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Home My WebLink AboutKIN 77 4080 Property Standards ~ . . .' . ~? THE CORPORATION OF THE TOWN OF KINC~RDINE BY-LAW NO. 4080 BEING a By-Law for prescribing standartis for the maintenance and occupancy of property within the Town of Kinc~dine, for prohibiting the occupancy or use of such property that does nbt conform to the standards, and for requiring property below the s~andards prescribed herein to be repaired and maintained to comply wi~h the standards or the land thereof to be cleared of all buildings, struþtures, debris or refuse and left in a graded and level condition. WHEREAS the Corporation of the Town o~ Kincardine desires to enact a by-law pursuant to the provisions of Sec~ion 36 of the Planning Act, R.S.O. 1970, Chapter 349 and amendments the~eto; AND WHEREAS there is in effect in the ¡Town of Kincardine an Official Plan which includes provisions relating ¡to Property conditions; NOW THEREFORE the Council of the Corpejration of the Town of Kincardine HEREBY ENACTS as follows: 1. SHORT TITLE This By-law may be cited as the "Property r4a~ntenance and Occupancy Standards By-law. II 2. DEFINITIONS (1) Accessory Building - a detached, s~bordinate building not used for human habitation, located¡on the same lot as the main building. ' , Balustrade - means a row of balustèrs or spindles surmounted by a railing. ( 2) (3) a room containing at le~st a toilet and shower, or two rooms wh~ch contain in total at toilet and one bathtub or one shower. Bathroom - bathtub or least one (4) Building - any structure used or iµtended for supporting or sheltering any use or occupancy~ i Committee - Property Standards Co~ittee. , (5) ( 6) Dwelling - a building or structur~ or part of a building or structure occupied or capable qf being occupied in whole or in part for the purposes !o~h~ h~tation and includes the land and premise~ appGrte~ttthereto and all outbuildings, fences or erect~ons thereon or therein. Dwelling Unit - one or more roomsjconnected together as a separate unit in the same struct~e and constituting an independent housekeeping unit for!residential occupancy by humans for living and sleeping ¡purposes. Fire Resistance Rating - the timejin hours that a material construction or assembly will wit stand the passage of ' flame and transmission or heat wh n exposed to fire under specified conditions of test and erformance criteria. ( 7) (8) .. > . . . . ;"...-" , - 2 - (9) ~abitable Room - any room in a dwel~ing unit used or ~ntended to be used for living, sleþping, cooking or heating purposes. I (10) Maintenance - the preservation and keeping in repair of a property. (11) Means of Egress - a continuous path: of travel provided by a doorway, hallway, corridor, ex~erior passagewat, balcony, lobby, stair, ramp or other egress facility tor the escape of persons from ~ny poin~ within a bUilding, floor area, room or contained open ~pace to a public thorot'_.:;hÙ~ro or ;;.pproved open sp&cel. (12) Multiple Dwelling - a building contp,' ining three or more dwelling units. (13) Multiple Use Building - a building ¡containing both a dwelling unit and a non-residential property. (14) Non-habitable Room - any room in a ¡dwelling or dwelling unit other than habitable room, an~ includes a bathroom, toilet room, laundry room, pantry, ¡communicating corridor, stairway, closet, baseme~t, boiler room or other space for service and mainteqance of the dwelling for public use, and for access to, land vertical travel between storeys. ' (15) Non-residential Property - a build~ng or structure not occupied or capable of being occup~ed in whole or in part for the purposes of human habitatiQn and includes that lands and premises appurtenant the~eto. Occupancy - the use or intended us~ of a building or part thereof for' the shelter or suppor~ of persons, animals or property. Occupant - any person(s) over the ~ge of eighteen years in possession of the property. ] (18) Officer - a Property Standards Officer who has been assigned the responsibility of adm~nistering and enforc- ing this by-law. (16) (17) (19) Owner - the person for the time betng managing or receiving the rent of/or paying th/3 municipal taxes on the land or premises in connection¡with which the word is used whether on his own account or! as agent or trustee of any other person or who would also receive the rent if such land and premises were let, aþd shall also include a lessee or occupant of the propertYI who, under the terms of a lease, is required to repair ~nd maintain the property in accordance with the st~ndards for the maint- enance and occupancy of property. Property - a building or structur~ or part of a building or structure and includes the lan~s and premises appurtenant thereto and all mobil~ homes, mobile build- ings, mobile structures, outbuild~gs, accessory nuildings, fences and erections t~ereon whether heretofore or hereafter erected, and include~ vacant property. Repair - includes the provision o~ such facilities and the making of additions or alteration~ or the taking of such action as may be required so that ,the property shall conform to the standard establish~d in this By-law. All repairs shall be made in cOnfOrmijY to the Ontario Building Code, the Ontario Water esources Act, Plumb- ing Regulations, the Regulations f Hydro Electric Power Commission of Ontario and R gulations made under the Public Health Act of Ontario. (20) (21) .. . . . . " ---- .. , .. (22) Residential Property - any property t4at is used or designed for use as a domestic establ~shment in which one or more persons usually sleep and ¡prepare and serve meals, and includes any land or build~ngs that are appur- tenants to such establishment and allìsteps, walks, drive- ways, parking spaces and fences associated with the dwel- ling or its yard. (23) Sewage - any liquid waste containing ~nimal, vegetable or mineral matter in suspension or sotution but does not include roof water or other stOITa run~ff. (24) Sewerage System - the municipal sanit~ry sewerage system or private sewage disposal system apPtoved by the Medical Officer of Health. . (25) Standards - the standards of physical: condition and of occupancy prescribed for property by ~his By-law. 3. MAINTm~ANCE AND OCCUPANCY STANDARDS (1) Yards a. Yards shall be kept clean and fr~e from rubbish or other debris and from objects or con~itions that might create a health, fire or accident ha~ard. b. Heavy undergrowth and noxious pl::\nts, such as ragweed, poison oak, poison ivy and poison s~ac, shall be eliminated from the yard. c. Any vehicle including a trailer, !which is in a wrecked, discarded, dismantled or abandoned cqndition shall not be parked, stored or left in a yard, un~ess it is necessary for the operating of a business ente~prise lawfully situated on the property. . d. All reasonable means shall be em~loyed to prevent the erosion of soil in the yard. (2) Sewage and Draina~e a. Sewage or organic waste shall be¡discharged into a sewerage system ,there such a system ¢xists; where a sewer- age system does not exist, sewage or! organic waste shall be disposed of in a manner acceptable to the local health authorities. b. Sewage of any kind shall not be ~ischarged into the surface of the ground, whether into Þ natural or artificial surface drainage system or otherwis~. c. No roof drainage shall be disch~ged on sidewalks, stairs or neighbouring property. ¡ d. Storm "later shall be drained frqm the yard so as to prevent excessive ponding or the en~rance of water into a basement or cellar. (3) Safe Passage Steps, walks and driveways shall beimaintained so as to afford safe passage under normal us, and weather conditions. (4) Accessory Buildings and Fences a. Accessory buildings and fences fhall be kept in good repair and free from health, fire a¡ld accident hazards. b. Exteriors of accessory buildingp shall be kept weather resistant through the use of appropriate weather resistant materials. . '. .' ( 5) ( 6) . . ( 7) ( 8) . . (9) - 4 - Garbage Disposal a. Garbage, refuse and in receptacles and made with By-law 3l92. ashes shall bel promptly stored available for ~emoval in accordance , b. Every building, dwelling or dwelli~g unit shall be provided with sufficient receptacles tp contain all garbage, refuse and ashes that accumulate in the yard, dwelling andl or building. Pest Prevention a. A building shall be kept free of ro~cnts, vermin and insects at all times, and methods use~ for exterminating rodents or insects or both shall be id accordance with the provisions of the current provincial ~esticides Act and all regulations passed pursuant thereto. b. Basement or cellar windows, used dr required for ven- tilation, and any other opening in a qasement or cellar, including a floor drain, that might p~rmit the entry of rodents, shall be screened with wire ~esh, metal grill or other durable material which will eff~ctively exclude rodents. Foundations a. The foundation walls and basement. cellar or crawl space floors shall be maintained in gQod repair and be structurally sound, and where necessa~y shall be so maintained by shoring of the walls, g¢Qllting masonry cracks, waterproofing the walls or floors and , installing subsoil drains at footing levels. . b. Every basement, cellar and crawl $pace in a building shall be adequately drained. Overall Structure a. Every part of a building shall be¡maintained in a structurally sound condition so as toibe capable of su- staining safely its o-~ weight and ant additional weight that may be put on it through normal use; materials which have becn d~~aged or show evidence of rot or other deterioration shall be repaired or replaced. b. All exterior surfaces shall be ofimaterials which provide adequate protection from the ~eather. c. The exterior walls, roofs and oth~r parts of a building shall be free from loose, rotten, warþed and broken mater- ials and objects; such materials andl objects shall be re- moved, repaired or replaced. Thermal Insulation Thermal insulation of buildings to mi~imize heat losses shall be done in accordance with the !provisions of the Ontario Building Code where necessarl and practicable. (10) Exterior Walls The exterior walls and their compone~ts of a building shall be maintained so as to prevent their deterioration due to weather and insects and shall be so ~aintained by the paint- ing, restoring or repairing of the w~lls, coping or flashing, by the waterproofing of jo~nts and of the walls themselves, by the installing or rep4iring of termite shields and by the treating of the s~il with appropriate pesticides. . " · . (11) - 5 - Roofs A roof including the fascia board, sofrit, cornice and flashing shall be maintained in a wate~tight condition so as to prevent the leakage of water ~nto the building. (12) Dampness The interior floors, ceilings and wall~ of a building shall be kept free from dampness arising fro~ the entrance of moisture through an exterior wall or tÞrough a roof or through a cellar, basement or crawl sp~ce. · (13) · (14) (15) . (16) . (17) Doors and Windows a. Windows and exterior doors and fr~es and basement or cellar hatchways shall be maintained ~ good repair so as to prevent the entrance of wind or ra~ into the building. b. Rotted or danmged doors, door franles, window frames, sashes and casings, weatherstripping, ~roken glass and missing or defective door and window nardware shall be repaired or replaced. c. Doors and windows to prevent drafts and filtration of outside shall be minimize cold air of suc4 a construction as heat lqsses through in- in col~ weather seasons. Stairs and Porches Inside or outside stairs and porches ~hall be maintained so as to be free of holes, cracks andjother defects which may constitute possible accident hazaItds and all treads or risers that show eJ<:cessive wear oriare broken, warped or loose and all supporting structura~ members that are rotted or deteriorated shall be repaiIj'ed or replaced. Egress a. There shall be provided and maint~ined a secondary means of egress from the building for every dwelling unit located on each floor above the firstifloor and for two or more dwelling units located in thejbasement, so as to provide a safe and convenient means of egress in case of an emergency. b. The means of egress and fire to the satisfaction of the local warn~ng devices shall FireiDepartment. , be Walls and Ceilings a. Every wall and ceiling finish shatl be maintained in a clean condition and free fl~m holes~ loose coverings or other defects which would pen¡ùt flamp or eJ<:cessive heat to enter the concealed space. ! b. Where fire resistant walls exist þetween separate dwelling units, they shall be maintaiþed in a condition which maintains their fire resistant ~uality. Floors a. Every floor shall be reasonably I' ooth and level and be maintained so as to be free of all loose, warped, pro- truding, broken or rotted boards or terial that might cause an accident, and all defective Ifloor boards or materials shall be repaired. , b. The floor of every bathroom, shower room and toilet room shall be so maintained as to be ¡resistant to water and readily cleaned. . " .. ~. - 6 - (18) Cleanliness Every.flo~r, w~ll, ceiling and fixture in ~ building shall be ma~nta~ned ~n a clean and sanitary cond+tion, and the building shall be kept free from rubbish, ~ebris or condi- tions which constitute a fire, accident orihealth hazard. i'later Where a piped water system is available in the municipality: a. Every dwelling unit shall be provided with an adequate supply of drinkable running water from a sØurce approved by the local Medical Officer of Health. b. Adequate running water shall be suppli~d to every water closet. c. Every sink, wash basin, bathtub or shoo/er shall have an adequate supply of hot and cold running water. Plumbing All plumbing, pipes and plumbing fixutres ~hall be kept in good working condition and free from leaksand defects, and all water pipes and appurtenances thereto ~hall be protected from freezing. (21) Toilet, Kitchen and Bathroom Facilities , a. Every self-contained dwelling unit sha~l be provided with at least one kitchen sink, water clos~t, wash basin, and bathtub or shower, and an acceptable m~ans of sewage disposal. ! b. Ì'lhere toilet, kitchen or bathroom facitities are ,shared by the occupants of residential accommodat on other than self-contained dwelling units, an approprifte entrance shall be provided from a common passageway, hallway, cor- ridor or other common space to the room orirooms containing the said facilities. The number of toiletp, kitchens or bathrooms required shall be related to theìnumber of occu- pants sharing the facility in accordance w~th the Ontario Building Code. (19) . (20) . (22) . . (23) Kitchens a. Every self-contained dwelling unit sha~l contain a kitchen area equipped with a sink, served with hot and cold water where avail~ble, storage facili~ies, a counter top work area and space for a stove and re~rigerator. b. Every kitchen shall have provided an ap.equate and approved gas or electrical or other fuel s~pply for cooking purposes. i c. There shall be at least thirty inches 1(011) clear space above any exposed cooking surface. ' Heating Systems a. Every dwelling shall be provided with ¡suitable heating facilities ca~able of maintaining an indoo~ temperature of 20 degrees C ~70 degrees F) for all dwell~g units contained therein. I b. The required heating system shall be ~aintained in good working condition so as to be capabl~ of heating the dwelling safely to the required standard. c. No room heater shall be placed so as ~o cause a fire hazard to walls, curtains and furniture, ~or to impede the free movement of persons within the room ~here the heater is located. I . ~ (24) · · (25) - 7 - d. íihere buildings contain two or more dwelling units, fuel fired heating appliances shall bþ located safely enclosed or separated from the remain~er of the building in conformance with the Ontario Build~ng Code. Chimneys a. Any heating or cooking apparatus pr equipment used in the process of burning fuel or comþustible material shall be properly vented to the outsiµe air by means of a smokepipe, vent pipe or similar adequate chimney. b. Such heating or cooking apparatus! or cooking equipment shall be properly connected to the ch~mney or flue by a permanently sealed connection. : ~ c. All connections between gaseous aþd liquid fuel burning appliances and equipment shall be mai~tained in good repair. d. All g~seous and liquid fuel burniþg appliances and equipment shall comply with the relev~nt provincial and/or municipal regulations. Electrical Services a. Where available, electrical facil~ties complying with the requirements of the Ontario Hydro! shall be provided for all residential accommodation. ' b. Existing wiring and electrical faþilities complying with the requirements of the Ontario ~ydro shall be pro- vided for all residential accommodatiþn. c. Existing wiring and electrical eqµipment shall be in good, serviceable and safe condition" as required by the Ontario Hydro. (26) Light a. Every habitable room, except for a kitchen, shall have +a window or windows, skylights or traþslucent panels that face directly to the outside with an µnobstructed light transmitting area of not less than tep per cent of the floor area of such rooms. The glass ~rea of a sash door may be considered as a portion of thei required window area. · (27) · b. All public halls and stairs in muRtiple dwellings shall be illuminated at all times so ßS to provide safe passage. Ventilation a. Every habitable room shall have *. opening or openings for natural ventilation and such ope. 'ngs shall have a minimum aggregate unobstructed free ow area of three square feet. i b. An opening for natural ventilatioþ may be omitted from a kitchen, living room or living-dinirg room if mechanical ventilation is provided which change~ the air once each hour. . c. Every bathroom or toilet room sh~ll be provided with an opening or openings for natural v~tilation or a system of mechanical ventilation which oper~tes continuously or whenever the light is turned on in t~e bathroom or toilet room. (28) Occupancy Standards a. No person shall use, or permit t~e use of, a non- habitable room in a building for a ~bitable room purpose. BUILDING OFFICIAL TO ENFORCE BY-LAiv (1) The Building Official of the Town as Property Standards Officer and visions of this By-law. (2) If, after inspection, the officer is satis~ied that, in some respect, the property does not conforþ to the stan- dards prescribed herein, he shall serve or! cause to be served by personal service upon, or send b~ prepaid registered mail to the owner of the proper~y and all per- sons shown by the records of the registry þffice. the land titles office and the sheriff's offic~ to have any intérest therein a notice containins partiþulars of the non-conformity and may, at the same time, provide all occupants with a copy of such notice. ' , . · 4. · (3) · · (4) (5) - 8 - b. The maximum number of occupants in a diwe11ing unit sha~l not exceed one person per 100 squar~ feet of hab~table room floor area; any child und~r öne year of age shall not be counted when computing t~e number of occupants; any child over one year, but ~e5s than twelve years shall be deemed one-half person in ~he computation of the number of occupants. . c. The floor area under a ceiling which ~s less than 7 feet high shall not be counted for the pµrpose of computing habitable room space. d. Every room used for sleeping purposes ~n a dwelling or dwelling unit shall provide a minimum wp.dth of 6 feet and 600 cubic feet of air space for each o~cupant; the corresponding floor area should be not le~s than 60 square feet for the first occupant and not less tþan 40 square feet for each additional occupant. of Kincardine shall act shall en~orce the pro- After affording any person served with not~ce provided for by subsecdon 2 an opportunity to appear b~fore the officer and to make representations in connection ~herewith, the officer may make and serve or cause to be served upon or send by prepaid registered mail to such person an order containing: ' a. the municipal address or the legal desþription of such property. . b. reasonable particulars of the repairs to be effected or a statement that the site is to be clea~ed of all build- ings, structures, debris or refuse ùnd lef in a graded and levelled condition and the period in which there must be compliance with the terms and conditions 0 the order and notice that, if such repair or cle&rance i~ not so done within the time specified in the order, thf3 municipality may carry out the repair or clearance at t~e expense of the owner, and c. the final date for giving notice of apreal from the order.- or 3'l when sent by last ~nown ~ddress of A notice or order under subsection 2 registered mail &~all be sent ~o the tho person to wþom it is sent. If the officer is unable to effect servicel under subsection 2 or 3, he shall place a placard containin~ the terms of the notice or order in a conspicuous place; on the property, and the placing of the placard shall be de~ed to be suf- ficient service of the notice or order on ~he owner or other persons. 5. PROPERTY STANDARDS COMMITTEE (1) A Property Standards Committee is hereby ~stablished to review the orders issued by an offier und~ Section 4 (3). The secretary shall keep on file minutes rnd records of all applications and the decisions thereo and of all other official business of the Committee, and Section 216 of the Municipal Act, R.S.O. 1970, C.284,las amended, applies mutatis mutandis to such document~. ¡/hen an owner or occupant upon whom an orier has been served in accordance with this By-law iSiot satisfied with the terms or conditions of the order he may appeal by registered mail to the secretary of th Committee with- in fourteen (14) days after service of th order! and, in the event that no appeal is taken, the or er sha 1 be deemed to have been confirmed. ' (13) The Secretary of the Committee, in receip~ of the notice of appeal referred to in Subsection 12, spall: , · '. (2) . (:n (4) . (5) (6) (7) (8) (9) (10) · (11) · (12) - 9 .. The Committee shall be composed of three (13) ratepayers of the Town of Kincardine to be appointed ~y the Council of the Corporation on the reoommendation if Board of Con- trol, as the terms ~ir" based on repl es to an adver- tisement for three (3) ratepayers, I'lhich all be published in the local newspapers. The terms of office .1'01' the members ot t~ CoøIm1tt&e shall be for three (3) years with one te expiring annually so that the first appointments all be for one, two and three years. .. All members shall serve beyond their teI'DIEI of office as reqùired until reappointed or replaced by!Town aouneil. The Committee shall; a.. elect a chairman from its members an4 ' b.. make provisions for a secretary ol th~ committe..e, said secretary being an employee of t~e Corporation other than an officer. i , rihen the Chairman is absent through illne~s or otherwise, the Committee may appoint another member ~o act as Chair- man protempore. : In the event of a vacancy in the members~p of the Com- mittee, the Council of the Corporation s 11 forthwith fill the vacancy on the recommendation OfBoard of Con- trol based on replies to an advertisement for the rate- payer which shall be published in the locltol newspapers. Two (2) members of the Committee shall co~titute a quorum. Any member of the Committee may administet oaths. A member of the Council of the Corporatio* or an employee of the Corporation or 0.1' a local board th~reof is not eligible to be a member of the committee,~'but a .teacher employed by a board of education or schoo board is not deemed to be an Ii employee" for the purpos of this sub- section. , , . . . . . <, - 10 - a. determine the date, place and ti~'e of the hearing of the appeal which shall take plac not less than seven (7) days and not more than thirt : (30) days from the date of receipt of the aforesaid rotice; and , give notice in writing of the datle, place and time of the hearing referred to in pa~agraph a to: ~i) the appellant, I ii) the officer who issued the brder, and iii) any other interested perso~s who appeared at the appearance held pursua~ to Section 4 (3), said notice to be served personally or by registered mail. i b. (14) The Committee shall: (15) (16) ] a. hold the hearing referred to in Sþbsection 13 at the date, place and time set out in tþe notice, and b. have all the powers and function~ of an officer. The Committee may adopt its own rule~ of procedure. The applicant may appear with or witì~ut Counsel at the hearing, to present his appeal. (17) The Corporation shall be represented ~t the hearing by the TOlffi SOlicitor, or his duly authorized subordinate or assistant, who is entitled to reply tþ the appeal presented on behalf of the applicant. (18) (19) (20) ( 21) The Committee may: confirm the order, : modify or quash the order, or I extend the tline for complying VritF the order provided that, in the opinion of the Commi tee, the general intent and purposo of this By-lav and of the official plan of the Corporation are maintÞined. ; The Committee shall give its ~ecisio~ in writing. ! The Secretary of the Committee shall ¡notify: a. the appellant, . b. the officer \'lho issued the order,¡ and c. any other person who appeared at; !the hearing of the appeal, of the decision, by caus~g a copy to be served personally or by register~d mail. i Honoraria shall be p&id to members o~ the Committee set by Council for each meeting attended.1 a. b. c. I CERTIFICATE OF COMPLIANCE I I , (1) Follovring the inspection of a proper~y, the officer may, or on the request of an owner shall, jissue to the owner a certificate of compliance if, in h~s opinion, the pro- perty is in compliance iåth the stan~ards of this By-law. 6. (2) 7. \~lere a certificate of compliance re~'erred to in subsection 1 is issued at the request of the 0... er, the owner shall be required to pay a fee of $10.00 to t e Corporation of the Town of Kincardi:1e. ! I , , , ! PENALTIES (1) A Penalty of not more than $500.00 S~'all be levied upon an owner for each day th~t he is in con ravention of an order that is final and binding, such pena ty to be recoverable under the Summary Conviction Act. - . . . . . .. I I - 11 - I Every person who removes a placard ref~rred to in Section 4 (5) is guilty of an offence and shall, ¡upon conviction thereof, forfeit and pay a penalty of *ot less than $5.00 and not more than $50.00, exclusive of , cost and every such fine is recoverable under the Summary Gonvictions Act. 8. That By-law No. 4056 be and the same i$ hereby repealed. . (2) READ A FIRST AND SECOND TIME THIS )..977. ~»_ ~ .. ~.. 7th DAY OF . July, ~-J(~ ayor i ,~ . /'~<ø~~: , - -'~.- /~ -'- . .- - . ~ "- .....: ... -- ... -, :-2' - .-.:: " READ A THIRD TIME AND FINALLY PASSED THIS 21st DA1 OF July; u..... 1977 . - , ,~-1v~ ayor ~ ' . C.........:'.;-. . -è.---jì ~ ",'-,èc Qu o.:{) ,- -:;. ::". ~ er - ~p~ ,.' - ,c.: ''-.:; ----