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Home My WebLink AboutOctober 26, 2023 - Property Standards CommitteeTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM PROPERTY STANDARDS COMMITTEE AGENDA TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Thursday, October 26, 2023 10:00 a.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) 4. ORDER & APPEAL A. Order OTC-23-001: 54817 Ottergate Line 5. PROPERTY STANDARDS OFFICER STATEMENT 6. APPELLANT STATEMENT 7. COMMITTEE MEMBER QUESTIONS 8. CLOSING SUMMARY STATEMENTS 9. DECISION 10. ADJOURNMENT Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Page 1 of 13 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ORDER OF THE PROPERTY STANDARDS OFFICER (Ontario Building Code Act, S.O. 1992, c.23, Section 15.2(2), as amended) Calvin and Melvin Baldwin 56411 Green Line RR 3, Tillsonburg, Ontario N4G 4G8 ORDER NUMBER: OTC-23- 001 Municipal Address Roll Number Legal Description 54817 Ottergate Line 34-01-000-005-00100- 0000 Con North Gore Pt Lots 8- 10 WHEREAS the property described above is owned by you, or in which you have an interest has been inspected by a Property Standards Officer on August 24, 2023. REPAIRS/CLEARANCE The property described above does not conform with the standards prescribed in Municipality of Bayham By-law # 2018-036, as amended (Property Standards By-law). IT IS HEREBY ORDERED, pursuant to Section 15.2 (2) of the Ontario Building Code Act, S.O. 1992, C.23, as amended, that the violations set out in the attached Schedule B be remedied and the property be brought into compliance with the prescribed standards. Refer to Schedule A for appeal information/ fees and Schedule C for photos of deficiencies. TIME TO COMPLY The terms of the Order must be complied with on or before __October 11, 2023. NOTICE Take notice that if such repair or clearance is not carried out within the time specified in this Order, the Municipality may carry out the repair or clearance at the expense of the owner and place all costs on the tax roll for the property as a priority lien, in accordance with section 1 of the Municipal Act, 2001. APPEAL When the Owner or Occupant upon whom an Order has been served is not satisfied with the terms or conditions of the Order, the Owner or Occupant may appeal to the Property Standards Committee by sending a Notice of Appeal by registered mail to the Secretary of the Committee within fourteen (14) days after service of the Order. Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Page 2 of 13 The address is: The Municipality of Bayham P.O Box 160, 56169 Heritage Line Straffordville, Ontario N0J 1Y0 The final date for giving Notice of Appeal from this Order is September 27, 2023. An Order that is not appealed within the time specified shall be deemed to be confirmed. If an order is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the Municipality may cause the property to be repaired or demolished accordingly. WARRANTLESS ENTRY Employees or agents of the Municipality may enter the property at any reasonable time without a warrant in order to repair or demolish the property. NO LIABILITY The Municipality or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the Municipality in the reasonable exercise of its powers. LIEN The Municipality shall have a lien on the land for the amount spent on the repair or demolition and the amount shall have priority lien status. COSTS A 50$ fee is being added to your tax roll in accordance with Municipality of Bayham By-law #2019-025. FAILURE TO COMPLY (a) Every person who is guilty of an offence if the person fails to comply with an order, direction or other requirement made under the Ontario Building Code Act. (b) A person who is convicted of an offence is liable to a fine of not more than $50,000 for the first offence and to a fine of not more than $100,000 for a subsequent offence. (c) If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $500,000 for the first offence and $1,500,000 for a subsequent offence. Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Page 3 of 13 This Order to Comply was signed & issued September 13, 2023 at Straffordville by ______________________________ Stephen Miller By-law Enforcement Officer Corporation of the Municipality of Bayham 56169 Heritage Line Straffordville, ON N0J 1Y0 E-mail: smiller@bayham.on.ca Phone: 519-866-5521 Ext. 226 Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca SCHEDULE A PROPERTY ADDRESS: 54817 Ottergate Line Eden, ON N0J 1HO APPEAL ORDER OF THE PROPERTY STANDARDS OFFICER If the Order is confirmed by the Property Standards Committee, and the applicant challenges the decision of the committee they may appeal to the Superior Court of Justice by notifying the clerk in writing within 14 days after a copy of the decision is sent from the committee. The Superior Court of Justice has the same powers and function, as the Property Standards Committee to confirm, modify or resend the order or extend the time to comply with the order. If this Order is not complied with in the time specified and the Municipality undertakes to complete the work required, you will be charged 100% of the cost of the necessary work, plus a further administrative fees in accordance with Municipality of Bayham By-law #2019-025. Any work required will be billed in accordance with Municipality of Bayham By- law #2019-025. In addition, please note that you will be invoiced $50.00 for this order, as per the Rates & Fees By-law. PAYABLE Fees are payable to: Municipality of Bayham In person: 56169 Heritage Line, Straffordville, ON By mail: Municipality of Bayham Municipal Law Enforcement P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca SCHEDULE B Items By-law & Section Section Location Violation Required Action 1. Property Standards By-law 2018-036 Section 4.5 Foundation and Exterior Walls, Roofs Exterior Walls missing mortar, bricks pulling away from wall, spalling in concrete foundation with chunks missing, Obtain a structural engineers report related to the structural soundness and safety of the building 2. Property Standards By-law 2018-036 Section 4.16 Upstairs Hallway and Front Bedroom Holes in the front hall Ceiling as well as front bedroom, appears to be water damage Fix or repair holes in the ceiling in the upstairs hallway as well as the front bedroom 3. Property Standards By-law 2018-036 Section 4.38 Basement Furnace not working and is not capable of maintaining an ambient temperature of 21 Degrees Celsius Fix or repair the furnace and bring it into a working order that is capable of maintaining an ambient temperature of 21 degrees Celsius 4. Property Standards By-law 2018-036 Section 4.19 Exterior Front Balcony Exterior Balcony has no railing and is rotted/not structurally sound and is unsafe Permanently secure exterior door which exits from the second level on to the balcony – Repair or remove exterior balcony 5. Property Standards By-law 2018-036 Section 4.35 All electrical systems A fuse panel in basement as well as an electrical panel in the upstairs at the back of the residence Obtain inspection by the Electrical Safety Authority to confirm all electrical system components are in compliance 6. Property Standards By-law 2018-036 Section 4.7 Exterior Porches and Porch Roofs Missing pieces or rotting wood on porch roof areas Repair or remove exterior porches and porch roofs where loose material or rotting is present 7. Property Standards By-law 2018-036 Section 4.4 Shed Structure Collapsed accessory structure not capable of supporting its weight, creates a dangerous condition Repair the building and ensure that it is able to support its weight or Remove the building from the property. 8. Ontario Building Code Act All Sections All necessary repairs To alleviate any violations Follow up with CBO and to obtain any necessary permits Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca SCHEDULE C Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca Cc: Scott Sutherland-CBO, Harry Baranik-Fire Chief, Thomas Thayer-CAO