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HomeMy WebLinkAboutBy-law No. 2020-071BY-LAW NO. 2020-071 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE PROPERTY STANDARDS COMMITTEE 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 Section 238(2) of the Municipal Act, S.0.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AND WHEREAS it is deemed expedient to establish Rules of Procedure for the Property Standards Committee. NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: SECTION 1 — DEFINITIONS 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: 1.1.1 "Appeal' means an Appeal to the Property Standards Committee of a Property Standards Order; 1.1.2 "Appellant" means an owner or occupant that has been served with a Property Standards Order and who has sent a notice of appeal to the Secretary within the specified time period after being served with the Property Standards Order; 1.1.3 "Building Code" means the Building Code Act, 1992, S.O. 1992, c.23 as amended, and includes the regulations made thereunder; 1.1.4 "Committee" means the Property Standards Committee; 1.1.5 "Corporation" means the Corporation of the Municipality of Bayham; 1.1.6 "Property Standards Order" means an order made under the Property Standards By-law of the Corporation of the Municipality of Bayham; 1.1.7 "Proceeding" means a matter brought before the Committee under the provisions of the By-law or the Building Code Act; 1.1.8 "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; 1.1.9 "Quorum" means the majority of the members of the Property Standards Committee in attendance and eligible to participate; 1.1.10 "Representative" means a person authorized by an Appellant to represent the Appellant; 1.1.11 "Secretary" means the Secretary for the Property Standards Committee, deemed to be the CAOICIerk of the Corporation or designate; 1.1.12 "Statutory Powers Procedure Act' means the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 as amended; SECTION 2 - INTERPRETATION 2.1 These Rules shall apply to all proceedings before the Committee. 2.2 The rules shall function in accordance with By-law No. 2018-100, as amended the Advisory Board & Committee Policy and By-law No. 2018-036 the Property Standards By-law. SECTION 3 - APPLICATION 3.1 These rules apply to every proceeding, subject to the Statutory Powers Procedure Act, and any successor legislation thereto, and any other legislation governing the Committee. 3.2 These Rules do not apply if a statute or the By-law provides for a different procedure to govern proceedings of the Committee in the exercise of its statutory powers of decision. SECTION 4 - MEETINGS 4.1 The Committee shall meet at the request of the Secretary. 4.2 Meetings of the Committee shall be held at the Municipal Office, 56169 Heritage Line, Straffordville, ON, or such other location or medium as the Secretary deems advisable. 4.3 All members of the Committee in attendance at a meeting, including the Chair of the meeting, shall vote on all motions and other questions submitted at a meeting of the Committee, unless a member is prohibited by law from voting. 4.4 The Committee shall review and adopt, with or without amendment, the Minutes of a previous meeting at a subsequent meeting. SECTION 5 — ROLE OF THE SECRETARY 5.1 The Secretary shall keep on file records of all official business of the Committee including records of all applications and minutes of all decisions respecting these applications. 5.2 The Secretary shall provide an agenda before the Hearing to each member of the Committee. SECTION 6 — FAILURE TO COMPLY 6.1 Where a party to a proceeding has not complied in full with any Rules, the Committee may: a) adjourn the proceeding until it is satisfied that such rule or order has been complied with; or b) take such other steps as it considers just and reasonable. 6.2 No proceeding is invalid by reason only of a defect or other irregularity in form. SECTION 7 — REQUEST FOR A HEARING 7.1 Where an Appellant submits a notice of appeal and requests a Hearing before the Committee, the request for a Hearing shall be in writing to the Secretary and shall include: a) a copy of the Property Standards Order appealed from; b) a statement setting out the grounds for the appeal; c) the name, address, telephone number and, where available, email address and facsimile number of the Appellant and Representative, if applicable; d) the non-refundable Appeal Fee of $250. 7.2 When a notice of appeal is received by the Secretary, the Secretary shall confirm that the notice was sent within the allowed appeal period. Late notices are invalid and are disqualified. 7.3 Where an owner or occupant of property that is subject to a Property Standards Order submits a notice of appeal that is not substantially in accordance with these Rules, the Secretary shall send to the owner or occupant or Representative, a letter within twenty (20) calendar days of receipt of the notice of appeal to specify what additional information is required by the Property Standards Committee. If the Secretary does not receive a response to the letter within twenty (20) calendar days of the letter being sent, the Property Standards Committee may consider the attempted Appeal to be abandoned. SECTION 8 — NOTICE OF HEARING 8.1 Where a complete notice of appeal has been submitted as determined by the Secretary, the Secretary shall set the time and place of a Hearing. 8.2 Once a date has been set for a Hearing, it may not be adjourned except by notification from the Secretary. The reason for adjournment must be reasonable andjustified. 8.3 Notice of Hearing shall be sent by the Secretary in writing to all parties affected by the order at least fourteen (14) calendar days in advance of the Hearing. A notice of hearing shall include the time, place and purpose of the Hearing and a statement that, if the Appellant, or Representative if applicable, does not attend the Hearing, the Property Standards Committee may proceed in the absence of the Appellant, or Representative and the Appellant and Representative shall not be entitled to any further notice in the Proceeding. 8.4 Where notice of hearing has been given in accordance with these Rules and the Appellant or Representative do not attend at the Hearing, the Property Standards Committee may proceed in the absence of the Appellant and Representative and the Appellant and Representative are not entitled to further notice in the Proceeding. SECTION 9 — FAILURE TO ATTEND 9.1 Where a person is notified of a Hearing and does not attend at the time and place appointed, the Committee may proceed in that person's absence and without further notice to that person. SECTION 10 - FILING 10.1 Filing of any document, excluding the request for the appeal may be effected by personal delivery, by ordinary or registered mail, or otherwise as the Committee may order, to the Secretary. 10.2 The time frame for filing of any document, excluding the request for the appeal, as evidence at the Hearing, shall be served on all other parties no later than fifteen (15) calendar days before the Hearing date and shall file eight (8) copies of the documents with the Secretary no later than fifteen (15) calendar days before the Hearing date. 10.3 Where a document is filed, the date of the receipt stamp on the document shall be deemed to be the date of the filing, unless the Committee orders otherwise. 10.4 Where the Committee or the Secretary has no record of the receipt of a document alleged to have been filed, the documents shall be deemed not to have been filed, unless the Committee orders otherwise. 10.5 If the Appellant or Representative fails to serve and file a document pursuant to the Rules, the Appellant or Representative may not refer to the document in evidence at the Hearing without the consent of the Committee, which may be subject to terms and conditions that the Committee considersjust. SECTION 11 - EXHIBITS 11.1 All parties to a Hearing shall be required to bring to the Hearing a sufficient number of copies for the Committee, Secretary and opposing counsel of clear photos and/or other documents to be entered as evidence or exhibits. 11.2 Where the Committee is satisfied as to its authenticity, a copy of a document or other thing may be admitted as evidence at a Hearing. SECTION 12 - DISCLOSURE 12.1 At any stage of the Proceeding before completion of the Hearing, the Property Committee may make orders for: a) the exchange of documents; b) the oral or written examination of a Party; c) the exchange of witness statements and reports of expert witnesses; d) the provision of particulars; or, e) any other form of disclosure relative to the subject matter. 12.2 The Committee may not make an order requiring the disclosure of privileged information. 12.3 Individual members of the Committee holding a Hearing shall not have taken part, before the Hearing, in any unauthorized communication, either directly or indirectly in relation to the subject matter of the Hearing, with the Appellant, Representative or any Party or Parties to the Hearing. 12.4 If a Party fails to comply with a production order of the Committee or these Rules, the Party may not refer to the document or thing, or introduce the document or thing, in evidence at the Hearing without leave of the Committee, which may be on terms and conditions as the Committee considers just. SECTION 13 — CONDUCT OF PROCEEDINGS 13.1 A Proceeding shall be conducted in the following order of presentation, unless the Chair directs otherwise: a) The Chair shall call the meeting to order after confirming a Quorum of the Committee and the Secretary is present. b) The Chair shall request interested parties to the Appeal to identify themselves including any other persons who intend to give evidence on behalf of either party to the Appeal. c) The Chair shall explain to those in attendance at the Hearing the format of the Proceeding and the specific purpose of the Hearing. The Chair should advise those present that the Committee will only be considering the compliance and non-compliance of a property or building with respect to the standards of the By- law, and the time granted for compliance. The Hearing is not for determining the resolution of any landlord and tenant disputes. d) The Chair shall ask Committee members in attendance at the Hearing for any declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 as amended or any successor legislation thereto, or other interest in any matter on the agenda for consideration. e) The Property Standards Officer is requested to present the order to comply and related evidence. f) The Property Standards Officer may be questioned by members of the Committee through the Chair to clarify any evidence presented. g) If the Appellant is represented by legal counsel, legal counsel may cross- examine the Property Standards Officer at this time. h) No legal counsel i. If the Appellant is not represented by legal counsel, any questions the Appellant or Representative who is not legal counsel may wish to ask the Property Standards Officer shall be directed to the Committee through the Chair. ii. The Committee may allow the question to be put to the Property Standards Officer or rule that the question is improper or out of order. Other Persons in support of the Order i. After any cross-examination of the Property Standards Officer, the Committee may hear from anyone else who supports the confirmation of the order to comply. ii. Preference in the order of hearing, will be given to those who identified themselves as an "other interested person" at the beginning of the Hearing. iii. The Committee through the Chair, may question the other interested persons giving evidence to clarify any evidence presented. The Appellant or Representative is requested to present evidence with respect to the Appeal; i. The Appellant may be questioned by members of the Committee through the Chair to clarify any evidence presented. ii. The Committee will allow the Appellant or Representative to complete their presentation before asking questions, unless clarification is required before the presentation is completed. iii. If evidence is to be given by anyone other than the Appellant or a witness called by the Appellant, preference of hearing will be given to those who identified themselves as "other interested persons" at the beginning of the Hearing. k. After the Appellant's presentation, the Committee shall hear from anyone else who wishes to make representations before the Committee pertaining to the matter. I. After all of the evidence has been adduced by all parties to the Proceeding, the Property Standards Officer may make a closing address followed by the closing address of the Appellant if he or she decided to do so; and M. Where there are two or more Appellants, the order of presentation shall be as directed by the Chair. n. The Committee shall ensure there is no undue harassment or embarrassment of the witness as he or she is giving evidence and may disallow a question put to the witness that is vexatious or irrelevant to any matter that may be properly inquired into at the Proceeding. SECTION 14 — ADMINISTRATION OF OATHS 14.1 The Chair or any member of the Committee may administer oaths and affirmations for the purpose of any of its proceedings. SECTION 15 - ADJOURNMENT 15.1 A Hearing may be adjourned at the discretion of the Committee upon its own motion or upon the motion of the Appellant or Representative. 15.2 In deciding whether to grant an adjournment or not, the Committee may consider one or more of the following factors: a) the sufficiency of the reasons given for the request to adjourn; b) the timeliness of the request; c) the resources of the Committee; d) the prejudice of the Appellant and of the Representative; e) whether any adjournments have been granted previously; f) the consent of the Appellant or the Representative; and g) any other relevant factor as determined by the Committee. 15.3 The Committee may grant adjournments on such terms and conditions as it considers just. 15.4 The Committee may, in its sole discretion, refuse an adjournment even though the Parties consent. SECTION 16 — COMMITTEE DECISION 16.1 The Committee may decide a) to uphold the order in whole or in part, with no additional time granted for compliance; b) to uphold the order in whole or in part with additional time granted for all or some of the deficiencies to be complied with; c) to remove any items from the order that have already been complied with, or have been determined to be invalid; d) to modify any items within the order in any manner seen fit by the Committee; e) to quash the order, in whole or in part, based on any technical or procedural error; f) to defer a decision to a later date pending the receipt of additional information from any party to the Hearing. 16.2 The Secretary shall prepare a written record of the Hearing including minutes of the Hearing and the decision with conditions, if applicable. SECTION 17 — ORDER CONFIRMATION 17.1 An order that is deemed to be confirmed pursuant to subsection 15.3(2) of the Building Code Act or that is confirmed or modified by the Committee under subsection 15.3(3) of the Building Code Act or a Judge under subsection 15.3(6) of the Building Code Act as the case may be, shall be final and binding upon the owner and occupant who shall carry out the repair or demolition within the time and manner specified in the order. SECTION 18 — EFFECTIVE DATE 18.1 This by-law shall come into force on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME this 16' day of July, 2020.