The URL can be used to link to this page

Home My WebLink AboutKIN 77 4056 Proptery Standards THE CORPORATION OF THE TOWN OF KINCA!IDINE BY-LAW NO. 4056 BEING a By-law for prescribing standards tor the maintenance and occupancy of property within the Town of Ki~cardine, for prohibiting the occupancy or use of such proper~y that does not conform to the standards, and for requiring proþerty below the standards prescribed herein to be repaired and ~intained to comply with the standards or the land thereof to be cl~ared of all buildings and structures and left in a graded and level cpndition. WHEREAS the Corporation of the Town of Ki~ardine desires to enact a by-law pursuant to the provisions of Se tion 36 of the Planning Act, R.S.O. 1970, Chapter 349 and amen, ents thereto; . AND WHEREAS there is in effect in the Town of Kincardine an Official Plan or a Policy Statement whichinclu~es provisions relating to Property Conditions; . ¡ ¡ NOW THEREFORE the Council of the Corporat~on of the Town of Kincardine HEREBY ENACTS as follows: 1. SHORT TITLE This By-law may be cited as the npropertYIMaintenance and Occupancy Standards By-law." ! 2. DEFINITIONS (1) (2) (3) (4) . (5) (6) . (7) Accessory Building - a detached, I subordinate building not used for human habitation, lpcated on the same lot as the main building. Balustrade - means a row of balUþters or spindles surmounted by a railing. ¡ Bathroom - a room containing at ~east a toilet and bathtub or shower, or two rooms ~hich contain in total at least one toilet and o~ bathtub or one shower. Building - any structure used orl intended for supporting or sheltering any usej or occupancy. Committee - Property Standards cþmmittee. ¡ Dwelling - a building or structure or part of a building or structure occupied or capable of being occupied in whole or in part fo~ the purposes of human habitation and includes t~ land and premises appurtenant thereto and all out~ldings, fences or erections thereon or therein.¡ ¡ Dwelling Unit - one or more roo~s connected to- gether as a separate unit in th same structure and constituting an independent hou ekeeping unit for residential occupancy by humans for living and sleeping purposes. . ¡......... 2 ! (8) (9) · (10) (11) · (12) (13) (14) (15) (16) · (17) (18) · (19) - 2 - Fire Resistance Rating - the tim~ in hours that a material construction or assemþly will withstand the passage of flame and transmipsion of heat when exposed to fire under specified þonditions of test and performance criteria. Habitable Room - any room in a d~elling unit used or intended to be used for livin~, sleeping, cooking or eating purposes. ' Maintenance - the preservation a~d keeping in repair of a property. Means of Egress - a continuous p~th of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, staif' ramp or other egress facility for the escape 0 persons from any point within a building, flo r area, room or contained open space to a public' thoroughfare or approved open space. Multiple Dwelling - a building c~ntaining three or more dwelling units. Multiple Use Building - a buildi~g containing both a dwelling unit and a non-reside~tial property. Non-habitable Room - any room inla dwelling or dwelling unit other than habitab~e room, and includes a bathroom, toilet room, laundry room, pantry, communicating corridor, ~tairway, closet, basement, boiler room or other Sface for service and maintenance of the dwelling or public use, and for access to, and vertical ,ravel between storeys. Non-residential property - a bui~ding or structure not occupied or capable of being! occupied in whole or in part for the purposes of hµman habitation and includés that lands and premises, appurtenant thereto. ¡ ¡ Occupancy - the use if intended µse of a building or part thereof from the shelter I or support of persons, animals or property. ' Occupant - any person (s) over t~e age of eighteen years in possession of the propetty. ¡ Officer - a Property Standards Officer who has been assigned the responsibility, of administering and enforcing this by-law. Owner - the person for the time þeing managing or receiving the rent of/or paying ~he municipal texes on the land or premises in conneþtion with which the word is used whether on his cþwn account or as agent or trustee of any other person or who would also receive the rent if such la~d and premises were let, and shall also include,a lessee or occupant of the property who, under the tirms of a lease, is required to repair and mainta n the property in accordance with the standards fo the maintenance and occupancy of property. ¡ .~......... 3 --~ - 3 - (20) Property - a building or struct~e or part of a building or structure and includ:!s the lands and premises appurtenant thereto an~Lall mobile homes, mobile buildings, mobile struct"'f-es, outbuildings, accessory buildings, fences and ~rections thereon whether heretofore or hereafter ~rected, and includes vacant property. ¡ Repair - includes the provision pf such facilities and the making of additions or a~terations or the taking of such action as may be required so that the property shall conform to t~ standard es- tablished in a by-law establishe under this section. All repairs shall be made in co ormity to the Ontario Building Code, the Ontar"o Water Resources Act, Plumbing Regulations, the Rþgulations of Hydro Electric Power Commission of Ont~rio and Regulations made under the Public Health Act! of Ontario. Residential Property - any propetty that is used or designed for use as a domesti~ establishment in which one or more persons usuallf sleep and prepare and serve meals, and includes anf land or buildings that are appurtenaat to such est~blishment and all steps, walks, driveways, parking spaces and fences associated with the dwelling or ~ts yard. ¡ Sewage - any liquid waste contaiþing animal, veget- able or mineral matter in suspen~ion or solution but does not include roof water fr other storm runoff. Sewerage System - the municipal ~anitary sewerage system or private sewage dispos~ system approved by the Medical Officer of Healt~. (25) Standards - the standards of ph~sical condition and of œc;çancy prescribed for property by this by-law. i PART 1 - MAINTEN!NCE OF YARDS AND ACCESSO~Y BUILDINGS 1. YARDS (21) · · (22) (23 ) (24) a. · Yards other might shall be kept clean and f~ee from rubbish or debris and from objects o~ conditions that create a health, fire or ~ccident hazard. ¡ b. Heavy undergrowth and noxious p~ants, such as ragweed, poison oak, poison ivy and poisqn sumac shall be eliminated from the yard. ' c. · Any vehicle including a trailer, ~hich is in a wrecked, discarded, dismantled Qr abandoned condition shall not be parked, ~tored or left in a yard, unless it is necessary ~or the operating of a business enterprise lawful~y situated on private property. ...1....... 4 - 4 - 2. SEWAGE AND DRAINAGE · b. a. Sewage or organic waste shall b~ discharged into a sewerage system where such a sy~em exists. Where a sewerage system does not existj, sewage or organic waste shall be disposed of in a þanner acceptable to the local health authorities.1 Sewage of any kind shall not be ~ischarged onto the surface of the ground, whether iþto a natural or artificial surface drainage syst~ or otherwise. ! c. No roof drainage shall be discharged on sidewalks, stairs or neighbouring property., 3. SAFE PASSAGE · a. Steps, walks and driveways shall: be maintained so as to afford safe passage under µormal use and weather conditions. 4. ACCESSORY BUILDINGS AND FENCES a. Accessory: buildings and fences stJ,all be kept in good repair and free from health, fire and accident hazards. ' 5. BUILDING OFFICIAL TO ENFORCE BY-LAW a. The Building Official of the To~ of Kincardine shall enforce the provisions of this By-law. 6. PENALTY a. Every person who contravenes any I of the provisions of this By-law is guilty of an Offe*ce and shall, upon conviction thereof, forfeit and pay a penalty of not more than $500.00 and not less ttan $20.00 for a first offence and not less than 50.00 and not more than $l,OOO.OO for a second or s bsequent offence, exclusive of costs and every suc fine is recoverable under the Summary Convictions Ac . · READ A FIRST AND SECOND TIME THIS third DAY OF ~' , ;~~---- . - "-, - , ~ - - -':.. -. :.;/:. March , 1977. - · ¿o;êJ ;;; l?~ /ß( ?14A'A~-=- =- /C!ërk - .-:. -' , READ A THIRD TIME AND FINALLY PASSED THIS seve1teenth DU'OF',- -~ ,/ ---- March , 1977. - - < ::.j: ~-q;(à~' ayor ~~~ *~ -, -.: ,