HomeMy WebLinkAboutBy-law 5943/02THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 5943/02
Being a by-law for prescribing standards for the
maintenance and occupancy of property within the City of
Picketing.
WHEREAS pursuant to section 15.1(3) of the Building CodeAct, S.O. 1992, c. 23, as
amended, the Council of a municipality may pass a by-law for prescribing standards of
maintenance and occupancy of property within the municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART I
1.
(1)
SHORT TITLE
This By-law may be cited as the "Property Standards By-law".
eARTH
2. (1)
(2)
(3)
(4)
3. (1)
(2)
DEFINITIONS AND GENERAL PROVISIONS
Scope
The definitions as set forth under Part 1 of the Building Code Act,
1992, and the definitions as set forth in Section 3 of this By-law
shall apply to the interpretation of this By-law.
Interchangeability - Words used in the present tense include the
future; words in the masculine gender include the feminine and
neuter; the singular number includes the plural and the sing~flar.
Terms Defined - Unless otherwise expressly stated, terms shall, for
the purpose of this section, have the meanings indicated in Section
3.
Terms Not Defined - Where terms are not defined under the Act or
the provisions of this By-law, they shall have the meanings
ascribed to them in the Building Code or, if not defined in the
Building Code, they shah have ascnlxxt to them their ordinary
accepted meanings and such as the context herein may imply.
Definitions
Accessory_ Building - means any building or structure which is
separate from or attached to the main building on the property on
which both are located and the use of which is an accessory to that
of the said main building or property and shall include swimming
pools, private greenhouses, patio shelters and carports.
Basement - means that portion of a building that is partly below
grade, which has half or more of its height, measured from floor to
ceiling above the average exterior finished grade.
(3)
Bathroom - means a room containing a bathtub or shower with or
without a toilet and washbasin.
(4) Building - means,
(a)
a structure occupying an area greater than ten square
metres consisting of a wall, roof and floor or any of them or
a structural system serving the fimction thereof including
all plumbing, works, fixtures and service systems
appurtenant thereto,
(b)
a structure occupying an area of ten square metres or less
that contains plumbing, including the plumbing appurtenant
thereto,
(c) plumbing not located in a structure,
(d) a sewage system, or
(e) structures designated in the Building Code.
(5)
Cellar - means that portion of a building that is partly below grade,
which has less than half of its height, measured from floor to
ceiling above the average exterior finished grade.
(6)
Dwelling Unit -means one or more habitable rooms occupied or
capable of being occurpied as a single, independent and separate
housekeeping unit containing a separate kitchen and sanitary
facilities.
(7)
Garbage - means the animal and vegetable waste, and related waste
products resulting from the handling, preparation, cooking and
consumption of food or drink.
(8)
Good Repair - means good working order and maintained in such a
condition so as to be free from any danger or hazard and not
unsightly by reason of deterioration, damage or defacement.
(9)
Ground Cover - means organic or non-organic material applied to
prevent the erosion of the soil, e.g., concrete, flagstone, gravel,
asphalt, grass or other forms of landscaping.
(10)
Noxious Weed - means any weed classed as noxious by the }Feed
Control Act.
(11) Nuisance - means a condition or use of property which causes or is
likely to cause:
a) a health, accident, fire or similar hazard; or
b)
an appearance or use that is out of keeping with or detracts
from the appearance or enjoyment of neighbouring
properties.
(12)
Person - means an individual, association, firm, partnership,
corporation, trust, incorporated company, corporation created
under the Condominium Act, organization, trustee, or agent, and
the legal representative of a person to whom the context can apply
according to law.
(13)
Property - means a building or structure or part of a building or
structure, and includes the lands and premises appurtenant thereto
and all mobile homes, mobile buildings, mobile structures,
outbuildings, fences and erections thereon whether heretofore or
hereafter erected, and includes vacant property.
(14)
Public Property - means land, premises and all outbuildings,
fences, steps, walks, walkways, driveways, parking spaces,
erections, or part of any of them, located thereon whether
heretofore or hereafter erected or constructed, owned by, leased to,
or under the jurisdiction and control of any of:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
the City, or any local board thereof;
the City of Pickering Public Library Board;
the Picketing Hydro-Electric Commission;
the Regional Municipality of Durham or any
commission thereof;
the Durham Board of Education;
the Durham Roman Catholic Separate School Board;
the Toronto and Region Conservation Authority;
the Central Lake Ontario Conservation Authority.
board or
(15)
Rooming Unit - means one or more habitable rooms with shared
bathrooms or toilet rooms and with or without cooking or eating
facilities, which are rented for gain.
(16)
Rubbish - means any combustible or non-combustible discarded or
waste materials except garbage.
(17)
Salvage Yard - includes a scrap yard, junk yard, and wrecking
yard, whether or not an active business is carded on therein or
such yard is used for storage purposes.
(18)
Structure - means a structure as defined by the Zoning By-laws of
the City of Pickering as amended from time to time.
(19)
Structurally Sound - means construction capable of withstanding
the forces acting thereon when the building or structure is loaded
in accordance with the provisions of the Building Code and having
a factor of safety equivalent to that required by the Building Code.
(20) Toilet Room - means a room in which a toilet or sanitary unit and
washbasin are installed.
(21) Unsafe Condition - means any condition that is likely to cause risk
to the life, limb or health of any person on or about the property.
(22)
Yard- means the land around or appurtenant to the whole or any
part of a property and used or capable of being used in connection
with the property.
PART III GENERAL - MINIMUM MAINTENANCE, REPAIR AND
OCCUPANCY STANDARDS FOR ALL PROPERTIES
EXTERIOR AREAS
Maintenance of Yards and Vacant Lots
All yards shall be kept clean and free'of rubbish, garbage, litter or other
debris and free from objects or conditions that may create an unsafe
condition.
5. All yards shall be free of dilapidated or collapsed structures.
All yards shall be kept clean and free from termites, wood eating insects,
rodents, vermin and other pests and any condition which might result in
the harbouring of such pests.
All yards, except those used in connection with active agricultural
operations, shall be protected by ground cover which prevents erosion of
the soil.
Plants, vegetation and grass shall be kept trimmed or maintained so as not
to become a nuisance. Heavy undergrowth and noxious weeds shall be
controlled.
Hedges, trees or other plantings shall be maintained in a living condition,
and shall be removed within a reasonable time after their death.
Buffering
10.
A property which, because of its use or occupancy, creates a nuisance to
the occupants of adjacent properties or to the users of streets, parks or
public property shall be buffered from such streets, parks or public
property to eliminate the nuisance.
11.
Without limiting the generality of the foregoing, such buffering may
include:
the provision and maintenance of an effective barrier to prevent
lighting and vehicle headlights from shining directly into a
dwelling unit or rooming unit;
b)
the provision and maintenance of an effective barrier to prevent
wind-blown rubbish, litter, debris and the like from encroaching
onto the adjacent lands and premises;
c)
the provision and maintenance of a visual screen, appropriate with
the nature of the adjacent uses, to minimize the visual impact; and
d) the provision and maintenance of noise alleviation measures.
Accessory Buildings and Structures
12.
An accessory building, its foundations, walls, roofs and all other parts
thereof, and other structures appurtenant to the main building, shall be
maintained in good repair and free from objects or conditions that may
create an unsafe condition.
Craneways~ Gantries~ Lightning Arrestors, Television and Radio Antennae
and Structures of Similar Character
13.
Craneways,, gantries, lightning arrestors, television and radio antennae
and structures of similar character shall be kept in good repair and free
from objects or conditions that may create an unsafe condition.
Signs
14. Signs and sign structures shall be kept:
a)
b)
c)
in good repair;
free from any unsafe condition; and
free from any defacement.
Parking, Walkwa,ys and Safe Passage
15.
All areas on a property used by vehicles for access, egress and parking
shall be surfaced with suitable material so that those areas are free from
dust, ponding, puddles and any unsafe condition.
Walkways, driveways, ramps, loading docks, parking areas and outside
stairs and landings shall be cleared of accumulations of snow and ice.
Walkways shall be resurfaced as often as necessary to maintain a
reasonably smooth, slip-free and safe condition for pedestrian traffic.
Garbage and Rubbish Disposal
16. Garbage and rubbish shall be disposed of by lawful means.
17.
Every building shall be provided with sufficient receptacles to contain all
garbage and rubbish.
18.
Every building shall be provided with rodent-proof storage space for
garbage and rubbish.
19.
Receptacles shall be made of metal or plastic or other such material of
water tight construction, provided with tight fitting cover and shall be kept
clean.
20.
Garbage and rubbish shall not be allowed to accumulate and shall be
removed or made available for removal in accordance with City of
Picketing Garbage Collection By-laws.
21. External containers and receptacles shall be screened from public view.
BUILDING EXTERIOR
Structural Capaci .ty
22.
Every part of a property, building or structure, shall be kept structurally
sound.
23.
Materials forming part of a building or structure, which show damage or
evidence of decay or other deterioration shall be repaired or replaced.
Exteriors
24.
All exterior surfaces, including those that have been painted, stained,
varnished or which have received other similar protective finishes, shall be
maintained in good repair.
25.
Appropriate measures shall be taken to remove graffiti or any other
defacement occurring on the exposed finished exterior surfaces and, where
necessary, to restore the surface and adjacent areas to, as near as possible,
their appearance before the defacement occurred.
26.
In the event of fire or other disaster, subject to Section 27, measures shall
be taken as soon as possible to restore the damaged building or structure
to a state of good repair.
27.
In the event the building or structure cannot be restored to a state of good
repair, then the building or structure shall be demolished and the land
shall be cleared of all remains and left in a graded, level and tidy
condition.
Roofs and Roof Structures
28. The roof of a building or structure shall be kept:
a)
b)
c)
in good repair;
free from any unsafe condition; and
free from accumulation of ice and snow.
29.
The following shall be kept in good repair and free from any unsafe
condition:
a)
b)
c)
d)
roof decks and related guards;
every eavestrough, roof gutter and downpipe;
chimneys, smoke or vent stacks; and
other roof structures.
Exterior Walls, Columns and Beams
30. The exterior wall of a building or structure shall be kept:
a)
b)
in good repair; and
free from any unsafe condition.
31. Exterior columns, beams and decorative trim shall be maintained:
a)
b)
in good repair; and
free from any unsafe condition.
Exterior Doors, Windows and Other Openings
32.
Rotted or damaged doors, door frames, window frames, sashes and casing,
broken glass and missing or defective door and window hardware shall be
repaired or replaced.
33.
Exterior windows, shutters, doors, hatchways and all other exterior
openings in a building or structure shall be kept in good repair and free
from any unsafe condition.
Exterior stairs, Verandahs, Porches, Decks, Loading Docks and Balconies
34.
Every exterior stair, verandah, porch, deck, loading dock, balcony and
every appurtenance attached thereto shall be kept in good repair and free
from any unsafe condition.
Foundation
35.
Every foundation forming a part of a building or structure shall be kept in
good repair so as to prevent settlement detrimental to the safety or the
appearance of the building or structure and so as to prevent the entrance of
moisture, insects or rodents into the building or structure.
Sewage and Drainage
36.
Inadequately treated sewage shall not be discharged onto the surface of the
ground, or into a natural or an artificial drainage system.
37.
Rain water downspouts and eavestroughs shall not be discharged directly
onto sidewalks, stairs or any adjacent property.
38. Storm water shall be drained from the lands so as to prevent:
a)
b)
the collection of stagnant water; and
its entrance into a basement or cellar.
BUILDING INTERIOR
Unoccupied Buildings
39.
Where any building is unoccupied, the owner shall protect every such
building against the risk of an unsafe condition and shall reasonably
prevent the entrance therein by all unauthorized persons.
40.
Where a building remains unoccupied or vacant, the owner shall ensure
that all utilities servicing the building are properly disconnected or
otherwise secured, to prevent accidental damage to the building or
adjacent property.
41.
Section 40 does not apply where such utilities are necessary for the safety
of the building.
Underground Parking Garages
42.
Underground parking garages shall be kept free from any unsafe condition
and shall be maintained in accordance with the requirements of the
Building Code.
43.
All underground parking garages shall be adequately lighted at all times.
Lighting in underground parking garages shall be considered to be
adequate if the number and arrangement of light fixtures is such as to
provide an average level of illumination of at least 53.82 lux (5 foot
candles) at floor level over the entire floor area with a minimum level of
21.5 lux (2 foot candles) and have a maximum to average ratio of 3:1 at
any location of the floor.
44.
Lighting fixtures in all underground parking garages shall be protected
from accidental or malicious damage by the provisions of wire screens or
by other suitable means.
45.
No machinery, boats, vehicles, including trailers, or parts thereof which
are unlicensed, wrecked or abandoned shall be parked, stored or allowed
to remain in an underground parking garage.
Health and Occupancy
46.
A building shall be kept free of rodents and vermin at all times and
methods for exterminating rodents or vermin or both shall be in
accordance with all applicable legislation, including any By-laws of the
City of Pickering.
47.
Interior floors, ceilings and hallways shall be kept free from dampness by
means of floor drains, ventilation or other approved means.
Access and Egress from Interior Building Areas
48. Every building shall have a means of access so as to provide a safe and
direct unobstructed means of egress from thc interior of such building to
an exit at street or grade level without the necessity of passing through any
room or rooms that is or arc occupied by or are under the control of any
other person.
49. Where a building contains a second rooming unit located other than on the
ground floor of the said building, there shall be a secondary means of
egress to an exit at street or grade level.
50. A means of egress as referred to in section 48 and 49 shall not pass
through an attached garage, a built-in garage, or an enclosed part of any
other building.
51. All safety equipment relating to exits and means of egress shall be kept in
good repair.
52. Stairways and landings shall be structurally sound and kept in good
repair.
53. Balustrades and handrails and supporting structures shall be structurally
sound and kept in good repair.
Stairs, Porches and Landings
54. Every inside stair and every appurtenance to it shall be structurally sound
and kept in good repair.
Interior Surfaces including Walls, Floors and Ceilings
55. Exposed interior surfaces other than those within a dwelling unit shall be
kept:
a) in good repair;
b) clean, for normal use or occupancy or the room, passageway,
enclosure or space;
56. Common areas of buildings shall be kept free of defacement.
Doors and Windows
57. Interior doors and door frames and all related hardware shall be kept in
good repair.
Li~htin~
58. Adequate lighting fixtures shall be installed and maintained in all areas so
that activities normally carried out in such areas can be undertaken in
safety.
59. Artificial lighting shall be provided and kept in good repair in every
stairway, hall and passageway, in every room in which plumbing fixtures
are installed, and in every furnace room and boiler room.
9
Heating Systems
60. A room heater shall be placed so as not to cause any unsafe condition.
61.
Fireplaces and similar installations used or intended to be used for burning
fuels in open fire shall be connected to a smoke pipe, chimney, flue or gas
vent and shall be installed so that adjacent combustible materials and any
structural supports shall not be heated so as to cause any unsafe condition.
62. Fuel burning appliances shall:
a)
b)
c)
have ample air supply to permit combustion to occur;
be located in such a manner as to prevent impediment to the free
movement of persons and the overheating of adjacent materials
and equipment; and
be provided with guards where necessary to minimize risk of
accidents and fire hazards.
63.
Where a heating system, heating equipment or any auxiliary heating units
bum solid or liquid fuel, a place or receptacle adequate for the storage of
such fuel shall be provided and maintained in an authorized location and
shall be constructed and kept free of any unsafe condition.
64.
An appliance that bums fuel shall be effectively vented to the outside air
by means of a chimney, a flue, a smoke pipe, a vent pipe or as otherwise
may be permitted by the Building Code, except that such venting is not
required for appliances that are designed, constructed and used so as not to
require venting.
65. All connections between:
a)
b)
c)
heating equipment; or
cooking equipment that bums or is designed or intended to bum
liquid or gaseous fuel, and
the source of liquid or gaseous fuel
shall be kept in good repair.
Electrical Systems
66.
The capacity of the connection to the building and the system of circuits
distributing the electrical supply within the building shall be adequate for
the use and intended use and shall be in compliance with all applicable
legislation and regulations.
67.
Electrical wiring, cords, circuits, fuses, circuit breakers, electrical
equipment and electrical heating systems shall be installed and kept in
good repair and free from any unsafe condition.
Plumbing and Fixtures
68.
All plumbing, plumbing fixtures and drainage systems shall be installed
and kept:
a)
b)
without cross connections to the potable water supply;
in good repair.
69.
Toilet rooms shall be located and enclosed so as to provide both
accessibility and privacy.
10
70.
71.
Toilet rooms shall be regularly cleaned so as to be maintained in a clean
and sanitary condition.
Bathrooms and toilet rooms shall be kept in good repair and in a sanitary
condition.
Ventilation
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
Every bathroom or toilet room shall be provided with an opening or
openings for natural ventilation located in an exterior wall or through
moveable parts of the skylights providing a minimum aggregate
unobstructed free flow area of 0.3 square metres, provided, however, that
an opening for natural ventilation may be omitted where a system of
mechanical ventilation has been provided, such as an electric fan with a
duct leading to outside the building which operates continuously or is
activated by the light switch for the bathroom or toilet room, or by other
approved means.
Where an aperture such as a window, skylight or louvre is used for
ventilation, the aperture shall be maintained so as to be easily opened, kept
open or closed, and all systems of mechanical ventilation or air
conditioning shall be kept in good repair.
Every attic, basement, cellar and unheated crawl space shall be adequately
vented to the outside air. These areas shall be deemed to be adequately
vented when in a basement or cellar, windows which can be opened or
screened openings are provided, the aggregate area of which shall not be
less than one (1) percent of the floor area and for an unheated crawl space,
a number of louvres with insect screen of corrosion resistant material are
provided.
Sufficient ventilation shall be provided to all areas so as to prevent
accumulations of heat, dust, vapours, odours, carbon monoxide and other
gases likely to create an unsafe condition.
Air conditioning shall be equipped with adequate devices to prohibit
condensation drainage onto entranceways, sidewalks or pathways.
Where a ventilation system is installed, it shall be maintained so as to
prevent, in an emergency, the rapid spread of heat, flame or smoke
through the system.
Air for ventilation purposes shall be taken from the exterior of the building
or shall be quality controlled.
Air intake openings shall be located so as to minimize the possibility of
fire, smoke, fumes or foreign matter being drawn into the building and
shall provide air from an uncontaminated source.
Exhaust openings shall be located so that the exhaust air will not create an
unsafe condition.
Exhaust air, the contents of which may contain odours, fumes or vapours,
shall not be circulated to other occupied spaces within a building or
accessory building.
11
PART IV
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
RESIDENTIAL PROPERTIES - ADDITIONAL STANDARDS
Maintenance of Yards
Any vehicles, including a trailer or boat, or mechanical equipment, which
is in a wrecked, discarded, dismantled or abandoned condition shall not be
parked, stored or left in a yard.
There shall be a surfaced pedestrian walkway leading fi.om every building
to the street. A surfaced driveway in excess of 2.5 metres in width may
form part of the walkway.
Egress
Every dwelling unit shall have direct primary and secondary access to a
safe, continuous and unobstructed exit from the interior of the building to
its exterior at street or grade level.
The direct access referred to in section 84 shall not pass through any other
dwelling unit.
All doors located along the access route referred to in section 84 shall be
constructed so as to be readily opened, without the use of a key, in the
direction of exit travel.
Heating
Every dwelling unit shall be provided with a heating system capable of
room temperature between 20°C and 26°C in habitable rooms, bathrooms
and toilet rooms and shall, at all times, be maintained at a minimum
temperature of 18°C in habitable rooms, bathrooms and toilet rooms.
Plumbing, Plumbing Fixtures and Kitchen Facilities
Every dwelling unit shall contain plumbing fixtures consisting of at least:
a) a toilet;
b) a kitchen sink;
c) a wash basin; and
d) a bathtub or shower.
Below grade floors shall be adequately drained so as to prevent the
ponding of water on the floor surface.
Kitchen Facilities
Every sink required by this by-law shall have an adequate supply of
running water and shall be connected to the drainage system.
The counter top and back splash, if any, around the kitchen sink shall have
an impervious surface.
Every kitchen shall be provided with an adequate and approved fuel or
electrical supply.
Every dwelling unit shall be equipped with cooking apparatus which shall
be kept in good repair.
Any cooking apparatus shall have at least 0.6 metres clear space above
any exposed cooking surface.
12
95.
96.
97.
98.
99.
100.
101.
102.
Bathrooms and Toilet Rooms
All bathrooms and toilet rooms shall be located within and accessible
from inside the building.
The occupants of not more than two (2) dwelling units may share a
bathroom or toilet room, provided;
a) not more than a total of eight (8) persons occupy both dwelling
units.
b) direct access to the bathroom or toilet room shall be gained from
each dwelling unit.
In a building containing rooming units there shall be a toilet, wash basin
and bathtub or shower for every eight (8) occupants or portion thereof and
the facilities shall be located on the same storey as, or on the next storey
up or down from the storey on which each rooming unit is located.
Water Supply and Facilities
Every building shall be provided with an adequate supply of potable water
from a source approved by the Medical Officer of Health.
Every sink, wash basin, bathtub or shower required by this section shall
have an adequate supply of hot and cold running water relative to the
occupancy of the building.
Adequate running water shall be supplied to every toilet and sanitary unit.
In multiple occupancy buildings, doors connecting dwelling units to an
entrance or exit system shared in common with other dwelling units shall
have locking devices and maintained in operative repair. Access doors, as
above, shall afford the occupants of the dwelling unit with a reasonable
degree of privacy and safety.
All windows in dwelling units contained in multiple occupancy buildings
shall be screened, and latched or secured in order to prevent their removal
or opening by small children.
PART V NON - RESIDENTIAL PROPERTIES - ADDITIONAL STANDARDS
103.
104.
105.
Maintenance of Yards
No vehicles, trailers, boats or mechanical equipment which is in a
wrecked, discarded, dismantled or abandoned condition shall be parked,
stored or left in a yard unless such vehicle, trailer or mechanical
equipment is required for a lawful business purpose.
Where a lawful business requires outdoor storage for any purpose, and
such outdoor storage is permitted, the area shall be defined and enclosed
with a fence according to the requirements of the applicable by-laws of the
City of Pickering.
All outdoor salvage yards shall be obscured by screening. Such screening
shall be of uniform construction and meet the requirements of the
applicable by-laws of the City of Picketing.
13
106.
107.
108.
109.
110.
111.
112.
Heating Systems
A heating system shall be provided in a non-residential building, kept in
good repair and free from any unsafe condition.
In non-residential buildings where persons are employed in duties and
operations in an enclosed space or room who are not engaged in active
physical activity, a heating system shall be provided capable of
maintaining, during normal hours of occupancy sufficient heat to maintain
an average room temperature between 20°C and 26°C.
Ventilation
Sufficient ventilation shall be provided to all parts of a building so as to
prevent accumulations of heat, dust, vapours, odours, carbon monoxide
and other gases likely to create an unsafe condition.
If mechanical ventilation is provided it shall change the air at lease once
each hour and, if necessary, more frequently.
Toilet Room Facilities
Buildings where people work shall have toilet rooms supplied with hot and
cold running water in accordance with the Occupational Health and
Safety/lct, located in an enclosed room or rooms that are conveniently
accessible to employees.
Each toilet room shall be provided with toilet paper, soap, individual paper
towels or other means of drying, and suitable deodorizing material.
All toilet rooms shall be fully enclosed and with a door capable of being
locked so as to provide privacy for the persons using such.
PART VI
113.
114.
115.
116.
117.
118.
119.
PROPERTY STANDARDS COMMITTEE
There shall be appointed by the Council of the Corporation of the City of
Picketing a Property Standards Committee composed of three (3)
members, who shall each be appointed for the three (3) year term.
The Committee shall elect a Chairperson and any member of the
Committee may hold this position. When the Chairperson is absent
through illness or otherwise, the Committee may appoint another member
as acting Chairperson.
In the event of a vacancy in the membership in the Committee, Council
shall forthwith fill the vacancy by appointment of another eligible person
to sit for the unexpired portion of the tenn.
Two (2) members of the Committee constitute a quorum.
The members of the Committee shall be paid such compensation as
Council, by by-law, may provide.
Council shall provide for a secretary for the Committee.
The secretary shall keep on file records of all official business of the
Committee, including records of all applications and minutes of all
decisions respecting those applications, and section 74 of the Municipal
Act applies with necessary modifications to the minutes and records.
14
120.
121.
The Committee may adopt its own rules of procedure.
When the Committee is required to give Notice it shall provide or direct
that Notice be given of the hearing of an appeal to such person or persons
as the Committee considers advisable.
PART VII
122.
123.
124.
125.
126.
ADMINISTRATION AND ENFORCEMENT
General Provisions
No person shall use or occupy, or allow the use of or occupancy of, any
property which does not comply with the provisions of this By-law.
No person shall obstruct the visibility of an Order and no person shall
remove a copy of an Order posted under this By-law unless authorized to
do so by an Officer.
Where a provision of this By-law conflicts with a provision of any other
By-law of the City or any applicable statute or regulation, the provisions
that establishes the higher standards to protect the health, safety and
welfare of the general public shall prevail.
Proper .ty Standards Officers
Council shall appoint Property Standards Officers who shall be
responsible for the administration and enforcement of this By-law, under
the general direction of the Manager of the By-law Enforcement Services
Division.
Any employee, agent, inspector or Officer of the City and any Health
Inspector of the Region of Durham is hereby authorized to act as an
assistant to an Officer from time to time.
PART VII
127.
128.
ORDERS
Order
An Officer may, upon producing proper identification, enter upon any
property at any reasonable time without a warrant for the purpose of
inspecting the property to determine,
(a)
whether the property conforms with the standards prescribed
herein; or
(b) whether an Order made under Section 128 has been complied with.
An Officer who finds that a property does not conform with any of the
standards prescribed herein, may make an Order,
(a)
stating the municipal address or the legal description of such
property;
giving reasonable particulars of the repairs to be made or stating
that the site is to be cleared of all buildings, structures, debris or
refuse and left in a graded and levelled condition;
15
(c)
indicating the time for complying with the terms and conditions of
the Order and giving notice that, if the repair or clearance is not
carded out within that time, the City may carry out the repair or
clearance at the owner's expense; and
(d) indicating the final date for giving notice of appeal from the Order.
Service
129.
The Order shall be served on the owner of the property and such other
persons affected by it as the Officer determines and a copy of the Order
may be posted on the property.
Emergency Orders
130.
If upon inspection of a property the Officer is satisfied that there is non-
conformity with the standards herein 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
remedial repairs or other work to be carried out immediately to terminate
the danger.
Certificate of Compliance
131.
Where the property, in the opinion of an Officer, complies with this By-
law, an Officer shall issue a Certificate of Compliance to an owner who
requests one.
PART VIH APPEAL
132.
Any person served with an Order, except an Emergency Order, may
appeal the order by submitting a Notice of Appeal to the Secretary of the
City's Property Standards Committee in the time frame and manner as
prescribed in the Building Code Act, 1992.
PART IX PENALTY
133.
An owner who fails to comply with an order that is final and binding
under this by-law is guilty of an offence under Section 36(1) of the
Building Code Act, 1992, and is liable to a penalty or penalties as set out
in Section 36 of that Act.
P,ART X ,REPEAL
134. By-law Number 1834/84 is hereby repealed.
By-law read a first, second and third time and finally passed this 21st day of January,
2002.
Wayne Arthurs Mayo ~-~ :' '
Bruce Taylor, Clerk