspective. The main options for training include the following: 1) The Ontario Fire College 2) Regional Training Centers (e.g. Southwest Fire Academy) 3) Lambton College — Fire & Public Safety The Ontario Fire College in Gravenhurst provides the most competitive costing at approximately $65 per person per course. However, that option also requires firefighters to attend training through the week, during regular work hours. The Municipality has had the most success utilizing the services of Regional Training Centers such Southwest Fire Academy, where training can be scheduled, in house or in Courtland, over a series of weekends at approximately $350 to $750 per person per course. The cost and duration of training offered from Lambton College has not been considered appropriate for training needs after a one year trial run. The estimated impact to the current training budget would be $5,000 to $10,000 annually. The requirements of the Community Risk Assessment will add additional hours on the Fire Chief and Fire Prevention. Currently, on an annual basis, the Municipality reviews what is known as a Simplified Risk Assessment (SRA) which is not mandatory, but rather a recommended best practice. The proposed compulsory risk assessment is significantly more in depth with the addition of fire history trends, statistical analysis, and identifying demographics potentially at risk. The results of these studies would then tailor public education or inspection programs targeting the recognized risks. Staff are not opposed to the regulations, in fact, within the financial and time realities of the Municipality, some of the training requirements are already being addressed. The concern is the continually growing regulatory regime on municipalities without a small, rural lens being applied to the legislation. Staff would request Council direction to submit comments outlining the dedication of our volunteer firefighters and how much they already do, the training obstacles and overall burden on small rural Fire Departments moving forward with these regulations if additional funding sources are not provided. RECOMMENDATION: 1. THAT Report FR-01/18 re Fire Protection & Prevention Act— Draft Regulations be received for information; 2. AND THAT Council direct staff to submit comment to the Ministry of Community Safety & Correctional Services as outlined within Report FR-01/18. Respectfully Sub 'tted by: Reviewed by: Randy Whitey Fire Chief/By-law Officer CAO[ erk Municipality of BAYHAM $ , . A: P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1Y0 T: 519-866-5521 F: 519-866-3884 Nor � O E: bayham@bayham.on.ca p�rtvainity IS W: www.bayham.on.ca March 1, 2018 Ministry of Community Safety and Correctional Services Strategic Policy, Research and Innovation Division 25 Grosvenor Street Toronto, ON M7A 1Y6 Re: REGISTRY NO. 18-CSCS002 - DRAFT REGULATIONS UNDER THE FIRE PROTECTION AND PREVENTION ACT (FPPA) The Municipality of Bayham thanks the Ministry of Community Safety and Correctional Services (Ministry) for the opportunity to comment on the draft regulations under the FPPA. The key issues the Council of the Corporation of the Municipality of Bayham raise with the Ministry, pertaining to the draft regulations under the FPPA, would be as follows: 1) That the provincial government should provide liability indemnification for all municipal governments who comply with these new regulations at least 12 months before the training and certification regulation comes into force. a. If the Ministry does not provide liability indemnification, it will be necessary for the province to provide the new funding that would be required to train and certify all firefighters to achieve the standards before the mandatory training and certification regulation comes into force. b. If the Ministry does not provide liability indemnification, MCSCS should make the required training funding available to municipal fire services for all the identified NFPA professional qualifications at least at least 12 months before the training and certification regulation comes into force c. If the Ministry does provide liability indemnification to accompany these regulations, the province should provide sufficient funding to municipalities to cover the new training and certification costs for those designated positions at least at least 12 months before the training and certification regulation comes into force for those positions. i. If sufficient provincial funding is not provided to municipal governments, the province will be knowingly creating a new unfunded mandate on municipalities. 2) That the Mandatory Training and Certification regulation not come into force until at least July 1, 2019, preferably January 1, 2020, to allow municipal councils and their fire services to make all the necessary training funding decisions. It will also enable the provincial government to provide the necessary funding for training and liability indemnification 12 months prior to the regulations coming into force. This proposed regulation has a substantial direct financial impact and adds to the municipal reporting burden. Should additional information be required, please do not hesitate to contact the undersigned. Regards, Paul Shipway CAOICIerk pshipwayCa)_bayham.on.ca -g,AY hTE REPORT FIRE DEPARTMENT .rtunity Is 40 TO: Mayor & Members of Council FROM: Randy White, Fire Chief/By-law Officer DATE: March 15, 2018 REPORT: FR-02/18 FILE NO. C07 SUBJECT: 2017 ANNUAL FIRE REPORT BACKGROUND: It is practice to provide Council with a summary of Fire & Emergency Services operations annually. Please find the attached 2017 summary of operations. RECOMMENDATION: 1. THAT Report FR-02/18 be received for information; Respectfully Submitted by: Reviewed by: Randy White Paul Shipway Fire Chief/By-law Officer CAOICIerk Page 1 of 14 Annual Fire Report to Council — Index 1. Emergency Response................................................... 3 2. Training ..................................................................... 8 3. Equipment Updates....................................................... 9 4. Fire Safety.................................................................. 10 5. Labour Relations ......................................................... 11 6. Automatic Aid Update.................................................... 12 7. Emergency Management .............................................. 12 8. Budget Review............................................................ 12 9. Summary / 2018 Goals................................................. 13 Page 2 of 14 Emergency Responses: Overview: The Bayham Fire and Emergency Service responded to 185 calls for service in 2017. Calls over the last 7 years were: 2011 — 156 2012 - 166 2013 - 150 2014 - 164 2015 - 130 2016 - 155 2017 - 185 2017 saw an anomalous jump in service calls, the bulk of which were medical assists. Calls for Service — Bayham, 2017 185 Calls for Service Emergency Response by Type 2017 5% 3% to Medical-98 ■Fire-25 Technical Rescue-9 Public Hazard-23 ;V ■MVC-16 5% M Alarm-No Emergency-9 Other/Mutual Aid -5 Page 3 of 14 Calls for Service — Bayham, 2016 155 Calls for Service Emergency Response by Type 2016 5% 6% Medical-69 Fire-28 IlTechnical Rescue-9 Public Hazard- 10 ■MVC-22 7A ®Alarm -No Emergency-8 6% Other/Mutual Aid-9 Calls are broken down by station but can be misleading. The bulk of calls in Bayham elicit a two station response. Only medical assists, burn complaints, alarms, and Carbon Monoxide (CO) calls are single station. The stats below only indicate the origin of the call, i.e. whether it was in the Port Burwell or Straffordville primary response area. Calls for Service by Station 2017 Response by Station �Station#1-85 Calls Im Station#2- 100 Calls Page 4 of 14 2016 Response by Station im Station#1-61 Calls ra Station#2-94 Calls STN 1 - Emergency Response 2017 1% 2% 5% Medical-53 13% w Fire-8 Rescue-6 Public Hazard-11 ■MVC-1 m Alarm- No Emergency-2 Other/Mutual Aid-4 Page 5 of 14 STN 1 - Emergency Response 2016 3% :7% ■Medical-29 ■Fire-8 ■Rescue-7 ■Public Hazard-7 ■MVC-4 Ir4A ■Alarm-No Emergency-2 Other/Mutual Aid-4 Calls for Service — Station 1 Primary Response Area STN 2 - Emergency Response 2017 1% ■Medical-45 ■Fire- 17 ■Rescue-3 Public Hazard-12 ■MVC-15 ■Alarm- No Emergnecy-7 3% Other/Mutual Aid-1 Page 6 of 14 STN 2 - Emergency Response 2016 5% ■Medical-40 ■Fire-20 M Rescue-2 n Public Hazard-3 ■MVC-18 3% ■Alarm- No Emergency-6 2% Other/Mutual Aid-5 Calls for Service — Station 2 Primary Response Area Medical Incidents: Bayham Fire and Emergency Services continues to monitor and evaluate the tiered response protocols with the Central Ambulance Communications Centre (CACC). In conjunction with Elgin EMS, we strive to provide a value added service to the residents and visitors of Bayham while ensuring fiscal responsibility. In 2017, we experienced a 42% increase in medical calls, primarily all in the Port Burwell response district. There were no changes to the CACC dispatch protocols nor an appreciable change in population. Fires: The Bayham Fire and Emergency Services responded to 25 fire related calls in 2017. Fire calls represented 13% of the total calls for service. It should be noted here that fire calls include grass fires, structure fires, and vehicle fires whether or not there is a dollar loss associated with the fire. The breakdown is as follows: 2017 2016 Fire (Structure) — 5 5 Fire (Vehicle) — 6 8 No Loss Outdoor— 6 6 Open Air Burn (Unauthorized) — 6 6 Overheating, no fire 2 3 Totals — 25 28 There were no injuries or deaths involving fires in Bayham in 2017. Estimated total dollar loss was $357,000. Where possible, Bayham fire crews performed aggressive interior operations at structure fires, executing a number of excellent saves. Owner Page 7 of 14 contents were salvaged and dollar losses could have been considerably higher, with the total estimated at risk of over $550,000. Other Calls: The Bayham Fire and Emergency Services responded to a total of 62 other types of emergencies or situations where the caller perceived an emergency. This represents 34% of the department call volume. (58 for 38% in 2016) The breakdown is as follows: 2017 2016 Motor Vehicle Collisions — 16 22 Alarm — No Emergency— 9 8 Technical Rescue — 9 9 Public Hazard — 23 10 Other/ Mutual Aid — 5 9 Total — 62 58 9 of the 13 incident increase categorized as Public Hazards were from wires down. An increase in the severity of storms seems a reasonable cause for this rise. Training: Overview: Bayham continues to offer an aggressive and essential training program. The primary drivers for training are meeting the requirements of Health & Safety legislation and effective operations. In order to help accommodate firefighters who are on shift work or otherwise unable to attend a training session, we continue to offer identical training on two different nights at the alternate fire station. External training is weekend based at one of several regional training centres being developed in the area. The transition to NFPA standards continues across the province. Bayham Fire has been working on a plan to train all members to NFPA. The standards being incorporated are 1001 Professional Firefighter, 1002 Pumper Operator, 1021 Fire Officer, 1041 Fire Service Instructor, and 1521 Fire Safety Officer. All new recruits are being trained to NFPA standards. The on-line training for 1021 Fire Officer did not meet our requirements in 2017 so the plan for 2018 is to utilize the regional training centres. NFPA certification: 1001 Professional Firefighter— 19 members 1021 Fire Officer— 7 members 1041 Fire Service Instructors — 8 members Page 8 of 14 JTAG The Joint Training Action Group (JTAG) training program employed to train recruits in Elgin County for several years was not continued in 2017. Instead, Elgin County departments, along with Middlesex, contracted Lambton College thru their fire pre- service program on a trial basis. The cost effectiveness of this program is being evaluated and will likely be replaced by a less expensive, more local regional training centre. Bayham had 12 recruits enter the 2017 training program but lost 4 thru the year. An additional 6 recruits will be sought in 2018. Equipment Upgrades: Overview: Through the operating and capital budgets, Council has continued to support Bayham Fire and Emergency Services with the result that firefighters have the equipment well suited to the services that we provide to the community. In 2017 we purchased the following: General Equipment: Replacement Thermal Imaging Cameras (TICs) were procured. These replaced units that were past their expected service life (12+ years old). The old units included outdated technology and were getting intermittent in operation. After a lengthy evaluation process that included 20 different models from 6 manufacturers and incorporated 23 comparison points, MSA 6000 Plus TICs were chosen. These cameras will enhance fire crews' capabilities for search and rescue both at fire scenes and technical rescue in addition to overhaul and Rapid Intervention Team (RIT) operations. The cameras should see at least a ten year service life. The purchase came in on budget. Station CO/NO2 monitoring The Straffordville fire station did not have a CO/NO2 monitoring system that is typically installed in new stations and is included in the Port Burwell station. After evaluating cost effective solutions, a system was installed that will help meet the health and safety aspects of CO in fire stations as per Section 21 Guidance Notes for the fire service. The system came in under budget. Page 9 of 14 FIRE SAFETY Inspections: Bayham Fire and Emergency Services is authorized in the Establishing and Regulating By-law 2016-023 to inspect on a complaint or request basis, as is the minimum requirement in the Fire Prevention and Protection Act, 1997 Section 2(1)(a). Bayham's volunteer Fire Prevention Officer (FPO) left the department in 2017 and has not been replaced. Others have stepped up to coordinate public education activities, but this is limited in time due to being volunteer positions. There is little provision for proactive inspections to ensure compliance with the Fire Code. Consideration is being made to contract an FPO hired by Central Elgin Fire Department. There are also plans in place this year to bring the Fire Chief up to NFPA 1031 Fire Inspector Level I. A strategic plan has been created to ensure the minimal inspection activities are performed in 2018 to ensure public safety. This in includes assembly occupancies, institutional, commercial/industrial, and migrant worker housing. We have been working with Elgin Health to ensure both agencies are aware of worker housing locations. This will continue to be a concern to be monitored in the area as migrant workers are sometimes housed in unsafe conditions and the locations of these structures are not always known. An educational program should also be implemented to ensure the hosts of migrant workers are aware of housing requirements Public Education and Awareness: Bayham Fire continues to use local media and place fire safety ads in school newsletters /yearbooks as well as utilizing the municipal website. Both Firefighter Associations provide education and awareness at their various fundraisers and community activities. Bayham Fire partook in several public events including the Elgin County Teddy Bear Picnic, Edison Fest, Watermelon Fest, and the Christmas Parades. Fire Prevention Week saw presentations at local schools (public and Mennonite) as well as open houses at the Port Burwell and Straffordville fire halls. Combined open house attendance was several hundred. The Port Burwell firefighters association purchased a Sparky the Fire Dog costume for use across Bayham. This is a great attraction for kids that leverages delivering fire safety messages to families. Page 10 of 14 �._ 14� 1 Bayham Fire still contributes to and utilizes the Elgin County fire safety trailer at major public events. 2s .t Labour Relations The collective agreement with the firefighters in Station 1 Port Burwell was last put in place for April 1, 2016 and expires March 31, 2018. In 2017, 5 firefighters left the ranks of the department, plus 2 of our recruits. We brought on a sizeable class of recruits in 2017 that are in service as probationary firefighters. We will be targeting for 6 more recruits in 2018, primarily for the Port Burwell station. The Joint Health & Safety Committee (JHSC) consisting of Chief White, along with Capt. Kevin Baker (Stn 1) and FF Al Stewart (Stn 2), has become very effective in ensuring any safety issues are brought up and addressed appropriately. The JHSC meets quarterly as required with Capt Baker and FF Stewart inspecting the two stations on a monthly basis. The Municipality of Bayham has addressed all concerns to date in a timely fashion. There were no on-the job-injuries reported in the 2017 time period. Two members went on short term leave due personal illness or injuries. Both are back in service. Automatic Aid Agreements Automatic aid agreements remain in place with South West Oxford, the Town of Tillsonburg and the County of Norfolk. Bayham receives automatic aid from Tillsonburg and SWOX and provides aid to Norfolk. We utilized both SWOX and Tillsonburg for structure fires and MVCs in 2017. Bayham received no requests from Norfolk in the same time period. Fundamentally, the use of automatic aid has worked well and served Page 11 of 14 the residents beneficially, however both the response criteria and the response areas need to be monitored and reviewed. Emergency Management The Municipality of Bayham remains compliant with the regulations as dictated by the Ontario Emergency Measures and Civil Protection Act. 2017 saw no emergencies declared by the Municipality. The Port Burwell fire hall has become the primary EOC with the Straffordville Community Centre (SCC) delegated as the backup. The 2017 annual Emergency Management Exercise was to run a multi-hazard scenario and ensure that the new EOC was equipped with all resources that could be required in an emergency. The plan for 2018 is to move the primary EOC to the SCC once a backup generator is installed, and designate the Port Burwell firehall as backup. 2015/16 Budget Review In general, the Fire and Emergency Services budget was in excess of target. The primary exceptions included: Volunteer firefighter remuneration — due to the increased call volume, the costs to pay volunteers on the point system saw an 18% overrun. This correlates to 2017 seeing a 21% increase in call volume over the previous 6 year average. Utilities — 2017 resulted in an 8% overrun. Part of the issue is old equipment in the Straffordville fire hall. This is slated for upgrading in 2018 to higher efficiency equipment. Better routine maintenance on both HVAC systems should see a long term savings, depending on weather. Building maintenance — Catching up on HVAC maintenance at both halls along with emergency repairs at Port Burwell and the installation of signage at the Straffordville fire hall resulted in a 59% overrun. A large portion of the overrun is also due to being locked into a long term contract for a floor mat service at the Port Burwell station. This service will be terminated as soon as the contract time period expires. Communications equipment maintenance —the implementation of the new county wide digital system has resulted in an increase in fixed costs. This includes licensing, site rentals, equipment maintenance agreements, etc. This cost has continued to escalate and will need to be accounted for in future budgets. The usual costs of pager and battery replacements will continue as before with the usual inflationary increases. Vehicle maintenance —the old rescue was kept as a rehab unit for long calls in inclement weather. The intent was to maintain this vehicle until it became too expensive. That was the case in 2017 and the vehicle was put on surplus and sold. Page 12 of 14 Training — underran the budget both years due primarily to the slow implementation of NFPA standards in the province. With the full deployment of NFPA, we are now in the process of catching up. A portion of the overrun was due to the unplanned costs associated with our first trial utilizing Lambton College for recruit training in conjunction with having to hire 12 new members to cover attrition. A prediction in the fire service of mandatory NFPA training was also taken into account and some additional opportunities for training ahead of the changes were taken advantage of. Automatic aid — overrun. Cost is determined solely by calls in locations requiring outside assistance. 2017 Summary 2018 Goals 2017 was a busy year and the department met the challenge in all aspects. While recruitment and retention is an ever present challenge, our core personnel are dedicated and always available. The 2016 recruits have grown into valuable members of the fire service and will become the future department. All members maintained a high level of professionalism when in the public eye and during all operations. Training initiatives, reviews of Standard Operating Guidelines (SOGs), and Health and Safety procedures including PTSD awareness training, continued to improve the safety of personnel and the effectiveness of operations. Apparatus and equipment are well suited for our operations and maintained in top condition ready for use. For 2018, the fire department's priorities are: 1. Continue to review all aspects of safety within the department's training and operations. A culture of health & safety is being driven throughout the department. 2. Enhance the degree of training beyond the basics. We need to develop officer leadership skills and incorporate succession planning at all levels. 3. Ensure all electronic records are complete as necessary for any appropriate legislation, primarily the Ministry of Labor (MOL) and the Office of the Fire Marshall & Emergency Management (OFMEM). 4. Through public education, ensure Bayham's residents and industry are aware of how to be better prepared for local and large scale emergencies. Review current methodologies and create a work plan to improve delivery. 5. With the likelihood of mandatory certified training required for most fire service positions, we will need to design and implement a plan to ensure that our Municipality meets legislated requirements. Capital purchases this year include: Page 13 of 14 a) Replacing the ice/water rescue craft. The existing Zodiac and Fortuna have seen many years of service and have reached a point that repairs are no longer feasible. b) Station 2 Straffordville HVAC system. The existing system is the age of the building and is seeing an increase is service costs. It is also a low efficiency system. The replacement should reduce both maintenance/repair expenses and operating costs. Page 14 of 14 XY REPORT 3. . ' FIRE DEPARTMENT l'tunity Is TO: Mayor & Members of Council FROM: Randy White, Fire Chief/By-law Officer DATE: March 1, 2018 REPORT: FR-03/18 FILE NO. SUBJECT: WATER RESCUE CRAFT BACKGROUND: A long term Capital Budget plan was put into effect within Bayham Fire Services to ensure the tools, equipment, and apparatus for sustaining the department's operational capabilities are being replaced as they are projected to age beyond serviceability limits. As part of this strategy, a capital purchase project budget was planned some years ago to replace the ice/water rescue craft. The capital budget was approved for 2018 as FD-1 Rescue Craft for $20,000. DISCUSSION: The original plan included replacing the existing Zodiac rescue craft, Marine 1, a 12 foot craft with a 20 HP motor. Marine 1 has performed well as a rescue vessel, but is now in need of replacement due to leaking air chambers and a weakened floor. To keep the costs down, the intent was to try to utilize the existing outboard engine and trailer. The engine life could potentially be extended beyond that expected and continue in service with additional maintenance. In addition, the trailer could possibly be modified to accept a different craft. As an option to purchase new equipment, a search of used craft was executed to reduce costs and/or enhance capabilities. The search resulted in an excellent opportunity to replace the craft as a complete package for less than the cost of a new one. The search found a replacement for Marine 1 that includes a number of improvements. The proposed vessel is a 2016 Dream Series by Freedom Watercraft 18-foot Rigid Hull Inflatable, with a 2003 Mercury 30 HP 4 stroke motor and trailer. This craft would make an excellent rescue vessel for Bayham Fire and Emergency Services due to its size and increased ability to handle rough water. In addition, it will also work for rescuing persons off the rock pier, due to the fact that the inflatable sponsons and aluminum structure can handle the abuse associated with handling the vessel against the rocks. The aluminum hull has the advantage over fiberglass with an increased life expectancy when exposed to the harsh service in the water rescue environment. A 4 stroke motor is less polluting, more fuel efficient, and generally has a longer lifespan than a 2 stroke. The 18 foot length enhances the capabilities to carry extra crew or rescue victims. With trailer and motor, the purchase of a new vessel of this size was in the $20K to $30K range. The motors on these options were also bigger, but staff have reasoned that 30 HP is adequate for rescues typically performed in Bayham. Other used options explored ranged from $7,500 to $14,000 but were of smaller size and generally fiberglass hulled. P � 1 J6: Freedom ' y e �. The $9,500.00 price for this 18 ft. Rigid Hull is deemed a very reasonable price for the size and increased hull durability. The equipment was thoroughly inspected by fire personnel and coupled with the cost savings, it is felt the purchase without warranty comes with minimal risk. RECOMMENDATION 1. THAT Report FR-03/18 be received for information; 2. AND THAT Council authorize a sole-source procurement method from a private sale in the amount of$9,500 as part of the 2018 FD-1 Capital Project. Respectfully Submitted by: Reviewed by: Randy White Paul Shipway Fire Chief/By-law Officer CAOIClerk $A-Y ,At DECISION COMMITTEE OF ADJUSTMENT MUNICIPALITY OF BAYHAM �ppo Yom 56169 Heritage Line, P.O. Box 160, Straffordville, Ontario, NOJ 1Y0 ;unity Is Telephone: 519-866-5521 Fax: 519-866-3884 Application No. A-01/18 Applicant: Rudolph and Nancy Thiessen Lot: Concession 3 Part Lot 2 Roll Numbers: 34-01-000-008-06500 Street Address: 53580 Vienna Line Date of Hearing: February 15, 2018 Date of Decision: February 15, 2018 In the matter of Section 45 of the Planning Act and the Municipality of Bayham Zoning By-law No. Z456-2003, an application for minor variance to allow: Relief from Municipality of Bayham Zoning By-law Z456-2003: Y Section 5.2 — Permitted Uses—to permit the placement of a supplementary farm dwelling of two bunkhouse dwelling units in one permanent one-storey building of 167 m2 (1800 ft') to accommodate a maximum of sixteen (16) seasonal farm labourers in accordance with Section 2.1.10 of the Official Plan. Condition of Minor Variance: Subject to a Development Agreement with the Municipality of Bayham to be executed within 30 days of minor variance approval. Decision: GRANTED Reasons for the Decision: the variance is considered to be minor in nature in accordance with the requirements of the Planning Act the variance application meets the "four tests" of Section 45.(1) Planning Act the variances maintain the general intent and purpose of the Official Plan and Zoning By-law Concur in the Decision: Paul Ens / � G i Tom Southwick Randy Breyer Wayne Casier � c Ed Ketchabaw NOTICE OF LAST DATE OF APPEAL TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law within 20-days of the Notice of Decision by filing with the undersigned, not later than the 8th day of March 2018, a notice of appeal setting out the objection to the Decision and the reasons in support of the objections. It is also necessary to submit a filing fee of$300.00 with the notice of objection. Dated at the Municipality f Ba 16th day of February 2018. P Way cting Secret 7reasurer Committee of Adjustment REPORT { DEVELOPMENT SERVICES tunity Is TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: March 1, 2018 REPORT: DS-15/18 FILE NO. SUBJECT: CORINTH DRAIN — BRANCH C BACKGROUND: On July 24, 2017 the clerk received a petition for drainage from Marinus Rodenburg. On August 17, 2017, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. DISCUSSION: An onsite meeting was held with the Engineer, Drainage Superintendent and landowner. Shortly thereafter the Engineer began the design of a drainage works to achieve the required legal outlet for the lands in question. Engineer's Report# 217253 received from Spriet Associates dated February 15, 2018 was filed with the Clerk on February 16, 2018. Council should now determine whether it wishes to proceed with Notices under the Drainage Act and direct the Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the Council meeting at which this report will be considered to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d) The Director, of the Ministry of Agriculture, Food and Rural Affairs. RECOMMENDATION 1. THAT Report DS-15/18 regarding the Corinth Drain — Branch C be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #217253 dated February 15, 2018 for the Corinth Drain — Branch C, as prepared by Spriet Associates, and filed with the Clerk on February 16, 2018; 3. THAT Council set a date for the Public Meeting to he held on March 15, 2018 at 8:00 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works in accordance with the Drainage Act. Respectfully Submitted by: Bill Knifton ul ipw y Chief Building Official C O Drainage Superintendent g,AY REPORT DEVELOPMENT SERVICES l-tunity Is TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: March 1, 2018 REPORT: DS-16/18 FILE NO. C-07/E09 SUBJECT: PETITION FOR DRAINAGE BACKGROUND: This report is to present Council the Petition filed with the Clerk, of the Municipality of Bayham, on February 22, 2018. The petition is for a drainage works for lands owned by Magda Donck known as Pt Lot 8, Con 9, Municipality of Bayham. This land is situated on the north side of Eden Line at the corner of Talbot Line. Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60% of the hectarage in the area; (c) Where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61(5); (d) Where a drainage works is required for the drainage of lands used for agricultural purposes, the Director. The Drainage Act provides that Council must give consideration to the petition and, within thirty days (Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30 days. It may be difficult for Council to make a decision on the validity of the petition as it is based on definition of the "area requiring drainage". Initially, the petitioner(s) define this area on the petition they submit, however the area must be defined by an engineer at the "on-site meeting" to determine the validity of the petition. If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16): (a) each petitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food & Rural Affairs. The Municipality must appoint an engineer within sixty days (Section 8.3) of giving notice to proceed. The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work, the engineer is to file said report within six (6) months (Section 39.1) of the appointment. Following the appointment the engineer must (Section 9.1) cause the Municipal Clerk to send a written notice, specifying the time and place of an "on-site meeting". The notice must be served seven days prior to the proposed site meeting. DISCUSSION: Mrs Donck has been experiencing water problems in her basement. Her land has low lying areas that allow water to pond near her house. There is no outlet for the water on her property and the land to the north slopes to her land and water from that parcel lays on her front yard. This property needs an outlet for the surface water. It is recommended that Council retains Spriet Associates to prepare a report for the required drainage. RECOMMENDATION 1. THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Magda Donck; 2. THAT Report DS-16/18 regarding the petition for drainage and for drainage improvement be received; 3. AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration. Respectfully Submitted by: 01 u-� Bill Knifton / a u I h' Chief Building Official CA Drainage Superintendent t,,'-�OntarioMinistryofAgriculture, Petition for Drainage Works by Owners Food and Rural Affairs Form 1 Drainage Act, R.S.O.1990,c.DA 7,clause 4(1)(a)or(b) This form is to be used to petition municipal council for a new drainage works under the Drainage Act.It is not to be used to request the improvement or modification of an existing drainage works under the Drainage Act. To: The Council of the Corporation of the of V t ij&�-A The area of land described below requires drainage(provide a description of the properties or the portions of properties that require drainage improvements) T L_(37 i✓ >v '2t &Q t t2 ,n (.--VC G A-� 0\j cc �E7i=-o U,J N-zF_(L (0 r-4 -P(2_0 PC e C M E C E v D r 2 2 201 In accordance with section 9(2)of the Drainage Act,the description of the area requiring drainage will be confirmed or modified by an engineer at the on-site meeting. As owners of land within the above described area requiring drainage,we hereby petition council under subsection 4(1)of the Drainage Act for a drainage works.In accordance with sections 10(4),43 and 59(1)of the Drainage Act,if names are withdrawn from the petition to the point that it is no longer a valid petition,we acknowledge responsibility for costs. Purpose 6f'.Ehe P,eiitiorj,(To be completed byone of the petitioners.Please ype/print) Contact Person(Last Name) (First Name) Telephone Number D C_V__ M A &6 z x Address Road/Street Number Road/Street Name Location of Project Lot Concession Municipality Former Municipality(if applicable) 3 I 13(l 1 *0 AY What work do you require?(Check all appropriate boxes) ❑ Construction of new open channel Construction of new the drain Deepening or widening of existing watercourse(not currently a municipal drain) ❑ Enclosure of existing watercourse(not currently a municipal drain) ❑ Other(provide description ♦) Name of watercourse(if known) Estimated length of project General description of soils in the area What is the purpose of the proposed work?(Check appropriate box) ❑Tile drainage only 1WSurface water drainage only ❑Both Petition filed this 2 T 1 day of t .2,iR�{ ,20 t V Name of Clerk(Last,first name) n Signature SiF�,pwA r' uc_ 0173E(2012/08) ©Queen's Printer for Ontario,2012 Disponible an frangais Page 1 Property,6,wners Signing T-he Petition Page of • Your municipal property tax bill will provide the property description and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if available. • If you have more than two properties,please take copy(ies)of this page and continue to list them all. Number Property Description L-7 18 c-,3 r-- Ward Ward or Geographic Township Parcel Roll Number I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership Sole Ownership Owner Name(Last,First Name)(Type/Print) (Signature Date(yyyy/mm/dd) ❑ Partnership(Each partner in the ownership of the property must sign t etition form) Owner Name(Last,First Name)(Type/Print) Sig ture Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description Ward or Geographic Township Parcel Roll Number I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) I Signature I Date(yyyy/mm/dd) ❑ Partnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) ❑ Check here if additional sheets are attached Clerk initial Petitioners become financially responsible as soon as they sign a petition. Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act R.S.O.1990,c.D.17 subs.8(1). After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act R.S.O.1990,c.D.17 subs.10(4). After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs,1 Stone Rd W,Guelph ON N 1 G 4Y2,519 826-3552. 0173E(2012/08) Service Canada February 16, 2018 Project Number: 1500695 Paul Shipway Municipality of Bayham 56169 Heritage Line Straffordville, ON N0J1Y0 Subject: Decision Letter "Straffordville Community Hub Improvements" Dear Paul Shipway: I am writing further to your request for funding under the New Horizons for Seniors Program for the above-mentioned community-based project. After careful review of your application, your project has not been selected for funding because it does not meet the Program's eligibility criteria. • Your project activities are for profit Although funding decisions are final, you can contact the New Horizons for Seniors Program — Ontario at 1-866-945-7342 if you would like to discuss the assessment of your application or other proposals you may have for future projects. Additional information about the Program, application completion and future calls for proposals can be found on our website at www.esdc.qc.ca/seniors. Thank you for your interest in the New Horizons for Seniors Program. Sincerely, New Horizons for Seniors Program — Ontario 430 Courtneypark Drive East Mississauga, Ontario L5T 2S5 ON-Toronto RHQ AR-NHSP NHPA(o-)HRSDC-RHDSC.gc.ca Canadila'! REPORT cao �rtunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: March 1, 2018 REPORT: CAO-09/18 SUBJECT: PROPERTY STANDARDS BY-LAW— LOT MAINTENANCE BY-LAW BACKGROUND: Section 8.8 of the Official Plan of the Corporation of the Municipality of Bayham outlines Maintenance and Occupancy Standards 8.8.1.1 The Municipality shall endeavour to keep in a fit and well-maintained condition all municipally owned properties and structures, and to provide or maintain in good repair such municipal services as roads, sidewalks, water and sewerage facilities, and landfill sites. 8.8.2.1 The Municipality may pass by-laws pursuant to the Building Code Act, to establish minimum standards of maintenance and occupancy, and to conserve, sustain and protect existing and future development. A maintenance and occupancy by-law, applicable to all property within the municipality, may contain requirements with respect to: a. Garbage disposal and pest prevention; b. Structural maintenance, safety and cleanliness of buildings; c. Services to buildings including plumbing, heating and electricity; d. Keeping properties free from rubbish, debris, weeds, abandoned or used vehicles,trailers, boats, barges, mechanical equipment or material; e. Maintaining yards, lands, parking and storage areas, fences, swimming pools,accessory buildings, and signs; f. Occupancy standards. 8.8.2.2 The Municipality shall appoint a Property Standards Officer who will be responsible for administering and enforcing the Maintenance and Occupancy Standards By-law, and a Property Standards Committee for the purpose of hearing appeals against an order of the Property Standards Officer. On February 21, 2002 the Council of the corporation of the Municipality of Bayham passed By- law No. 2002-009, being a by-law to provide for the maintenance of yards, attached hereto as Appendix `A'. On February 21, 2002 the Council of the Corporation of the Municipality of Bayham passed By- law No. 2002-010, being a by-law prescribing property maintenance and occupancy standards, attached hereto as Appendix 'B'. On December 19, 2002 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2002-087, being a by-law to appoint a property standards committee and to set out the remuneration, attached hereto as Appendix `C'. On December 8, 2016 the Promoting Affordable Housing Act, 2016 received Royal Assent. Effective July 1, 2018 the Promoting Affordable Housing Act amends Sections of the Residential Tenancies Act to end the Province's role in enforcing residential rental maintenance standards. Pursuant to the Promoting Affordable Housing Act when the Provincial role ends, all municipalities will be required to enforce a version of residential rental maintenance standards. DISCUSSION Municipalities may enforce maintenance standards under Section 15 of the Building Code Act or Ontario Regulation 517/06 under the Residential Tenancies Act. Municipalities, before being legislated, passed property standards by-laws to regulate and govern the maintenance and occupancy of property, in order to enhance the quality of the community and neighborhoods, to protect the safety, health and well-being of the public and to ensure the continued enjoyment of property for residents and property owners. The Municipality of Bayham Official Plan utilizes the Building Code Act for property standards enforcement. The Building Code Act allows municipality to: • Issue an emergency order specifying repairs required immediately to terminate danger. • Issue an order prohibiting occupancy. • Cause the unsafe property to be renovated, repaired or demolished to remove the unsafe condition if owner fails to comply and add repair costs to municipal taxes as priority lien on title. • Commence prosecution under Part I of the Provincial Offences Act. • Commence prosecution under Part III of the Provincial Offences Act. A Property Standards By-law provides for the establishment of a Property Standards Committee that may hear appeals of work orders. The Property Standards Committee requires time, resources and per diem. An owner or occupant who is not satisfied with the terms or conditions of an order may appeal to the committee within 14 days after being served with the order. The Property Standards Committee may confirm, modify or rescind the order, or may extend the time to comply with the order. Subsequently, the Municipality may register an order on title of the property. Bayham does not have any records on file of any formal Property Standard Committee meetings and no current staff member has any knowledge of the same occurring. As a result of the resource requirements the Property Standards By-law is the least optimal regulatory enforcement mechanism. Since 2015 the Municipality of Bayham has worked to redraft the majority of its regulatory by- laws to ensure enforceability and to modify the by-laws from standard templates to by-laws that are drafted with the community and character of Bayham in mind. Attached hereto as Appendix `D' is the proposed Property Standards By-law. The content of the by-law remains largely unchanged. The provisions have been reworded to create offences and the enforcement process has been removed on the advice of the County Solicitor to leave room for situation specific enforcement. Attached hereto as Appendix `E' is the proposed Lot (Yard) Maintenance By-law. Any provisions of the Lot Maintenance By-law that are enforced under existing regulatory by-laws have been removed. The provisions have been reworded to create offences. RECOMMENDATION 1. THAT Report CAO-09/18 re Property Standards By-law— Lot Maintenance By-law be received for information; 2. AND THAT Council direct staff to bring forward a Property Standards By-law and a Lot Maintenance By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOIClerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 20102-9 Being a.By-law to Provide for the Maintenance of Yards WHEREAS Section 210 of the Municipal Act,R.S.O. 1990,c.M.45,as amended,provides and authorizes the Council of local municipalities to pass by-laws prescribing minimum standards for the maintenance of property,which includes all buildings and structures, and for prohibiting the occupancy or use of such property that does not conform with the standards; and requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or for the site to be cleared of all buildings,structures,debris or refuse and left in graded and leveled condition; AND WHEREAS Section 210,paragraphs(30),(60—63),(80),(136),(146),and(150)of the Municipal Act,R.S.O. 1990,c.M 45,as amended,provides and authorizes the Council of local municipalities to pass by-laws with respect to property and yard maintain,draining,cleaning and clearing; AND WHEREAS Section 210,subsection(135)of the Municipal Act,R.S.O. 1990,c.M 45,as amended,authorizes the Councils or local municipalities to pass by-laws for prohibiting,or regulating and inspecting the use of any land or structures thereon within the municipality or any defmcd area or areas thereof for dumping or disposing of garbage,refuse or industrial waste of any kind,which by-law or by-laws: (a) may establish a schedule of fees chargeable upon inspection of such regulated land or structures; (b) may require the owners,lessees or occupants of such land or structures,at the expense of the owners, lessees or occupants,to cease using such land or structures for such purposes,or to cover over any garbage, refuse,or domestic or industrial waste in any prescribed manner,whether or not such land or structures were so used before the passing of the by-law; (c) may define industrial or domestic waste; (d) a by-law under this subsection does not apply to the use of any land or structure by a municipality. AND WHEREAS Section 220.1 of the Municipal Act,RS.O. 1990,c.M 45,as amended by Section 10 of Schedule M of the Savings and Restructuring Act, 1996,provides that the Council may by by-law impose fees for services and activities provided or done by or on behalf of The Corporation of Municipality of Bayham; AND WHEREAS Sections 1,6, 12,60,and 61 of the Provincial Offences Act,R.S.O. 1990, as amended,provides that local municipalities can create a fine set by the Court for an offence,and other penalty provisions; AND WHEREAS the Oficial Plan for The Corporation of the Municipality ofBayham,passed on July 5,2001,as amended from time to time,includes provisions relating to conditions of maintenance and occupancy of properties; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance of land in order to enhance the quality of the community and neighborhoods,to protect the safety,health and well being of the public and to ensure the continued enjoyment of property for residents and property owners of the Municipality. NOW THEREFORE,the Council of The Corporation of the Municipality of Bayham enacts as follows: 1. SHORT TITLE: This by-law may be cited as the"Yard Maintenance By-law". 2. DEFINITIONS: In this by-law, 1 Yard-Maimenance By Low Municipality of Bayh= 2.1 "Accessory Building"means a detached building which is customarily incidental and subordinate to the main use of the lot,and which is not used or intended for use as human habitation. 2.2 "Chief Building Official"means the Chief Building Official appointed in accordance with the provisions of the Building Code Act, 1992,S.O. 1992,c.23 and having jurisdiction for the enforcement thereof,or a designated representative. 2.3 "Clerk"means the Clerk of the Corporation of the Municipality of Bayham. 2.4 "Commercial Solid Waste or Grease Container"means a waste or,grease disposal container placed on propertywithin the territorial limits of the Municipality for the temporary storage of waste or grease. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste herein or removing the contents thereof. 2.5 "Composting"shall mean the biological degradation or breakdown of organic material in a dark soil-like material called humus. 2.6 "Com ostin Container"shall mean the holding unit used to store yard,garden and household wastes for the purpose of composting. 2.7 "Corporation"shall mean the Corporation of the Municipality of Bavham. 2.8 "Council"means the Council of The Corporation of the Municipality of Bayham. 2.9 "Dwelling"means a building any part of which is capable of being used for the purpose of human habitation and includes a building that would be or is capable of being used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 2.10 "Dwelling Unit"means one or more rooms located within a dwelling and used or capable of being used for human habitation by one or more persons. 2.11 "Inspectors"means Property Standards Officer,or any person designated to assist the Property Standards Officer in the administration and enforcement of this By- law. 2.12 "Medical Officer of Health"means the Medical Officer of Health having jurisdiction within the territorial limits of the geographical area of the Municipality of Bayham. 2.13 "Motor Vehicle"means any form of transportation for humans designated to be propelled or driven otherwise than by muscular power,and includes but is not limited to cars,trucks,motorcycles,motor homes,and trailers of any description. 2.14 "Municipality"means the geographical area of "The Corporation of the Municipality of Bayham". 2.15 "Non-residential Property"means any property or use of property designated, intended or used for any purpose other than those of a dwelling. 2.1.6 "Noxious Weed"means a plant that is designated under The Weed Control Act, R.S.O. 1990,c.W.5,and amendments thereto,as a noxious weed. 2.17 "Nuisance"shall mean any use or condition,which interferes with the normal enjoyment of any use of any neighboring use of land,building or structure. 2.18 "Occupant"means any person or persons over the age of eighteen years in possession of the property. 2.19 "Offence"as found within s.l(1)of the Provincial Offences Act,IZS.O. 1990,c. P. 33 means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature. 2.20 "Officer"means a By-law Enforcement Officer appointed by the Council of the Municipality of Bayham. 2.21 "Official Plan"means the Official Plan for the Municipality of Bayham,passed on July 5,2001,as amended from time to time. 2.22 "Other Vehicle"means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power,and includes but is not limited to tractors,self propelled construction or industrial equipment,motorized snow vehicle,and then engines of cars or steam,electric,or diesel railways. 223 "Owner"paeans an owner,lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham. "Owner"shall also include the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his or her own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let,and shall receive the rent if such land and premises were let,and shall also include a lessee or occupant of the property who,under the terms of a lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. 2.24 "Person"means any person,corporation,or director of a corporation. 2 Yard Maintenance By-Law Manicipalityof Bayhain 2.25 "Private Drain"means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows,such as storm drainage,roof water,surface and ground waters are not to be intentionally admitted. 2.26 "Property"means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes,mobile buildings,mobile structures,accessory buildings,fences and erections thereon, whether heretofore or hereafter erected,and includes vacant property. 2.27 "Repair"means the taking of any action as may be required so that the property shall conform to the Standards established in the By-law."Repair'includes the provision of such facilities and the making of additions or alternation or the taking of such action as may be required so that the property shall conform to the standards established in this By-law. All repairs shall be made in conformity with the Ontario Building Code and all other applicable laws,codes and regulations. 2.28 "Residential Property"means a dwelling and includes any lands,yards,and buildings appurtenant thereto,outbuildings,fences,steps,sidewalks,walkways, driveways,parking spaces and erections thereon,whether heretofore or hereafter erected,and further includes vacant land. 2.29 "Returnable Receptacle"means a receptacle manufactured for the purpose of storing garbage or refuse,constructed of materials which has an equivalent durability to No.28 gauge metal and having a height not exceeding 100 cm,a diameter not exceeding 50 em,a weight including contents,not exceeding 35 kg, a water tight lid and two handles. 2.30 "Rubbish"means any waste material,debris,refuse,litter or articles of trash. 2.31 "Set Fine"means that amount of the fine set by the Chief Judge of the Ontario Court(Provincial Division)for an offence for the purpose of proceedings commenced under Part I or Part 11. 2.32 "Sewage"means any liquid waste containing animal,vegetable or mineral matter in suspension or solution,but does not include roof water or other storm runoff. 2.33 "Sewage System"means the Municipal sanitary sewage system or a private sewerage disposal system approved by the Medical Officer of Health. 2.34 "Standards"means the standards for the physical condition and the occupancy of property prescribed in this By-law. All standards herein are deemed to be the minimum standards for the promotion of the health,safely,comfort,convenience, and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 2.35 "Structure"means anything constructed or erected,the use of which requires location on or in the ground,or attached to something having location on the ground,and,without limited the generality of the foregoing,includes walls, fences,signs,and billboards. 2.36 "Temporary Storage"means a period of time between the normally scheduled collections of waste material but not to exceed thirty(30)days. 2.37 "Vessel"means any form of marine transportation for humans,commodities or goods and designed to be propelled by any means including but not limited to internal combustion engines,steam,electric,muscular or natural power. 2.38 `'Waste Material"means any article thing,matter or effluent that appears to have been cast aside or discarded or abandoned or discharged whether of any value or not,or appears to be used up in whole or in part,or expanded or worn out in whole,or in part. Without restricting the generality of the definition set forth above,"Waste Material"may specifically include: (a) garbage,refuse,debris,litter,,grass clippings,tree and garden cuttings,brush and leaves; (b) containers including,but not limited to crockery,dishes,glassware,bottles,plastic and metal; (c) paper,cardboard,cloth,plastic,or synthetics; (d) weighty or bulky materials such as appliances,furniture,or household goods,including a mattress,bed,dresser,sofa,chair,table,television,radio,stove,refrigerator,dishwasher, washing machine and dryer or other furnishing or appliance or any pari of any of them; (e) any furnace,hot water heater,air conditioner, or any part of any of them; (f) any pipes,water or fuel tanks,wooden or metal signs or palettes; (g) a motor vehicle or other vehicle which is not operative,a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Traffic Act,discarded motor vehicle to other vehicle,automotive parts,vehicle parts and accessories,mechanical equipment, mechanical parts,unmounted tires,tires mounted on rims,accessories or adjuncts to the motor vehicle or other vehicle and mechanical equipment; (h) a vessel,which is not operative,discarded vessel,unsound or unseaworthy vessel,vessel parts and accessories,mechanical equipment,mechanical parts,accessories or adjuncts to the vessel and mechanical equipment; 3 Yazd Mainummoc by-Law Municipailty of 6ayham (g) broken concrete(other than for shore protection),asphalt pavement,patiolsidewalk slabs, surplus building materials whether new or used; (b) material resulting from or as part of construction,alteration,repair or demolition or any building or structure; (i) rubble,inert fill,fencing materials; (j) all waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food,except any material of vegetable origin placed in a composting container; (k)any liquid containing chemicals or solids either dissolved or in suspension. 2.39 "Yard"shall mean the land or property around and appurtenant to the whole or any part of a structure,building,or dwelling and used or intended to be used,or capable of being used,in connection with the structure or dwelling-,and shall include vacant lots located within the hamlets and villages of the Municipality of Bayham as designated in the Official Plan,passed July 5,2001,as amended from time to time. 3. MAINTENANCE OF YARDS: 3.1 Every owner shall keep all yards,grounds and vacant lands,which be,she or they may own,lease or occupy,cleaned and cleared ofall rubbish,debris and waste material. Every property shall be maintained free from conditions that may create a health,safety or fire hazard. 3.2 No person shall use any land or structure within the Municipality for dumping or disposing of rubbish,debris or waste material of any kind. 3.3 Paragraphs 3.2 does not apply to land or structures operated by the Municipality for the purpose of dumping or temporary disposing of waste material on land or structures designated by By-law of the Municipality or used for the purpose of dumping or disposing of waste material on land which is being lawfully used for the outdoor storage of materials under applicable zoning and licensing regulations. 3.4 No person shall throw,place or deposit refuse,debris or waste material on private property without the written authority of the owner and occupant of the property. 3.5 No person shall throw,place or deposit refuse,debris or waste material on Municipal or County property without written authority of the Municipality or the County. 3.6 No owner or occupant shall permit weeds and grasses on any yard to grow or stand greater than six(6)inches I fifteen(15)centimeters in height. 3.7 Every owner and occupant shall eliminate from all yards all plants designated as noxious weeds under The Weed Control Act,R.S.O. 1990,c.W.5. 3.8 Every owner shall be kept every property which he,she or they may own,lease or occupy,free from heavy undergrowth or underbrush,and free from dead,decayed or damaged trees,and branches and limbs thereof,which may create a potential fire hazard, or unsafe condition,or harbor pests or vermin. 3.9 Every owner shall keep all hedges and trees adjacent to a public sidewalks or roadways cut and trimmed so as to allow safe and unhindered passage and an unobstructed view of pedestrian and/or vehicular traffic upon such sidewalk or roadway. 3.10 No owner shall plant,maintain or permit any tree,bush,hedge,or shrub to grow more than 1.0 metre in height on a comer lot within 4.0 metres of the intersection of the front lot line and the exterior Iot line of such lot. 3.11 Every owner shall keep every property,which he,she or they may own,lease or occupy, clear and clean of dilapidated or collapsed structures or erections,or used building materials not being utilized in the construction of a building. 4 Yard Maintenance By Law Municipality of Bayham 4. SIDEWALKS,DRIVEWAYS,PARKING AND LOADING AREAS: 4.1 Every owner shall maintain in good condition all sidewalks,steps,porches, and verandas on the property,which he,she or they may own,lease or occupy,so as to afford safe passage under normal use and weather conditions. 4.2 Every occupant shall maintain in good condition all driveways,parking areas and loading areas on the property which he,she or they may own,lease or occupy,so as to afford safe passage under normal use and weather conditions 4.3 Every owner and occupant shall provide and maintain a clear,unobstructed access to all gas,water and hydroelectric meters and service entrance equipment, inside and outside of buildings. 4.4 The occupant and where there is no occupant,the owner or person having charge,care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all dirt,debris,and litter from the sidewalk on the side of such street which is nearest to such building or lot. 4.5 The occupant and where there is no occupant,the owner or person having charge,care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all snow and ice from the sidewalk on the side of such street which is nearest to such building or lot. 4.6 If any person who is required by paragraphs 4.4 and 4.5 of this By-law to remove snow and/or ice from the sidewalks of the street adjoining his or her premises refuses or neglects to remove or clear away the same within the first four(4)hours of daylight after any fall of snow or fall of hail or rain which freezes on the said sidewalks; or refuses or neglects to remove dirt,debris or litter from same,and neglects or refuses to do so for twenty-four(24)hours after receiving notice from the Property Standards Officer or Superintendent of Public Works to cant'out this; then said person shall be deemed to be in default of this By-law and the Property Standards Officer or Superintendent of Public Works may cause such snow,ice,dirt or litter to be cleared away and removed at the expense of such person. In the case of non-payment of such expense,the same shall be recovered in like manner as municipal taxes pursuant to Section 326 of the Municipal Act,R.S.O. 1990. 5. MOTOR VEHICLES&MACHINERY: 5.1 No person shall use any property within the Municipality of Bayham for the storing and/or parking of a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Act for the Province of Ontario or amendments thereto,for the purpose of repairing,wrecking or dismantling it or salvaging parts thereof for sale or other disposal,unless the use of such land is in conformity with the requirements of the Municipal Zoning By-laws. 5.2 No person shall use any property within the Municipality of Bayham for the storing and/or parking of any other vehicle,which is in a rusted,wrecked,discarded,dismantled, partially dismantled,inoperative or abandoned condition,unless the use of such land or structure is in conformity with the requirements of the Municipal Zoning By-laws. 5.3 .Every owner shall keep every property,which he,she or they may own,lease or occupy, clear and clean of machinery,or parts thereof or other object or parts thereof or the accumulation of material that creates an unsafe condition. 5.4 No person shall use any property within the Municipality of Bayham for storing vessels or parts thereof for the purpose of repairing,wrecking or dismantling them or salvaging parts thereof for sale or other disposal unless the use of such land or structure is in conformity with the requirements of the Municipal Zoning By-laws. 5 Yard Maintenance Hy-Caw Municipality sof Bayham 6. OUTDOOR STORAGE: 6.1 No owner or occupant shall use any property as a place to store,keep,display,pile or accumulate any debris or waste material. 6.2 Where outdoor storage is permitted by law,the owner shall maintain such storage in a safe condition,located,parked or stacked in a neat and orderly fashion or in bins, containers,structures or enclosures appropriate to the nature,composition,chemical or other characteristic properties or distinctive attributes of the substance stored. 6.3 Where outdoor storage is permitted by law,the owner shall completely enclose such outdoor storage areas with fencing at least 1.5 meters in height,which fencing shall be constructed in such a fashion as to block the view of items stored. Such fenced enclosure shall be located at least 6.0 meters from any street,and the area exterior thereto shall be landscaped,save and except any adjoining building,driveway,or parking or loading area. 7. GARBAGE RECEPTACLES: 7.1 Every owner of property shall provide every building and every dwelling unit within a dwelling with sufficient receptacles to contain all garbage,rubbish and ashes. 7.2 Every owner or occupant shall promptly store all garbage and refuse in receptacles, which receptacles shall be made available for removal in accordance with the applicable by-law for the Corporation,and all amendments thereto,or where collection is by private contract,in accordance with the terms of the contract,provided that,in any event,the same shall not be permitted to accumulate upon a property in such fashion as to create a health,fire or safety hazard or create a nuisance. 7.3 Every owner or occupant shall use outside receptacles which: i) are made of water tight construction; ii) provide a cover adequate to prevent the escape of garbage and; iii) are maintained in a clean state. 7.4 Garbage in garbage storage areas shall be kept rodent and insect free at all times and methods used for exterminating rodents or insects or both,shall conform to generally accepted practice. 7.5 Paper bags of any type shall not be considered as acceptable receptacles. 7.6 No person shall cause or permit any Commercial Solid Waste or Grease Container to overflow its normal capacity when its cover or covers are in a closed and secured position. 8. PEST PREVENTION: A building shall be kept free of rodents(other than those kept as pets in wire cages), vermin and insects at all times,and methods used for exterminating rodents,vermin and insects shall be in accordance with the provisions of The Environmental Protection Act, R.S.O. 1990,c.E. 19 and The Pesticides Act,R.S.O. 1990,c.P. 1 l and regulations there under made,as amended or its successor. All openings in basements,cellars or crawl spaces,including floor drains shall be protected to prevent the entrance of rodents, vermin and/or insects. 9. FENCES: 9.1 Fences shall be kept in good repair and free from accident hazards.Fences shall be kept in a structurally sound condition and shall be kept plumb,unless specifically designed to be other than vertical. Fences shall be kept protected by paint,preservative or other weather resistant material unless the aesthetic characteristics of the fence are enhanced by the lack of such material. 6 Yard h(vintenmiceBy-Law Municipality ofBayhmn 9.2 Every fishpond,which exceeds 0.5 metres in depth,shall be enclosed by a fence of at least 1.2 metres in height. Such fence shall not have horizontal structural members on the side away from the fishpond or any other collection of water or any other liquid and must be constructed so as not to be used ac a ladder allowing entry to the enclosed area.Every fence,which encloses a fishpond exceeding 0.5 metres in depth,must be equipped with a working self-closing device and also be equipped with a working self-latching device, which cannot be easily opened by a child. 10. RETAINING WALLS: All retaining walls shall be maintained in good repair and free from accident hazard. All retaining walls shall comply with the Ontario Building Code, 1992,S.O. 1992,c. 23. Without restricting the generality of Section 10.1 of this By-law,the maintenance shall include: i) redesigning,repairing or replacing of all deteriorated,damaged,misaligned or missing portions of the wall,or railing and guards appurtenant thereto; ii) installing subsoil drains where required to maintain the stability of the wall; iii) grouting masonry cracks; iv) applying a coating of paint or equivalent preservative. 11. RAILINGS AND GUARDRAILS: All railings,hand rails and guardrails shall be of sound construction,and maintained free of health,fire and safety hazards,and shall be provided in accordance with the requirements of the Ontario Building Code. All railings,hand rails and guardrails shall be maintained in good repair and securely affixed or anchored. 12. ACCESSORY BUILDINGS: 12.1 An accessory building shall be kept in good repair,and free from health,fire and accident hazards. The exterior of an accessory building shall be weather resistant,and where necessary this shall be accomplished by the use of weather resistant materials. 12.2 All accessory buildings shall be properly anchored as to prevent said buildings from being damaged by the force of the wind and weather. 12.3 Where an accessory building is not maintained in accordance with these standards,it shall be removed from the properly. 13. SWIIVIMING POOLS: 13.1 Swimming pools shall be maintained in good repair,free of leaks. 13.2 No person shall construct,install or erect any swimming pool on any property,which will or may,in any manner,alter the existing drainage of water upon,in,along,or through such property so as to obstruct the drainage of such property or obstruct the drainage of any adjacent property or create ponding upon any property. 13.3 Swimming pools shall be drained to the street or directly to a storm sewer system when being drained or emptied,and no person shall permit a swimming pool to drain on to an adjacent property. The backwash from pool filters shall be drained to either a sanitary or a storm sewer or may be spread on lawn areas provided seepage there from does not affect a4iacent properties. 13.4 Every swimming pool,which exceeds 0.5 metres in depth, shall be enclosed by a fence of at least 1.2 metres in height. Such fence shall not have horizontal structural members on the side away from the swimming pool must be constructed so as not to be used as a ladder allowing entry to the enclosed area. 7 Yard AWntenance By-Law ytunicipatity ofBayham 13.5 F,very fence,which encloses a swimming pool,exceeding 0.5 metres in depth,must be equipped with a working self-closing device and also be equipped with a working self- latching device,which cannot be easily opened by a child. 14. SEWAGE AND DRAINAGE: 14.1 Every owner shall provide the property,which he,she or they may own,lease or occupy, with sanitary disposal of sewage into a sewage system. Sewage of any kind shall not be discharged onto the surface of the ground,whether into a natural or artificial surface drainage system or otherwise. 14.2 Every owner shall drain their land where water has accumulated upon the land to such a depth that in the opinion of the Chief Building Official,an Officer or designate,an unsafe or dangerous situation exists. 14.3 No person shall connect or permit any connection of any weeping tile,foundation drain, roof drain,or land drain into any private drain. 14.4 No person shall discharge,or permit to be discharged into any private drain or sanitary sewage system,any extraneous flow such as ground water,foundation tile water,roof or surface water or storm drainage. Every owner of a property with a private drain shall alter or repair the private drain to disconnect any extraneous flows from the private drain. 14.5 No person shall allow the discharge of roof drainage on sidewalks,stairs or neighboring property,or on any impervious surface within road allowance. 14.6 F,very owner shall drain storm water from the yard so as to prevent recurrent ponding,or the entrance of water into a basement or cellar. 14.7 Every owner,lessee or occupant shall keep in repair his or her private drain and shall alter or relay the private drain as may be required by the Chief Building Official,an Officer or designated person. 15. SIGNS: 15.1 Every person shall maintain their signs: i) so as not to cause any unsafe condition; ii) in a vertical plane unless otherwise erected and approved,in which case such sign shall be maintained as erected and approved; iii) without any visible deterioration of the sign and its structure when viewed from any property other than the property on which the sign is situated;and, iv) in conformance with the requirements of the sign by-laws of the municipality. 15.2 Every person shall remove from the property,or shall store within a building,any signs that are unused or not cared for or discarded. 16. LIABILITY: Every owner,lessee and occupant of the lands and premises within the territorial limits of the Municipality of Bayham are jointly and severally liable to ensure compliance of such lands and premises with the standards prescribed by this by-law. 17, RIGHT OF EN'T'RY: For the purpose of ensuring compliance with the provisions ofthis By-law the Chief Building Official,the Property Standards Officer,the Medical Officer of Health or designate,the Fire Prevention Officer or designate,and any other person appointed as By-law Enforcement Officer and/or acting under the instructions of the Council of the Municipality of Bayham may at all reasonable times,enter upon and inspect any land or structure where garbage,refuse or waste materials is located or kept. Yazd Maintenance toy-law Municipality of Bayham. 18. RESPONSIBILITY OF OCCUPANT AND OWNER: 18.1 The occupant of the property shall,in respect of that part of any property which he or she occupies and controls,comply with all of the standards prescribed is this By-law. 18.2 The owner of every property shall: i) comply with all ofthe standards prescribed in this By-law; not permit any person to use or occupy any property owned by him or her unless such property conforms to the standards prescribed in this By-law; comply with all lawful orders of a Property Standards Officer,within such time and in such manner as specified therein. 19. PROPERTY STANDARDS OFFICER: 19.1 For the purpose of the administration and enforcement of this By-law,the office of Property Standards Officer is hereby created,and the person appointed from time to time to this office shall be responsible for the administration and enforcement of this By-law subject to review of Council. 19.2 The Chief Building Official shall be appointed a Property Standards Officer for the purpose of the administration and enforcement of this By-law. 19.3 The Property Standards Officer may,from time to time,designate other persons to act as his assistant in the administration and enforcement of this By-law. 24. ADMINISTRATION AND ENFORCEMENT.- 20.1 NFORCEMENT:20.1 When any lauds and/or premises are not maintained pursuant to the requirements of this By-law,the Property Standards Officer,the Chief Building Official,or a designated person may,by personal service,registered mail or any other permitted means,deliver a Notice of Violation and Repair to any owner at the address shown on the last revised assessment roll or to the last known address of any such owner. 20.2 The Notice shall state: (a) that the property does not comply with the standards prescribed by the By-law and shall specify the standards with which the property does not comply; (b) that after a certain date,specified in the Notice,the property will be subject to a re-inspection to ascertain compliance; (c) that after the specified re-inspection date,the property still does not comply to the prescribed Standards,an Order will be issued by the Officer under Paragraph 20.3 ofthis By-law;and (d) that the Officer may be contacted for the purpose of requesting further information and advice pertinent to the violations noted or reporting what action is being or will be taken to affect compliance with this By-law. 20.3 If,after affording any person served with a Notice provided for in Paragraph 20.2 an opportunity to appear before the Officer and to make representations in connection therewith,the Officer may make and serve or cause to be served upon or scent by prepaid registered mail to such person an Order containing; (a) the municipal address or legal description of such property; (b) reasonable particulars of the repairs to be effected or statement that the site is to be cleared of all buildings,structures,debris or refuse and left in a graded and level condition and the period in which there must be a compliance with the terms and condition of the Order and Notice that,if such repair or clearance is not completed with in the time specified in the Order,the municipality may carry out the repairs at the expense of the owner;and (c) the final date for giving Notice of appeal from the Order. 20.4 If the Officer is unable to effect service under Paragraphs 20.2 and 20.3,he/she shall place a placard containing the terms of the Notice or the Order in a conspicuous place on 9 Yard Malawnaice ky-Law Municipality of Saybam the property and the placing of the placard shall be deemed as sufficient service of the Notice or Order on the owner or other persons. 20.5 Every owner of the property shall comply with a Property Standards Order as confirmed or modified. 20.6 Every occupant of the property shall comply with a Property Standards Order as confirmed or modified. 20.7 If any owner and/or any occupant of any lands and/or premises fails to comply with anything required to be done in accordance with this By-law,the Municipality of Bayham in addition to all other remedies,shall: (a) Have the right to repair the said lands and/or premises so as to create and/or maintain compliance with those standards set forth in this By-law, and,for this purpose with its servants and agents from time-to-time to enter in and upon the property; (b) Not be liable to compensate such owner or any other person having an interest in the property by reasons of any thing done by or on behalf of the Municipality of Bayhain under provisions of this subsection,and (c) Have the right to recover from the owner of the property any amount expended by or on behalf of the Municipality of Bayham under the authority of this section and such amounts may be collected in like manner as municipal taxes. 20.8 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act. 20.9 Every person who fails to comply with an Order to conform to the provisions of this By- law is guilty of an offence and is liable to prosecution and penalty pursuant to the Provincial Offences Act,R.S.O. 1990, c.P. 33,as amended and any successor legislation thereto. 20.10 Following the inspection of a property,the Officer may,or on the request of the owner shall,issue to the owner a Certificate of Compliance,if in the Officer's opinion,the property is in compliance with this By-law. 20.11 A fee in the amount of One Hundred and Twenty Five($125.00)Dollars shall be payable to the Municipality prior to the issuance of a Certificate of Compliance where it is issued at the request of or on behalf of the owner. 20.12 This By-law shall be enforced,by the Property Standards Officer,upon receipt of a written and signed complaint of alleged violation of this By-law from a citizen or ratepayer of the Municipality of Bayham directly affected by the alleged violation. 20.13 This By-law maybe enforced by the Property Standards Officer on it's own initiative. 20.14 If an article of this By-law is for any reason held to be invalid,the remaining articles shall remain in effect until repealed. 20.15 Where a provision of this By-law conflict with the provisions of another By-law in force within the Municipality,the provisions that establish the higher standards to protect the health,safety and welfare of the general public shall prevail. 20.16 It is hereby declared that each and every of the foregoing provisions of the By-law is severable and that,if any provisions of this By-law should,for any reason,be declared invalid by any Court,it is the intention and desire of this Council that each and every of the remaining provisions hereof shall remain in full force and effect 20.17 And whereas By-law 4233 5 for the Township of Bayham,and By-law#94-22 for the Village of'Port Burwell,and By-law 4829 for the Village of Vienna are hereby repealed. 20.18 Where any Act or portion of any Act is referred to in this By-law,such reference shall be interpreted as referring to any subsequently renumbered sections of the Act,and/or 10 Yard Maintenance Fay-Law 'Municipality of Bayhmn changes to the date of the Act,and/or amendments or revisions to the Act,or re- enactments of the Act. 20.19 This By-law shall come into full force and effect as of the date of passing thereof READ a first,and second time this 21st day of February,2002. Mayor C erk READ a third time and finally passed this day of February,2002. Mayor Clerk 11 Yard Meinttnance BY-Law Municipality orBayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law 42002-9 Being a By-law to Provide for the Maintenance of Yards In a Cleats and Clear Condition ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Farm Wording Provision Creating Fine(Iocludes or Defining Offence Costa) 1 Fail to keep yard clean&clear of debris. Section 3.1 $105.00 2 Used land for dumping of debris. Section 3.2 $355.00 3 Dump/Deposit debris on private property. Section 3.4 $355.00 4 Dump/Deposit debris on municipal Section 3.5 $355.00 property. 5 Permit weeds/grasses to grow greater than Section 3.6 $125.00 6 inches/15 cm in height. 6 Fail to eliminate noxious weeds from yard. Section 3.7 105.00 7 Fail to keep yard free from dead,decayed& Section 3.8 $105.00 damaged trees. 8 Fail to keep sidewalk unobstructed. Section 3.9 $105.00 91 Fail to keep roadway unobstructed. Section 3.9 105.00 10 Fail to keep intersection.unobstructed. Section 3.10 $155.00 11 Fail to clear away collapsed structure. Section 3.11 $155.00 12 Fail to maintain sidewalk. Section 4.1 $105.00 13 Fail to maintain steps. Section 4.1 $105.00 14 Fail to maintain porch&veranda. Section 4.1 $105.00 15 Fail to maintain driveway. Section 4.2 $105.00 16 Fail to maintain parking area. Section 4.2 $105.00 17 Fail to maintain loading area. Section 4.2 $105.00 18 Fail to provide unobstructed access to utility Section 4.3 $105.00 meter. 19 Fail to clear away dirt,debris&litter. Section 4.4 $ 80.00 20 Fail to clear away snow&ice. Section 4.5 $ 80.00 21 Permit storage/parking of unlicensed motor Section 5.1 $125.00 vehicle on property. 22 Permit storage/parking of vehicle on Section 5.2 $125.00 property. 23 Fail to keep property clear&clean of Section 5.3 $125.00 machinery&materials. 24 Permit storage of vessel or parts thereof on Section 5.4 $125.00 property- 25 roperly25 Permit accumulation of waste material on Section 6.1 $125.00 property. 26 Fail to maintain proper outdoor storage on Section 6.2 $125.00 property- 27 roperty27 Fail to maintain safe outdoor storage on Section 6.2 $155.00 property. 28 Fail to provide enclosure for outdoor Section 6.3 $155.00 storage area. 29 Fail to provide sufficient garbage Section 7.1 $105.00 receptacle(s). 30 Fail to store garbage in receptacle. Section 7.2 $105.00 31 Fail to use outside garbage receptacle. Section 7.3 $105.00 32 Fail to keep garbage storage area rodent Section 7.4 $80.00 free. 33 Fail to keep garbage storage area insect free. Section 7.4 $80.00 NOTE- The penalty provision for the offences indicated above is Section 20.8 of lay-law 12002-9..a certified copy of which By-law has been filed. 12 Yard MabiftnanceBy-Law Municipality ofBayham THE CORPORATION OF THE MUNICIPALITY OF BAYIiAM SET FINE SCHEDULE PART 1 ,Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the!Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN 2- COLUMN 3:Set Short Form Wording Provision Creating Fine(neludes or Defining Offence Costs) 34 Cause container to overflow. Section 7.6 $80.00 35 Permit container to overflow. Section 7.6 80.00 36 Fail to keep building rodent/vermin free. Section 8 $55.00 37 Fail to keep fence in good repair. Section 9.1 $105.00 38 Fail to fence in fishpond. Section 9.2 $105.00 39 Fail to maintain retaining wall. Section 10 $155.00 40 Fail to maintain railings,handrails K Section 11 $105.00 guardrails. 41 Fail to keep accessory building in good Section 12.1 $105.00 repair. 42 Fail to anchor building. Section 12.2 $105.00 43 Fail to remove accessory building. Section 12.3 $105.00 44 Fail to maintain swimming pool. Section 13.1 l $105.00 45 Permit swimming pool to obstruct drainage. Section 13.2 $105.00 46 Permit swimming pool to drain onto Section 13.3 $105.00 adjacent property. 47 Fail to fence in swimming pool. Section 13.4 $105.00 48 Fail to provide self-latching device on Section 13.5 $105.00 swimming pool gate. 49 Fail to provide self-closing device on Section 13.5 $105.00 swimming pool gate. 50 Fail to provide sanitary disposal of sewage. Section 14.1 $155.00 51 Fail to provide sewage disposal system. Section 14.1 $155.00 52 Owner.fail to drain lands. Section 14.2 $105.00 53 Permit unauthorized connection into private Section 14.3 $155.00 drain. 54 Permit extraneous flow into private drain. Section 14.4 $155.00 55 Permit extraneous flow into sanitary sewage Section 14.4 $155.00 system. 56 Permit discharge of roof drainage on Section 14.5 $105.00 sidewalks. 57 Permit discharge of roof drainage on stairs. Section 14.5 $105.00 58 Permit discharge of roof drainage onto Section 14.5 $105.00 neighbouring property. 59 Fail to prevent ponding. Section 14.6 $105.00 60 Fail to prevent entrance of water into Section 14.6 $105.00 basement/cellar. 61 Fail to repair private drain. Section 14.7 $155.00 62 Fail to maintain sign. Section 15.1 $105.00 63 Fail to remove signn from property. Section 15.2 $105.00 64 Fail to store unused,uncared for sign within Section 15.2 $105.00 building. 65 Owner-Fail to comply with Property Section 20.5 $355.00 Standard's Order, 66 Occupant-Fail to comply with Property Section 20.6 $355.00 Standard's Order. NOTE: The penalty provision for the offences indleated above is Section 20.8 of Sy-law#2002-9,a certified copy of which By-law has been filed. 13 May 6,2002 [MAY 10 2002_ h4UNlC:l'PhJ CIY OF B AYiI" Ms.Carol Judd PER.......,_._..,.�..,........,,, Municipality of Baybam PO Box 160,9344 Plank Road StrafPordville ON NOJ 1 YO Dear Ms.Judd: Re: Set Fines-Provincial Offences Act—Part I By-law Number 2002-9,Municipality of Bayhum Enclosed herewith is a copy of an Order, and a copy of a schedule of set fines for the above referenced By-Law,the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court of Justice in St."Thomas,together with a certified copy of the By-iaw. Yours truly, Alexander M.Graham Regional Senior Justice West Region Enclosures ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART I IT I5 ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of,justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statues and Regulations thereunder and Municipal By-law No. 2002-9, of The Municipality of Bayham,attached hereto is the set fine including costs,for those offences. This Order is to take effect May 6,2002. Dated at London this 61h day of May,2002. Alexander M.Graham Regional Senior Justice West Region Yard Maintenance By-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET PINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN2: COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 1 Fail to keep yard clean&clear of debris. Section 3.1 $105.00 2 Used land for dumping of debris. Section 3.2 $355.00 3 Dump/Deposit debris on private property. Section 3.4 $355.00 4 Dump/Deposit debris on municipal Section 3.5 $355.00 property. 5 Permit weeds/grasses to grow greater than Section 3.6 $125.00 6 inches/15 cm in height. 6 Fail to eliminate noxious weeds from yard. Section 3.7 $105.00 7 Fail to keep yard free from dead,decayed& Section 3.8 $105.00 damaged trees. 8 Fail to keep sidewalk unobstructed. Section 39 $105.00 9 Fail to keep roadway unobstructed. Section 3.9 $105.00 10 Fail to keep intersection unobstructed. Section 3.10 $155.00 11 Fail to clear away collapsed structure. Section 3.11 $155.00 1.2 Fail to maintain sidewalk. Section 4.1 $105.00 13 Fail to maintain steps. Section 4.1 $105.00 14 Fail to maintain porch&veranda. Section 4.1 $105.00 15 Fail to maintain driveway. Section 4.2 $105.00 16 Fail to maintain parking area. Section 4.2 $105.00 17 Fail to maintain loading area. Section 4.2 $105.00 18 Fail to provide unobstructed access to utility Section 4.3 $I05.60 meter. 19 Fail to clear away dirt,debris&litter. Section 4.4 $80.00 20 Fail to clear away snow&ice. Section 4.5 $80.00 21 Permit storage/parkitng ofunlicenced motor Section 5.1 $125.00 vehicle on property. 22 Permit storage/parking of vehicle on Section 5.2 $125.00 Property. 23 Fail to keep property clear&clean of Section 5.3 $125.00 machinery&materials. 24 Permit storage of vessel or parts thereof on Section 5 A $125.00 property. 25 Permit accumulation of waste material on Section 6.1 $125.00 Property. 26 Fail to maintain proper outdoor storage on Section 6.2 $125.00 property, 27 Fail to maintain safe outdoor storage on Section 6.2 $155.00 property. 28 Fail to provide enclosure for outdoor Section 6.3 $155.00 storage area. 29 Fail to provide sufficient garbage Section 7.1 $105.00 receptacle(s). 30 Fail to store garbage in receptacle. Section 7.2 $105.00 31 Fail to use outside garbage receptacle. Section 7.3 105.00 32 Fail to keep garbage storage area rodent Section 7.4 $ 80.00 free. 33 j Fail to keep garbage storage area insect free. Section 7.4 $ 80.00 NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law 112002=-9,a certified copy ofwhich By-law has been filed. 12 Yard Maintenance Bylaw Municipaiily of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Form wording Provision Creating Fine(Includes or Defining Offence Costs) 34 Cause container to overflow. Section 7.6 $80.00 35 Permit container to overflow. Section 7.6 $80.00 36 Fail to keep building rodentivermin free, Section 8 55.00 37 Fail to keep fence in good repair. Section 9.1 $105.00 38 Fail to fence in fishpond. Section 9.2 $105.00 39 Fail to maintain retaining wall. Section 10 T155.00 40 Fail to maintain railings,handrails& Section 11 105.00 guardrails. 41 Fail to keep accessory building in good Section t2.1 $105.00 repair. 42 Fail to anchor building. Section 12,2 $105.00 43 Fail to remove accessory building. Section 12.3 $105.00 44 Fail to maintain swimming pool. Section 13.1 $105.00 45 Permit swimming pool to obstruct drainage. Section 13.2 $105.00 46 Permit swimming pool to drain onto Section 13.3 $105.00 adjacent property. 47 Fail to fence in swimming pool. Section 13.4 $105.00 48 Fail to provide self-latching device on Section 13.5 $105.00 swimming pool gate. 49 Fail to provide self-closing device on Section 13.5 $105.00 swimming pool gate. 50 Fail to provide sanitary disposal of sewage. Section 14,1 $155.00 51 Fail to provide sewage disposal system. Section 14.1 $155.00 52 Owner fail to drain lands. Section 14.2 $105.00 53 Permit unauthorized connection into private Section 14.3 $155.00 drain. 54 Permit extraneous flow into private drain. Section 14.4 $155.00 55 Permit extraneous flow into sanitary sewage Section 14.4 $155.00 system. 56 Permit discharge of roof drainage on Section 14.5 105.00 sidewalks. 57 Permit discharge of roof drainage on stairs. Section 14.5 $105.00 58 Permit discharge of roof drainage onto Section 14.5 $105.00 neighbouring property. 59 Fail to prevent ponding. Section 14.6 $105.00 60 Fail to prevent entrance of water into Section 14.6 105.00 basement/cellar. 61 Fail to repair private drain. Section 14.7 $155.00 62 Fail to maintain sign. Section 15.1 $105.00 63 Fail to remove sign from property. Section 15.2 $105.00 64 Fail to store unused,uneared for sign within Section 15.2 $105.00 building. 65 Owner-Fail to comply with Property Section 20.5 $355.00 Standard's Order. 66 Occupant-Fail to comply with Property Section 20.6 $355.00 Standard's Order. NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law#2002-9,a certified copy of which By-law has been filed. 13 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW#2004-017 A BY-LAW TO AMEND BY-LAW#2002-009,BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF YARDS WHEREAS the Corporation of the Municipality of Bayham did by By-law 42002-009 provide for the maintenance of yards; AND WHEREAS the Council of the.Corporation of the Municipality of Bayham now deems it necessary to amend the Yard Maintenance By-law#2002-009; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT By-law#2002-009 be amended by deleting the following clauses: 20.3 If,after affording any person served with a Notice provided for in Paragraph 20.2 an opportunity to appear before the Officer and to make representations in connection therewith,the Officer may make and serve or cause to be served upon or sent by prepaid registered mail to such person an Order containing: (a) the municipal address or legal description of such property; (b) reasonable particulars of the repairs to be effected or statement that the site is to be cleared of all buildings,structures,debris or refuse and left in a graded and level condition and the period in which there must be a compliance with the terms and condition of the Order and Notice that,if such repair or clearance is not completed with in the time specified in the Order,the municipality may carry out the repairs at the expense of the owner;and (c) the final date for giving Notice of appeal from the Order. 20.5 Every owner of the property shall comply with a Property Standards Order as confirmed or modified. 20.6 Every occupant of the property shall comply with a Property Standards Order as confirmed or modified. 20.9 Every person who fails to comply with an Order to conform to the provisions of this By-law is guilty of an offence and is liable to prosecution and penalty pursuant to the Provincial Offences Act, R.s'.O. 1990, a P. 33, as amended and any successor legislation thereto. By-law#2002-009,Set Fine Schedule,Items#65 and 66: 65 Owner—Fail to comply with Property Section 20.5 $355.00 Standard's Order. 66 Occupant-Fail to comply with Property Section 20.6 $355.00 Standard's Order. 2. THAT By-law 92002-009 be amended by amending the following clauses,to read as follows: 20.2 The Notice of Violation and Repair shall state: (a) that the property does not comply with the provisions prescribed by this By-law; (b) that after a certain date, specified in the Notice, the property will be subject to a re-inspection to ascertain compliance; (c) that, if after the specified re-inspection date, the property still does not comply to this By-law the Municipality shall exercise the remedies set out in this By-law; (d) that the Property Standards Officer and/or the Municipal Law Enforcement Officer may be contacted for the purposes of requesting 1 further information pertinent to the violations noted or to report what action is being or will be taken to affect compliance with this By-law. 20.3 If the Officer is unable to effect service under Paragraph#20.2,heJshe shall place a placard containing the terms of the Notice of Violation and. Repair in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Notice on the owner or other persons. 3. THAT By-Iaw#2002-009 be amended by adding the following clauses: 17.2 A Municipal Law Enforcement Officer designated to perform inspections pursuant to this By-law may at all reasonable times, enter onto land for the purposes of an inspection of the land. 17.3 Where it becomes necessary to proceed pursuant to Section#20 of this By-law, a Municipal Law Enforcement Officer may enter onto the lands with any person and the appropriate equipment as required to bring the property into compliance with this By-law. 19.4 Municipal Law Enforcement Officers shall be designated to act as assistants to the Property Standards Officer for the purpose of administration and enforcement of this By-law. 20.7 (d) Where any of the matters or things are removed in accordance with this By-law the matters or things may be immediately disposed of by the Chief Building Official,Property Standards Officer or designate. 20.9 (a) Each day such violation is committed,or permitted to continue,shall constitute a separate offence and may be punishable as such there under. Such fine shall be recoverable under the Provincial Offences Act. 20.9 (b) The Court in which the conviction has been entered,and any Court of competent jurisdiction thereafter,may make an order prohibiting the continuation or repetition of the offence by the person convicted,and such order shall be in addition to any other penalty imposed on the person convicted. 4. Effective Date: This By-law comes into force on the day it is passed. Read a first and second time this 19th day February 2004. Clerk: Lynda Millard Mayor: Acre Read a third and final time this day of February 2004. Clerk: Lynda Millard Mayor ynn Acre 2 THE CORPORATION OF THE MUNICIPALITY OF BAYRAM BY-LAW#2004-092 A BYLAW TO AMEND&ALLOW FOR THE GRANT OF EXEMPTION BY COUNCIL,UNDER BYLAW #2002-009,BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF YARDS WHEREAS the Corporation of the Municipality of Bayham did by By-law #2002-009 provide for the maintenance of yards; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend the Yard Maintenance By-law#2002-009; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT By-law#2002-009 be amended by amending the following clause to read as follows: 3.6 (a) No owner or occupant shall permit weeds and grasses on any yard to grow or stand greater than eight(8)inches 120.32 centimeters in height. (b) Notwithstanding Subsection 3.6(a),yards used for the purpose of agricultural crops at the time of passing of By-law No. 2002-009, and used for such purpose on a continuous (annual) basis, may be permitted by Council, in its sole discretion, to continue such use. At such time as the use for agricultural crops is discontinued(one year or greater), or the property is sold or transferred, such exemption shall terminate. The owner/occupant must make application in writing for such exemption, and shall provide such proof of use as required by Council. 2. Effective Date: This By-law comes into farce on the day it is passed. Read a first and second time this 4`h day November 2004. Clerk: Lynda Millard Mayo . Lynn Acre Read a third and final time this Al tk day of November 2004. Cla Millard Mayon Lynn Acre I THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2012-077 A BY-LAW TO AMEND BY-LAR'2002-009,BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF YARDS WHEREAS the corporation of the Municipality of Bayham did by By-law#2002-009 provide for the maintenance of yards; AND WHEREAS the Council of the Corporation of the Municipality of Bayharn now deems it necessary to amend the Yard Maintenance By-law#2002-009, as amended; NOW THEREFORE THE CORPORATION OF THE M[T:NIICIPALTY OF BAVHAM HEREBY ENACTS AS FOLLOWS: 1. That By-law 2002-009 as amended, be and the same is hereby further amended by adding the following clause after Section 3.6(b): 3.6(c) Notwithstanding Subsection 3.6(a) any growth which forms part of a natural garden deliberately maintained to produce ground cover, including one or more species of wildflowers, shrubs, trees,herbaceous plants ferns, grasses or combinations of the above, whether native or non-native, whether editable or non-edible, consistent with a managed and natural landscape shall be permitted. 3.6(d)notwithstanding Subsection 3.6(c),the following restrictions and setbacks shall be enforced in all urban areas as defined in Section 4 of the Official Plan of the Municipality of Bayham: I. a setback of 2 meters shall be provided from the edge of the traveled portion of a roadway where natural gardens exist in urban areas where growth can't exceed 20 cm in height 2. a setback up to 2 meters shall be provided from the edge of the traveled portion of a sidewalk where natural gardens exist in urban areas where growth can't exceed 20 cm.in height 3. no noxious weeds as defined in R.R.O. 1990,Regulation 1096 (Weed Control Act) shall be permitted in any natural gardens anywhere in Bayham 3.6(e)mature trees are exempt from Section 3.6(d) so long as the canopy of the tree when in bloom does not present a public hazard. 2. By-lave 2012-077 repeals By-law 2010-040 and comes into force the day it is passed. READ A FIRST,SECOND AND THIRD TIME and finally passed this 21"day of lune 2012. MA OR CL 4RK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2002 - 10 Being a By-law Prescribing Property Maintenance&Occupancy Standards WHEREAS Section 210 of the Municipal Act,R.S.Q. 1990,c.M.45,as amended, provides and authorizes the Council of local municipalities to pass by-laws prescribing minimum standards for the maintenance of property,which includes all buildings and structures,and occupancy within the Municipality of Bayham and for prohibiting the occupancy or use of such property that does not conform with the standards; and requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or for the site to be cleared of all buildings,structures, debris or refuse and left in graded and leveled condition; AND WHEREAS Section 220.1 of the Municipal Act,R.S.O. 1990,c.M 45,as amended by Section 10 of Schedule M of the Savings and Restructuring Act, 1996,provides that the Council may by by-law impose fees for services and activities provided ar done by or on behalf of The Corporation of Municipality of Bayham; AND WHEREAS Sections 1,6,12,60 and 61 of the Provincial Offences Act,R.S.O. 1990,as amended,provides that local municipalities can create a fine set by the Court for an offence,and other penalty provisions; AND WHEREAS Section 15.1 of the Building Cade Act,R.S.D. 1992,as amended, provides that the Council may pass a by-law with respect to prescribing standards for the maintenance and occupancy of property,and requiring property that does not conform with the standards to be repaired and maintained with the standards on the site to be cleared of all buildings,structures,debris or refuse and left in graded and leveled condition. AND WHEREAS the Official Plan for The Corporation of the Municipality of Bayham, pages on July 5,2001,as amended from time to time,includes provisions relating to conditions of maintenance and occupancy of properties; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance and occupancy of property,in order to enhance the quality of the community and neighborhoods,to protect the safety,health and well being of the public and to ensure the continued enjoyment of property for residents and property owners of the Municipality. NOW THEREFORE,the Council of The Corporation of the Municipality of Bayham enacts as follows: 1- GENERAL: 1.1 Short Title: This by-law may be cited as the"Property Standards By-law". 12 Application: This By-law shall apply to all property within the geographical boundaries of the former Township of Bayham,the former Village of Port Burwell,and the former Village of Vienna,now constituting the Municipality of Bayham. 1.3 Interpretation: 1.3.1 The captions and headings in this By-law are inserted for convenience only and do not define,limit or enlarge the scope,meaning or intent of any provision. 1.3.2 In this By-law words used in the present tense include the future tense,words in the masculine gender include the feminine gender and neuter gender,and the singular number includes the plural and the plural the singular. 1.3.3 In this By-law the word"shall"is mandatory and not discretionary. 1 PropeFty Maintcnance Owupancy Standards By-La Municipality of Bayh= 1.4 Standards: All standards hereitt are deemed to be the minimum standards for the promotion of the health,safety,comfort,convenience,and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 1.5 Non-Conformity: No property shall be used or occupied within the Municipality of Bayham except in conformity with the provisions of this By-law. 1.6 Repeal: By-law##2335 for the Township of Bayham,and By-law#94-22 for the Village of Port Burwell,and By-law#829 for the Village of Vienna are hereby repealed. 1.7 Application of Other Legislation: Nothing in this By-law shall relieve any person from any obligation to comply with the requirements of any other By-law or legislation or with the requirements to obtain any licence,permit,certificate,authority,approval,consent or variance otherwise required. 1.8 Validity: Should any section,clause or provision of this By-law be held by a Court of competent jurisdiction to be invalid,the validity of the remainder of the By-law shall not be affected. 1.9 Conflicting By-laws: Where any provision of this By-law conflicts with any provision of any ether By- law of the Corporation,the provisions(s)that establishes the higher standard of protection for the health,safety and welfare of the public shall prevail. 1.10 Conflict with the Building Code Act: This By-law shall be subject to the provisions of the Building Code Act,and where any provision of this By-law conflicts with or is inconsistent with the provisions of the Building Code Act,the provisions of the Act shall apply. L11 Responsibility of the Owner: The owner of every property shall: (a) comply with all of the standards prescribed in this By-law; (b) not permit any person to use or occupy any property owned by him/her unless such property conforms to the standards prescribed in this By-law; (c) comply with all lawful Orders of the Property Standards Officer,within such tinic and in such manner as specified therein. 1.12 Changes in Statues: Where any Act or portion of any Act is referred to in this By-law,such reference shall be interpreted as referring to any subsequently renumbered sections of the Act,and/or changes to the date of the Act,and/or amendments or revisions to the Act or re-enactments of the Act. 1.13 Effective Date: 'Phis By-law shall come into full force and effect as of the date of passing hereof. 2. DEFINITIONS: In this by-law, 2.1 "Accessory Building"means a detached building which is customarily incidental and subordinate to the main use of the lot,and which is not used or intended for use as human habitation. 2.2 "Approved"means (a) approved and accepted by the Chief Building Official of the Corporation of the Municipality of Bayham with respect to matters under the Building Code; (b) approved and accepted by the Chief Fire Official of the Corporation of the Municipality of Bayham with respect to matter under the Fire Code; 2 Property MaincenaacelOceupancy Standards By-Law Municipality of Bayhatn (c) approved and accepted by the Property Standards Officer with respect to the standards set out in this By-law. 2.3 "Basement'means that space of a building that is partly below grade, which has half or more of its height,measured from floor to ceiling above the average exterior finished grade. 2.4 "Bathroom"means a room containing at least a toilet and bathtub or shower,or two rooms,which contain in total at least one toilet and one bathtub or one shower. 2.5 "Bedroom"means a habitable room used for sleeping purposes. 2.6 `Buil"means any structure,whether temporary or permanent, designed,used or intended for sheltering any use of occupancy but shall not include a boundary wall,fence,travel trailer,camping trailer,truck camper,motor home or tent. 2.7 "Buildin Code"shall mean any and all regulations passed under the Building Code Act, 1992,S.O. 1992,c.23 and amendments thereto. 2.8 "Built-Up Area'shall mean the Village of Port Burwell,the Village of Vienna,the Hamlet of Stralfordville,the Hamlet of Richmond,the Harnlct of Eden,the Hamlet of Corinth,and that portion of the Hamlet of Calton which Lies within the Municipality,as defined in the Official Plan for The Municipality of Bayham,passed on July 5,2001,as amended from time to time. 29 "Cellar"means that space of a building that is partly or entirely below grade,which as more than half of its height,measured from floor to ceiling below the average exterior finished grade. 2.10 "Chief Building Official"means the Chief Building Official appointed in accordance with the provisions of the Building Code Act,and having jurisdiction for the enforcement thereof,or a designated representative. 2.11 "Clerk"means the Clerk of the Corporation of the Municipality of Bayham. 2.12 "Commercial Solid Waste or Grease Container"means a waste or grease disposal container placed on property within the territorial limits of the Municipality for the temporary storage of waste or grease. The containers shall be waterproof,leak proof and shall be covered at all times except when depositing waste herein or removing the contents thereof. 2.13 "Committee"means a Property Standards Committee established under Paragraph 5.20,of this By-law. 2.14 "Composting"shall mean the biological degradation or breakdown of organic material in a dark soil-like material called humus. 2.15 "Composting Container"shall mean the holding unit used to store yard, garden and household wastes for the purpose of composting. 2.16 "Corporation'shall mean The Corporation of the Municipality of Bayhain. 2.17 "Council"means the Council of The Corporation of the Municipality of Bayham. 2.18 "Dwelling"means a building any part of which is capable of being used for the purpose of human habitation and includes a building that would be or is capable of being used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 2.19 "Dwelling Unit'means one or more rooms located within a dwelling and used or capable of being used for human habitation by one or more persons. 220 "_Electrical Safety Code'means any and all regulations passed under the Power Corporation Act, R.S.O. 1990,c.P.18,and amendments thereto. 2.21 "Fire Code"means any and all regulations passed under the Fire Marshals Act,and amendments thereto. 2.22 "Fire Resistance Raiing"means time in hours thereof that a material construction or assembly will withstand fire exposure,as dctermined in a fire test made in conformity with generally accepted standards,or as determined by extension or interpretation of information derived there from. 2.23 "First Storey"or"First Floor"means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres(6 feet) above grade. 3 Property Mainicnaned0ocupaacy Standards By-Law Municipality of Bayham 2.24 "Guard"means a protective barrier installed around openings in floor areas or on the open sides of a stairway,a landing,a balcony,a mezzanine, a gallery,a raised walkway,and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through it_ 2.25 "Habitable Roam"means any room in a dwelling unit used or capable of being used for living,sleeping,cooking or eating purposes. 2.2$ "Hard Surfaced"means a stable,dust free surface constructed of concrete, paving stone,natural or artificial stone,asphalt or crushed stone treated with emulsified asphalt or other appropriate material. 2.27 "Inspectors"means Property Standards Officer,or any person designated to assist the Property Standards Officer in the administration and enforcement of this By-law. 2.28 "Landscaped Open Space"means the area of a lot which is used for the growth and maintenance of grass,flowers,shrubbery and other landscaping materials,both natural and artificial and includes any surfaced walk,patio or similar area,but does not include any access driveway or ramp,parking lot,deck or any open space beneath or within any building or structure. 2.29 "Last Known Address"means the address,which appears on the most recent assessment roll of The Corporation of the Municipality of Bayham. 2.30 "Lot"means a parcel of land,described in a registered deed or other document legally capable of conveying land,or shown as a lot or block on a registered plan of subdivision,including any of its parts which are subject to right-of-way or easement,but does not include a lot or a block deemed not to be a registered plan of subdivision under a by-law duly passed pursuant to the Planning fl et R.S.Q 1990, c.P. 13,as amended. 2.31 "Means of Egress"means a continuous,unobstructed path of travel provided by a doorway,hallway,corridor,exterior passage way,balcony, lobby,stair,ramp,or other exit facility used for the escape of persons from any pint within a building,a floor area,a room,or a contained open space to a public thoroughfare or an approved area of refuge usually located outside the building. 2.32 "Medical Officer of I Iealth"means the Medical Officer of Health having jurisdiction within the territorial limits of the geographical area of the Municipality of Bayham. 2.33 "Mobile Horne"means a building designed and constructed in accordance with the specifications of the Canadian Standards Association(CAN/CSA —L244)to be transported either on its own wheels or on detachable wheels and which is suitable for occupancy as a dwelling unit except for minor assembly operations and connection to utilities. 2.34 "Multiple Dwellings"means a building containing three(3)or more dwelling units. 2.35 "Municipality'means the geographical area of "The Corporation of the Municipality of Bayham". 2.36 `bion-Habitable Room"means any room in a dwelling or dwelling unit other than a habitable room,and includes bathroom,toilet room,laundry, pantry,lobby,communicating corridor,stairway,closet,cellar,boiler room or other space for service and maintenance of the dwelling for public use,and for access to and vertical travel between storeys. 2.37 "Non-Residential Property"means any property or use of property designated,intended or used for any purpose other than those of a dwelling. 2.38 "Nuisance''shall mean any use or condition,which interferes with the normal enjoyment of any use of any neighboring use of land,building or structure. 2.39 "Occupant"means any person or persons over the age of eighteen years in possession of the property. 2.40 "Offence"as found within s.1(1)of the Provincial Offences flet,R.S.O. 1990, means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature. 2.41 "Officer"means a By-law Enforcement Officer appointed by the Council of the Municipality of Bayham. 4 Ptopetty M"-Aa ocelOccupancy Standards By-Law Municipality of Ba}ham 2.42 "Official Plan"Means the Official Plan for The Municipality of Bayham, passed on July 5,2001,as amended from time to time. 2.43 "Outside Storage"means in relation to non-residential properties,the storage of goods in the open air and in unenclosed portions of buildings, which are open to the air on the sides. 2.44 "Owner"means an owner,lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham,and "Owner"shall also include the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his or her own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let,and shall receive the rent if such land and premises were let,and shall also include a lessee or occupant of the property who,under the terms of a lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property- 2.45 roperty2.45 "Person"means any person,corporation,or director of a corporation. 2.46 "Private Drain"means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows,such as storm drainage,roof water,surface and ground waters are not to be intentionally admitted. 2.47 "Property"means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes,mobile buildings,mobile structures,accessory buildings,fences and erections thereon,whether heretofore or hereafter erected,and includes vacant property. 2.48 "Repair'includes the provision of such facilities and the making of additions or alternation or the taking of such action as may be required so that the property shall conform to the standards established in this By-law. All repairs shall be made in conformity with the Ontario Building Code and all other applicable laws,codes and regulations_ 2.49 "Residential Property"means any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals,and includes any lands or buildings that are appurtenant to such establishment and all stairways,walkways,driveways, parking spaces,and fences associated with the dwelling or its yard,and further includes vacant land. 2.50 "Returnable Receptacle"means a receptacle manufactured for the purpose of storing garbage or refuse,constructed of materials which has an equivalent durability to No.28 gauge metal and having a height not exceeding 100 cm,a diameter not exceeding 50 cm,a weight including contents,not exceeding 35 kg,a water tight lid and two handles. 2.51 "Rubbish"means any waste material,debris,refuse,litter or articles of trash. 2.52 "Safe Temperature"means a temperature on any inflammable surface, adjacent to a source of heat,which surface is too hot for comfort when touched by the hand when any such source of heat has been producing heat continuously for a minimum of two hours. 2.53 "Set Fine"means that amount of the fine set by the Chief Judge of the Ontario Court(Provincial Division)for an offence for the purpose of proceedings commenced under Part 1 or Part 11. 2.54 "Sewage"means any liquid waste containiuwg animal,vegetable or mineral matter in suspension or solution,but does not include roof water or other storm runoff. 2.55 "Sewage System"means the Municipal sanitary sewage system or a private sewerage disposal system approved under the Environmental Protection Act, R.S.O. 1990, e.E.19,and regulations there under. 2.56 "Standards"means the standards of the physical condition and of the occupancy prescribed for property by this By-law. All standards herein are deemed to be the minimum standards for the promotion of the health, safely,comfort,convenience,and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 5 Property Maim maWOecupanc)St&idards By-Law Municipality of Bayham 2.57 "Structure"means anything constructed or erected,the use of which requires location on or in the ground,or attached to something having location on the ground,and,without limited the generality of the foregoing,includes walls,fences,signs,and billboards. 2.58 "Temporary Storage"means a period of time between the normally scheduled collections of waste material but not to exceed thirty(30)days. 2.59 "Toilet Room"means a room containing a water closet and wash basin. 2.60 "Vessel"means any form of marine transportation for humans, commodities or goods and designed to be propelled by any means including but not limited to internal combustion engines,steam,electric, muscular or natural power. 2.61 "Waste Material"means any article thing,matter or effluent that appears to have been cast aside or discarded or abandoned or discharged whether of any value or not,or appears to be used up in whole or in part,or expanded or worn out in whole,or in part. Without restricting the generality of the definition set forth above,"Waste Material"may specifically include: (a) garbage,refuse,debris,litter,grass clippings,tree and garden cuttings,brush and leaves; (b) containers including,but not limited to crockery,dishes,glassware,bottles,plastic and metal; (c) paper,cardhoard,cloth,plastic,or synthetics; (d) weighty or bulky materials such as stoves,refrigerators and other such appliances, furniture,furnace parts,pipes,water or fuel tanks,wooden or metal signs or palettes; (e) a motor vehicle or other vehicle which is not operative,a motor vehicle which is not currently Iicensed pursuant to the provisions of the Highway Traffic Act,discarded motor vehicle to other vehicle,automotive parts,vehicle parts and accessories, mechanical equipment,mechanical parts,unmounted tires,tires mounted on rims, accessories or adjuncts to the motor vehicle or other vehicle and mechanical equipment; (f) a vessel,which is not operative,discarded vessel,unsound or unseaworthy vessel, vessel parts and accessories,mechanical equipment,mechanical parts,accessories or adjuncts to the vessel and mechanical equipment; (g) broken concrete(other than for shore protection),asphalt pavement,patio/sidewalk slabs,surplus building materials whether new or used; (h) material resulting from or as part of construction,alteration,repair or demolition or any building or structure; (i) rubble,inert fill,fencing materials; (j} a]I waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food,except any material of vegetable origin placed in a composting container; (k) any liquid containing chemicals or solids either dissolved or in suspension. 2.62 "Zoning By-law"tneans,in relation to the former Township of Bayham, By-law#2387,as amended; in relation to the former Village of Port Burwell,By-law 491-03,as amended; and in relation to the former Village of Vienna,By-law#90-12,as amended. 3. RESEDENTIAI,STANDARDS: GENERAL CONDITIONS: 3.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable. 3.2 The yards of residential property shall be maintained to the standards as described in the Yard Maintenance By-law#2002-9. 3.3 Every tenant,or occupant or lessee of a residential property and/or building shall maintain the property or part thereof,which they occupy or control,in a clean, sanitary and safe condition and shall dispose of garbage and debris on a regular basis,in accordance with Municipal By-laws. 6 Property MaintenanedOccupancy standards By-Law Municipality ofBayhant 3.4 Every tenant,or occupant or lessee of a residential property shall maintain every floor,wall,ceiling and fixture,under their control,including hallways,entrances, laundry rooms,utility rooms,and other common areas,in a clean,sanitary and safe condition. 3.5 Accumulation or storage of garbage,refuse,appliances,or furniture in public hallways or stairways shall not be permitted. 3.6 The number of occupants,residing on a permanent basis in an individual dwelling unit,shall not exceed one person for every nine(9)square meters of habitable floor area. For the purpose of computing habitable floor area any area with the minimum ceiling height less than 2.1 meters shall not be considered as habitable. 3.7 No room shall be used for sleeping purposes unless it has a minimum width of two(2)meters and a floor area of at least seven (7)square meters. A room used for sleeping purposes by two(2)or more persons shall have a floor area of at least four(4)square meters per person. 3.8 Any basement,or portion thereof,used as a dwelling unit shall conform to the following requirements: (a) each habitable room shall comply with all the requirements set out in this By-law; (b) floors and walls shall be constructed so as to be damp proof and impervious to water leakage; (c) each habitable room shall be separated from the fuel fired heating unit or other similarly hazardous equipment by a suitable fire separation and approved under the Ontario Building Code; (d) access to each habitable room shall be gained without passage through a furnace room, boiler room,or storage room. PEST PREVENTION 3.9 Dwellings shall be kept free of rodents,vermin and insects at all times. Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act, R.S a. 1990, c.P. 11, as amended. 3.10 Openings,including windows,that might permit the entry of rodents,insects, vermin or other pests shall be appropriately screened or sealed. STRUCTURAL SOUNDNESS 3.11 Every part of a dwelling shall be maintained in a structurally sound conditions so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use,having a factor of safety required by the Ontario building Code. 3.12 Walls,roofs,and other exterior parts of a building shall be free from loose or improperly secured objects or materials. FOUNDATIONS 3.13 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects,rodents and excessive moisture. Maintenance includes the shoring of the walls to prevent settling,installing sub soil drains,when necessary,at the footings,grouting masonry cracks,waterproofing walls,joints,and floors. 3.14 Every dwelling,except for slab on grade construction,shall be supported by foundation walls or piers,which extend below the fiost line,or to solid rock. 7 Pml"MainicnancedOccupancy Standards By-Law lllunicipa3ity of Bayhoin EXTERIOR WALLS 3.15 Exterior walls of a dwelling and their components,including soffits,fascia,shall be maintained in good repair free from cracked,broken or loose masonry units, stucco,and other defective cladding,or trim. Pain or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions,insects or other damage. 3.16 Exterior walls of a dwelling and their components shall be free of inappropriate signs,painted slogans,graffiti and similar defacements. WINDOWS AND DOORS 3.17 Windows,doors,skylights,and basement or cellar hatchways shall be maintained in good repair,weather tight and reasonably draught-free,to prevent heat loss and infiltration by the elements. Maintenance includes painting,replacing damaged doors,frames and other components,window frames,sashes and casings, replacement of non-serviceable hardware and re-glazing where necessary.Where screening is provided on windows and doors it shall also be maintained in good repair. 3.18 In a dwelling unit all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. At least one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit. 3.19 Solid core doors shall be provided for all entrances to dwellings and dwelling units. 3.20 In residential buildings where there is a voice communication unit working in conjunction with a security locking and release system controlling a particular entrance door and installed between individual dwelling units and a secured entrance area,the said system shall be maintained in good working order at all times. 3,21 Every window in a leased dwelling unit that is located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would permit the passage of a 100 mm diameter(3.9 inches)sphere. Such safety device shall not prevent the window from being fully opened during an emergency situation by an adult without the use of tools. ROOFS 3.22 Roofs of dwellings and their components shall be maintained in a weather tight condition,free from loose or unsecured objects or materials. 3.23 Accumulations of ice or snow or both shall be promptly removed from the roofs of dwellings and accessory buildings. 3.24 Where eavestroughing,roof gutters,are provided it shall be kept in good repair, free from obstructions and properly secured to the building. WALLS,CEILINGS AND FLOORS 3.25 Every wall,ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes,cracks,loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water. 8 Property MaintenanWOccupancy Standants By-Law Municipality of Bayham 3.26 Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose,warped,protruding,broken,or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects. 3.27 Every floor in a bathroom,toilet room,kitchen,shower room,laundry room and kitchen shall be maintained so as to be impervious to water and readily cleaned. STAIRS,PORCI4F.S AND BALCONIES 3.28 Inside and outside stairs,porches,balconies and landings shall be maintained so as to be free of holes,cracks,and other defects,which may constitute accident hazards. Existing stair treads or risers that show excessive war or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. GUARDRAIL AND BALUSTRADES 3.29 A balustrade shall be installed and maintained in good repair on the open side of any stairway or ramp containing three(3)or more risers including the landing or a height of 600 mm(24"). 3.30 A handrail shall be installed and maintained in good repair in all stairwells. 3.31 Guardrails shall be installed and maintained in good repair around all landings, porches, and balconies. 3.32 Guardrails,balustrades and handrails shall be constructed and maintained rigid in nature. 3.33 Every dwelling shall contain,a kitchen area equipped with. (a) a sink that is served with hot and cold running water and is surrounded by surfaces impervious to grease and water; (b) suitable storage area of not less than 0.23 cubic meters(8 cubic feet); (c) a counter or work area at least 6.61 m(2 feet)in width by 1.22 in(4 feet)in length, exclusive ufthe sink,and covered with a material that is imperious to moisture and grease and is easily cleanable;and (d) a space provided for cooking and refrigeration appliances including the suitable electrical or gas connections. 'T'OILE'T'AND BATHROOM FACILITIES 3.34 Every dwelling unit shall contain a bathroom consisting of at least one fully operational water closet,wash basin,and a bathtub or suitable shower unit. Every wash basin and bathtub or shower shall have an adequate supply of hot and cold running water. Every water closet shall have a suitable supply of nwrting water. 3.35 Every required bathroom or toilet room shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the persons using said room.. 3.36 Where toilet or bathroom facilities are shared by occupants of residential accommodation,other than self-contained dwelling units,an appropriate entrance shall be provided from a common passageway,hallway,corridor or other common space to the room or rooms containing the said facilities. PLUMBING 3.37 Every dwelling unit shall contain at least one water closet,one wash basin,a bathtub or shower,and one kitchen sink. All appropriate plumbing fixtures 9 Property MaintenweeDmupancy Standards By-l-aw Municipality of Bayh= shall be provided with an adequate supply of hot and cold running water_ Hot water shall be supplied at a temperature of not less than 43 degrees Celsius(110 degrees F). 3.38 Every dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health. 3.39 All plumbing,including drains,water supply pipes,water closets and other plumbing fixtures hall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances there to shall be protected from freezing. 3.40 All plumbing fixtures shall be connected to the sewerage system through water seal traps. 3.41 Every fixture shall be of such materials,construction and design as will ensure that the exposed surface of all parts are hard,smooth,impervious to hot and cold water,readily accessible for cleansing and free from blemishes,cracks,stains,or other interstices that may harbour germs or impede thorough cleansing. ELECTRICAL SERVICE 3.42 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 3.43 The electrical wiring,fixtures,switches,receptacles,and appliances located or used in dwellings,dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards- All electrical services shall conform to the regulations established by the Power Corporations Act,R.S Q, 1990,c.P.1 8 as amended. 3.44 Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 11.1 square meter(120 square feet)of floor space and for each additional 9.3 square meters(100 square feet)of floor area a second duplex outlet shall be provided. Extension cords shall not be used on a permanent basis. 3.45 Every bathroom,toilet room,kitchen,laundry room,furnace room,basement cellar and non-habitable work or storage room shall be provided with a permanent light fixture. 3.46 Lighting fixtures and appliances installed throughout a dwelling unit,including stairways,corridors,passage ways,garages and basements,shall provide sufficient illumination so as to avoid health or accident hazards in normal use. BEATING,BEATING SYSTEMS,CHIMNEYS AND VENTS 3.47 Every dwelling and building containing a residential dwelling unit shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius(70 degrees F.)in the occupied dwelling units. The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling units to the required standard. 3.48 All fuel bunting appliances,equipment,and accessories in a dwelling shall be installed and maintained to the standards provided by the Energy Act,as amended or other applicable legislation. 3.49 Where a heating system or part thereof that requires solid or liquid fuel to operate a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as to be free Gam lire or accident hazard. 10 Property MaintcnanceMkccupancy Standards 13y-Law Municipality of Bayharn 3.50 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke,fumes,and gases from that part of the dwelling,which is not used,designed or intended to be used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Ontario Building Code- 3.51 ode_3.5l All fuel burning appliances,equipment,and accessories,in a dwelling shall be properly vented o the outside air by means of a smoke-pipe,vent pipe,chimney flue or other approved method- 3-52 Every chimney,smoke-pipe,flue and vent shall be installed and maintained in good repair so as to prevent the escape of stroke,fumes or gases from entering a dwelling unit. Maintenance includes the removal of all obstructions,sealing open joints,and the repair of loose or broken masonry units. 3.53 Every chimney,smoke-pipe,flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. FIRE ESCAPES,ALARMS AND DETECTORS 3.54 Smoke alarms conforming to the Canadian Standards Association or Underwriters Laboratories of Canada(CAN'IULC-5531)"Standard for Smoke Alarms"shall be installed in each dwelling and dwelling unit and in each sleeping room not within a dwelling unit. 3.55 Where a solid fuel-fired combustion appliance is installed,a carbon monoxide detector shalt be installed in conformance with the fallowing: (a) A carbon monoxide detector conforming with the Canadian Standards Association (CAN/CGA-6.19)"Residential Carbon Monoxide Detectors"or Underwriters Laboratories of Canada(UL 2034)"Single and Multiple Station Carbon Monoxide Detectors"shall be installed on or near the ceiling in each room in which there is installed a solid fuel-burning appliance. (b) The carbon monoxide detector shall be permanently connected to an electrical circuit and shall have no disconnect switch between the over current device and the carbon monoxide detector. (c) The carbon monoxide detector shall be wired so that its activation will activate the smoke alarm system or be equipped with an alarm that is audible within bedrooms when the intervening doors are closed. 3.56 A listed fire alarm and a fire detection system,approved by the Canadian Standards Association or Underwriters Laboratories of Canada,shall be provided by the owners of buildings of residential occupancies where sleeping accommodations are provided for more than ten(10)persons except that such systems need not be provided where a public corridor or exit serves not more than four dwelling units or individual leased sleeping rooms. 3.57 In addition to the provisions of paragraph 3.52 hereof,in every dwelling unit in a building,a listed products of combustion detector,approved by the Canadian Standards Association or Underwriters Laboratories of Canada,or detectors of the single station alarm type,audible within bedrooms when intervening doors are closed,shall be installed by the occupant between bedrooms or the sleeping area and the remainder of the dwelling unit,such as in a hallway or corridor serving such bedrooms or sleeping area. The products of combustion detector referred to shall: (a) be equipped with visual or audio indication that they are in operating condition; (b) be mounted on the ceiling or on the wall between 152.4 and 304.8 mm (6 to 12 inches) below the ceiling. 3.58 Buildings using a fire escape as a secondary means of egress shall have the escape in good condition,free from obstructions and easily reached through an openable window or door. 11 Property Ma nlennrrJOccuPnncy Standards Hy-Law Municipality of Rayham EGRESS 3.59 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at strcet or grade level. 3.60 Each dwelling containing more than one dwelling unit shall have at least two exits,both of which may be common or the one of which may be common and the other may be an exterior stair or fire escape. Access to the stairs or fire escape shall be from corridors through doors at floor level,except access lkom a dwelling unit may be through a vertically mounted casement window having an unobstructed opening of not less than 1.067 by 0.558 meters,(42 x 22 inches) with a sill height of not more that 0.914 metres,(36 inches),above the inside floor. A single exit is permitted from a dwelling unit where the path of egress is through an exterior door located at or near ground level and access to such exit is not through a room not under the immediate control of the occupants of the dwelling unit, NATURAL LIGHT 3.61 Every habitable room except a kitchen,bathroom or toilet room shall have a window or windows,skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light equal to not less than ten (10%)percent of the floor area for living and dining rooms and five(51/o) percent of the floor area for bedrooms and other finished rooms. VENTILATION 3.62 Every habitable room in a dwelling unit-,including kitchens,bathrooms or toilet rooms,shall have openings for ventilation providing an unobstructed free flow of air of a least 0.28 square meters(3 square feet),or an approved system of mechanical ventilation such that provide hourly air exchanges. 3.63 All system of mechanical ventilation shall be maintained in good working order. 3.64 All enclosed areas including basements,cellars,crawl spaces and attics or roof spaces shall be adequately ventilated. ELEVATING DEVICES 3.65 Elevators and other elevating devices including all mechanical electrical equipment,lighting fixtures,lamps,control buttons,floor indicators,ventilation fans,and emergency communication systems shall be operational and maintained in good condition. 12 Property Maintenaned0ecupaacy standards By-Law Manicipality of Haybam 4. NON-RESIDENTIAL PROPERTY STANDARDS: GENERAL CONDITIONS: 4.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable. 4.2 The yards of non-residential property shall be maintained to the standards as described in the Yard Maintenance By-law 42002-9. 4.3 The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall conform with the municipal zoning by-laws. 4.4 The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall he maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unobstructed access for emergency vehicles. Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view,the offensive area shall be suitably enclosed by a solid wall or a painted board or metal fence not less than 1.8 meters(6 feet)in height and maintained in good repair. PARKING AREAS AND DRIVEWAYS 4.5 All areas used for vehicular traffic and parking shall have a surface covering of asphalt,concrete,or compacted stone or gravel and shall be kept in good repair free of dirt and litter. Notwithstanding the foregoing,non-residential properties, which abut residential properties,all areas used for vehicular traffic and parking shall have a surface covering of asphalt,or similar hard surface. 4.6 All areas used for vehicular traffic,parking spaces and other similar areas shall be maintained so as to afford safe passage:under normal use and weather conditions. STRUCTURAL SOUNDNESS 4.7 Every part of a building structure shall be maintained in a sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use,having a factor of safety required by the Ontario Building Code. Structural members or materials that have been damaged or indicate evidence of deterioration shall be repaired or replaced. 4.8 Walls,roofs and other exterior parts of a building or structure shall be free from loose or improperly securer]objects or materials. EXTERIOR WALLS 4.9 Exterior walls of a building or a structure and their components,including soffits, fascia,window and doors,shall be maintained in good repair free from cracked, broken or loose masonry units,stucco,and other defective cladding,or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions,insects or other damage. 4.10 Exterior walls of a building or a structure and their components,shall be free of inappropriate signs,painted slogans,graffiti and similar defacements. 13 Property Maintenance/Ocrupmey Standards By-law Municipality of Bayham GUARDRAILS AND BALUSTRADES 4.11 A balustrade shall be installed and maintained in good repair on the open side of any stairway or ramp containing three(3)or more risers including the landing or a height of 600 mm(24 inches). A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings,mezzanines and similar areas. Guardrails,balustrades and handrails shall be constructed and maintained rigid in nature. LIGHTING 4.12 All non-residential establishments shall install and maintain sufficient windows, skylights,and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act for industrial and commercial properties. However lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties. 5. ADNUNISTRATION AND ENFORCEMENT: 5.1 This By-law shall apply to all property within the limits of the municipaLity. 5.2 The imperial measurements contained in this By-law are given for reference only. 5.3 The Council of the Municipality shall appoint a Property Standards Officer(s) responsible for the administration and enforcement of this By-law. 5.4 The Chief Building Official shall be appointed a Property Standards Officer for the purpose of the administration and enforcement of this By-law. 5.5 The Property Standards Officer may,from time to time,designate other persons to act as his assistant in the administration and enforcement of this By-law. 5.6 This By-law shall be enforced by the Property Standards Officer,upon receipt of a written and signed complaint of alleged violation of this By-law from a citizen or rate payer of the Municipality of Bayham directly affected by the alleged violation. 5.7 An Officer or any person acting under his/her instructions may at reasonable times and on producing proper identification,enter and inspect any property. 5.8 An Officer or any person acting under his/her instructions shall not enter any room or place actually used as a dwelling without he consent of the occupier except under the authority of Search Warrant issued under Section 158 of the Provincial Offences Act,as amended from time to time. RESPONSIBILITY OF OCCUPANT AND OWNER 5.9 The occupant of the property shall,in respect of that part of any property which he or she occupies and controls,comply with all of the standards prescribed in this By-law. 5.10 The owner of every property shall: i) comply with all ofthe standards prescribed in this By-law; ii) not permit any person to use or oecupy any property owned by him or her unless such property conforms to the standards prescribed in this By-law; iii) comply with all lawful orders of a Property Standards Officer,within such time and in such manner as specified therein. 14 Property MaiptcnancdlOceiipancy Standards By-lsw Municipality of Bayham NOTICE OF NON-COMPLIANCE 5.11 If,after an inspection the officer is satisfied that in some respect,the property does not conform to the standards prescribed in this By-law he/she shall serve or cause to be served by pre-paid registered mail or by personal service to the owner(s)of the property as shown by the Municipal Tax Assessment Rolls and/or the records of the Land Registry Office,and the Sheriff's Office, a Notice of Non-Compliance and may at the same time provide all occupants of the property with a copy of such Notice. 5.12 If the Officer is unable to effect service under Paragraph 5.11,he/she shall place a placard containing the terms of the Notice of Non-Compliance in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Notice on the owner or other persons. 5.13 The Notice shall state: (a) that the property does not comply with the standards prescribed by this By-law and shall specify the standards with which the property does not comply; (b) that after a certain date,specified in the Notice,the property will be subject to a re- inspection to ascertain compliance; (c) that,if atter the specified re-inspection date,the property still does not comply to the prescribed Standards,an Order will be issued by the Officer under'paragraph 5.14 of this By-law;and (d) that the Officer may be contacted for the purpose of requesting further information and advice pertinent to the violations noted or reporting what action is being or will be taken to affect compliance with this By-law. ORDER TO REMEDY VIOLATIONS OF NON-COMFLIAlNCE 5.14 If,after affording any person served with a Notice of Non-Compliance provided for in Paragraph 5.11, an opportunity to appear before the Property Standards Officer and to make representations in connection therewith,the Officer shall serve or cause to be served by pre-paid registered mail or by personal service to the owner(s)ofthe property as shown by the records of the Land Registry Office, and the Sheriff's Office,an Order containing: (a) the municipal address or legal description of such property,- (b) roperty;(b) reasonable particulars of the repairs to be effected or statement that the site is to be cleared of all buildings,structures,debris or refuse and left in a graded and level. condition; (c) the period in which there must be a compliance with the terms and conditions of the Order; (d) notice that,if such repair or clearance is not completed within the time specified in the Order,the Municipality may carry out the repairs at the expense of the owner,and (e) the final date for giving Notice of Appeal from the Order. 5.15 If the Officer is unable to effect service under Paragraphs 5.14,he/she 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 as sufficient service of the Order on the owner or other persons. 5.16 Every owner of the property shall comply with a Property Standards Order as confirmed or modified. 5.17 Every occupant of the property shall comply with a Property Standards Order as confirmed or modified. REGISTRATION&.DISCHARGE OF ORDER 5.18 An Order made under Paragraph 5.14 may be registered in the proper Land Registry Office and,upon such registration,any person acquiring an interest in the land subsequent to the registration of the Order shall be deemed to have been served 15 property MaiatensncclOecupancy Standards Lay-Law Municipality of Bayham 5.19 When the requirements of the Order have been satisfied,the Clerk of the Municipality may,or on the request of the owner and upon receipt of the fees set out in Appendix"A",shall register in the proper Land Registry Office a Certificate of Compliance that such requirements have been satisfied,which Certificate of Compliance shall operate as a discharge of the Order. PROPERTY STANDARDS CO1VMUTTEE 5.20 There shall be and is hereby established a Property Standards Committee consisting;of no fewer than three(3)members,who shall be rate payers in the Municipality,appointed by By-law to hold office respectively so that as nearly as possible,one third of such members shall retire each year. 5.21 When the owner or occupant upon whom an Order has been served in accordance with Paragraph 5.14 is not satisfied with the terms or conditions of the Order, he/she may appeal to the Committee by sending a Notice of Appeal by registered trail to the Secretary of the Committee,within fourteen(14)days after service of the Order. In the event that no appeal is taken the Order shall be deemed to have been confirmed. 5.22 Where an appeal has been taken,the Committee shall hear the appeal and shall have all the authority and functions of the Officer and may confirm,modify,or quash the Order,or may extend the time period for compliance provided that,in the opinion of the Committee,the general intent of the By-law and of the Official Plan or policy statement are maintained. APPEAL TO A.IUDGE 5.23 The Municipality in which the property is situated,the Property Standards Officer, or any owner or occupant or person affected by a decision rendered by the Property Standards Committee may appeal to a Judge of the Superior Court of Justice by so notifying the Clerk ofthc Corporation in writing and by applying for an appointment within fourteen(14)days after the sending of a copy of the Decision/Order of the Property Standards Committee. 5.24 The Judge shall,in writing,appoint a day,time and place for the hearing of the appeal and in the appointment may direct that it shall be served upon such persons and in such manner as he or she prescribes. 5.25 The appointment shall be served in the manner prescribed by the Judge. 5.26 The Judge on such appeal has the same powers and functions as the Property Standards Committee. PENALTY 5.27 No owner or occupant of property shall fail to comply with a Property Standards Order as confirmed or modified. Should the owner or occupant fail to demolish or repair the property in accordance with an Order as confirmed or modified,the Municipality in addition to other remedies, (a) shall have the right to demolish or repair the property accordingly and for this purpose with its servants and agent from time to time to enter in and upon the property;and (b) shall not be liable to compensate such owner,occupant or another person having interest in the property by reason of anything done by or on behalf of the Municipality under the provisions of this article; (c) may cause a prosecution to be brought against any person who is in breach of such an Order and upon conviction such person shall forfeit and pay at the discretion of the convicting Provincial Judge or Justice of the Peace acting within his/her territorial jurisdiction,a penalty of not more than Two Thousand Dollars($2,000.00)for the first offence and not more than Ten Thousand Dollars($10,000.00)for any subsequent offence,and if a corporation is convicted,the maximum penalty shall be not more than 16 Property MaintcnimcdOccupancy Standards By-Law Municipality of Baylhant Ten Thousand Dollars($10,000.00)for the first offence and Fifty Thousand Dollars ($50,000.00)for any subsequent offence; (d) have the right to recover from the owner of the property any amount expended by or on behalf of the Municipality of Bayham under the authority of this section and such amounts may be collected in like manner as municipal taxes. 5.28 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act,as amended and any successor legislation thereto. 5.29 Every person who fails to comply with an Order made under this By-law,as confirmed or modified,is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act. CER'pWICATE OF COMPLIANCE. 5.30 Following the inspection of a property and the service of a Notice of Non-Compliance,the Property Standards Officer may,or at the request of the owner,shall issue to the owner a Certificate of Compliance,if in the Officer's opinion,the property is in compliance with this By-law. 5.31 A fee as set out in Appendix"A",shall be payable to the Municipality prior to the issuance of a Certificate of Compliance,where it is issued at the request of or on behalf of the owner. VALIDITY 5.32 If an article of this By-law is for any reason held to be invalid,the remaining articles shall remain in effect until repealed. 5.33 Where a provision of this By-law conflicts with the provision of another By-law in force within the Municipality,the provisions that establish the higher standards to protect the health,safety and welfare of the general public shall prevail. 5.34 It is hereby declared that each and every of the foregoing provisions of the By- law is servable and that,if any provisions of this By-law should,for any reason, be declared invalid by any Court,it is the intention and desire of this Council that each and every of the remaining provisions hereof shall remain in full force and effect. READ a first,and second time this 21st day of February 2002. Mayor Cl rk DEAD a third time and finally passed this J 14 day of February 2002. Mayor Clirk 17 Property WntenanccfOceupancy Standards By-Law Municipality of Bnyha THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law APPENDIX"A" FEESCHEDULE For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance&Occupancy Standards 1. Certificate of Compliance: For the issuance of a Certificate of Compliance...................... $125.00 18 Property Maintenanca0mupancy Standards By-Law Municipality ofBayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law SET FINE SCHEDULE Part I Provincial Offences Act For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance&Occupancy Standards ITEM COLUMN 1: COLUMN 2: COLUMN 3:Bet Short Form Warding Provision Creating Fine(Includes or Defining Offence Costs) 1 Owner-Fail to comply with Property Section 5.16 $355.00 Standards Order. 2 Occupant-Fail to comply with Property Section 5.17 $355.00 Standards Order. Note: The penalty provision for the offences indicated above is Section 5.29 of By-Law#2002-10,a certified copy of which By-law has been filed. 19 APP;"OVF:'! _ rrE�(? 11��y"cDL+Ai➢fz �Atff�I�t�- June 24,2003 l ❑� R03d Surxdrftndent Ms.Carol Judd,Assistant By-law Enforcement Officer Municipality of Bayharn PO Box 160,9344 Plank Road Straffordville,Ontario NOJ 1Y0 Dear Ms.Judd: Re: Set Fines-Provincial Offences Act-Part I By-law Number 2002-10,Municipality of Bayham Enclosed herewith is a copy of an Order,and a copy of a schedule of set fines for the above referenced By-Law,the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court of Justice in St.Thomas,together with a certified copy of the By-law. Yours truly, Alexander M.Graham Regional Senior Justice West Region Enclosures /cc ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and - Municipal By-law No. 2002-10 of The Municipality of Bayham,attached hereto is the set fine including costs,for those offences. This Order is to take effect June 24,2003. Dated at London this 24th day of June,2003. �y Alexander M_Graham Regional Senior Justice West Region ' y R Property MaintenancelOccupancy Standards By-Law Municipality ofHayhom THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law SET FINE SC14EDULE Part 1 Provincial Offences Act For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance&Occupancy Standards ITEM COLUMN 1: COLUMN 2: COLUMN[3:Set Short Form Wording Provision Creating Frne(Includes or Defining Offence Costs) 1 Owner-Fail to comply with Property Section 5.16 $355.00 Standards Order, 2 Occupant-Fail to comply with Property Section 5,17 $355.00 Standards Order. Note: The penalty provision for the offences indicated above is Section 5.29 of By-Law#2002-10,,a certified copy of which By-law has been filed. 19 r � CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2002-87 A BY-LAW TO APPOINT A PROPERT7 STANDARDS COMMITTEE AND TO SET OUT THE REMUNERATION WHEREAS the Council of the Municipality of Bayham did by By-law 2002-10 establish a Property Standards Comnnittee consisting of no fewer than three(3)members,who shall be rate payers in the Municipality,appointed by By-law to hol9 office respectively so that as nearly as possible,one third of such members shall retire each year; AND WHEREAS Council is desirous to appoint three ratepayers and one member of Council to the Property Standards Committee to carry out the provisions of the Building Cotte Act and to fix the remuneration thereof AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to appoint members to the Property Standards Committee for terms as set out below; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the following persons are hereby appointed to the Property Standards Committee for the Municipality of Bayham for terms to expire as follows: Council Member rr November 30,2003 - � ' i 6f W Rate,Waver Members December 31,2003 - v' e- n + r December 31,2004 / {G ' - - Deeember 31,2005 2. THAT the Council Member shall be appointed for an annual term ending November 301" each year,and may hold office for more than one consecutive term: 3. THAT a person appointed to replace a Ratepayer Member whose term expires will be appointed for a three year term; 4. THAT a person replacing a resigning Member prior to the expiration of the respective term will be appointer)for the remainder of the term of the resigning Member; 5. THAT the appointees shall remain in office until respective successors are appointed by COUneil; b. THAT Ca,-c,,I J-u d c� be appointed Property Standards Committee Secretary; 7. THAT a minimum of three Committee Members be required to attend and hear an Appeal as directed by the Property Standards Committee Secretary; 8. THAT Committee Members will each be paid an attendance fee of$30.00(thirty dollars) for each appeal hearing of an Order issued. The Owner or Occupant filing a Notice of Appeal to the Secretary shall pay to the Municipality of Bayham a non-refundable fee of $120.00(one hundred and twenty dollars)in cash or certified cheque which will be applied against the Property Standards Committee Members'fees. No appeal will be heard by the Committee until the fee is paid. 9. THAT Chief Building Official,Dwayne Daniel is hereby appointed to act as Property Standards Officer; 10. AND THAT this by-law shall take effect upon the date of its enactment. READ A FIRST,SECOND,AND THIRD TIME and finally passed this 141°day of December 2002. MAYOR CLERK MUNICIPALITY OF BAYHAM By-Law No. 2018-XXX PROPERTY STANDARDS BY-LAW TABLE OF CONTENTS SECTION DESCRIPTION PAGE 1.0 SHORT TITLE 2 2.0 DEFINITIONS 2 3.0 GENERAL STANDARDS FOR ALL PROPERTY 6 4.0 RESIDENTIAL STANDARDS 7 5.0 VACANT BUILDINGS 13 6.0 NON-RESIDENTIAL PROPERTY STANDARDS 13 7.0 PROPERTY STANDARDS COMMITTEE 15 8.0 ENFORCEMENT 16 9.0 STANDARDS 17 10.0 CERTIFICATE OF COMPLIANCE 17 11.0 COMPLIANCE 17 12.0 VALIDITY AND SEVERABILITY 17 13.0 FEES 18 14.0 REPEAL AND TRANSITION 18 15.0 EFFECTIVE DATE 18 MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-XXX Being a By-Law for prescribing standards for the maintenance and occupancy of property within the Municipality of Bayham WHEREAS Section 15.1 (3) of the Building Code Act, 1992, S.O. 1192, c.23 as amended, provides the Municipality of Bayham the authority to pass a by-law prescribing standards for the maintenance and occupancy of property within the municipality and requires that any property not in conformity can be maintained to conform or be cleared and left in a levelled condition; AND WHEREAS the Official Plan for the Corporation of the Municipality of Bayham includes provisions relating to property conditions as required by section 15.1 (3) of the Building Code Act, 1992, S.O. 1992, c.23 as amended; AND WHEREAS section 391 (5), of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that Council may by by-law impose fees for services and activities provided or done by or on behalf of the Municipality of Bayham; AND WHEREAS it is deemed expedient to establish standards for the maintenance and occupancy of property in the Municipality of Bayham. THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1.0 SHORT TITLE 1.1 This by-law shall be known as the "Property Standards By-Law". 2.0 DEFINITIONS 2.1 For the purpose of this by-law: 2.1.1 "Accessory Building" means a detached building or structure, not used for human habitation, the use of which is incidental or subordinate to the lawful use of the property and which is located on the same lot; 2.1.2 "Agricultural Equipment' means implements and machinery commonly used for farming; 2.1.3 "Balustrade" means a row of balusters or spindles surmounted by a railing; 2.1.4 "Basement" means that portion of a building that has at least one- half of its height from finished floor to finished ceiling below the average adjacent finished grade; 2.1.5 "Bathroom" means a room containing at least one toilet, bathtub or shower, or two rooms that contain in total at least one toilet and one bathtub or shower; 2.1.6 "Bedroom" means a habitable room used for sleeping purposes; 2.1.7 "Building" means any structure used or intended for supporting any use or occupancy; 2.1.8 "Building Code" means the Building Code Act, 1992, S.O. 1992, c.23 as amended, and includes the regulations made thereunder; 2.1.9 "Chief Building Official" means the person Council has appointed as such pursuant to the Building Code; 2.1.10 "Committee" means a Property Standards Committee established under this by-law; 2.1.11 "Corporation" means The Corporation of the Municipality of Bayham; 2.1.12 "Council" means the Council of The Corporation of the Municipality of Bayham; 2.1.13 "Dwelling" includes any building, part of a building, tent, trailer, mobile home or other covering or structure, the whole or any portion of which is used or capable of being used for the purpose of human habitation; 2.1.14"Dwelling Unit" means a room or a suite of rooms used or designed to be used by one or more individuals as an independent or self-contained domestic unit or housekeeping establishment capable of supporting general living conditions including cooking, eating, sleeping and sanitary facilities; 2.1.15 "Farm" means a parcel of land, including accessory buildings and structures located thereon, used for the raising of livestock, growing of field crops, berry crops, tree crops, flower gardening, nurseries, aviaries, apiaries or forestry and reforestation, including the sale of such produce or crops on the same parcel; 2.1.16 "Fire Code" means the Fire Protection and Prevention Act, 1997, S.O. 1997, C.4, as amended, and includes the regulations made thereunder; 2.1.17 "Habitable Room" means any room in a dwelling unit used or designated to be used for living, sleeping, cooking or eating purposes; 2.1.18 "Hazardous Building or Structure" means a building or structure, whether or not structurally unsafe within the meaning of the Building Code, that has sustained damage of any kind to the whole or any part of the building or structure by reason of fire, storm or other cause and the damage has not been repaired; 2.1.19 "Heating System" means a device to convert fuel into heat energy and includes all components, controls, wiring, and piping required to be a part of the device by the applicable standard referred to in the Building Code; 2.1.20 "Lot" means a parcel of land the boundaries of which are defined in the last registered instrument by which legal or equitable title to the said parcel was lawfully and effectively conveyed; 2.1.21 "Lux" means a unit of illumination equal to the direct illumination on a surface that is everywhere 1 m. from a uniform point source of one candle intensity or equal to one lumen per sq. m.; 2.1.22 "Maintenance" means the preservation and keeping in repair of a property; 2.1.23 "Mobile Home" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer, tent trailer or trailer otherwise designed; 2.1.24"Multiple Dwelling" means a building lawfully containing three or more dwelling units; 2.1.25 "Multiple Use Building" means a building lawfully containing both a dwelling unit and a non-residential use; 2.1.26 "Non-habitable Space" means any room or space in a dwelling or dwelling unit other than a habitable room and includes a bathroom, pantry, lobby, corridor, stairway, closet, storage room, cellar, furnace room, garage, or space for service and maintenance, or space which does not comply with the minimum standards for residential occupancy; 2.1.27 "Non-residential Property" means a building or structure not occupied or capable of being occupied in whole or in part for the purpose of human habitation and includes those lands and premises appurtenant thereto; 2.1.28 "Occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals or chattels; 2.1.29 "Occupant" means any person or persons over the age of eighteen years in possession of a property; 2.1.30 "Owner" includes the person for the time being managing or receiving the rent of land or premises in connection with which the word "owner" is used whether on his own account or as agent or trustee of any person, or would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of the lease is required to repair and maintain the property in accordance with the standards of this by-law, and the person designated as owner on the assessment roll of the municipality; 2.1.31 "Person" includes an individual, corporation, firm, association, trust, bureau or partnership; 2.1.32 "Property" means a building or structure, or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile structures, outbuildings, fences and retaining walls, and erections thereon, whether heretofore or hereafter erected and includes vacant property; 2.1.33 "Property Standards Officer" means a person designated as such by a resolution or by-law of Council and shall include the Municipal Law Enforcement Officer and the Chief Building Official of the Municipality of Bayham; 2.1.34"Repair" means the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established in this by-law; 2.1.35 "Sewage" means liquid or water borne waste of industrial, commercial or domestic origin including human body waste, toilet or bathroom waste, shower, tub, culinary, sink or laundry waste, but does not include storm water; 2.1.36 "Sewage System" means the municipal sewer system if one is available, and if not, an approved private sewage disposal system as defined by the Building Code; 2.1.37 "Standards" means the standards prescribed in this by-law; 2.1.38 "Storm Water" means water that is discharged from a surface as a result of rainfall, snowmelt or snowfall; 2.1.39 "Unsafe Condition" means a condition that poses or constitutes a fire hazard or risk to life, limb or health of any person; 2.1.40 "Waste Disposal Site" means a parcel of land on which domestic waste is disposed of and which is authorized on that land by a by- law of the Corporation. 3.0 GENERAL STANDARDS FOR ALL PROPERTY 3.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the requirements of the Building Code and Fire Code. Accessory Buildings 3.2 Every property shall be free of accessory buildings which are dilapidated, collapsed, or partially constructed, unless currently under construction. Sewage and Drainage 3.3 Properties shall be maintained so as to: (i) Ensure that no roof drainage is discharged onto sidewalks, stairs or neighbouring property, nor on any surface within the road allowance; and (ii) Ensure that sewage is discharged into a sewage system. Parking Areas, Walks and Driveways 3.4 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete, or compacted stone or gravel and shall be kept in good repair. 3.5 Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. Garbage Disposal 3.6 All garbage, refuse, and ashes shall be promptly placed in a suitable container and made available for removal in accordance with the Corporation's garbage collection by-law. Compost Heaps 3.7 The occupant of a residential property may provide for a compost heap, provided that the compost pile covers an area no larger than 1.5 sq. m. (16.15 sq. ft.), is no more than 1.8 m. (6 ft.) in height and is enclosed on all sides by concrete block or lumber or is in a container, or an enclosed commercial plastic container designed for composting. 4.0 RESIDENTIAL STANDARDS General Conditions 4.1 Every owner of a residential property shall: (i) maintain their property and every part thereof, in a clean, sanitary and safe condition; (ii) maintain every floor, wall, ceiling and fixture, including hallways, entrances, laundry rooms, utility rooms, and other common areas in a clean, sanitary and safe condition; (iii) not allow accumulation or storage of garbage, refuse, appliances or furniture in a means of egress. Pest Prevention 4.2 Dwellings shall be kept free from rodents, vermin and insects at all times. Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act, R.S.O. 1990, c.P.11 as amended. 4.3 Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed. Structural Soundness 4.4 A building, or any part thereof, shall be capable of sustaining its own weight together with the loads that may be applied thereto by reason of its use and occupancy and / or natural causes as set out in the Building Code. 4.5 If the Property Standards Officer deems it necessary for the structural capacity of a building, or any part thereof, to be proven to meet the minimum standard, he may require, and the owner of the building shall submit, a report prepared, sealed and signed by a professional engineer who is qualified in the field and licensed by the Professional Engineers of Ontario, attesting to the structural capacity and soundness of the building or any part thereof. Foundations 4.6 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Required maintenance may include the shoring of the walls to prevent settling, installing sub-soil drains, at footings, grouting masonry cracks, damp-proofing and waterproofing walls, joints and floors. Exterior Surfaces 4.7 Exterior surfaces of a dwelling and their components, including soffit and fascia, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco or other defective cladding or trim. Paint or some other suitable preservative coating shall be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage. 4.8 Walls, roofs and other exterior parts of a building shall be free from loose or improperly secured objects or materials. 4.9 Exterior walls of a dwelling and their components shall be free of unauthorized signs, graffiti and similar defacements. Windows and Doors 4.10 The owner shall ensure that the exterior windows, doors and hatchways are maintained in good repair so as to prevent the entrance of wind or rain into the building. 4.11 Rotted, ill-fitting or damaged doors, door frames, window frames, sashes and casings shall be renewed or replaced. Defective window hardware, weather stripping and broken window glass shall be replaced. 4.12 In a dwelling unit, all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. 4.13 Every window in a dwelling unit located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would be permitted by the Building Code. Roofs 4.14 A roof, including the fascia board, soffit, cornice and flashing, shall be maintained in a watertight condition. 4.15 Where eavestrough and roof gutters are provided they shall be kept in good repair and free from obstructions and shall be properly secured to the building. Walls, Ceilings, and Floors 4.16 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free from holes, cracks, loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water. 4.17 Every floor in a dwelling shall be reasonably smooth, level and maintained so as to be free of loose, warped, protruding, broken, or rotted boards or other material that might cause an unsafe condition or allow the entrance of rodents and other vermin or insects. 4.18 Every floor in a bathroom, kitchen, and laundry room shall be maintained so as to be impervious to water. Stairs, Porches and Balconies 4.19 Inside and outside stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks and other defects that may constitute an unsafe condition. Existing stair treads or risers that are broken, warped, or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. 4.20 Outside stairs, porches, balconies and landings shall be protected from deterioration by the use of paint or other suitable protective material. Guards and Handrails 4.21 A guard, handrail or banister shall be installed so as to prevent accident or injury as required by the Building Code. A handrail shall be installed and maintained in good repair in all stairwells. Guards shall be installed and maintained in good repair around all landings, porches and balconies, where required by the Building Code. Guards, handrails or banisters shall be constructed and maintained rigid in nature and to withstand the loads to which they are subject due to intense use. 4.22 Outside guards, handrails or banisters shall be protected from deterioration by the use of paint or other suitable protective material. Kitchens 4.23 Every self-contained dwelling unit shall contain a kitchen area equipped with a sink, served with hot and cold water, storage facilities, counter top work area and space for a stove and refrigerator. 4.24 Every kitchen shall have provided an adequate and approved gas, electrical or other fuel supply for cooking purposes, installed to the standards provided by the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, as amended, and the applicable regulations thereunder or other applicable legislation. 4.25 There shall be at least 76cm. (30 in.) clear space above any exposed cooking surface. 4.26 A splash back or counter top having an impervious surface shall be provided around a kitchen sink. Bathroom and Toilet Facilities 4.27 Every dwelling unit shall contain a bathroom consisting of at least one fully operational toilet, lavatory and bathtub or suitable shower unit. Every lavatory and bathtub or shower shall have an adequate supply of hot and cold running water. Every toilet shall have suitable supply of running water. 4.28 Every required bathroom shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the person using the room. 4.29 Where bathroom facilities are shared by occupants of residential accommodation, other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the facilities. Plumbing 4.30 Each lavatory, bathtub or shower and one kitchen sink shall be equipped with an adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of not less than 45 degrees Celsius (113 degrees Fahrenheit). 4.31 Every dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health. 4.32 All plumbing, including drains, water supply pipes, toilets and other plumbing fixtures, shall be maintained in good condition free of leaks or defects and all water pipes and appurtenances thereto shall be kept from freezing. 4.33 All plumbing fixtures shall be connected to the sewage system through water seal traps. Electrical Service 4.34 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 4.35 The electrical wiring, fixtures, switches, receptacles, and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards. All electrical services shall conform to the regulations established by, and be installed to the standards provided by, the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, as amended, and the applicable regulations thereunder or other applicable legislation. 4.36 Every bathroom, kitchen, laundry room, furnace room, basement and non- habitable room or storage area shall be provided with permanent light fixtures. All other habitable rooms shall have a wall switched receptacle for lamps if no permanent light fixtures are provided. 4.37 Lighting fixtures and appliances installed throughout a dwelling unit, including hallways, stairways, corridors, passageways, garages and basements, shall provide sufficient illumination so as to avoid an unsafe condition in normal use. Heating, Heating Systems, Chimneys and Vents 4.38 Every dwelling and building containing a residential dwelling unit or units shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius (70 degrees Fahrenheit) in occupied dwelling units. The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling unit to the required standards. 4.39 All fuel burning appliances, equipment and accessories in a dwelling shall be installed and maintained to the standards provided by the recognized standards and testing authority and other applicable legislation. 4.40 Where a heating system or part thereof requires solid or liquid fuel to operate, a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as not to create an unsafe condition. 4.41 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke, fumes, and gases from that part of the dwelling which is not used, designed or intended to be used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Building Code and Fire Code. 4.42 All fuel burning appliances, equipment, and accessories in a dwelling unit shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method. 4.43 Every chimney, smoke-pipe, flue and vent shall be maintained in good repair so as to prevent smoke, fumes or gases from entering a dwelling unit. Maintenance shall include the removal of all obstructions, sealing open joints, and the repair of loose or broken masonry units. 4.44 Every chimney, smoke-pipe, flue and vent shall be maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. Egress 4.45 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level. Lighting 4.46 Every habitable room, except for a kitchen or bathroom, shall have a window or windows, skylights or translucent panels that face directly to the outside with an unobstructed light transmitting area of not less than 10% of the floor area of such rooms where practicable. The glass area of a sash door may be considered as a portion of the required window. 4.47 All public hallways and stairs in multiple dwellings shall be illuminated at all times so as to provide safe passage. Ventilation 4.48 Every habitable room in a dwelling unit and every bathroom shall have openings for ventilation providing an unobstructed free flow of air as required by the Building Code. 4.49 All systems for mechanical ventilation shall be maintained in good working order. 4.50 All enclosed areas including basements, crawl spaces and attics or roof spaces shall be adequately ventilated. Disconnected Utilities 4.51 Owners of residential buildings or any person or persons acting on behalf of such owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, refrigeration or water to any residential unit or building occupied by a tenant or lessee except for such reasonable period of times as may be necessary for the purpose of repairing, replacing or otherwise altering said service or utility. 5.0 VACANT BUILDINGS 5.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Building Code, as amended. 5.2 Vacant buildings shall be kept cleared of all garbage, rubbish and debris, and shall have all water, electrical, and gas services turned off except for those services that are required for the security and maintenance of the property. 5.3 The owner of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained. The boarding shall consist of a least 12.7mm (0.5 in.) weatherproof sheet plywood securely fastened to the building and painted a colour compatible with the surrounding walls. 5.4 Buildings boarded up more than 6 months shall be either restored to conform with the standards of this by-law or, where deemed necessary by the Property Standards Officer, will be ordered to be demolished in accordance with this by-law. 6.0 NON-RESIDENTIAL PROPERTY STANDARDS 6.1 All repairs and maintenance of non-residential property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Building Code. Storage 6.2 Every owner of non-residential property where the warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall maintain their property in a neat and orderly fashion so as not to create an unsafe condition and shall provide unobstructed access for emergency vehicles. Where conditions are such that, in the opinion of the Property Standards Officer, an area is offensive to view, the offensive area shall be suitably enclosed by a solid wall or a painted board or metal fence and maintained in good repair. Parking Area and Driveways 6.3 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete or compacted stone or gravel and shall be kept in good repair. Notwithstanding the foregoing, on non-residential properties that abut residential properties, all areas used for vehicular traffic and parking shall have a surface covering of asphalt or similar hard surface or shall be treated to prevent dust. 6.4 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. Structural Soundness 6.5 A building, or any part thereof, shall be capable of sustaining its own weight together with the loads that may be applied thereto by reason of its use and occupancy and/or natural causes as set out in the Building Code. 6.6 If the Property Standards Officer deems it necessary that the structural capacity of a building or any part thereof be proven to meet the minimum standard, he may require, and the owner of the building shall submit, a report, prepared, sealed and signed by a professional engineer who is qualified in the field and licensed by the Professional Engineers of Ontario, attesting to the structural capacity and soundness of the building or any part thereof. Exterior Walls 6.7 Exterior walls of a building or a structure and their components, including soffit, fascia, windows and doors, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco, or other defective cladding, or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage. Guards and Handrails 6.8 A guard shall be installed and maintained in good repair on the open side of any stairway or ramp, as required by the Building Code. 6.9 A handrail shall be installed and maintained in good repair in all stairwells. 6.10 Guards shall be installed and maintained in good repair around all landings, porches and balconies where required by the Building Code. 6.11 Guardrails, handrails and banisters shall be constructed and maintained rigid in nature and to withstand the loads to which they are subject to, due to the intended use. Lighting 6.12 The owner of all non-residential properties shall install and maintain sufficient windows, skylights, and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended, for industrial and commercial properties. 6.13 Lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties. 7.0 PROPERTY STANDARDS COMMITTEE 7.1 For the purposes of this by-law, there is hereby established a Property Standards Committee that shall be composed of not fewer than three members appointed by resolution or by-law of Council. Term of Office 7.2 The members of the Property Standards Committee shall remain in office at the pleasure of Council. Filling of Vacancies 7.3 Council shall forthwith fill any vacancy that occurs in the membership of the Committee. Compensation 7.4 The members of the Committee shall be paid such compensation as the Council may provide by resolution or by-law of Council. Chair 7.5 The members shall elect a Chair from among themselves. When the Chair is absent through illness or otherwise, the Committee may appoint another member as "Acting Chair". Quorum 7.6 A simple majority of the members constitutes a quorum for transacting the Committee's business. Secretary 7.7 The Corporation shall provide a secretary for the Committee Duty of Secretary 7.8 The secretary shall keep on file the records of all official business of the Committee, including records of all applications and minutes of all decisions respecting those applications, and the Municipal Act, 2001, applies with necessary modifications to the minutes and records. Rules of Procedure and Oaths 7.9 The Committee may adopt its own rules of procedure and any member may administer oaths. Where Committee Required to Give Notice 7.10 The Committee shall give notice or direct that notice be given of the hearing of an appeal to such persons as the Committee considers available. 8.0 ENFORCEMENT 8.1 This by-law shall be enforced by the Chief Building Official and the Municipal Law Enforcement Officer. 8.2 If upon inspection of a property, the Property Standards Officer is satisfied that there is non-conformity with the standards in this by-law to such extent as 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 requiring immediate remdial repairs or clearing of all buildings, structures or debris from the site, leaving the site in a graded and levelled condition to terminate the danger. 8.3 Without limiting the powers or duties provided for in the Building Code, a Property Standards Officer is hereby authorized to give immediate effect to any order that is confirmed or modified as final and binding under section 15.3 (7) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, so as to provide for: (i) repair of the property; or (ii) clearing of all buildings, structures or debris from the site and the leaving of the site in a graded and levelled condition, where the cost of doing the work does not exceed $50,000.00. 8.4 Where the cost of completing the work as referred to above exceeds $50,000.00, the Property Standards Officer shall seek the authorization from Council to carry out the requirements of the order. 8.5 Upon completion of the work, the Corporation shall have a lien on the land for the amount spent on repair or demolition, plus an amount equivalent to 25% of the amount spent as a reasonable approximation of the Municipality's administrative costs of the repair or demolition. The total amount shall be deemed to be municipal real property taxes and may be added by the clerk of the Corporation to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. 8.6 A person who fails to comply with a property standards order which is final and binding, any other order, a direction or a requirement made under this by-law is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000.00 for a first offence and to a fine of not more than $100,000.00 for any subsequent offence. If a corporation is convicted of failing to comply with a property standards order which is final and binding, any other order, a direction or a requirement made under this by-law, the maximum penalty that may be imposed on the corporation is $100,000.00 for a first offence and $200,000.00 for any subsequent offence. 9.0 STANDARDS 9.1 The standards for the maintenance and occupancy of property set out in this by-law are prescribed and adopted as the minimum standards for all property in the Municipality of Bayham. 10.0 CERTIFICATE OF COMPLIANCE 10.1 Following the inspection of a property or upon the request of the owner, the Property Standards Officer may issue to the owner a certificate of compliance if, in the Property Standards Officer's opinion, the property is in compliance with the standards set out in this by-law. 11.0 COMPLIANCE 11.1 All owners or occupants of property shall comply with the standards prescribed in this by-law and any Property Standards Order as confirmed or modified. 11.2 All property within the municipality that does not conform with the standards contained in this by-law shall be repaired and maintained to conform with the standards or the site may be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition. 11.3 All repairs and maintenance of property shall be carried out with suitable and sufficient materials in a manner acceptable to the Property Standards Officer and in a good and workmanlike manner for the trades concerned. 11.4 All new construction or repairs shall conform to the Building Code and any other applicable legislation. 12.0 VALIDITY AND SEVERABILITY 12.1 If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law, and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 12.2 Where a provision of this by-law conflicts with the provision of another by-law in force within the municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail. 13.0 FEES 13.1 A fee shall be payable to the Municipality at the time of filing an Appeal to the Property Standards Committee and/or prior to the issuance of a Certificate of Compliance where it is issued at the request of the owner. These fees shall be as set out in the Municipality of Bayham Fees By-Law. 14.0 REPEAL AND TRANSITION 14.1 Except as provided by Section 14.2 hereof, the Corporation of the Municipality of Bayham By-Law Nos. 2002-009, 2002-10, 2002-087, 2004- 017, 2004-092, 2012-077 is hereby repealed. 14.2 Notwithstanding Section 14.1 hereof, the provisions of the by-law, as amended, shall continue to apply to any properties in respect of which an Order has been given under the said by-law until such Order has been completed or any enforcement proceeding in respect of such an Order has been concluded. 15.0 EFFECTIVE DATE 15.1 This by-law shall come into force on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME this XX day of MARCH, 2018. Mayor Clerk MUNICIPALITY OF BAYHAM By-law No. 2018-XXX LOT MAINTENANCE BY-LAW TABLE OF CONTENTS SECTION DESCRIPTION PAGE 1.0 SHORT TITLE 3 2.0 DEFINITIONS 3 3.0 SCOPE 6 4.0 GENERAL PROHIBITION 6 5.0 LOT MAINTENANCE REGULATIONS, STANDARDS, 6 AND/OR PROHIBITIONS 6.0 SPECIAL PROVISIONS — LANDSCAPING 9 7.0 SPECIAL PROVISIONS — NATURAL GARDENS 9 8.0 SPECIAL PROVISIONS — LOT GRADING AND 10 DRAINAGE / FILL PLACEMENT 9.0 SPECIAL PROVISIONS — OUTDOOR STORAGE 10 10.0 SPECIAL PROVISIONS — FENCES / FENCING 11 11.0 ADMINISTRATION AND ENFORCEMENT 11 12.0 NOTICE OF VIOLATION 12 13.0 OFFENCE AND PENALTY 13 14.0 SEVERABILITY 14 15.0 EFFECTIVE DATE 15 MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-XXX Being a By-law to Provide for the Maintenance of Land in a Clean and Clear Condition WHEREAS section 127(a) of the Municipal Act, S.O. 2001, c. 25, as amended, (hereinafter "Act") authorizes a local municipality to pass by-laws respecting the cleaning and clearing of lands, not including buildings, and to require the owner or occupant of such land to clean and clear that land, not including buildings, or to clear refuse or debris from such lands; AND WHEREAS section 127(b) of the said Act authorizes a local municipality to regulate when and how the matters referred to in the previous section 127(a) shall be done; AND WHEREAS section 127(c) of the said Act provides this policy may prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of such land; AND WHEREAS section 127(d) of the said Act authorizes a local municipality to define "refuse" for the purposes aforesaid; AND WHEREAS section 131 of the said Act authorizes a local municipality to prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition; AND WHEREAS section 436 of the said Act authorizes a municipality to pass by-laws providing for entry onto lands for purposes of, among other things, inspection in relation to matters otherwise prohibited and/or regulated by by-law; AND WHEREAS section 446 of the said Act authorizes a municipality to direct or require that a matter or thing be done in default of which the municipality may enter upon land at any reasonable time to do such matter or thing at the expense of the owner and, furthermore, providing that the cost of doing such matter or thing may be recovered by the municipality by action or by adding such costs to the tax roll and collecting them in the same manner as taxes; AND WHEREAS section 425 and 429 of the said Act authorizes a municipality to pass by-laws providing that a person who contravenes a by-law of the municipality is guilty of an offence and thereafter subject to penalty; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance of land in order to enhance the quality of the community and neighbourhoods, to protect the safety, health, and well- being of the public, and to ensure the continued enjoyment of property by residents and property-owners of the said Municipality. NOW THEREFORE the Council of The Corporation of the Municipality of Bayham enacts as follows: 1.0 Short Title 1.1 This By-Law shall be known as "Lot Maintenance By-Law". 2.0 Definitions 2.1 "By-Law" means this By-Law. 2.2 "By-Law Enforcement Officer" means a Municipal Enforcement Officer as appointed by Council or a police officer, including but not limited to a member of the Ontario Provincial Police. 2.3 "Commercial Solid Waste or Grease Container" means a waste or grease disposal container placed on land within the territorial limits of the Municipality for the temporary storage of waste or grease; provided that, to meet this definition, the said container shall be waterproof, leak-proof, and shall be covered at all times except when depositing waste therein or removing the contents thereof. 2.4 "Composting" shall mean the biological degradation or breakdown of organic material into soil-like material. 2.5 "Composting Container" shall mean the holding unit used to store yard, garden, or household waste for purposes of composting. 2.6 "Corporation" means The Corporation of the Municipality of Bayham. 2.7 "Council" means the elected Council of The Corporation of the Municipality of Bayham. 2.8 "Land" or "Lands" means real property, including a water lot, within the territorial limits of the Municipality and, for purposes of this By-Law includes real property constituting all or a portion of a lot lying or being appurtenant to a building or structure, whether used for residential or commercial purposes but excluding any such building or structure. 2.9 "Lot" means a parcel of land, the boundaries of which are defined in the last registered instrument by which legal or equitable title to the said parcel was lawfully and effectively conveyed. 2.10 "Maintenance" means the preservation and keeping of a property in compliance with requisite standards, prohibitions, or regulations as contained in this By-Law. 2.11 "Motor Vehicle" means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power and includes but is not limited to automobiles, cars, trucks, motorcycles, motor homes, and trailers of any description. 2.12 "Municipality" means the Municipality of Bayham and includes the geographic area thereof. 2.13 "Noxious Weed" means and includes a plant designated as a noxious weed pursuant to The Weed Control Act, R.S.O. 1990, c. W.5, as amended. 2.14 "Nuisance" means any use or condition which interferes with the normal enjoyment or use of any lands, including but not limited to neighbouring land. 2.15 "Occupant" means any person or persons over the age of eighteen (18) years in possession and/or control of land or lands within the Municipality. 2.16 "Other Vehicle" means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power and includes but is not limited to tractors, self-propelled construction and/or industrial equipment or implements of husbandry, motorized snow vehicles, or cars of steam, electric, or diesel railways. 2.17 "Owner" means the person or persons who owns or own any land or lands, or any lots thereof, within the Municipality and includes but is not limited to a registered or equitable owner, occupant, tenant, lessee, or mortgagee in possession. 2.18 "Person" means any individual, company, corporation or director thereof, partnership, firm, trust, sole proprietorship, government or government agency, authority, or entity, howsoever established, joint venture, syndicate, or other legal entity, and further includes all successors, assigns, or legal representatives thereof. 2.19 "Private Drain" means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows, such as storm drainage, roof water, and surface and/or ground waters are not to be intentionally admitted. 2.20 "Vessel" means any form of marine transportation for humans, commodities, or goods and designed to be propelled by any means including but not limited to internal combustion engine or engines or otherwise by steam, electric, muscular, or natural power. 2.21 "Waste Material" means any article, thing, matter, or effluent that appears to have been set aside, discarded, abandoned, or discharged, whether of any value or not, or otherwise appears to have been used up in whole or in part, or expended or worn out in whole or in part and, without limiting the generality of the foregoing, includes but is not limited to the following: 1. Garbage, refuse, debris, litter, grass clippings, tree and garden cuttings, brush, vegetative undergrowth and underbrush, dead, diseased or damaged trees or bushes or leaves therefrom, and leaves. 2. Containers, including but not limited to crockery, dishes, glassware and bottles, both plastic and/or metal. 3. Paper, cardboard, cloth, plastics, and/or synthetics. 4. Weighty or bulky materials such as machinery, stoves, refrigerators and other such appliances, furniture, furnace parts, pipes, water or fuel tanks, wooden or metal signs or pallets, or any part or parts thereof. 5. A motor vehicle or other vehicle which is not operative, a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Traffic Act, S.O. 1990, c. H.8, as amended, discarded motor vehicle or other vehicle, automotive parts, vehicle parts and accessories, mechanical equipment, mechanical parts, unmounted tires, tires mounted on rims, and/or accessories or adjuncts to any such motor vehicle or other vehicle and mechanical equipment. 6. A vessel which is not operative, discarded vessel, unsound or unseaworthy vessel, vessel parts and accessories, mechanical equipment, mechanical parts, and/or accessories or adjuncts to such a vessel and/or mechanical equipment. 7. Broken concrete (other than for shore protection), asphalt payment, patio/sidewalk slabs, surplus building materials whether new or used. 8. Material resulting from or as part of construction, alteration, repair or demolition of any building or structure. 9. Rubble, inert fill, and/or fencing materials. 10. All waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food, except any material of vegetable origin placed in the composting container. 11. Any liquid containing chemicals or solids either dissolved or in suspension. 2.22 "Yard" or "Yards" means the land or lands, other than publicly-owned land or lands, around or appurtenant to the whole or any part of a residential or non-residential building or structure and used or capable of being used in connection with such land or lands. 3.0 Scope 3.1 The regulations, standards, and/or prohibition set forth in this By-Law are deemed to create minimum standards for the promotion of the health, safety, comfort, convenience, and general welfare of the Municipality and its residents and property-owners. 4.0 General Prohibition 4.1 No person, including any owner of land, shall fail to comply with any regulation, standard, or prohibition set forth in this By-Law. 5.0 Lot Maintenance Regulations, Standards, and/or Prohibitions 5.1 Every owner of land in the Municipality shall keep such land, in whole and in part and including all yards, grounds, and vacant lands, drained and cleaned and cleared of all waste material. 5.2 For purposes of clarity and in respect of the regulation set forth in section 5.1 above, the requirement for keeping land cleaned and cleared of all waste material is deemed to include removal of any noxious weed and/or grasses in excess of 15cm in height, measured from ground level at the location from which such noxious weed or grass grows, except on any slope requiring such vegetation for slope stability, the proof of which exception is borne by the owner or owners of such land. 5.3 Every owner of land in the Municipality shall fill in any excavation located on such land so owned which is not completely enclosed by an adequate barrier and/or fencing, the adequacy of which barrier or fencing is to be determined by the Chief Building Official of the Municipality or his or her designate. 5.4 For purposes of clarity and in respect of the regulation set out in section 5.3 above, the requirement for filling in an excavation does not apply to work that, in the opinion of the Chief Building Official of the Municipality or his or her designate, is actively proceeding under a construction or building permit. 5.5 No person, including any owner of land in the Municipality, shall connect or cause or permit any connection of any weeping tile, foundation drain, roof drain, or lay drain into any private drain servicing such land or lands, including any building or structure erected thereon, and, furthermore, no person, including any owner of land in the Municipality, shall discharge or cause or permit to be discharged any extraneous flow, including but not limited to groundwater, foundation well water, roof or surface water or storm drainage, into any private drain. 5.6 Every owner of land in the Municipality and serviced by a private drain shall alter or repair that private drain to disconnect any extraneous flows from or into such private drain. 5.7 Every owner of land in the Municipality shall drain lands so owned upon which surface or groundwater has accumulated to a depth which, in the opinion of the By-Law Enforcement Officer, creates an unsafe or dangerous condition. 5.8 For purposes of clarity and in respect of the regulation set forth in section 5.7 above, the requirement for draining of surface or groundwater does not apply to swimming pools lawfully constructed, installed, and maintained, storm water management facilities, water gardens, or natural bodies of water. 5.9 Every owner of land in the Municipality shall keep all hedges and trees adjacent to a public sidewalk or highway cut and trimmed so as to allow safe and unhindered passage and an unrestricted view of pedestrians and/or vehicular traffic travelling upon such sidewalk or highway. 5.10 No person, including the owner thereof, shall use or cause or permit the use of any land in the Municipality for dumping, depositing, or otherwise disposing of waste material of any kind. 5.11 No person, including any owner thereof, shall use any land in the Municipality for storage of any motor vehicle without a current license plate or any other vehicle for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal unless that use of such land in the Municipality is in strict compliance with zoning requirements enacted by the Municipality. 5.12 No person, including any owner thereof, shall use any land in the Municipality for storage of any other vehicle or vehicles or any vessel or vessels for the purpose of wrecking or dismantling such vessel or vessels or salvaging parts there from for sale or other disposition unless such use of land is in conformity with zoning requirements enacted by the Municipality. 5.13 No person, including the owner of any land in the Municipality, shall cause or permit any Commercial Solid Waste or Grease Container to overflow its normal capacity when its cover or covers are in a closed and secured position. 5.14 No person, including the owner of any land in the Municipality, shall cause or permit foul or offensive odour or odours to emanate from any Commercial Solid Waste Container or Grease Container. 5.15 Every owner of any lot fronting any municipal highway or street where an adjacent sidewalk has been constructed shall remove and/or clear away and keep removed and cleared away all snow and ice from such sidewalk on the street side nearest to such lot, such removal to be completed within twenty-four (24) hours of a snowfall. 5.16 Every owner of any lot in the Municipality which fronts upon any municipal highway or street where an adjacent sidewalk has been constructed shall remove and clear away and keep removed and cleared away all dirt, debris, and litter from the said sidewalk on the street side nearest to such lot. 5.17 No person, including any owner thereof, shall plant, maintain, or permit any tree, brush, hedge, or shrub to grow more than one (1) metre in height on a corner lot where such tree, bush, hedge, or shrub is planted within four (4) metres of the intersection of the front lot line and the exterior lot line of such lot. 5.18 Every owner of any land in the Municipality shall keep such land clean and clear of any dilapidated or collapsed buildings or structures, or parts thereof, as erected upon such land. 5.19 Every owner of any land in the Municipality shall keep a yard or pen where a dog or dogs are allowed to run in a clean and sanitary condition and, furthermore, all excrement, feces, refuse, and dropped or scattered food associated therewith shall be removed from such yard or pen by the said owner at least once every three (3) days. 5.20 Every owner of land in the Municipality shall keep such land clean and clear of any object or objects and/or condition or conditions which are or could create any health, fire, or safety hazards, including but not limited to any object or condition which could promote or encourage the infestation and/or habitation of or by rodents, insects, or other vermin. 6.0 Special Provisions — Landscaping 6.1 Without limiting the generality of any provision set forth above, 6.1.1 every owner of land in the Municipality shall keep all grass, trees, bushes, hedges, and other landscaping material in a condition so as to prevent unsightly or unreasonable undergrowth in relation and compared to the surrounding natural environment. 6.1.2 every owner of land in the municipality shall keep and take reasonable steps to keep grass, trees, bushes, hedges, and other landscaping material in a living condition. 7.0 Special Provisions — Natural Gardens 7.1 Without limiting the generality of any provision set forth above and subject to the regulations and prohibitions set forth in section 7.2 below, the owner of any land in the Municipality may grow and maintain a managed and natural landscape, including one or more species of wild flowers, shrubs, trees, herbaceous plants, ferns, and/or grasses, or any combination thereof and regardless of whether such species are native or non-native to the Municipality and/or edible or not edible (referred to as a "natural garden"), upon such land. 7.2 No owner of land in the Municipality shall plant, grow, or maintain a natural garden that: 7.2.1 contains any noxious weed; 7.2.2 in an urban area as identified or defined in section 4 of the Official Plan for the Municipality that: 7.2.2.1 fails to maintain a growth setback of two (2) metres from the nearest edge of a highway (as defined by the Highway Traffic Act, R.S.O 1990, c. H.8, as amended) within which any tree, shrub, plant, flower, fern, or grass cannot exceed 15cm in height as measured from the ground level at the location from which it grows; and/or 7.2.2.2 fails to maintain a growth setback of two (2) metres from the nearest edge of a sidewalk constructed adjacent to such land within which any tree, shrub, plant, flour, fern, or grass cannot exceed 15cm in height as measured from the ground level at the location from which it grows. 8.0 Special Provisions — Lot Grading and Drainage / Fill Placement 8.1 Without limiting the generality of any provision set forth above, every owner of land in the Municipality, 8.1.1 shall keep such land adequately drained of surface water, including suitable provision for its disposal without causing or creating erosion; 8.1.2 shall not discharge water, including but not necessarily limited to surface water, water collected from the roof of any building or water from a swimming pool, onto any driveway, entranceway, walkway, sidewalk, stair, step, or any land adjacent thereto, or any highway in such a manner so as to cause damage or create an unsafe condition; 8.1.3 shall not cause or permit roof drainage to be discharged onto the ground less than one (1.0) metre from any building constructed thereon, provided that, at the location of discharge, such water does not escape onto or adversely affect adjacent lands or otherwise cause erosion; 8.1.4 shall not cause or allow any fill piled upon such land to remain in and on the levelled state for longer than fourteen (14) days from the date of such piling, unless the land contains a construction site for which a building permit has been issued by the Municipality and is in effect; 8.1.5 shall not cause or allow any fill piled upon land to remain uncovered by sod, seed, or agricultural crops for more than thirty (30) days from the date of such piling, unless the land either: 8.1.5.1 is being actively farmed, 8.1.5.2 contains a construction site for which a building permit has been issued by the Municipality and is in effect, or, 8.1.5.3 is subdivided under a signed subdivision agreement with the Municipality. 9.0 Special Provisions — Outdoor Storage 9.1 Where outdoor storage is permitted, every owner of any land in the Municipality shall: 9.1.1 locate and maintain such storage in a safe condition, wherein all stored items and materials are packed or stacked in a neat and orderly fashion or in bins, containers, structures, or enclosures appropriate for the nature, composition, or other characteristic properties or distinctive attributes of such stored items and materials; and, 9.1.2 completely enclose such outdoor storage area with fencing at least 1.5 metres in height, which fencing shall be constructed in such a fashion to screen the view of all items and materials so stored and provided that such fenced enclosures, 9.1.2.1 shall be located at least six (6.0) metres from any highway, and, 9.1.2.2 shall be landscaped on the exterior sides thereof, save any side which adjoins any building, driveway, or parking or loading area. 10.0 Special Provisions — Fences / Fencing 10.1 Every owner of land or lands in the Municipality upon or between which a fence, fences, or fencing has been erected shall maintain such fence, fences, or fencing, 10.1.1 in general repair, free from loose or insufficiently secured, rotten, warped, or broken materials or elements; 10.1.2 in a safe and structurally sound condition, capable of sustaining safely it's own weight and any load to which it could reasonably be subjected; 10.1.3 free of dangerous objects; and, 10.1.4 reasonably plumb, unless specifically designed to be other than vertical. 11.0 Administration and Enforcement 11.1 This By-Law shall be administered by a By-Law Enforcement Officer appointed by Council and shall be enforced by either such By-Law Enforcement Officer or a police officer. 11.2 The By-Law Enforcement Officer may, from time to time, designate another person or persons or retain the services of a qualified consultant to assist in the performance of duties hereunder. 11.3 The By-Law Enforcement Officer may enter on any land at any reasonable time for the purpose of carrying out an inspection of such land, including for the purpose of determining whether or not this By-Law or any Notice of Violation issued hereunder is being complied with. 11.4 For the purpose of conducting an inspection pursuant to section 11.3 above, a power of entry may be exercised by a By-Law Enforcement Officer to carry out an inspection and the said By-Law Enforcement Officer may; 11.4.1 require the production for inspection of documents or things relevant to the inspection; 11.4.2 inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; 11.4.3 require information from any person related to a matter relevant to the inspection; 11.4.4 alone or in conjunction with any person possessing special or expert knowledge, make examinations or take tests, samples, or photographs necessary for the purposes of the inspection. 12.0 Notice of Violation 12.1 If a By-Law Enforcement Officer is satisfied that a violation or contravention of this By-Law has occurred, the said By-Law Enforcement Officer may serve written notice upon the owner of the involved land, directing that the violation be remedied within a specific period. Such notice shall contain reasonable particulars of the violation adequate to identify same and the location of the land as well as the date by which compliance must be effected. 12.2 In the event that the violation in the notice is not remedied within the aforesaid period of time, the By-Law Enforcement Officer may cause the violation to be remedied at the expense of the owner. The Municipality shall not be responsible for any damage or loss that may be sustained by the owner as a result. 12.3 Where a By-Law Enforcement Officer deems a violation of this By-law to constitute an emergency or danger to the public, the said By-Law Enforcement Officer may, without notice, cause such violation to be remedied at the expense of the owner. The Municipality shall not be responsible for any damage or loss that may be sustained by the owner as a result. Where the violation is remedied without prior notice to the owner, the By-Law Enforcement officer shall serve written notice upon the owner of the land describing the particulars of the violation so as to adequately identify same and the location of the land as well as the date upon which the remedial action was taken. 12.4 Any notice given under this By-Law may be given by regular mail or personal delivery. Delivery by regular mail shall be deemed to have been effected on the third day after posting. 12.5 The Municipality may recover its costs of remedying violation of this By-Law by invoicing the owner, by institution of court proceedings, or by adding the cost to the tax roll in the same manner as municipal taxes. The exercise of any such remedy shall not preclude the exercise of any other available remedy. 13.0 Offence and Penalty 13.1 Any person who contravenes any provision of this By-Law or a notice issued hereunder is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of not more than $15,000.00. 13.2 A director or officer of a corporation who knowingly concurs in a violation or contravention by the corporation of any provision of or notice under this By- Law is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of not more than $15,000.00. 13.3 If either a notice has been issued under this By-Law or any Court of competent Jurisdiction has issued an Order in respect of this By-Law and such notice or Order has not been complied with, then any ongoing contravention of such notice or Order shall be deemed to be a continuing offence for each day or part thereof that the said notice or Order is not complied with. 13.4 Any person who contravenes any provisions of this By-Law so as to constitute or commit a continuing offence shall be liable to a fine of not less than $200.00 and not more than $15,000.00 for each day or part of a day that such offence continues. The total of any such daily fines for such continuing offence shall not exceed $100,000.00. 13.5 In the event of conviction of an offence of this By-Law, the Court entering such conviction or any other Court of competent jurisdiction may, in addition to any other penalty, make an Order prohibiting the continuation or repetition of the offence by the person so convicted. 14.0 Severability 14.1 If a Court of competent jurisdiction declares any section or part of this By- Law invalid, the remainder of this By-Law shall continue in force unless the Court makes an order to the contrary. 15.0 Effective Date 15.1 This By-Law shall come into full force and take effect on the date it is passed. READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS XX DAY OF MARCH, 2018. Paul Ens, Mayor Paul Shipway, Clerk REPORT CAO 0l'tunity Is -0 TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: March 1, 2018 REPORT: CAO-10/18 SUBJECT: RFQ 18-01 SUPPLY & INSTALLATION OF UTILITY CORRIDOR FENCING BACKGROUND: On October 10, 2017 correspondence was sent from Ms. Kristi Rockley concerning trespass and fencing along the Otter Valley Utility Corridor. On November 7, 2017 the Otter Valley Utility Corridor Board of Management passed the following resolution: THAT Bayham and Tillsonburg staff be directed to design page wire and steel gate specifications for annual site specific lateral utility corridor fencing construction utilizing annual Corridor Use Agreement allocations, for Board of Management considerations. DISCUSSION RFQ 18-01, a copy of which is attached hereto as Appendix `A', was posted on January 18, 2018 and closed on February 14, 2018. The results of RFQ 18-01 are as follows: Bidder OPSD 971.101 — Page 14 Ft. Farm Gate (6 Bar Wire Highway Fence/Ft. Lockable, Galvanized) Verdant $4.25+HST $800.00+HST Jim Thompson Landscaping $24.25+HST $510.00+HST Simpson's Fence London Ltd. $33.28+HST $789.87+HST Ro al Fence $13.72+HST $2,355.00+HST RECOMMENDATION 1. THAT Report CAO-10/18 re RFQ 18-01 Supply & Installation of Utility Corridor Fencing be received for information; 2. AND THAT pending approval from the Otter Valley Utility Corridor Board of Management, staff be directed to bring forward a by-law to enter into an Agreement with Verdant for the Supply & Installation of Utility Corridor Fencing for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk REQUEST FOR QUOTATION SUPPLY & INSTALLATION OF UTILITY CORRIDOR FENCING & GATES RFQ 18-01 -g,AYHA�? ortunity Is"W ISSUE DATE: Tuesday, January 22, 2018 CLOSING DATE: Wednesday, February 14, 2018 CLOSING TIME: 1 :00 P.M., local time LOCATION: Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, ON NOJ 1Y0 The Corporation of the Municipality of Bayham Request for Quotation for the Supply and Installation of Utility Corridor Fencing and Gates Instructions to Proponents 1. GENERAL: This Request for Quotation invites qualified service providers to submit quotations to supply and install utility corridor fencing and gates at various locations within the Municipality of Bayham on the Utility Corridor. Submissions shall be submitted on the form provided, sealed in an envelope, which is clearly marked "RFQ 18-01 Supply and Installation of Utility Corridor Fencing and Gates" Submissions will be received at the office of: Paul Shipway, CAOICIerk Municipality of Bayham 56169 Heritage Line, Straffordville, ON NOJ 1Y0 not later than 1:00 p.m. local time, Wednesday, February 14, 2018 Any proposal not necessarily accepted. The proposals will be opened shortly after 1:00 PM on Wednesday, February 14, 2018 at the office of the Municipality of Bayham. 2. RIGHT TO ACCEPT OR REJECT PROPOSALS: Proposals may be invalidated if the forms are not properly or fully completed. Proposals must be on the forms provided. No substitutions will be considered. Acceptance or rejection will be at the sole discretion of the Municipality. 3. PROPONENTS TO INVESTIGATE: It is the responsibility of the proponent to examine and satisfy himself as to the general area of the Municipality and satisfy himself as to all the terms and conditions of the contract documents. 4. INQUIRIES DURING PROPOSALS: The proponent is advised that inquiries regarding the interpretation of the proposal and contract document shall be written and directed to the Municipality of Bayham Office to Steve Adams, Roads Operations Supervisor Email: sadams(a).bayham.on.ca 5. THE OCCUPATIONAL HEALTH AND SAFETY ACT: The successful proponent must ensure compliance with the Occupational Health and Safety Act and indemnify the Municipality of Bayham for any failure to do so. 6. LIABILITY INSURANCE: The successful proponent shall indemnify and save harmless the Municipality of Bayham and the Town of Tillsonburg, from and against all claims, demands, loss, damages, etc. The limit of Liability Insurance shall be a minimum of Two Million dollars ($2,000,000.) in respect of any one accident. The successful proponent shall provide to the Municipality, proof of said insurance prior to the commencement of the contract, and maintain the insurance throughout the duration of the work. 7. LEGISLATIVE REQUIREMENTS: The successful proponent shall comply with all Federal, Provincial, County and Municipal Legislation including, but not limited to environmental, Labour, Occupational Health and Safety, Unemployment Insurance, Workplace Safety & Insurance Board, and Human Rights. The successful proponent shall provide the Municipality with a valid WSIB Certificate. Scope of Work 1. All fencing shall be page wire highway fence in accordance with OPSD 971.101, with the exception that the Gate be as specified with RFQ 18-01. 2. Brush Utility Corridor area where fencing is to be installed as per the direction of the Municipality of Bayham Roads Operations Supervisor. 3. Install new fence and gate across the Utility Corridor, 4. As a general overview the Municipality intends to erect gates and fences on the Utility Corridor at all road crossings north of Tunnel Line to work to prohibit unauthorized motor-vehicle trespass. Payment 1. Payment for construction of fencing shall be on a unit basis as outlined in RFQ 18- 01. 2. The Municipality does not guarantee any volume or work and volume of work is dependent upon budget. The Municipality reserves the right, at its sole discretion, to procure either more or less without altering the contracted price. The Corporation of the Municipality of Bayham Quotation Supply and Install Utility Corridor Fencing & Gates Quotation Summary Item Cost/ft. OPSD 971.101 — Page Wire Highway Fence/Ft $ +HST Item Cost/Gate 14 ft. Farm Gate (6 Bar, $ +HST Lockable, Galvanized) All prices must include supply, delivery and installation. Closinq Date: 1:00 p.m. Wednesday, February 14, 2018 Date: Company Name: Address: Telephone: Fax: Signed: Print: NOTES: 1. Lowest or any proposal not necessarily accepted. F 3.50m brace panel Standard post spacing, Note 1 T Standard post spacing, Note 1 --}--3.50m brace panel Identification plate Brace post Fence fabricWooden or steel line post I Brace post End post Typ Note 2 End post � T Diagonal ( IJE � 305mm E Ground line 3.70m diagonal JE brace wire lc I I i i wooden brace I It__II TypILII TYP U IJ yp U HIGHWAY FENCE IN EARTH, SHALE, LOOSE ROCK, OR FRIABLE ROCK �3.50m brace panel Gate opening 3.50m brace panel walk gate 1.20m, Brace Gatepost farm entrance Identification plate Brace post Typ , 4.90m , Typ post rl :41 1 I I EFT i i Ground line I I I S I I I I U u u u GATE DETAIL NOTES: 1 Standard post spacing shall be 6.Om for wooden post to wooden post and 5.Om for steel post to steel or wooden post. 2 Ratio of steel posts to wooden s posts shall be 3:1. ONTARIO PROVINCIAL STANDARD DRAWING Nov 2016 Rev 4 sra No A This OPSD shall be read in FENCE HIGHWAY p conjunction with OPSD 971.103. ' — — — — — — — — — — y S B All dimensions are in millimetres . IN EARTH, SHALE, LOOSE ROCK, OR FRIABLE ROCK — — — — — — — — — — unless otherwise shown. INSTALLATION OPSD 971 . 101 REPORT cao 0l'tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: March 1, 2018 REPORT: CAO-11/18 SUBJECT: RFQ 18-02 SUPPLY& INSTALL OF FENCING AT RICHMOND COMMUNITY PARK BACKGROUND: The 2018 Capital Budget includes Capital Item PR-2 Richmond Fence — CSA Improvements in the amount of$35,000. The scope of work includes the installation of approximately 240 metres of fence. • 4 Ft. Chain link Fabric to be 9 gauge heavy galvanized wire fastened to top rail, line post, and stretcher bar and bottom rail. No plastic fitting or components are to be used. New access gate (two side —total width 14 ft.) fronting Church St. into Richmond Community Park. All works must be scheduled with the Road Operations Supervisor. The Public Works Department will remove the existing fence, backstop and light standards. New fence must be fully installed within two weeks of the removal of the existing fence. All works must be completed in full by September 1, 2018. DISCUSSION RFQ 18-02 was posted on January 18, 2018 and closed on February 14, 2018. The results of RFQ 18-02 are as follows: Bidder Bid Price Simpson's Fence (London) Ltd. $17,857.82+HST Binder Built Group Ltd. $27,500.00+HST Jim Thompson Landscaping $16,400.00+HST Royal Fence Ltd. $17,510.25+HST Franklin Construction $15,140.96+HST Verdant $16,800.00+HST RECOMMENDATION 1. THAT Report CAO-11/18 re RFQ 18-02 Supply & Install of Fencing at Richmond Community Park be received for information; 2. AND THAT Council direct staff to bring forward a by-law to enter into an agreement with Franklin Construction in the amount of$15,140.96+HST for the Supply & Install of Fencing at Richmond Community Park for Council consideration. Respectfully Submitted by: Paul Shipway CAOIClerk REPORT CAO 0l'tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 1, 2018 REPORT: CAO-12/18 SUBJECT: RFT 18-01 PAVEMENT MARKING BACKGROUND: As part of the annual Roads Department Operating Budget various pavement markings work is completed. Agreement No. 0584 with KDN Pavement Marking Ltd. covers linear line painting. Staff issued RFT 18-01 for pavement marking work consisting of stop blocks, parking lots, parking areas and other miscellaneous pavement markings. DISCUSSION RFT 18-01 was posted on January 18, 2018 and closed on February 14, 2018. The results of RFT 18-01 are as follows: Bidder Bid Price/Square Metre - Bid Price/Square Metre - Yellow White Drew MacDonald Line Non-Compliant Bid Non-Compliant Bid Striping South West Property $22.50+HST $28.00+HST Maintenance Pro Finish Line Painting $9.50+HST $9.50+HST Mobil Services Inc. $5.95+HST $5.95+HST RECOMMENDATION 1. THAT Report CAO-12/18 re RFT 18-01 Pavement Marking be received for information; 2. AND THAT Council direct staff to bring forward a by-law to enter into an agreement with Mobil Services Inc. for the provision of pavement marking services for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk REPORT CAO rtunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 1, 2018 REPORT: CAO-13/18 SUBJECT: RFT 18-02 PORT BURWELL LIBRARY ACCESSIBLE RAMP BACKGROUND: The 2018 Capital Budget includes Capital Item FA-3 Port Burwell Library Accessible Ramp in the amount of$15,000. The scope of work includes all labor and materials required to construct the Port Burwell Library Accessible Ramp as per the attached plans, specifications and general notes along with all requirements as set out in the current Ontario Building Code. The contractor is responsible for site cleanup and final grading to the satisfaction of the Municipality. Site preparation, being the removal of the existing ramp and precast cement under the ramp will also be the responsibility of the Bidder. All works to be completed by no later than May 301h, 2018 DISCUSSION RFT 18-02 was posted on January 18, 2018 and closed on February 14, 2018. The results of RFT 18-02 are as follows: Bidder Bid Price The Cobrell Company Ltd. $41,895.00+HST DB Contracting & $34,317.58+HST Renovations Loewen Trades $17,925.00+HST Binder Built Group Ltd. $45,000.00+HST Franklin Construction $12,068.75+HST Oscar Temple & Sons $22,320.00+HST Construction Ltd. RECOMMENDATION 1. THAT Report CAO-13/18 re RFT 18-02 Port Burwell Library Accessible Ramp be received for information; 2. AND THAT Council direct staff to bring forward a by-law to enter into an agreement with Franklin Construction in the amount of$12,068.75+HST for the construction of the Port Burwell Library Accessible Ramp for Council consideration. Respectfully Submitted by: Paul Shipway CAOIClerk ,o'-DY2" I I j Dy.. _Dy. / - - g¢€Yeah A p i € 2. �' last O.a KILL afdec O.Ts_x4{a) C7 SIDE- 9 z .g B oN _� i-Iw w7�1 € �Xm aYa" REl—,E ISTI AAtR r-D MR,(TYv-) _ o NC NEW DE - (--------- 9.�.8.4.(e)(Iv) G1z� �v C�wu Tll OF m RAP LAND'NG'^S - SLOPE T'ORAMPTE CONCRETE y B - ---------- fmc 3.e6.4(1c) _ _ (oat SiHO.c.(,c) 1BNffi9pp �j,EXTERIOR RAMP PLAN 9w-2 ES:LLMBER i0 E PRE55UR TREATED WooO �3�X'gd mAg6 ,WOOD RAMP AND GUARDRAIL ESHALL DINFORM i0 Kp` �y HCH I\x Bw-2 SUPPLEMENTARY SB-] IN 3 , F58�L�€`' ' 3.DIMENLONS AND 5LEVAT,ON C FmF_,N, 2012 - VERIFY ALLOHnENVONS AND ELEVATIONS TOR O GLR cmc aHa.4(,, zxa wooD rTOPRAIL II III I NDEA ,1)2. +11 eer 2e./..s„4 BLOCKING®30'— PW12- x4 w11 POST ON e” PI ETBBETE STAN-FCSUP`F - IIIA �I I e[uEO FA—EU T A OST P III Wood POST w0ED POsr a+a ICNErs / Bw-1 xx ANOGHORED To a c TARETE RAMP ME SHOE AND I� K" ./ w DIAANCHOR�`-25,., Bw-Z oce FLOOR JOISTS ,s" _ / < _ _ _ RAMP NG N CR �I III caE1E cAvs rvo p BOARDS urvD ETE io DECK PERPENDICULAR = II III I A-A 2x4 WOOD BOTTOM RUL - I �_BwBw-2 Bw-2 (2)2xe BEAM EACH SIDE z m 30 sA c/e 2x4 BLOCKING ETWEEN vuES v 5'-0' S'-0' 5'-," 4.4—CRETE RAST ANCHORED TO > OOE AND RAMv w/METAFL �1 EXTERIOR RAMP FRAMING PLAN Bw-z SHOE AND y"DIA.ANGH woaTe POSTw NII�IINEEI TO w U SALE:3/B _, CE AND DIA.ANCHOR ; a 0 iBw O p _ — MIN.(T-) TOP OF RAMP _ DB 8384.(,)0.7 4 ¢ y fIRSTNLANDING „( 12� wa GRADE)K(48'DMN�PBELOW ID m Q TOP OF COIC RAMP O o c E F 5 •. . � � 2 ioR 6Q 22 S ��EXTERIOR RAMP SECTION A-A RAMP SECTION B-B A l�../SCALE:3,B-_,•_0 �../SCALE.., -,._0• S1.1 REPORT CAO �rtunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 1, 2018 REPORT: CAO-21/18 SUBJECT: RESTRICTED ACTS AFTER NOMINATION DAY BACKGROUND: Pursuant to section 275 of the Municipal Act, 2001 (the `Act'), certain actions of Council may be restricted during two separate periods after the municipal nomination date (July 27, 2018). The restrictions may occur in the event that any one of the so-called `lame duck' thresholds set forth in section 275(1) of the Act are satisfied. A Council may become `lame duck' in one or both of two separate time periods: • the period from the nomination date (July 27, 2018) to the day of the election (October 22, 2018); and, • the period from the day of the election (October 22, 2018) to the end of the current term of Council (November 30, 2018). In each instance an analysis must be done at the outset of the time periods to determine whether the Council is `lame duck'. DISCUSSION Typically, a Council becomes `lame duck' if it is determined with certainty that the new Council will have less than three-quarters of the members of the outgoing one. In order to determine whether the three-quarters threshold has been met, one must have regard to the nominations that have been certified and any acclamations made to the new Council, as well as the results of the election. Based on the current and new Council having 5 elected members, three-quarters of which will be 3.75, it will require 4 returning members in order to avoid becoming `lame duck'. In other words, if on either the nomination day or election day it can be determined with certainty that 2 or more members of the outgoing Council are not returning, then the restrictions in section 275 of the Act will apply. Once the determination has been made with certainty that a council is `lame duck', then the four restrictions contained within section 275(3) of the Act will apply: a) The appointment or removal from office of any officer of the municipality; b) The hiring or dismissal of any employee of the municipality; c) The disposition of any real or personal property of the municipality which has a value exceeding $50,000, at the time of disposal; and, d) Making any expenditure or incurring any other liability that exceeds $50,000. Sections 275(3) (c) and (d) of the Act do not apply if the disposition or the liability was included in the most recent budget adopted by Council before the nomination day. The Act also provides that nothing in section 275 of the Act prevents a municipality from taking any action in the event of an emergency. RECOMMENDATION 1. THAT Report CAO-21/18 re Restricted Acts After Nomination day be received for information. Respectfully Submitted by: Paul Shipway CAOIClerk REPORT cao 0l'tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: March 1, 2018 REPORT: CAO-22/18 SUBJECT: CURBSIDE WASTE AUDIT - RESULTS BACKGROUND: In October 2011 the Corporation of the Municipality of Bayham contracted 2cg Inc. Waste Management Consulting Services to develop a Municipality of Bayham, Municipality of Central Elgin and Township of Malahide Waste Management Master Plan —Waste Recycling Strategy. In 2016, AET Group Inc. was contracted by Waste Diversion Ontario, funded by the Continuous Improvement Fund, to complete audits of residential waste in the Municipality of Bayham, Municipality of Central Elgin and the Township of Malahide. During the Curbside Waste Audit, recycling and household waste was collected from a representative sample of households for the purposes of investigating the composition of both the residential waste and recycling streams. A total of 100 homes were audited in the three area municipalities. All the areas were sampled four times (each season) over a one year period. The purpose of the Curbside Waste Audit was to obtain raw data in order to continue to make objective and informed decisions regarding improvements to the Municipality of Bayham Recycling &Waste Management program. DISCUSSION Staff would like to acknowledge the efforts of the Township of Malahide for coordinating the Curbside Waste Audit, compiling the data and providing a template document to present the applicable information to Council. DEFINITIONS Capture Rate: The total quantity of a recoverable waste that is diverted for reuse or recycling as a percentage of the total quantity of the recoverable waste generated. A Capture Rate can be used as a measure of the success of a recycling and/or reuse program. A higher Capture Rate is indicative of more material being reused or recycled, rather than being sent to disposal. Diversion Rate: The total quantity of waste that is diverted for reuse or recycling as a function of the total quantity of all wastes generated. A Diversion Rate can be expressed as a percentage or on a per capita basis. Residue Rate: The amount of contamination in recyclable materials after being processed by the Material Recovery Facility. Residue is made up of two distinctive components: a) Incoming Contamination — non-recyclable materials and garbage b) Processing Residuals — lost product: glass, plastics, aluminum, paper RECYCLING- GROUP RESULTS The audited municipalities averaged 3.7kg per week of materials in the Recycling Stream per household. The average Residue Rate of the Recycling Stream, attributed to Non-Recyclable Materials per the current Blue Box Program, was 10%. RECYCLING- BAYHAM RESULTS The Curbside Waste Audit found that the average amount of materials in the Recycling Stream per household, amounted to 3.7kg per week. The chart below depicts the proportions of the Recycling Stream, as identified in the Curbside Waste Audit, averaged over all three Bayham locations. RECYCLING STREAM TOTAL ACCEPTED BA KG/HH/WK. MATERIA;S.3.729,85% HA7AROC7U5MATERS ALS, 0.:002,il96 4 SCRAP METAL,0-0777,4% 66 UNACCEPTA6LE PAPEA/PLASTIC/GLASS, 0.422,10% ALL OTHER MATERIALS, 0.207,5% GARBAGE- GROUP RESULTS Collectively the audited municipalities averaged 9.1 kg per week of materials in the Waste Stream per household. The average Capture Rate of the total amount of Blue Box Accepted materials was 79%. The average Diversion Rate for the group was 29% of total materials diverted from the Waste Stream. GARBAGE- BAYHAM RESULTS In 2011 as outlined in the Waste Management Master Plan — Waste Recycling Strategy the Municipality of Bayham Diversion Rate was 31% of total materials diverted from the Waste Stream. The Waste Management Master Plan — Waste Recycling Strategy identified a goal Municipality of Bayham Diversion Rate of 40% of total materials diverted from the Waste Stream by January 1, 2016. In 2017 the Ministry of the Environment and Climate Change identified an interim diversion goal of 30% by 2020 as part of the Strategy to Achieve a Circular Economy. The Curbside Waste Audit found that the Municipality of Bayham Diversion Rate was 39% of total materials diverted from the Waste Stream. The Curbside Waste Audit found that the average amount of materials in the Waste Stream per household, amounted to 6.8kg per week. Below is a depiction of the proportions of the Waste Stream, as identified in the Curbside Waste Audit, averaged over all three Bayham audited locations. Quantities were measured in kilograms per household per week. BAYHAM-WASTE STREAM KG/HH/WK ALL OTHER.MATERIALS, 5.526,8456 TOTAL ACCEPTED BS MATERIALS, 0.701,10?S HAZARDOUS MATERIALS, SCRAP METAL,O.D31, BE UNACCEPTABLE PAP€R/PZ=C/GLA55, 0.622,9% Notably, there was a 0.7kg or 10% portion of the Waste Stream attributed to Blue Box Accepted Materials. These materials are part of the Blue Box Program and are advertised as such. It is important to collect information regarding un-captured recyclables as they directly relate to the Municipality's overall Diversion Rate. Below is a depiction of the Municipality's Capture Rate of Blue Box Accepted Materials shown as a percentage. Quantities were measured in kilograms per household per week. CAPTURE RATE: BLUE BOX ACCEPTED MATERIALS KG/HH/WK WASTE STREAM 0.701,16% RECYCLING STREAM 3.729,84% The Curbside Waste Audit identifies that the Municipality of Bayham Capture Rate is 84% of recyclable materials into the Recycling Stream. The Municipality of Bayham Waste Management Master Plan identified a Capture Rate of 59% in 2009. Further the target Capture Rate for Rural Collection-South is 70%. Although the Capture Rate has significantly increased from 2009, the remaining 0.7kg per household, per week equates to 102.87 tonnes of uncaptured recyclables per year, across the entire Municipality. The cost of disposing this quantity of recyclables in the Waste Stream is $29,295.32 based on current pricing. Recyclables were further broken down into the individual types of recyclable materials to better understand why these materials were not being captured in the recycling stream. Below is a comparison of the individual amounts of Blue Box Accepted Materials, as identified in the Curbside Waste Audit, remaining in the waste stream versus captured in the recycling stream. Quantities were measured in kilograms per household per week. BLUE BOX ACCEPTED MATERIALS 3.500 3.000 2.500 2.000 x x 1.500 1.000 0.500 0.000 1411 FR.1N I l I]1'81'1.11 WI PAPP R YACKAGM(i 1113 Hl ASI R.S 1111 ME TAPS ESR(A ASS ■[SLUE 009 COLLECT IC]N ■WASH }T1QAM(.01.11(11()N SUMMARY The Curbside Waste Audit provides valuable information demonstrating the improvements in recycling in the Municipality of Bayham since the Waste Management Master Plan — Waste Recycling Strategy. The Curbside Waste Audit also provides clear evidence of an opportunity to reduce municipal costs by $29,295.32 based on current pricing, simply by placing recyclable materials in the appropriate location. As noted within Reports CAO-47/17 and Report CAO-06/18 significant changes within the Provincial Recycling and Waste Management regulatory environment are expected. Given the changes anticipated as a result of the Province's Waste Free Ontario Act, the Municipality may be best served by continuing to encourage residents to recycle more and continue to divert recyclable materials from the waste stream as this ultimately helps to reduce the costs to the Municipality and is good for the environment. Further, the Curbside Waste Audit information will be beneficial in the future when updating the Waste Management Master Plan and/or implementing a Recycling Program under the new Provincial Circular Economy Recycling Regime. The baseline program information will be useful to identify changes at the provincial level that adversely affect the Municipality's Recycling and Waste Management programs. RECOMMENDATION 1. THAT Report CAO-22/18 re Curbside Waste Audit- Results be received for information. Respectfully Submitted by: Paul Shipway CAOIClerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-026 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE ALWARD MUNICIPAL DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lot 126, Concession 6, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 217145, prepared by Spriet Associates, dated January 19, 2018, which is attached hereto as Schedule "A", and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $30,900.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.217145, dated January 19, 2018 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$30,900.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2018-026 - 2 - A 2 -A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of$0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Alward Municipal Drain". READ A FIRST AND SECOND TIME this 1St day of March, 2018 and provisionally adopted this 1St day of March, 2018. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law#2018-026 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on March 15, 2018 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-027 BEING A BY-LAW TO AMEND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAWS NO. 2014-099 AND NO. 2014-100 WHEREAS By-Law No. 2014-099 established Water Rates and Water Charges; AND WHEREAS By-Law No. 2014-100 established Sewer Rates and Sewer Surcharge Rates; AND WHEREAS By-Law No. 2014-099 and By-Law No. 2014-100 outline that Connection and Frontage Charges are to be indexed annually in January in accordance with the Statistics Canada Quarterly, Construction Price Statistics, catalogue No. 62-007; AND WHEREAS Statistics Canada no longer produces Construction Price Statistics, catalogue No. 62-007; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Schedule `A' Connection and Frontage Charges of By-Law No. 2014-099 and By-Law No. 2014-100 be amended by striking and removing "catalogue No. 62-007" from Notes 2) and replacing with "catalogue No. 11-001"; 2. AND THAT in all other respects By-law No. 2014-099 and By-law No. 2014-100 are hereby confirmed and remain unchanged; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1St DAY OF MARCH 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-028 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND Verdant WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Verdant for the supply and installation of utility corridor fencing and gates at various locations within the Municipality of Bayham on the Utility Corridor; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between Verdant and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF MARCH 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-029 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND FRANKLIN CONSTRUCTION WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Franklin Construction for the supply and installation of fencing and gate at Richmond Community Park, Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between Franklin Construction and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1St DAY OF MARCH 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-030 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND MOBIL SERVICES INC. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Mobil Services Inc. for pavement marking services at various locations within the Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between Mobil Services Inc. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1St DAY OF MARCH 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-031 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND FRANKLIN CONSTRUCTION WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Franklin Construction for the reconstruction of the Port Burwell Library Accessible Ramp, Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between Franklin Construction and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1St DAY OF MARCH 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-032 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD MARCH 1, 2018 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held March 1, 2018 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by- law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1St DAY OF MARCH, 2018. MAYOR CLERK