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Home My WebLink AboutMay 23, 2024 - Property Standards CommitteeTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM PROPERTY STANDARDS COMMITTEE AGENDA TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Thursday, May 23, 2024 10:30 a.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. October 26, 2023 Property Standards Committee Meeting – OTC-23-001 4. ORDER & APPEAL A. Order OTC-24-001: 8204 Owl Cage Road 5. PROPERTY STANDARDS OFFICER STATEMENT 6. APPELLANT STATEMENT 7. COMMITTEE MEMBER QUESTIONS 8. CLOSING SUMMARY STATEMENTS 9. DECISION 10. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PROPERTY STANDARDS COMMITTEE MINUTES TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Thursday, October 26, 2023 10:00 a.m. PRESENT: CHAIR WAYNE MURRAY COMMITTEE MEMBERS VAL DONNELL DEBBIE HAYWARD CINDY STEWART PATRICIA CHATTERSON STAFF ATTENDANCE: CLERK MEAGAN ELLIOTT BY-LAW ENFORCEMENT / PROPERTY STANDARDS OFFICER STEPHEN MILLER CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND 1. CALL TO ORDER Moved by: Committee Member Donnell Seconded by: Committee Member Hayward THAT Wayne Murray be appointed as Chair for the October 26, 2023 Property Standards Meeting. CARRIED Chair Murray called the meeting to order at 10:03 a.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) 4. ORDER & APPEAL A. Order OTC-23-001: 54817 Ottergate Line The Clerk reviewed the process of the hearings noting that following the By-law Enforcement Officer’s report the appellant will have the opportunity to address the Committee and speak to the appeal. The Committee may ask questions of the officer and/or the appellant. Each party will have an opportunity to provide a closing summary statement prior to a decision by the Committee. 2 5. PROPERTY STANDARDS OFFICER STATEMENT Stephen Miller, Municipal Law Enforcement & Property Standards Officer, provided the background and details of the Order to Comply OTC-23-001. S. Miller noted that since the Order, the tenants previously occupying the building have since vacated and provided a recommendation to the Committee for modifying the Order and timelines. 6. APPELLANT STATEMENT Lisa Gilvesy, acting as agent for the property owner of 54817 Ottergate Line provided reasoning for the appeal. L. Gilvesy noted the property owners had provided notice to the tenants to vacate. Property Owners Calvin and Melvin Baldwin provided a history of the situation with the tenants. 7. COMMITTEE MEMBER QUESTIONS Committee Member Donnell asked if there is an order to demolish will there be an expense to the Municipality. S. Miller responded that an application would need to be made under the Building Code Act for demolition through the Municipality. 8. CLOSING SUMMARY STATEMENTS S. Miller noted that he is happy that the file is moving forward. 9. DECISION Moved by: Committee Member Chatterson Seconded by: Committee Member Donnell THAT the Municipality of Bayham Property Standard’s Committee extends the timeline for items 1-8 within Schedule B of Order OTC-23-001 to April 26, 2024; AND THAT Order OTC-23-001 be modified to include the following additional items to be completed by November 23, 2023:  Addition of clear rubbish, garbage and debris  Addition of turning off water, electrical and gas except as required for security and maintenance  Addition of boarding up the building by covering all openings which entry may be obtained with weather-proof plywood fastened to the building and painted CARRIED 3 10. ADJOURNMENT Moved by: Committee Member Hayward Seconded by: Committee Member Stewart THAT the Property Standards Committee hereby closes the appeal hearing at 10:33 a.m. CARRIED CHAIR CLERK 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 8 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) John and Janet Fehr 8204 Owl Cage Road, RR 1, Straffordville, Ontario N0J 1Y0 ORDER NUMBER: OTC-24-001 Municipal Address Roll Number Legal Description 8204 Owl Cage Road 34-01-000-003-07700- 0000 Con 5 North Pt Lot 24 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 March 25, 2024. 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 __May 30, 2024. 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 8 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 May 1, 2024. 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 #2023-095. 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 8 This Order to Comply was signed & issued April 17, 2024 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: 8204 Owl Cage Road, RR 1, Straffordville, Ontario N0J 1Y0 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 #2023-095. Any work required will be billed in accordance with Municipality of Bayham By- law #2023-095. 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 on all structures Exterior Walls missing siding and there are holes in the wood, Roofs have missing soffit, Structures are attached to other structures which have fallen down or are in a state of disrepair Obtain a structural engineers report related to the structural soundness and safety of the buildings on the property 2. Property Standards By-law 2018-036 Section 3.3 Septic System Property Owner indicated that the septic system is beneath the structures and toilets don’t flush. Property Owner also stated that the structures have been there since he owned the property but septic was installed under the structures 3 years ago. Get septic system inspected by a qualified septic inspector and ensure it is functioning correctly. 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