HomeMy WebLinkAboutBy-law No. 2018-036MUNICIPALITY OF BAYHAM
By -Law No. 2018-036
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. 2018-036
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. 0. 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.
Parkina 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.O.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.
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.
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.
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 15th day of MARCH, 2018. _
Mayor
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OFFICE OF THE REGIONAL SENIORJUSTICE -to '_t.p, CABINET DU JUGE PRINCIPAL REGIONAL
ONTARIO COURT OF JUSTICE0 lcor COUR DE JUSTICE DE L'ONTARIO
WEST REGION t:\s ,; ' REGION DE L' OUEST
s \\\ ' ,
41
80 DUNDAS STREET, 10'h FLOOR, UNIT L tu =.- 80, RUE DUNDAS, 10e ETAGE, UNITE L
LONDON, ONTARIO N6A 6A8 LONDON (ONTARIO) NSA 6A8
TELEPHONE/TELEPHONE (519) 660-2292
FAX/TELECOPIEUR (519) 660-3138
, , jvREt,sE EDSeptember 4, 2018 1) ? 1 ` o '
Stephen H . Gibson COUNTOF ELGIN
County Solicitor ADMINISTRATIVE SERVICES
450 Sunset Drive
St . Thomas , ON N5R 5V1
Dear Mr. Gibson :
Re: Set Fines - Provincial Offences Act - Part I
By- law Number 2018-036 , of the Municipality of Bayham
Enclosed herewith is an original Order, and an original 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 copy of the Order and the schedule of set fines to
the Provincial Offences Court in St . Thomas together with a copy of the
By-law.
Yours truly,
Step en J . Fuerth
Regional Senior Justice
West Region
encl .
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1 1
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
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 . 2018-036,
of the Municipality of Bayham , attached hereto are the set fines for those
• offences . This Order is to take effect September 4, 2018 .
Dated at London this 4th day of September, 2018 .
� 1
Stephen J . Fuerth
Regional Senior Justice
West Region
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