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BYLAW - Respecting Property Standards - 19990623 - 404499PTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4044-99.P BEING A BY-LAW RESPECTING Property Standards WHEREAS the section 15.1 of the Building Code Act, R.S.O. 1990 c.B.13, as amended, authorizes the passing of a by-law for prescribing standards for the maintenance and occupancy of property within the municipality; AND WHEREAS the Council of the Corporation of the Town of Aurora deems it expedient to repeal By-laws No. 3384-92, 3292-91, 3069-89 and 2732-85 and to enact the within By-law to prescribe standards forthe maintenance and occupancy of property within the Town of Aurora; AND WHEREAS the Town of Aurora has adopted an approved Official Plan, which includes provisions relating to conditions of maintenance and occupancy of property; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: DEFINITIONS Section 1.1 Scope 1.1.1 This By-law applies to all property within the municipality. Section 1.2 Definitions . 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 1.2.8 1.2.9 1.2.10 "Accessory Building"means a structure that is located on the same lot as a main building (and includes a portion of a main building) where such structure or portion of a main building is devoted exclusively to a use that is naturally and normally incidental to and is subordinate to the main use of the lot. "Apartment Building" means a building containing three or more dwelling units, each having access from an internal corridor system. "Approved" means approved by a Property Standards Officer, duly appointed by the Corporation in that regard. "Basement" means the storey or storeys of a building that are located below the first storey. "Bnilding" means a structure occupying an area greater than 10 square metres and consisting of a wall, roof and floor, or a structural system serving the function thereof, and every part of the structure that is attached thereto. "Clean and Sanitary" means clean and sanitary to the satisfaction of the Medical Officer of Health for the Regional Municipality of York or a Public Health Inspector appointed to administer the Health Protection and Promotion Act and Regulations. "Common Rooms" means those areas of a dwelling unit which are used or intended to be used by all occupants of the unit for common living purposes and will includes living, dinning and family rooms. "Corporation" means the Corporation of the Town of Aurora. "Council" means the Council of the Corporation. "Deleterious" means deleterious in the opinion of the Medical Officer of Health 1.2.11 1.2.12 1.2.13 1.2.14 1.2.15 1.2.16 1.,2.17 1.2.18 1.2.19 1.2.20 1.2.21 1.2.22 1.2.23 1.2.24 for the Regional Municipality of York. "Demolition" means clearing a property of all structures and refuse and leaving such property in a level, graded condition and "demolish" shall have the same meaning. "Dwelling" means a building or structure any part of which is used or is designed or constructed to be used for the purpose of human habitation and "dwelling" includes a building or structure that is designed or constructed for human habitation, despite its state of disrepair or incomplete construction. "Dwelling Unit" includes a room or suite of rooms, used or designed or constructed to be used as a domicile by one or more persons containing cooking, eating, sleeping and sanitary facilities and having a private entrance from outside the building or from a common hallway or stairway inside or outside the building. "Exit" means that part of a means of egress that leads from the floor area it serves, including any doorway leading directly from a floor area to an open public thoroughfare or to an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare. "Fire-Resistance Rating" means the time in hours or a fraction thereof that a material will withstand the passage of flame or the transmission of heat when exposed to fire under specified conditions of test and performance criteria or as determined by extension or interpretation of information derived therefrom as prescribed in the. Ontario Building Code. "First Storey" means the storey of a structure having its floor closest to grade and having its ceiling more than 1.8 metres (6 feet) above grade. "Floor Area" means the space on any storey of a building between the exterior walls and required fire walls, including the space occupied by interior walls and partitions, but not including exits and vertical service spaces that pierce the storey. "Grade" means the average level of proposed or finished ground adjoining a building at all exterior walls. "Ground Cover" means organic or non-organic material and includes concrete, flagstone, gravel, asphalt, grass or other forms of landscaping. "Guard" means a barrier around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations designed to attempt to prevent accidental falls from one level to another. "Habitable Room" means any room in a dwelling unit used or capable of being used for living, sleeping, cooking or eating purposes. "Injurious" means injurious in the opinion of the Medical Officer of Health for the Regional Municipality of York. "Keep" means to own or manage a property, and an agent or lessee who, under the terms of a lease, is required to repair and maintain the property, keeps such property. "Means of Egress" means a continuous path of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other egress facility or combination thereof, for the escape of persons from any point in a building, floor area, room or contained open space to an open public 2 1.2.25 1.2.26 1.2.27 1.2.28 1.2.29 1.2.30 1.2.31 1.2.32 1.2.33 1.2.34 1.2.35 1.2.36 1.2.37 1.2.38 1.2.39 thoroughfare or to an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare and includes exits and access to exits. "Mixed-Use Building" means a building used in part for residential purposes and in part for non-residential purposes. "Municipality" means the geographic area of the Town of Aurora. "Multiple Dwelling" means a building or portion thereof containing two or more dwelling units and shall include group dwellings either held or maintained under single ownership or established and maintained under the provisions of the Condominium Act or as a Co-operative. "Non-Habitable Room" means any room in a dwelling or dwelling unit other than a habitable room and includes a bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and maintenance of the dwelling for public use, for access to and vertical travel between storeys, and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-law. "Non-Residential Property" means a building or structure or part of a building or structure that is not designed or constructed to be and is not occupied in whole or in part for the purposes of human habitation. "Noxious Weeds" means any weed classed as noxious pursuant to the Noxious Weeds Act of the Province of Ontario. "Nnisance" includes an injurious, offensive or objectionable condition and, without limiting the generality of the foregoing, shall include a condition which is offensive or obnoxious by reason of the emission of gas, fumes, dust, sawdust, or objectionable odour or by reason of the unsightly storage of goods, wares, merchandise, rubbish, salvage, refuse matter, waste or other material. "Occupant" means any person or persons over the age of eighteen years in possession of any property. "Owner" means the owner of any property and includes any person managing or receiving the rent of the property and includes a lessee or occupant of the property who, under the terms of its occupancy, is required to repair and maintain the property and any mortgagee in possession. "Person" includes an individual, firm, corporation, association or partnership. "Plumbing Fixture" means a receptacle or equipment that receives either liquid or sanitary sewage and discharges water liquids or sanitary sewage directly into drainage piping. "Property" means any parcel of land held in separate title and includes any structure or building appurtenant thereto or located thereon. "Property Standards Officer".means a person appointed by Council for the purposes of administering and enforcing this By-law. "Repair" includes 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. "Residential Property" means a building or structure or part of a building or structure that is used or designed or constructed for use as a dwelling unit. 3 1.2.40 1.2.41 1.2.42 1.2.43 1.2.44 1.2.45 1.2.46 1.2.47 1.2.48 1.2.49 1.2.50 . 1.2.51 "Sanitary Unit" means a water closet, urinal, bidet, or bedpan washer. "Sewage System" means the Corporation's sanitary sewer system or a private sewage disposal system that has been approved by the Chief Building Official of the Town. "Sigll" includes any sign as defined within the Corporation's Sign By-law No. 3400-92 and Mobile Sign By-law No. 3447-93, or successor legislation thereto. "Sleeping Quarters" means any habitable room in a dwelling unit used for the purposes of sleeping arrangements for any occupant thereof. "Standards" means the standards of physical condition and of occupancy prescribed for property in this By-law. "Storage Garage" means a structure or part thereof used or designed or constructed for the storage or parking of more than five motor vehicles and which contains no provision for the repair or servicing of such vehicles. "Storey" means the portion of a structure which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it. "Structure" means anything that is erected, built or constructed of parts joining together and affixed or fixed directly or indirectly to the ground, however excluding fences, signs and retaining walls. "Supplied" means installed, furnished or provided by the owner. "Toilet Room," means a room in which sanitary units are installed. "Unsafe" means a condition that could be hazardous to the health or safety of persons in the normal use of a lot , yard or building, persons outside the building or persons whose access to the building has not been reasonably prevented. "Waste" means material or effluent that: · (a) Appears to have been cast aside or discarded or abandoned, whether it is or not; or (b) Appears to be worthless or useless or of no practical value whether it is or not; or (c) Appears to be used up, in whole or in part, or expended or worn out in whole or in part; and includes, but is not limited to: (i) Accumulations, deposits, leavings, litter, remains, rubbish, trash; (ii) Refrigerators, freezers or other appliances, any attached hinges or latching, locking or other closing mechanism or device, or any part thereof; (iii) Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks, or any part thereof; (iv) Inoperative motor vehicles, vehicle parts and accessories; . (v) Paper, cartons; 4 1.2.52 (vi) Furniture; (vii) Crockery; (viii) Sewage; (ix) Salvage materials; (x) Piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable; (xi) Containers of any size, any type or any composition; (xii) Material resulting from, or as part of, construction or demolition projects; (xiii) Rubble, inert fill; and (ixx) Bones, feathers, or hides. "Yard" means the area on a Jot between the nearest main wall of the main building and a Jot line. ADMINISTRATION Section 2.1 Property Standards Committee 2.1.1 A Property Standards Committee (the "committee") is hereby established consisting of not Jess than three and not more than five persons, each of which shall hold a term of office for three years. 2.1.2 The committee is hereby empowered to exercise the authority accorded such a committee pursuant to the Building Code Act S.O. 1992, c.23, as amended. 2.1.3 The Council shall forthwith fill any vacancy that occurs in the membership of the committee. 2.1.4 The members of the committee shall be paid such compensation as the council may provide, from time to time. 2.1.5 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. 2.1.6 A majority of the members constitutes a quorum for transacting the committee's business. 2.1.7 The members shall provide for a secretary for the committee. 2.1.8 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 section 74 of the Municipal Act applies with necessary modifications to the minutes and records. 2.1.9 The committee may, subject to subsection 2.1.10, adopt its own rules of procedure and any member may administer oaths. 2.1.10 The committee shall give notice or direct that notice be given of the hearing of an appeal to such persons as the committee considers advisable Section 2.2 The Property Standards Officer/Certificates of Compliance 5 2.2.1 The Council may, by By-law, appoint a Property Standards Officer(s) responsible for the administration and enforcement of this By-law. 2.1.2 Any Police Officer, Building, Housing, Plumbing, Electrical, Heating or Public Health Inspector or Fire Prevention Officer of the Town or the Corporation of the Regional Municipality of York or a Ministry of the Province of Ontario is hereby authorized to act as an assistant to the Property Standards Officer when required from time to time. 2.1.3 Following the inspection of a property where a violation of any of the provisions of this By-law has been noted, if so requested, the Property Standards Officer shall issue to the owner a certificate of compliance if the property is in compliance with the standards of this By-law following a subsequent inspection. 2.1.4 The fee for a certificate of compliance issued at the request of an owner pursuant to section 2.1.3 shall be as set out in Schedule "A" attached to this By- Law. PROHIBITIONS Section 3.1 General Prohibitions 3.1.1 No person shall keep, occupy or permit the occupancy of any property that does not conform to the standards set out in this By-law. 3.1.2 No person shall remove from any property any sign, notice or placard placed thereon pursuant to the authority of the Building Code Act in relation to this By- law. Section 3.2 Requirement to Reoair or Demolish 3.2.1 No owner of any property, which does not conform to the standards, shall use or occupy or permit the use or occupancy of any property unless such owner repairs and maintains such property to conform to the standards of this By-law. 3.2.2 No owner of any property, having received an Order to demolish respecting a property pursuant to this By-law shall fail to abide by and conform to the terms of that Order. DEMOLITION OR REPAIR BY THE CORPORATION Section 4.1 General Power 4.1.1 If the owner of a property fails to demolish or repair the property in accordance with the requirements of an Order, as confirmed or modified, the Corporation in addition to all other remedies: (a) Shall have the right to demolish or repair the property in accordance with the terms of the Order and for such purpose shall have the right, through its employees, agents or sub contractors to enter in and upon the property; (b) Shall not be liable to compensate the owner, or its tenants or other persons claiming in relation to property by reason of any action taken by or on behalf of the Corporation under the provisions of this By-law; and (c) Shall have a lien on the land for the amount spent on the renovation, repair or demolition under this section and the amount shall be deemed to be municipal real property taxes and may be added by the Municipal Clerk to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. 6 STANDARDS FOR ALL PROPERTIES Section 5.1 Work Standards 5.1.1 All repairs and maintenance of property required pursuant to this By-law shall be carried out in a manner accepted as the applicable standard of good work in the trades concerned and with materials suitable and sufficient for the purpose intended. Section 5.2 Maintenance of Yards 5.2.1 No person shall keep a yard, or that part of the yard that he, she or it occupies or controls, without keeping it clean and free, at all times, from: (a) Brush, waste or other debris and from objects or conditions, such as holes or excavations, that might create a fire, health, or accident safety hazard; (b) Notwithstanding the definition of waste found in this By-law, dismantled or inoperable vehicles, boats or trailers which are being privately renovated, repaired or restored by their owner will be permitted where such vehicles, boats or trailers are stored within a fully enclosed building and provided they do not create an unsightly condition out of character with the surrounding environment; (c) Machinery or parts thereof, or other objects or parts thereof, or accumulation of material that creates an unsafe condition or which is not in keeping with the neighbouring properties; (d) Heavy undergrowth and noxious weeds. For greater certainty, grass and ground covereshall be kept cut to a reasonable length and the cuttings are to be removed and disposed of forthwith after cutting; (e) Dilapidated, collapsed or unfinished structures and from materials that create a nuisance; (f) Injurious insects, termites, rodents, vermin and other pests and any condition which might result in the harbouring of such pests; and (g) Dead, decayed or damaged trees or other natural growth and the branches or limbs thereof. However, nothing contained in this section shall be deemed to prevent the accumulation, storage and keeping in or on any non-residential property, where a lawful business is conducted; where permitted by the Town's Zoning By-law No. 2213-78, as amended, or successor legislation thereto, of such things required for the normal purpose of such business. Section 5.3 Grading, Paving and Snrface Conditions 5.3.1 No person shall keep a yard, or that part of the yard that he, she or it occupies or controls, without keeping it graded, cultivated or protected with a natural or artificial ground cover in a manner that: (a) Prevents excessive or recurrent ponding of storm water; (b) Prevents instability or erosion of soil, and (c) Does not alter existing drainage patterns to adversely affect any abutting property. 7 5.3.2 No person shall keep an area of a yard, or that part of the yard that he, she or it occupies or controls, which is used for steps, walks, vehicular traffic or parking, including loading areas or bays, ramps, curbs, parking spaces or driveways, without keeping it: · (a) Free from dirt, surface dust and refuse; (b) Graded and drained to prevent excessive ponding of water; (c) Maintained free from conditions which would impede the natural flow of water; (d) Free from conditions which prevent passage; and (e) Free from hazard to any person under normal use and weather conditions. Section 5.4 Exterior Lighting and Supports 5.4.1 No person shall keep any portion of a yard, or that part of the yard that he, she or it occupies or controls, without maintaining all standards supporting artificial lights and all exterior lighting, and the connections thereto, in a safe condition, in good repair and in good working order. 5.4.2 No person shall keep any exterior lighting in a yard, or that part of the yard that he, she or it occupies or controls, where it is installed and maintained in such a manner as to allow lighting to shine directly into any dwelling unit windows. Section 5.5 Fences 5,5.1 No person shall allow fences or other structures in a yard unless they are: (a) Maintained in good repair; (b) Maintained in a structurally sound condition and not less than 70 and not more than 100 degrees in the vertical position, unless specifically designed to be other than vertical; (c) Protected from deterioration by the application of paint or other suitable protective materials of uniform colour, or constructed of a material that is inherently resistant to such deterioration; (d) Maintained free from signs, words or other defacement; and (e) Capable of safely performing the function for which they were constructed. Section 5.6 Accessory Buildings and Structures 5.6.1 No person shall keep, occupy, or permit the occupation of a building, accessory building or structure which: (a) Is in a structurally unsound condition so as to be incapable of safely sustaining its own weight and any additional weight that may be put on it through normal use; (b) Is incapable of safely accommodating all normal structural movements without damage, decay or deterioration; (c) Is not clad by exterior surfaces of materials which provide adequate 8 5.6.2. 5.6.3 5.6.4 5.6.5 5.6.6 protection from the weather to prevent the entry of moisture that would contribute to damage, decay or deterioration; or (d) Contains loose, rotten, warped and broken materials and objects. If in the opinion of the Officer there is doubt as to the structural adequacy or condition of a building, accessory building or structure, or parts thereof, the Officer may order that such building, accessory building or structure, or parts thereof, be examined and a written report be prepared by a professional engineer licensed to practice in Ontario. The written report, including drawings, signed and stamped by the engineer and giving details of the findings and proposed repair methods, shall be submitted to the Officer for evaluation. Examination and testing of any building or structure or parts thereof required by sub-section 5. 6. 2 shall be conducted in a manner acceptable to the Officer and at the owner's expense. Details, drawings and specifications pertaining to all temporary shoring and other work deemed necessary by the professional engineer shall be included with the report required by sub-section 5. 6. 2. All work specified by the professional engineer shall be completed in the manner and within the time which shall be specified by the Officer. On completion of all of the work, a report, signed and stamped by the professional engineer that all of the work has been completed to his or her satisfaction, shall be submitted to the Officer. Section 5.7 Fire Damage 5. 7.1 No person shall permit a building, accessory building or structure damaged by fire, storm or by other causes to remain on a property without being either demolished or repaired to its original condition. 5. 7.2 No person shall engage in the demolition or repair of a building, accessory building or structure damaged by fire, storm or by other causes, without: (a) Taking innnediate steps to prevent or remove a condition which might endanger persons on or near the property; (b) Properly supporting and barricading the building, accessory building or · structure until the necessary demolition or repair can be carried out; and (c) Carrying out such repairs or demolition within a time frame established by the Officer, acting reasonably. 5.7.3 No person shall keep, occupy or permit the occupation of any property which contains a building, accessory building or structure where the exterior wall or surface of the building, accessory building or structure, or of the remaining parts of the building, accessory building or structure, have been defaced by smoke or by other causes without removing the defacement, forthwith. Section 5.8 Foundations. Walls. Columns. Beams. Floors. Roof Slabs. Balconies. Openings and Roofs 9 5.8.1 No person shall keep, occupy or permit the occupancy of a building or accessory building unless exterior walls are maintained in good repair, in a manner to prevent deterioration due to weather or insects, and free from: (a) Cracked or broken masonry units; (b) Defective or deteriorated wood or metal siding or trim; (c) Cracked, broken or loose stucco; and (d) Loose or unsecured objects Without limiting the generality of the foregoing, the maintenance of an exterior wall includes the finishing, with a weather resistant material, of all exterior wood and metal work and restoring, repairing or replacing of the wall, brick and mortar, the stucco lathing and plaster, the cladding, the coping and the flashing, and the waterproofing of the walls and joints and, where the masonry units forming an exterior wall, or part of an exterior wall, of a building are faced with a glazed or other decorative surface, all of those units from which the surface has spalled or broken shall be removed and replaced with units having a facing similar to that of the original wall so that the wall presents a uniform and neat appearance. 5.8.2 No person shall keep, occupy or permit the occupancy of a building or accessory building unless: (a) Exterior surfaces, which have been previously covered with paint or other protective or decorative materials, are maintained in good repair and the covering is renewed when it becomes damaged or deteriorated; (b) Metal eavestroughs, rain water pipes, flashing and all exterior metal ducts are kept free from rust by application of suitable protective material such as paint, and renewed when such application is impractical or ineffective; (c) The cladding on the exterior walls consists of masonry stucco, wood, plywood, metal, vinyl or other materials of equivalent strength, durability and fire endurance; (d) Balconies, porches, canopies, marquees, awnings, screens, grills, stairways, fire escapes, pipes, ducts, air conditioners and all other similar equipment, attachments, extensions and their supporting members are: (i) Maintained in good repair; (ii) Free from waste and debris; (iii) Properly and safely anchored; (iv) Protected against deterioration and decay by the application of a weather resistance material such as paint; and (e) All exterior doors, windows, skylights, basement hatchways, including storm windows, are: (i) Maintained in good repair and weather-tight; (ii) Free from rotted or defective members; (iii) Free from defective or missing hardware; 10 (iv) Free from torn, damaged or missing screens; (v) Free from defective or missing weather-stripping or caulking; and (vi) Free from broken or missing glass. (f) Openings in exterior walls, other than doors and windows, are effectively protected by suitable materials to prevent entry of rodents, vermin and insects; (g) Every eavestrough, roof gutter, rain water pipe, fascia, soffit and flashing is kept in good repair, free from obstructions, properly secured and free from accident hazards; and (h) All .roofs are maintained: (i) In a water-tight condition; (ii) Free from loose or unsecured objects or materials; (iii) Free from all other accident, fire or safety hazards; (iv) So that roof decks and related guards are in a good state of repair; and (v) Free from conditions causing or contributing to leaks. Section 5.9 Stairs. Handrails and Guards 5.9.1 No person shall keep, occupy or permit the occupancy of a building or accessory building unless: (a) All stairs, porches and landings, all treads and risers, all guards and handrails, and all supporting structural members thereof are maintained free from defects and accident hazards and capable of supporting all loads in their normal use; (b) All ramps and stairs having more than 3 risers are maintained in accordance with the requirements of the Building Code Act and the Regulations thereto; (c) Guards are installed securely in accordance with the requirements of the Ontario Building Code Act, and the Regulations thereto, and maintained in good repair; and (d) ·Loading bays and platforms are protected by a guard in accordance with the requirements of the Ontario Building Code Act, and the Regulations thereto, and maintained in good repair. Section 5.10 Floors and Protection 5.10.1 No person shall keep, occupy or permit the occupancy of a building or accessory building unless: (a) All floors are maintained in a clean and sanitary condition and free from rubbish and debris; (b) The floors of rooms in which plumbing fixtures are installed are maintained impervious to water and in such a condition as to permit easy cleaning; and 11 (c) Floors are maintained smooth and level and free from warped or decayed boards, cracks, depressions, protrusions, deterioration or other defects. Section 5.11 Nuisance 5.11.1 5.11.2 5.11.3 No person shall permit a nuisance on property which is under his, her or its control, because of its condition or because of its use or occupancy or for any · other reason. No person shall permit the accumulation of litter in or around a property or a portion of a property used for the temporary storage and disposal of garbage and refuse on property which is under his, her or its control. No person shall keep a property or a portion of a property used for the temporary storage and disposal of garbage and refuse in a manner which attracts, or is likely to attract, pests or creates a health or safety hazard. Section 5.12 Unoccupied Property 5.12.1 5.12.2 5.12.3 No person shall permit a building or accessory building to remain unoccupied for a term of greater than 90 days unless: (a) That person has protected the property against the risk of fire, accident or other danger and has effectively prevented the entrance thereto of all unauthorized persons; (b) Where the property has been boarded up, that person has used materials covered and maintained with a preservative which is the same colour as the exterior finish of the building; (c) That person has caused all utilities serving the building to be properly disconnected or otherwise secured to prevent accidental or malicious damage to the building or adjacent property. Subsection 5.12.1(c) does not apply where such utilities are necessary for the safety or security of the building. Where, due to the dilapidated condition of a building it is not practical to maintain same in accordance with this By-law, the building shall be demolished or removed from the property and all materials resulting from the demolition or removal shall be removed from the property in accordance with subsections 5.14.1 and 5.14.2. Section 5.13 Storage Garages . 5.13.1 No person shall keep, occupy or permit the occupancy of any property, or portion of any property, which he, she or it keeps or occupies, to be used as a storage garage unless: (a) It is adequately lighted in accordance with the standards established by regulation to the Building Code Act, as amended, or successor legislation thereto; (b) Every floor, wall, ceiling and stairwell of a storage garage are kept clean and free from rubbish and debris and from objects or conditions that might create a fire, health or accident hazard; and (c) All means of egress within a storage garage are provided with clean, clear, unobstructed and readily visible exit signs for every required exit and same are maintained in good repair. 12 Section 5.14 Demolition 5.14.1 5.14.2 5.14.3 No person shall permit a building, accessory building, fence or other structure on a property, which he, she or it keeps or occupies, to be demolished without clearing the site of all foundation, rubbish, debris, refuse, masonry, lumber and other materials and left in a graded and levelled condition, forthwith after demolition. No person shall permit any foundation, rubbish, debris, refuse, masonry or lumber to remain on a property, which he, she or it keeps or occupies, on which a building, accessory building, fence or other structure has been destroyed by fire or been demolished. No person shall demolish, or cause to be demolished, a building, accessory building or other structure without taking every precaution to protect adjoining properties and members of the public. For the purposes of this subsection, such precautions shall include, but are not limited to, the erection of fences, barricades, covered ways for pedestrians and all other means of protection necessary for the purpose. ADDITIONAL STANDARDS FOR RESIDENTIAL PROPERTffiS Section 6.1 Duties Of Occupants 6.1.1 No person shall keep, occupy or permit the occupancy of a dwelling, or that part of the dwelling that he, she or it occupies or controls without keeping all exits unobstructed and in a clean condition. Section 6.2 Cleanliness 6.2.1 No person shall keep a dwelling, or that part of the dwelling that he, she or it occupies or controls, without keeping the dwelling free of rodents, vermin and insects and from conditions which may encourage infestation by such pests. 6.2.2 ·No person shall keep a property which contains multiple dwellings without keeping every garbage chute, garbage disposal room, garbage storage area, garbage container or receptacle washed and disinfected as often as is necessary to maintain a clean and odour free condition. Section 6.3 Occupancy Standards 6.3.1 No person shall keep, occupy or permit the occupancy of a non-habitable room as a habitable room in a dwelling unit. 6.3.2 No person shall keep, occupy or permit the occupancy of a habitable room which is used for the preparation of meals to be also used as sleeping quarters in a dwelling unit unless the dwelling unit is composed of only two rooms, one of which is a non-habitable room. 6.3.3 No person shall keep, occupy or permit the occupancy of a dwelling unit for residency purposes by a number of persons exceeding the maximum number of persons which may reside in the dwelling unit. For the purposes of this subsection, the maximum number of persons permitted to reside in a dwelling unit shall not exceed one person for each 9 square metres of habitable room floor area. 6.3.4 No person shall keep, occupy or permit the occupancy of a habitable room in a dwelling unit as sleeping quarters unless the habitable room meets the requirements of the Ontario Building Code Act or its Regulations, as amended. 13 6.3.5 No person shall keep, occupy or permit the occupancy of any habitable room in a dwelling unit unless the room is at least 2 square metres in size. 6.3.6 No person shall keep, occupy or permit the occupancy of a habitable room in a dwelling unit without said habitable room having a ceiling height meets the requirements of the Ontario Building Code Act or its Regulations, as amended. 6.3.7 No person shall keep, occupy or permit the occupancy of a basement or portion thereof as a dwelling or dwelling unit unless it meets the following requirements: (a) Each habitable room shall comply with all requirements for ingress, egress, light, ventilation and ceiling height set out in this By-law; (b) Floors and walls are constructed so as to be impervious to leakage of underground and surface run off water; (c) Each habitable room shall be separated from the fuel fired central heating equipment or other similarly hazardous equipment by a fire separation; and (d) Access to each habitable room shall be gained without a passage through a furnace room or boiler room or storage room. 6.3.8 No person shall keep, occupy or permit the occupancy of a habitable room in a dwelling unit which is used for the purposes of the preparation of food without containing a gas or electrical supply, duly approved by the proper approval authority, for cooking purposes. Section 6.4 Doors. Walls and Ceilings 6,4.1 ·No person shall keep, occupy or permit the occupancy of a dwelling or dwelling unit, as the case may be, unless: (a) Interior doors and door frames located in dwellings or dwelling units, including automatic door closures and all necessary hardware, are maintained in good repair to ensure the proper operation and integrity of the door and the door shall be in good fit in its frame. (b) Doors connecting dwelling units to the exterior or to an entrance or exit system shared in common with other dwelling units, have locking devices and other necessary hardware installed and maintained in good repair. Access doors, as above, shall afford the occupants of the dwelling unit with a reasonable degree of privacy and safety and prevent the entry of draughts into the dwelling unit. (c) In the public parts of multiple dwellings, missing, cracked and broken glass in door panels, glass screens, and windows are replaced with glass or similar materials. (d) Every wall and ceiling in a dwelling or in a dwelling unit is maintained so as to be free of holes, cracks, damaged and deteriorated plaster or other material and finished to match the exiting wall or ceiling. (e) Repairs made to the walls and ceiling of a dwelling or dwelling unit are completed in a manner consistent with construction industry standards and each repair is finished to match the existing wall or ceiling. (f) In multiple dwellings, glazed doors, windows and other transparent surfaces in those parts of the building used by the tenants in common, are kept in a reasonably clean condition. 14 (g) Every wall, ceiling, staircase and landing, furnishing, fixture and appliance in a dwelling is kept free from waste and debris. Section 6.5 Plumbing 6.5.1 No person shall keep a building, accessory building or structure containing plumbing, drain pipes, water pipes, plumbing fixtures or a connecting line to the sewage system unless: (a) The plumbing, drain pipes, water pipes, plumbing fixtures or connecting line, as the case may be, comply with the requirements of all applicable governmental regulations; (b) The plumbing, drain pipes, water pipes, plumbing fixtures or connecting line, as the case may be, are maintained in good working order free from leaks or defects and maintained in good working condition and in a clean and sanitary condition; and (c) The plumbing, drainpipes, water pipes, plumbing fixtures or connecting line, as the case may be, is protected from freezing. Section 6.6 Electrical Supply and Lighting 6.6.1 No person shall keep, occupy or permit the occupancy of a dwelling or dwelling unit unless it is connected to an electric supply system and wired for electricity. 6.6.2 No person shall keep, occupy or permit the occupancy of a dwelling, dwelling unit or accessory building unless the electrical wiring, pipes for conducting fuel, alL electrical fixtures, switches, receptacles and connections thereto and all equipment and appliances for use in a dwelling, dwelling unit or accessory building are installed and maintained in good working order so as not to cause a fire or electrical shock hazard and in accordance with all applicable governmental regulations. Section 6.7 Windows and Wall Openings 6.7.1 No person shall keep, occupy or permit the occupancy of any dwelling or dwelling unit unless every habitable room therein, except a room devoted solely to the preparation and storage of food, contains an outside window or windows, which shall be maintained in good repair, and which adhere to the following standards: (a) Have a total light transmitting area of not less than that required by the Ontario Building Code Act or its Regulations, as amended; (b) When designed to open, be easily opened and closed at all times and the area of the opening portion shall comply with the requirements of the Ontario Building Code; and (c) Be provided with effective locking devices. 6. 7.2 Every window of a dwelling unit in which there are resident children of the age of ten or under and which is located above the first storey of a multiple dwelling, is equipped with a safety device to prevent the opening of any part of such window to a width in excess of 100 mm, such devices to be to the requirements of the Ontario Building Code; 6. 7.3 Every window located above the first storey in corridors, stairways and other public areas of a multiple dwelling, that extends to less than 1070 mm above the floor or landing, is protected by a guard of at least 1070 mm in height, having 15 no openings large enough to permit the passage of a spherical object with a diameter of 100 mm and having no member, attachment or opening, which will facilitate climbing, located between 100 mm and 900 mm above the floor or the bottom of the guard; Section 6.8 Ventilation 6.8.1 No person shall keep a multiple dwelling property unless every laundry room, garbage room, corridor, boiler room, storage garage and all parts of the building used by the tenants, in common, are adequately ventilated. 6.8.2 No person shall keep a multiple dwelling property unless any mechanical ventilation system installed for the purpose of providing adequate ventilation in accordance with subsection 6.8.1 is: (a) Maintained in good repair and in good working order; (b) Maintained in a safe condition; and (c) Regularly cleaned. Section 6.9 Means of Egress 6.9.1 No person shall keep, occupy or permit the occupancy of any dwelling unit unless: (a) It has a safe, continuous and unobstructed passage from the interior of the dwelling unit to an exit at or near grade level; and (b) All means of egress are provided with clean, clear, unobstructed and readily visible exit signs for every required exit and maintained in good repair. SUPPLEMENTARY STANDARDS FOR NON-RESIDENTIAL PROPERTIES Section 7.1 Duties of Owners and Occupants 7.1.1 No person shall keep or occupy that part of non-residential property, which he, she or it keeps, occupies or controls, unless the property is maintained in accordance with the following standards: (a) In a clean, sanitary and safe condition, free from litter, refuse and debris including such litter and refuse as may be left by customers or other members of the general public and shall provide containers for the disposal of such litter or refuse; (b) · Free from objects or conditions which are health, fire or accident hazards; and (c) Free from rodents, vermin and injurious insects. Section 7.2 Plumbing 7.2.1 No person shall keep or occupy that part of non-residential property, which he, she or it keeps, occupies or controls, unless: (a) The plumbing fixtures are provided and installed in accordance with the requirements of the Ontario Building Code Act, as amended, and the Regulations thereto, or its successor legislation; (b) All the plumbing, drain pipes, water pipes and plumbing fixtures and 16 every connecting line to the sewage system are: (i) Maintained in good working order; (ii) Free from leaks and defects; (iii) Protected from freezing; and (iv) In compliance with all applicable governmental regulations. (c) All installed plumbing fixtures are: (i) Kept in good repair; (ii) Kept in a clean and sanitary condition; (iii) Connected to a sewage system; and (iv) Provided with an adequate supply of running water. (d) Every sanitary unit contained therein is so located and enclosed as to be easily accessible to, and provide privacy for, the persons using such sanitary units. (e) The paint on walls and ceilings in rooms in which plumbing fixtures are installed is renewed as often as is necessary to prevent cracking or peeling and maintained in a clean and sanitary condition. Section 7.3 Electrical Services and Lighting 7.3.1 No person shall keep or occupy that part of non-residential property, which he, she or it keeps, occupies or controls, unless: (a) The electrical connection to, and the wiring system therein, is installed and maintained: (i) In good working order; (ii) Free from fire and accident hazards; and (iii) In compliance with the requirements of all applicable governmental regulations. (b) A level of illumination is provided and maintained which will adequately protect all persons within the building from health and accident hazards; (c) Artificial lighting is provided and maintained in good working order at all times in every: (i) Stairway; (ii) Hall; (iii) Passageway; (iv) Room in which plumbing fixtures are installed; and (v) Furnace room or boiler room. (d) All electrical fixtures, switches, receptacles and connections thereto are 17 maintained in a safe and complete condition and in working order. Section 7.4 Ventilation 7.4.1 No person shall keep or occupy that part of non-residential property, which he, she or it keeps, occupies or controls, unless all installed mechanical ventilating equipment, and the support for such equipment, is maintained in good repair and in a safe mechanical condition. Section 7.5 Means of Egress 7 .5.1 No person shall keep or occupy that part of non-residential property, which he, she or it keeps, occupies or controls, unless all means of egress are: (a) Maintained free from all obstructions or impediments; and (b) Provided with clean, clear, unobstructed and readily visible exit signs, for every exit. 7.5.2 No person shall keep a building where all means of egress from the non- residential portion of the building pass through any part of any dwelling unit in the building unless the occupant thereof is also the occupant of the non- residential portion. GENERAL MATTERS Section 8.1 Interpretation . 8.1.1 Where a provision of this By-law conflicts with a provision of any other By-law in force in the Town, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall be applicable. Section 8.2 Short Title 8.2.1 This By-law may be cited as the Property Standards By-law. Section 8.3 Contravention 8.3.1 Every person who contravenes a provision of this By-law is guilty of an offence and upon conviction is liable to a fine of not more than $25,000 for a first offence .and to a fine of not more than $50,000 for a subsequent offence, pursuant to the provisions of the Building Code Act, S.O. 1992 c. 23, as amended. 8.3.2 Notwithstanding sub-section 8.3 .1, every corporation who contravenes a provision of this By-law is guilty of an offence and upon conviction is liable to a ·fine of not more than $50,000 for a first offence and $100,000 for a subsequent offence pursuant to the provisions of the Building Code Act, S.O. 1992 c. 23, as amended. Section 8.4 Severability 8.4.1 Each and every one of the provisions of this By-law is severable and 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 then remaining provisions hereof shall remain in full force and effect. Section 8.5 Transitional Provisions 8.5.1 This By-law shall come into force and take effect upon third reading thereof. 18 8.5.2 After the date of passing of this By-law, By-law No. 2732-85, as amended, by By-laws 3069-89, 3292-91 and 3384-92, applies only to properties in respect of which a Notice or Order has been given under By-law No. 2732-85, as amended, prior to the date of passing of this By-law, and then only to such properties until such time as the work required by such Notice or Order has been completed or any enforcement proceedings in respect of such Notice or Order, including demolition or repair by the Municipality, have been concluded. 8.5.3 Except, for the purpose set out in sub-section 8.5 .2 hereof, By-laws No. 2732- 85, 3069-89, 3292-91 and 3384-92 are hereby repealed. Section 8.6 Fees and Charges 8.6.1 Every owner who has failed to comply with a fmal order or notice of violation in relation to standards established in this By-law, issued under the Building Code Act, as amended, shall pay the fees set out in Schedule "A" for each inspection to determine if deficiencies or violations observed on an initial inspection have been corrected where the deficiencies or violations have not been remedied by the time provided for in the notice of violation or order. 8.6.2 Before carrying out the re-inspection of each property for which an owner will be required to pay a fee under subsection 8. 6.1 should the deficiency or violation not be remedied by the time provided therefor in the notice of violation or order, the Corporation shall give the owner of the property a written notice setting out the fees payable. 8.6.3 After the notice under subsection 8.6.2 has been given, no further notice is required for subsequent inspections of the same property relating to the final order or notice of violation . . 8.6.4 The notice referred to in subsection 8.6.2 may be included as a statement in the notice of violation or final order requiring an owner of property to conform with the standards in this By-law or, it may be separately delivered by personal service, upon the person to whom it is directed or by sending it by prepaid registered or certified mail to that person. 8.6.5 Notwithstanding the provisions of subsections 8.6.4, if the fmal order is served by placing a placard in a prominent position on the exterior of the property, the notice under subsection 8.6.2 and/or the interim certificate under subsection 8.6.8 may be served by placing a placard containing the terms of the notice or interim certificate on the property. 8.6.6 Where fees are payable by an owner under subsection 8.6.1, the Corporation shall have a lien for the amount of the fees on the property to which the fee relates. 8. 6. 7 The certificate of the Municipal Clerk of the Corporation as to the total amount of the fees payable is admissible as proof, in the absence of evidence to the contrary, of the total amount of fees payable. 8.6.8 Before the certificate of the Municip~I Clerk is issued, an interim certificate of the Municipal Clerk shall be delivered by personal service, or sent by prepaid registered or certified mail to the owner of the property that is subject to the lien and to all mortgagees or other encumbrancers shown by the records of the land registry office and sheriff's office to have any interest in the property. 8.6.10 The fees payable under this By-law shall be deemed to be municipal real property taxes and may be added by the. Municipal Clerk to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. 19 Section 8. 7 Schedules 8.7.1 Schedule A attached hereto shall form part of this By-Law. READ A FIRST TIME THIS 28'h DAY OF APRIL, 1999. READ A SECOND TIME THIS 12th DAY OF MAY, 1999 READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF JUNE, 1999. ' T. JONES, CLERK 20 SCHEDULE "A" to By-law No. 4044-99.P FEE SCHEDULE Certificate of compliance: For each inspection pursuant to subsection 8.6.1 of the By-law: $50.00 $100.00