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Home My WebLink AboutKIN 80 4262 Mainten/Occup Stand . . . . THE CORPORATION OF THS TO"/N OF KINCARDIN3 BY-LA\'¡ NO. ~2 BEING a By-law for prescribing standards for the maintenance and occupancy of property 1dthin the T01~ of Kincardine, for prohibiting the occupancy or use of such property that does not conform to the standards, and for re1uiring property below the standards prescribed herein to be repaired and maintained to comply vdth the standards or the land thereof to be cleared of all buildings, structures, debris, or refuse and left in a graded and level condition. ¡'ffiEREAS the Corporation of the Tovm of Kincardine desires to enact a by-law pursuant to the provisions of Section 36 of the Planning Act, R.S.O. 1970, Chapter 349 and amendments thereto; AND ~mEREAS there is in effect in the Tovm of Kincardine an Official Plan which includes provisions relating to property conditions; NOW THEREFORE the Council of the Corporation of the Tovm of Kincardine HEREBY ENACTS as follows: TABLE OF CONTENTS SECTIO N PAGE 1. TITLE 4 2. DEFINITIONS 4 - 7 3. MAINTENANCE AND REPAIR OF RESIDENTIAL PROPERTY 7 - 15 (1) Yards 7 (2) Sewage and Drainage 8 0) Safe Passage 8 (4) Accessory Buildings $ (5) Fences $ (6 ) Garbage Disposal $ ( 7) Pest Prevention 9 ( $) Foundations 9 ( 9) Overall Structure 9 ( 10) Thermal Insulation 9 ( 11) Exterior TJalls 9 ( 12) Roofs 10 (13) Dampness 10 (14) Doors and ':lindows 10 (15) Stairs and Porches 10 (16) Handrail "' 10 ;I'i (17) Egress ..-~ 10 (18) Floors 11 - 2 - 3. (19) 'iJalls and Ceilings 11 (20) Water 11 (21) Plumbing 11 (22) Toilet, Kitchen and Bathroom Facilities 11 (23) Kitchens 12 (24) Heating System 12 . (25) Chimneys 13 (26) Electrical Services 13 (27) Light 13 (28) Ventilation 14 (29) Occupancy Standards 14 . 4. MAINTENANCE AND REPAIR OF NON-RESIDENTIAL PROPERTY 15 - 24 (1) Lan ds 15 (2) Sewage and Drainage 16 0) Safe Passage 16 ( 4) Accessory Buildings 16 (5) Fences 16 (6) Signs 17 (7) Garbage Disposal 17 ( 8) . 17 Pest Prevention (9) Basement Floors 17 (10) Foundations 18 (11) Structural Soundness 18 (12) Exterior ':lalls 18 (13) Roofs 19 (14) Dampness 19 (15) Doors and Windows 19 (16) Stairs 19 . (17) Balustrades and Handrails 19 (18) Walls and Ceilings 20 (19) Floors 20 (20) Cleanliness 20 (21) Egress 20 . (22) Heating System 20 (23) Plumbing 21 ( 24) Toilet Facilities ?2 (25) Electrical Service 22 (26) Light 23 (27) Ventilation 23 ( 28) Basement or Unheated Crawl Space 23 ( 29) Responsibility of Tenant 23 - 3 - 5. ADMINISTRATION AND ENFORCEMENT 2/+ - 29 (1) Property Standards Officer and Inspectors 24 (2) Right of Entry 24 0) Notice of Violation 24 (4) Property Standards Committee 25 (5) Rights of Appeal 26 . (6) Certifi ca te of Compliance 27 (7) Penalties 27 (8) Power of Corporation to Repair or Demolish 28 (9) Provision for Recovery of Expenses 28 (10) Validity and Conflicts 28 . . . . . . . - 4 - 1. TITLE This By-law may be cited for all purposes as the TOWN OF KINCARDINE PROPERTY STANDARDS BY-LA1'!. 2. DEFINITIONS (1) "Accessory Building" - shall mean any building or structure vThich is separate from or attached to the main building on the lot on which both are located and the use of which is an accessory to that of the said main building or lot and shall include s,dmming pools, private greenhouses, patio shelters and carports. (2) "Balustrade" - means a rON of balusters or spindles surmounted by a railing. (3) "Basement" - shall mean that portion of a building bet,,veen two floor levels ,.t1ich is partly below finished grade level but \.tlich has at least fifty percent of its height from finished floor to finished ceiling above adjacent finished grade level and in which the height from adjacent finished grade level to the ceiling is less than six feet. (4) "Bathroom" - means a room containing a bathtub or shower with or ,dthout a water closet and basin. (5) "Building" - any structure used or intended for supporting or sheltering any use or occupancy. (6) "Cellar" - shall mean that portion of a building between tNO floor levels \.tlich has more than fifty percent of its height from finished floor to finished ceiling below adjacent finished grade level. (7) "Chief of the Fire Department" - means Chief of the Fire Department of the Corporation of the T01~ of Kincardine. ($) "Committee" - means a Property Standards Committee established pursuant to Section 36 (11) of The Planning Act, R.S.O. 1970, Chapter 349, and amendments. (9) "Corporation" - means Corporation of the Tm~ of Kincardine. (10) "Council" - shall mean the Council of the Corporation of the Tovm of Kincardine. (11) "Cra,.¡l Space" - means a space beneath a floor with clearances of less than those required for basements or cellars. (12) "Dwelling" - shall mean a building or structure or part of a building or structure occupied or capable of being occupied in whole or in part for the purposes of human habitation and includes the land and premises appurtenant thereto and all out- buildings, fences or erections thereon or therein. - 5 - (13) "D-,.relling Unit" - one or more rooms connected together as a separate unit in the same structure and constituting an independent housekeeping unit for residential occupancy by humans for living and sleeping purposes. (14) "Finished Grade Level" - shall mean the average elevation of the finished surface of the ground abutting the external ,~lls of the building or structure, exclusive of any embanke- ment in lieu of steps. . (15) "Fire Resistant Rating" - means time in hours or parts thereof that a material construction or assembly Idll withstand fire exposure as determined in a fire test made in conformity vdth generally accepted standards or as determined by extension or interpretation of information derived therefrom. . (16) "Habitable Room" - means any room in a dwelling unit used or intended to be used for living, sleeping, cooking or eating purposes. (17) "Land" - shall mean the land around or appurtenant to the Iqhole or any part of a premises and used or intended to be used, or capable of being used in connection with the building. (1$) "Maintenance" - the preservation and keeping in repair of a property. (19) ''Means of Egress" - a continuous path of travel provided by a doorway, hall,~y, corridor, exterior passage\~y, balcony, lobby, stair, ramp or other egress facility for the escape of persons from any point \'lÍthin a building, floor area, room or contained open space to a public thoroughfare or approved open space. (20) "IIIedical Officer of Health" - means the Medical Officer of Health for Bruce County. . (21) "Multiple Dwelling" - means a building containing three or more dwelling units. (22) "Multiple Use Building" - means a building containing both a dvrelling unit and a non-residential property. (23) "Non-habitable Room" - any room in a dwelling or d\'l811ing unit other than a habitable room, and includes a bathroom, toilet room, laundry room, pantry, communicating corridor, stairway, closet, basement, boiler room or other space for service and maintenance of the dwelling for public use, and for access to, and vertical travel betvreen storeys. . (24) "Non-residential Property" - a building or structure not occupied or capable of being occupied in \1Ì101e or in part for the purposes of human habitation and includes those lands and premises appurtenant thereto. - 6 - (25) "Occupancy" - means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. (26) "Occupant" - means any person or persons in possession of the property. . (27) "Officer" - a Property Standards Officer ,.¡ho has been assigned the responsibility of administering and enforcing this by-law. (28) "Outdoor Storage" - shall mean the land used for the purpose of storing builder's supplies or materials salvaged from any demolition of a building either for storage or salvage for re-use or sale of the storing of any other industrial or commercial goods, vmres, or merchandise. . (29) "Ovmer" - shall mean the assessed ovmer and all persons shovm by the records of the Registry Office to have an interest in such property, and includes: (a) the person for the time being managing or receiving the rent of the land or premises in connection with ,\rtlich the vlOrd "oT,mer" is used, ',lÌlether in his ovm account or as agent or trustee of any other person or ~mo v~uld so receive the rent of such land and premises were let, or a vendor of such land under an agreement for sale vlÌlo has paid any municipal taxes thereon after the effective date of the agreement, or the person for the time being receiving installments of the purchase price of the land or premises in connection ,'lÍth ¡.¡hich the word "owner" is used, under an agree- ment for sale whether on his ovm account or as agent or trustee for any other person or \.tlo v~uld so receive the installments of the purchase price if such land or premises vrere sold under an agreement for sale, and (b) a lessee or occupant of the property vlÌlo, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. (0) "Property" - 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, accessory buildings, fences and erections thereon vlÌlether heretofore or hereafter erected, and includes vacant property. (31) "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 standard established in this by-laN. All repairs shall be made in conformity to the Ontario Building Code, the Ontario Water Resources Act, Plumbing Regulations, the Regulations of Hydro Electric Power Commission of Ontario and Regulations made under the Public Health Act of Ontario. . . (2) "Residential Property" - any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any land or buildings that are appurtenants to such establish- ment and all steps, walks, drivevmys, parking spaces and fences associated vdth the dwelling or its yard. --d . . . . - 7 - (33) "Sewage" - any liquid waste containing animal, vegetable or mineral matter in suspension or solution but does not include roof Hater or other storm runoff. (34) "Sewage System" - the municipal sanitary sewerage system or private seHage disposal system approved by the Medical Officer of Health. (35) "Standards" - the standards of physical condition and of occupancy prescribed for property by this by-law. (36) "Toilet Room" - shall mean: (a) in relation to non-residential property, a room containing one or more Hater closets and ¡.¡ash basins; and (b) in relation to residential property, a room containing a water closet. (37) "Yard" - means the land other than publicly owned land around and appurtenant to the whole or any part of a building or structure and laHfully used or intended to be used or capable of being used in connection with the building or structure. 3. ro1AINTENANCE AND REPAIR OF RESIDENTIAL PROPERTY The provisions of Section 3 prescribe standards for the Maintenance and Repair of all Residential Property, including Yards and Accessory Buildings to such property, Hithin the Municipality and the use of such residential property that does not conform to the said standards set out in Section 3 of this By-la¡.¡ is hereby prohibited. ANY RESIDENTIAL PROPERTY TR~T DOES NOT CONFORM TO THE STANDARDS PRESCRIBED IN SAID SECTION 3 OF THIS BY-LA~ IS REQUIRED TO BE REPAIRED AND l'o1AINTAINED TO CONFOJm TO THE STANDARDS SET OUT IN SECTION 3 OF THIS BY-LA~ OR THE SITE THEREOF IS REQUIRED TO BE CLEARED OF ALL BUILDINGS, STRUCTURES, DEBRIS OR REFUSE AND LEFT IN A GRADED AND LEVELLED CONDITION. (1) Yards a. Yards shall be kept clean and free from rubbish or other debris and from objects or conditions that might create a health, fire or accident hazard. b. Heavy undergroVTth and noxious plants, such as ragweed, poison oak, poison ivy and poison sumac shall be eliminated from the yard in conformity with the Weed Control Act, R.S.O. 1970. c. Any vehicle including a trailer, which is in a vŒecked, discarded, dismantled or abandoned condition shall not be parked, stored or left in a yard, unless it is necessary for the operating of a business enterprise laHfully situated on the property. d. All reasonable means shall be employed to prevent the erosion of soil in the yard. - 8 - (2) Se,~ge and Drainage a. Se,~ge or organic vmste shall be discharged into a sevrerage system Nhere such a system exists; where a sewerage system does not exist, se,~ge or organic waste shall be disposed of in a manner acceptable to the local health authorities. . b. Se,~ge of any kind shall not be discharged into the surface of the ground, whether into a natural or artificial surface drainage system or otherwise. c. No roof drainage shall be discharged on side,~lks, stairs or neighbouring property. d. Water shall be drained from the yard so as to prevent excessive ponding or the entrance of water into a basement or cellar. . (3) Safe Passage Steps, walks, drive,~ys, parking spaces and similar areas of a yard shall be maintained so as to afford safe passage under normal use and 118ather conditions. (4) Accessory Buildings a. Accessory buildings shall be kept in good repair and free from health, fire and accident hazards. b. Exteriors of accessory buildings shall be kept vreather resistant through the use of appropriate 118ather resistant materials. (5) Fences Fences shall be maintained in good condition and free from possible hazards, and in the case of s~dmming pools in conformity vdth the Tovm of Kincardine By-law Number 22$6. Enclosures (fences) around sl'lÍmming pools shall be a minimum of four feet in height and be provided vdth locks in good ¡.¡orking order. . (6) Garbage Disposal a. Every d,181ling and every dwelling unit vdthin the dvrelling shall utilize sufficient receptacles or garbage bags to contain all garbage, rubbish and ashes. . b. Receptacles shall be made of Hater tight construction provided ,'lÍth a tight fitting cover, and maintained in a clean state. c. Garbage, rubbish and ashes shall be promptly stored in receptacles and made available for removal in accordance vdth by-la,.¡s of the Corporation of the To"m of Kincardine and all amendments thereto. (7) . (8) . - 9 - Pest Prevention a. A building shall be kept free of rodents, vermin and insects at all times, and methods used for exterminating rodents or insects or both shall be in accordance ,'lÍth the provisions of the current provincial Pesticides Act and all regulations passed pursuant thereto. Furthermore, basement or cellar vdndo¡.¡s used or required for ventilation, and any other opening in a basement or cellar, including a floor drain that might permit entry of rodents shall be screened vdth vdre mesh, metal grill or other durable material vhich will effectively exclude rodents. Foundations a. The foundation walls and basement, cellar or cra¡.¡l space floors shall be maintained in good repair and be structurally sound, and ,1Ìlere necessary shall be so maintained by shoring of the walls, grouting masonry cracks, waterproofing the walls or floors and installing subsoil drains at footing levels. b. Every basement, cellar and crawl space in a building shall be adequately drained. c. Any basement containing habitable rooms shall have a concrete floor. (9) Overall Structure . a. Every part of a building shall be maintained in a structurally sound condition so as to be capable of sus- taining safely its Oè'lD ,18ight and any additional ¡.¡eight that may be put on it through normal use; materials \.tlich have been damaged or ShOrT evidence of rot or other deter- ioration shall be repaired or replaced. b. All exterior surfaces shall be of materials ,1Ìlich provide adequate protection from the rreather. c. The exterior vmlls, roofs and other parts of a building shall be free from loose, rotten, vmrped and broken materials and objects; such materials and objects shall be removed, repaired or replaced. (10) Thermal Insulation . (11) Thermal insulation of buildings to minimize heat losses shall be done in accordance vdth the provisions of the Ontario Building Code vlÌlere necessary and practical. Sxterior Walls The exterior ,~lls and their components of a building shall be maintained so as to prevent their deterioration due to ¡.¡eather and insects and shall be so maintained by the paint- ing, restoring or repairing of the ,~lls. coping or flashing, by the ,~terproofing of joints and of the ,~lls themselves, by the installing or repairing of termite shields and by the treating of the soil vdth appropriate pesticides. - 10 - (12) Roofs (13) . (14) . A roof including the fascia board, soffit, cornice and flashing shall be maintained in a watertight condition so as to prevent the leakage of vmter into the building. Dampness The interior floors, ceilings and ~mlls of a building shall be kept free from dampness arising from the entrance of moisture through an exterior wall or through a roof or through a cellar, basement or crawl space. Doors and Windo¡.¡s a. Windo¡.¡s and exterior doors and frames and basement or cellar hatchHaYs shall be maintained in good repair so as to prevent the entrance of ,'lÍnd or rain into the building. b. Rotted or damaged doors, door frames, ,dndow frames, sashes and casings, weatherstripping, broken glass and missing or defective door and ,'lÍndow hardvmre shall be re- paired or replaced. c. Doors and windo\ffl shall be of such a construction as to prevent drafts and minimize heat losses through infil- tration of outside cold air in cold vreather seasons. (15) Stairs and Porches Inside or outside stairs and porches shall be maintained so as to be free of holes, cracks and other defects which may constitute possible accident hazards and all treads or risers that show excessive ¡.¡ear or are broken, warped or loose and all supporting structural members that are rotted or de- teriorated shall be repaired or replaced. (16) Handrail . (17) . A handrail shall be installed and maintained in good repair in a stair¡.¡e11, and a balustrade shall be installed and maintained in good repair on the open side of a stairway Ì'1Ìth five or more risers and on the open side of a balcony, porch or landing so as to provide protection against accident or injury. Egress a. There shall be provided and maintained a secondary means of egress from the building for every dvrel1ing unit located on each floor above the first floor and for two or more d,~lling units located in the basement, so as to provide a safe and convenient means of egress in case of an emergency. b. The means of egress and fire warning devices shall be to the satisfaction of the local Fire Department. - 11 - (1$) Floors . a. Every floor shall be reasonably smooth and level and be maintained so as to be free of all loose, \~rped, protruding, broken or rotted boards or material that might cause an acci- dent, and all defective floor boards or materials shall be repaired. b. The floor of every bathroom, shovrer room and toilet room shall be so maintained as to be resistant to water and readily cleaned. (19) Walls and Ceilings . a. Every wall and ceiling finish shall be maintained in a clean condition and free from holes, loose coverings or other defects vmich would permit flame or excessive heat to enter the concealed space. b. ¡'fuere fire resistant walls exist bet¡.¡een separate dwelling units, they shall be maintained in a good condition which maintains their fire resistant ~uality. (20) Water (21) . ~fuere a piped Hater system is available in the municipality: a. Every dvrelling unit shall be provided with an adequate supply of drinkable running \~ter from a source approved by the local Medical Officer of Health. b. Adequate running water shall be supplied to every Hater closet. c. Every sink, 'ñash basin, bathtub or sho,~r shall have an adequate supply of hot and cold nL~ning vmter. Plumbing All plumbing, drain pipes, Tñater pipes and plumbing fixtures in every d,1811ing and every connecting line to the sevrerage system shall be maintained in good \~rking order and free from leaks and defects and all ,~ter pipes and appurtenances thereto shall be protected from freezing. All plumbing fix- tures shall be connected to the sewerage system through ~Bter seal traps and adequate vents. (22) Toilet, Kitchen and Bathroom Facilities . a. Every self-contained dvrelling unit shall be provided ¡.¡ith at least one kitchen sink, ,~ter closet, vmsh basin, and bathtub or sho¡.¡er, and an acceptable means of se,~ge disposal. - 12 - (22) b. vfuere toilet, kitchen or bathroom facilities are shared by the occupants of residential accommodation other than self-contained d¡.¡elling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the said facilities. The number of toilets, kitchens or bathrooms required shall be related to the number of occupants sharing the facility, but in no case shall more than eight persons share the same toilet or bathroom. . (23) Kitchens a. Every self-contained dwelling unit shall contain a kitchen area equipped ,'lÍth a sink served vdth hot and cold water, storage facilities, a countertop work area and space for a stove and refrigerator. . b. Every kitchen sink shall have a splash back and drain area of an impervious surface. c. Every main cooking space shall have provided an adequate and approved energy source. d. All combustible material immediately underneath or ,'lÍ thin one foot of an exposed cooking surface shall be of fireproof material or covered Ì'1Íth fire resistant material except where such equipment is installed in accordance vdth the manufacturer's specifications. There shall be at least 27 inches clear space above any exposed cooking surface. (24) Heating System a. Every dwelling shall be provided with a heating system capable of maintainigg a cgntinuous room temperature under all conditions of 21 C (70 F) in all habitable rooms, bath- rooms and toilet rooms unless otherwise permitted by the Medical Officer of Health, bet¡.¡een the 15th day of December and the 31st day of r~y of the folloÌ'1Íng year. b. The required heating system in subsection (a) shall be maintained in good working condition so as to be capable of heating the d,18l1ing safely to the required standard. . c. Permanently sealed connections shall be kept bet¡.¡een all heating equipment involving combustion and chimney or flue which provides sufficient outlet for the escape of all noxious gases, so as to prevent any health, fire or accident hazard. . d. Approved connections shall be kept bet¡.¡een all heating and cooking equipment burning gaseous fuels and the supply line. e. A space that contains a heating unit shall have natural or mechanical means of supplying air in such quantities to provide adequate combustion. f. No room heater shall be placed so as to cause a fire hazard to ,~lls, curtains, and furniture. - 13 - g. \'fuere any heating equipment burns solid or liquid fuel, a place or receptacle for the storage of the fuel shall be provided and maintained in a convenient location and properly constructed as to be free from fire or accident hazards. h. In multiple dl1811ings \'lÍth a central heating system, the same shall be located in a separate room having \~lls, ceiling and doors \'lÍth a fire resistance rating of not less than one and one half hours. . (25) Chimneys . a. Any heating or cooking apparatus or equipment used in the process of burning fuel or combustible material shall be properly vented to the outside air by means of a smoke- pipe, vent pipe or similar adequate chimney. b. Such heating or cooking apparatus or cooking equipment shall be properly connected to the chimney or flue by a permanently sealed connection. c. All connections bet¡.¡een gaseous and liquid fuel burning appliances and equipment shall be maintained in good repair. d. All gaseous and liquid fuel burning appliances and equipment shall comply with the relevant provincial and/ or municipal regulations. , (26) Electrical Services . a. Svery dwelling unit shall be ¡.¡ired for electricity, and lighting equipment shall be installed throughout to provide sufficient illumination for the intended use of each space. b. Every habitable room and every bathroom, toilet room or kitchen shall be provided vdth at least one permanent light fixture. c. Existing ¡.¡iring and electrical equipment shall be in good, serviceable and safe condition, as required by the Ontario Hydro. (27) Light . a. Every habitable room, except for a kitchen, shall have a ¡.¡indo¡.¡ or l1Índows, skylights or translucent panels that face directly to the outside with an unobstructed light transmitting area of not less than ten per cent of the floor area of such rooms. The glass area of a sash door may be considered as a portion of the required vdndo¡.¡ area. b. All public halls and stairs in multiple dvrellings shall be illuminated at all times SO as to provide safe passage. - 14 - (2$) Ventilation a. Every habitable room shall have an opening or openings for natural ventilation and such openings shall have a minimum aggregate unobstructed free flo¡.¡ area of three square feet. b. Every bathroom or toilet room shall be provided with an opening or openings for natural ventilation or a system of mechanical ventilation vmich operates continuously or whenever the light is turned on in the bathroom or toilet room. . c. All systems of mechanical ventilation or air conditioning shall be maintained in good working order. d. Every basement, cellar, and unheated cra¡.¡l space shall be adequately vented to the outside air; in a basement this shall mean either screened openings, the area of ¡.¡hich shall not be less than one per cent of the floor area, and for an unheated cra¡.¡l space this shall mean an adequate number of louvers with screened openings. . (29) Occupancy Standards a. A non-habitable room shall not be used as a habitable room. b. No basement space shall be used as a habitable room unless it meets the follovdng requirements. (i) Floor and vmlls are constructed to as to be impervious to leakage to underground and surface runoff water and insulated against dampness. (ii) The habitable rooms meet all requirements for light, ventilation, and ceiling height set out in this by-law. (iii) . (iv) (v) . Each habitable room shall be separated from the heating equipment, incinerators or other equally hazardous equipment by a partition having a fire resistance rating of at least one hour. Access to each habitable room shall be gained \'lÍthout passage through a furnace or boiler room. The floor area under a ceiling which is less than 7 feet high shall not be counted for the purpose of computing habitable room space. c. The maximum number of occupants in a dvrelling ~~it shall not exceed one person per 100 square feet of habitable room floor area; any child ~~der one year of age shall not be counted vlÌlen computing the number of occupants; any child over one year, but less than twelve years shall be deemed one-half person in the computation of the number of occupants. . . . . 4. - 15 - d. Every room used for sleeping purposes in a d¡.¡elling or d\relling unit shall provide a minimum \'lÍdth of 6 feet and 600 cubic feet of air space for each occupant; the corresponding floor area should be not less than 40 square feet for each additional occupant. I~INTS~ffiNCE AND REPAIR OF NON-RESIDSIITIAL PROPERTY The provisions of Section 4 prescribe standards for the ¡,fu.inten- ance and Repair of Buildings, Lands and Accessory Buildings of all Non-residential Property "dthin the Municipality and the use of such non-residential property that does not conform to the said standards set out in the said Section 4 of this By-law is hereby prohibited. ANY NON-RZSID3NTIAL PROPERTY THI\.T roES NOT CONFOID1 TO THE STANDARDS PRESCRIBED IN SAID SECTION 4 OF THIS BY-LA'/! IS REQUIRED TO BE RSPAIRSD AND !iLl..I!JTAINED TO CONFOPJ,~ TO THE STANDARDS SET OUT IN SECTION 4 OF THIS BY-LA';! OR THE SITE THEREOF IS REQUIRED TO BE CL~.RED OF ALL BUILDINGS, STRUCTURES, DEBRIS OR REFUSE AND LEFT IN A GRß..DED AND LEVELLED CONDITION. (1) Lands a. The lands shall be kept clean and free from rubbish or other debris and from objects or conditions that might create a nuisance or a health, fire or accident hazard. b. Heavy undergro\'!th and noxious pla.nts, such as rag'"reed, poison ivy, poison oak, and poison sumac shall be eliminated from the lands. c. 'qithout limiting the generality of lea) no vehicle or trailer, or boat, or mechnical equipment 11Ìlich is in a wrecked, discarded, dismantled, partially dismantled or inoperative condition shall be parked, stored or left on the lands unless such vehicle, trailer or mechanical equipment is required for business purposes. vfuere these vehicles, trailers, or mechanical equipment are re:,uired for business purposes, they shall be screened from the street by a board fence or suitable planting. d. All outdoor storage shall be obscured from view by screening from the surrounding property by the use of view obstructing materials, tlÌlere such property has a non-conforming use in a residential area. Such screening shall be maintained in good condition and shall be located at least 20 feet back from the limit of any adjacent street. e. All areas used for vehicular traffic and parking shall be paved Idth asphalt, concrete or equivalent surfacing or constructed of crushed stone and shall be free from dust, dirt and litter and kept in good repair and shall be well drained. f. The lavms, hedges and bushes shall be maintained and kept trimmed and from becoming overgro"m and unsightly. - 16 - (2) Sevmge and Drainage a. Se\~ge shall be discharged into a sewage system in accordance with the provisions of the Local By-laws of the Corporation and any amendments thereto and substitution thereof. . b. Rain water from a roof area of 500 square feet or more shall be conveyed to a storm sevrer provided that a storm seHer is available. If such storm sevrer is not available to the land or in the opinion of the Council of the Corporation should not be used, the rain vmter shall be disposed of in such a manner as not to create a nuisance. c. Storm water shall be drained from the lands so as to prevent recurrent ponding or the entrance of water into a basement or cellar. . d. No roof or storm drainage shall be discharged on sidewalks, stairs, or neighbouring property. 0) Safe Passage Steps, vmlks, drive\~ys, parking spaces and similar areas of the land shall be maintained so as to afford safe passage under normal use and vreather conditions. Furthermore, clear and unobstructed access shall be provided and maintained to all gas and hydro meters inside or outside the building(s). (4) Accessory Buildings a. An accessory building shall be kept in good repair and free from health, fire and accident hazards. b. ~fuere an accessory building or the land may harbour noxious insects or rodents all necessary steps shall be taken to eliminate insects or rodents and to prevent their reappearance in accordance ,'lÍth the provisions of The Pesticides Act, R.S.O., 1973, Chapter 346 and all Regulations passed pursuant thereto. . (5) Fences . a. An opaque fence shall be installed around any parking area of a drive-in eating establishment in the event that the same is a non-conforming use in a residential area, except at the private approaches, constructed in such a manner as to prevent all cartons, \'!rappers, paper, rubbish and debris from blo\'lÍng onto adjoining property. b. All fences around or on non-conforming residential property shall be kept in good repair free from accident hazards and protected by paint, preservative and other Heather-resistant material. - 17 - (6) Signs (7) . . All signs and billboards shall be maintained in good repair and any signs ¡.¡hich are excessively weathered or faded, or those upon which the paint has excessively peeled or cracked shall, \'lÍth their supporting members, be removed or put into a good state of repair. Garbage Disposal a. Every building shall be provided ¡.¡ith sufficient receptacles to contain all garbage, rubbish, ashes, and trade waste subject to the provisions of the Local By-laws of the Corporation and amendments thereto or by-la¡.¡s in substitution therefore. b. Receptacles shall be acceptable plastic bags or other containers: (i) made of water tight construction (ii) provided ¡.¡ith a tight fitting cover, and (iii) maintained in a clean state. c. Every building shall be provided ¡.¡ith rodent proof storage space for garbage and trade \~ste and other disposal containers. d. Containers shall be made available for the refuse \.tlich may be discarded by customers and and surrounding property shall be kept free of ($) Pest Prevention . disDosal of , the lands such refuse. a. A non-residential property shall be kept free of rodents, vermin, and insects at all times and methods used for exterminating rodents or insects or both shall be in accordance \'lÍth the provisions of the Pesticides Act, R.S.O., 1973 Chapter 346 and all Regulations passed pursuant thereto. b. A basement cra¡.¡l space or cellar windo¡.¡ used or required for ventilation and any other opening in a basement, crawl space or cellar, including a floor drain that might permit the entry of rodents, shall be screened ,dth wire mesh, metal grill or other durable material as \'lÍll effectively exclude rodents. . (9) Basement Floors a. Basement or cellars vlÌlich are served by a stairway leading from the building or from outside the building shall have a concrete floor, and ¡.¡here required, ,'lÍth a floor drain located at the lovrest point of the said floor and connected to a sewage system. b. A concrete floor in a basement shall be free from major cracks, breaks or such as may create a hazardous condition. - 1$ - (10) Foundations . a. The foundation walls and the basement, cellar or crawl space floor shall be maintained in good repair and struc- turally sound and l1Ìlere necessary shall be so maintained by shoring of the l~lls, installing subsoil drains at the footing, grouting masonry cracks, parging and \~terproofing the \.alls or floor. b. Every building, unless of the slab-on-grade type shall be supported by foundation walls or piers ':dth adequate footings. (11) Structural Soundness . (12) . . a. Every part of a building shall be maintained in a structurally sound condition so as to be capable of sus- taining safely its o¡.¡n 118ight and any load to vlÌlich it may be subject. b. Materials which may have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced. c. Exterior vmlls, roofs, and other parts of the building shall be free from loose and unsecured objects and material. Such objects or materials shall be removed, repaired or replaced. d. All exterior exposed surfaces not inherently resistant to deterioration shall be treated l,dth a protective coating of paint or othervdse repaired, coated, sealed or treated to protect them from deterioration or weathering. Exterior 1,'lalls a. The exterior v~lls and their components shall be maintained so as to prevent their deterioration due to ~reather and insects, and shall be so maintained by the painting, restoring, or repairing of the v~lls, coping or flashing, by the 1'~terproofing of joints and of the l.alls themselves, by the installing or repairing of termite shields and by the treating of the soil with poison, in accordance "dth provisions of The Pesticides Act, R.S.O., 1973, Chapter 346 and all Regulations passed pursuant thereto. b. All canopies, marquees, signs, a~mings, fire escapes, stand pipes, exhaust ducts, and similar overhanging ex- tensions shall be maintained in good repair, be properly anchored and shall be protected from the elements and against decay and rust by the periodic application of a vreather coating material such as paint or other protective treatment. . - 19 - (12) c. All cornices, entablatures, belt courses, corbels, terra-cotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. d. All air conditioners shall be maintained in a safe mechanical and electrical condition and \~ter condensator directed so as not to create a hazard. . e. ~fuere mechanical ventilation is used the ventilating duct vmich is on the exterior vmll shall not be located closer than six feet from a Ì'1Ìndow located in an adjoining building, or in the building in which the ventilating duct is located. (13) lli?££ . A roof, including a fascia board, soffit and cornice shall be maintained in a 1~tertight condition so as to prevent leakage of '~ter into the building. (14) Dampness The interior floors, ceilings and "ßlls shall be kept free from dampness. (15) Doors and Windows a. Windo¡.¡s, exterior doors and basement or cellar hatch- ways shall be maintained in good repair so as to prevent the entrance of vdnd or rain into the building. b. Rotted or damaged doors, door frames, \dndow frames sashes and casings, ~~atherstripping, broken glass and defective door and Ì'1Ìndo¡.¡ hardware shall be repaired or replaced. ' c. No l'lÍndo¡.¡ shall be covered l'lÍth plywood or any other material except for a reasonable period to enable a damaged \'lÍndow to be repaired or replaced. (16) Stairs . An inside or outside stair and any porch appurtenant to it shall be maintained so as to be free of holes, cracks, and other defects vmich may constitute possible accident hazards and all treads or risers that show excessive wear or are broken, vmrped or loose, and all supporting struc- tural members that are rotted or deteriorated shall be repaired or replaced. . (17) Balustrades and Handrails a. A balustrade shall be installed and maintained in good repair on the open side of a balcony, porch, landing, stair- ¡.¡ell and stai~'my \dth a rise of five feet or more. The width of the openings between rungs of a balustrade shall not exceed five inch (5") centre. - 20 - b. A handrail shall be installed and maintained in good repair on all stairvmys with more than three risers. (1$) '¡lalls and Ceilings . . a. Every wall and ceiling shall be maintained so as to be free of holes, cracks, loose coverings or other defects which VTOuld permit flame or excessive heat to enter the concealed space. b. ,'!here occupancies are separated vertically, the dividing walls shall be continued in the basement from the top of the footings to the underside of the finished floor surface, and in the attic from the top of the finished ceiling surface to the underside of the finished roof surface and such "mlls shall consist of t¡.¡o half inch layers of gypsum \~llboard or material of equivalent fire resistance rating and all cracks or openings shall be tightly sealed \'lÍth caulking or mineral VTOol or similar non-combustible material. (19) Floors a. Svery floor shall be smooth and level and be maintained so as to be free of all loose, vmrped, protruding, broken or rotted boards that might cause an accident or allo¡.¡ dirt to accumulate and all defective floor boards shall be re- paired. b. 1,'There floor boards have been covered \'lÍ th linoleum or some other covering that has become worn or torn so that it retains dirt or might cause an accident, the linoleum or other covering shall be repaired, replaced or removed. c. Every bathroom, toilet room or shoHer room shall have a floor of vmter repellent construction. (20) Cleanliness . (21) . a. All surfaces of public halls and stairs shall be main- tained in a clean condition. b. The building shall not contain rubbish or debris which constitutes a fire, health or accident hazard. Egress There shall be provided two means of egress from every floor area \.nere in the opinion of the Fire Chief the existing exits are inadequate for the safety of the occupants. (22) Heating System a. ~There persons are employed in duties and operations in an enclosed space or from \'lÍthin a building and not engaged in active physical activity the heating equipment shall be capable of providing adequate and suitable heat in such spaces or room during working hours. - 21 - (22) b. The heating system required by section 22(a) shall be maintained in good working condition so as to be capable of heating the building safely to the required standard. c. No room heater shall be placed so as to cause a fire hazard to walls or any other equipment, nor to impede the free movement of persons \rithin the room where the heater is located. . d. ~~ere a heating system or part of it or any auxiliary heating system burns solid or liquid fuel, a place or re- ceptacle for the storage of the fuel shall be provided and maintained in a convenient location and properly constructed so as to be free from fire or accident hazards. . e. Equipment for burning fuels shall be properly vented by a connecting duct or flue pipe leading to the chimney or a vent flue approved by the Fire Chief. f. All flues shall be kept clear of obstruction, all open joints shall be sealed and all broken and loose masonry shall be repaired and the vents shall be maintained to prevent gases from leaking into the building. g. Every chimney, smoke pipe and flue shall be maintained so as to prevent gases from leaking into the property. h. A fuel burning central heating system in a multiple use building shall be located in a separate room having \valls, ceiling and doors Hith a fire resistance rating of not less than that required for new construction of such room in accordance Hith any by-la¡.¡ of the Corporation. i. Section 21(h) does not apply where there is a fire separation bet¡.¡een the d¡.¡elling unit and the non-residential property having a fire resistance rating of not less than that required by any by-law of the Corporation for similar new construction or where the d¡.¡elling unit and non-residen- tial property are occupied by the same tenant. . j. A space that contains a heating Q~it shall have natural or mechanical means of providing the required combustion air approved by the Fire Chief. (23) Plumbing . a. All plumbing, drain pipes, vmter pipes, and plumbing fixtures in every building and every connecting line to the se\~ge system shall be maintained in good working order and free from leaks and defects and all '~ter pipes and appurten- ances thereto shall be protected from freezing. b. All vmste pipes shall be connected to the sevmge system through water seal traps. - 22 - (24) Toilet Facilities . . . (25) . a. Buildings where people work shall have a m~n~mum of one \~ter closet and one ,msh basin supplied \dth hot and cold running ,~ter located in an enclosed room conveniently accessible to the employees. b. All toilet rooms shall be fully enclosed and ,'lÍth a door capable of being locked so as to provide privacy for the occupant. Provided vlÌlere the toilet room contains more than one water closet or toilet compartment, each \~ter closet or toilet compartment shall be provided Hith a means of locking the door on such compartment to provide privacy. c. All toilet facilities and toilet rooms shall be kept clean and neat at all times and the toilet room Halls and ceilings shall be provided Hith a smooth surface and where paint is used as the surface coating it must be maintained and painted as is necessary for cleanliness, and all floors shall be of such construction as to be impervious to Hater. d. Each toilet room shall be provided Idth an adequate supply of toilet paper, soap and individual to\181s or other means of drying. e. Every toilet room shall be provided ,dth an opening or openings for natural ventilation located in an exterior \~ll or through openable parts of skylights and all such openings shall have a minimQ~ aggregate unobstructed free flow area of one square foot. f. An opening for natural ventilation may be omitted from a toilet room l~ere a system of mechanical ventilation has been provided such as an electric fan vdth a duct leading to outside the building and ,1hich operates \1henever the light is turned on in the toilet room. g. 'Vhere mechanical ventilation is used the ventilating duct ¡.¡hich is on the exterior "mll shall not be located closer than six feet from a "dndol1 located in an adjoining ~uilding or in the building in which the ventilating duct is located. Electrical Service a. Fuses or overload devices shall not exceed limits set by Ontario Hydro. b. Extension cords ¡.¡hich are not part of a fixture shall not be permitted on a semi-permanent or permanent basis. c. The electrical \'lÍring and all electrical fixtures located or used in a building shall be installed and main- tained in good working order and in conformity \'lÍth Regu- lation 6$3 Revised Regulations of Ontario, 1970, respecting electrical safety and any amendments thereto. - 23 - (26) Light . a. Sufficient vdndo¡.¡s, skylights, and electrical light- ing fixtures shall be provided and maintained in order to furnish illumination of at least five foot candles in all passageways and stain·mys \1Ìlenever the building is in use, and at least one foot candle in all stair"mys provided for use in case of fire or other emergency. b. Levels of illumination shall be measured at the floor or stair track level. (27) Ventilation . a. Every room where people work shall have an opening or openings for natural ventilation and such openings or opening shall have a minimum aggregate unobstructed free flo¡.¡ area of three s1uare feet and shall be located in the exterior \~lls or through openable parts of sky- lights. b. An opening for ventilation may be omitted if mechanical ventilation is provided vmich changes the air once each hour. (28) Basement or Unheated CraNl SQace a. Every basement and unheated crawl space shall be ade- quately vented to the outside air by means of screened \'lÍndows vmich can be opened or by louvers vdth screened openings, the area of vmich shall not be less than one per cent of the floor area for basements and one square foot per 500 square feet of crawl space area. b. An opening for natural ventilation may be omitted from the basement or cellar or unheated crawl space where a system of mechanical ventilation has been provided and main- tained which changes the air once each hour. (29) Responsibility of Tenant . . Subject to the prov~s~ons of any lease, the tenant of a building shall: a. Maintain that part of the non-residential property vlÌlich he occupies or controls in a clean, sanitary and safe condition. b. ~~intain all plumbing fixtures and appliances as \~ll as other building equipment and storage facilities in that part of the premises ,1Ìlich he occupies or controls in a clean and sanitary condition, and provide reasonable care in the operation and use thereof. c. Maintain a safe, continuous and unobstructed exit from the interior of the building to the exterior at street or grade level. - 24 - (29) d. Dispose of garbaGe and refuse into provided facilities in a clean and sanitary manner, in accordance Ì'1Ìth the provisions of the Local By-laws of the Corporation. e. Exterminate insects, rodents or other pests Ì'1Ìthin his building. f. Maintain lands in a clean, sanitary and safe condition and free from infestation insofar as he occupies or controls said non-residential property and any parts thereof. . g. I,fuke available containers for the disposal of refuse \1Ìlich may be discarded by customers and keep the lands and surrounding property free of such refuse. ADIUNISTRATIO~J AND ENFORCE!,ßNT (1) Property Standards Officer 4IÞ a. This By-law shall be administered and enforced by a Property Standards Officer appointed by the To~~ of Kincardine. 5. b. Any Building or Plumbing Inspector of the Tovm, Health Inspector of the Bruce Health Unit, or Fire Inspector of the To\'lD's Fire Department are hereby authorized to act as assistants to the Property Standards Officer from time to time. (2) Right of ~ntry a. An Officer or any of the aforementioned officials acting under his instructions may at all reasonable times and upon producing proper identification, enter and inspect any property. b. An Officer or any person acting under his instructions shall not enter any room or place actually used as a dvrelling Idthout consent of the occupier except under the authority of a search vmrrant issued under Section 16 of The Summary Convictions Act, R.S.O., 1970 and amendments thereto. 4IÞ (3) Notice of Violation - a. If after inspection, the Officer is satisfied that in some respect, the property does not conform to the standards prescribed in the by-law, he shall serve or cause to be served by personal service upon or send by prepaid registered mail to the ovmer of the property and all persons shovm by the records of the Registry Office and the Land Titles Office to have any interest therein a notice containing particulars of the nonconformity and may, at the same time, provide all occupants \·dth a copy of such notice. b. After affording any person served vdth a notice pro- vided for by (3)a of Section 5 an opportunity to appear before the Officer and to make reDresentations in connection there\'lÍth, the Officer may make a~d serve or cause to be served upon or send by prepaid registered mail to such person an order containing: 0) · · (4) · · - 25 - (i) the municipal address or the legal description of such properties; (ii) reasonable particulars of the repairs to be effected or a statement that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition and the period in which there ~ust be a compliance ,dth the terms and conditions of the order and notice that, if such repair or clearance is not so done ,dthin the times specified in the order, the municipality may carry out the repair or clear- ance at the expense of the o~~er; and (iii) the final date for giving notice of appeal from the order. c. A notice or an order under (3)a or (3)b of Section 5 when sent by registered mail shall be sent to the last known address of the person to whom it is sent. . d. If the officer is unable to effect service under (3)a or (3)b of Section 5, he shall place a placard containing the terms of the notice or order in a conspicuous place on the property, and the placing of the placard shall be deemed to be sufficient service of the notice or order on the owner or other persons. e. An order under (3)b of Section 5 may be registered in the property Registry or Land Titles Office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served vdth the order on the date on Nhich the order ~~s served under (3)b of Section 5 and, \.t1en the requirements of the order have been satisfied, the Clerk of the /Æunicipality shall forthvdth register in the proper Registry or Land Titles Office a certificate that such requirements have been satisfied, which shall operate as a discharge of such order. Property Standards Committee a. A Property Standards Committee is hereby established to review the orders issued by an Officer under (3)a of Section 5. b. The Committee shall be composed of three (3) ratepayers of the Town of Kincardine to be appointed by the Council of the Corporation, as the terms expire, based on replies to an advertisement for three (3) ratepayers, which shall be published in the local newspapers. c. The terms of office for the members of the Committee shall be for three (3) years vdth one term expiring annually so that the first appointments shall be for one, two and three years. - 26 - d. A member of the Council of the municipality or an employee of the municipality or of a local board thereof is not eligible to be a member of the Committee, but a teacher employed by a Board of Education or School Board is not deemed to be an "employee" for the purpose of this section. . e. The members of the Committee shall elect one of them- selves as Chairman, and \'Then the Chairman is absent through illness or othervdse, the Committee may appoint another member to act as Chairman protempore and shall make pro- vision for a secretary for the Committee, and any member of the Committee may administer oaths. . f. T¡.¡o (2) members of the Committee constitutes a quorum, and the Committee may adopt its O'"m rules of procedure but before hearing an appeal under (5) of Section 5 shall give notice or direct that notice be given of such hearing to such persons as the Committee considers should receive notice. g. The secretary shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the CommittAe, and Section 216 of the Municipal Act, R.S.a., 1970, C.2$4, as amended, applies mutatis mutandis to such documents. (5) Rights of Appeal a. ~fuen an OVffier or occupant upon ,.t1om an order has been served in accordance \'lÍth this By-la',T is not satisfied l'lÍth the terms or conditions of the order he may appeal by registered mail to the secretary of the Committee \'lÍthin fourteen (14) days after service of the order, and, in the event that no appeal is taken, the order shall be deemed to have been confirmed. . b. The secretary of the Committeet in receipt of the notice of appeal referred to in (5)a of Section 5 shall determine the date, place and time of the hearing of the appeal Nhich shall take place not less than seven (7) days and not more than thirty (30) days from the date of receipt of the foresaid notice, and give notice in ,.¡riting of the date, place and time of the hearing to the appellant and the Officer 'dho issued the order. e c. ''¡hen an appeal has been taken, the Committee shall hear the appeal and shall have all the powers and functions of the Officer and may confirm the order to demolish or repair or modify or quash it or may extend the time for complying "~th the order provided that in the opinion of the Committee, the general intent and purpose of the By-law and of the Official Plan or policy statement are maintained. d. The Committee shall give a copy of its vœitten decision to the appellant and the Officer vlÌlo issued the order. . . - 27 - e. The mUJlicipality in ':lÌlich the property is situated or any o~~er or occupant or person affected by a decision under (5)d of Section 5 may appeal to a Judge of the County or District Court of the Judicial District in which the property is located by so notifying the Clerk of the Corporation in ,.¡riting and by applying for an appointment vdthin fourteen days after the sending of the copy of the decision, and, (i) the Judge shall, in "Œiting appoint a day, time and place for the hearing of the appeal and in his appointment may direct that it shall be served upon such persons and in such manner as he prescribes; (ii) the appointment shall be served in a manner pre- scribed, and (iii) the Judge on such appeal has the same pO\18rS and functions as the Committee. f. The order, as deemed to be confirmed pursuant to (5)c of Section 5, or as confirmed or modified by the Committee pursuant to (5)d of Section 5, or, in the event of an appeal to a Judge pursuant to (5)e of Section 5, as confirmed or modified by the Judge, shall be final and binding upon the ovmer and occupant who shall make the repair or effect the demolition vdthin the time and in the manner specified in the order. (6) Certificate of Compliance . (7) . a. FolloÌ'1Íng the inspection of a property, the officer may, or on the request of an O\'lner shall, issue to the owner a certificate of compliance if, in his opinion, the property is in compliance VQth the standards of this By-la\1. b. "rhere a certificate of compliance referred to in subsection (a) is issued at the request of the ovmer, the o\mer shall be re~uired to pay a fee of $10.00 to the Corporation of the To"m of Kincardine. Penalties a. A penalty of not more than $100.00 shall be levied upon an o"mer for each day that he is in contravention of an order that is final and binding, such penalty to be recoverable under the Summary Conviction Act. b. Every person who removes a placard referred to in (3)d of Section 5 is guilty of an offence and shall, upon conviction thereof, forfeit and pay a penalty of not less than $5.00 and not more than $50.00, exclusive of cost and every such fine is recoverable under the S~~ry Convictions Act. - 28 - ($) Povrer of Corporation to ~epair or Demolish If the o¡.¡ner or occupant of the property fails to demolish the property or to repair in accordance \'lÍth an order as confirmed or modified, the Corporation in addition to all other remedies; · (i) shall have the right to demolish or repair the property accordingly and for this purpose Hith its servants and agents from time to time to enter in and upon the property; and (ii) shall not be liable to compensate such o¡.¡ner, occupant or any other person having an interest in the property by reason of anything done by or on behalf of the Corporation under the provisions of this section. · (9) Provision for Recovery of Zxpenses a. 1'fuereas Section 36 of The Planning Act being R.S.O. 1970, Chapter 349 is in Part III of The Planning Act; b. And whereas Section 40 of The Planning Act provides that Part XXI of The Municipal Act applies mutatis mutandis to by-laws passed under Part III of The Planning Act; c. And "lÌlereas Part XXI of The }~unicipal Act, being R.S.O. 1970, Chapter 284 provides in Section 469 that where the Council has authority to direct or require that any matter or thing be done, the COQ~cil may in default of its being done by the person directed or re- quired to do it, provide that it be done at his expense and may recover the expense incurred in doing it by action or in like manner as municipal taxes; · d. Therefore if the ovmer or occupant of property fails to demolish the property or to repair in accordance Hith an Order as confirmed or modified, such demolition or repair shall be done at his expense, and the Town of Kincardine may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes. (10) Validity and Conflicts · a. Notèdthstanding the inapplicability of a specific clause 'ÑÌthin the By-law to a given case, all other clauses will remain intact in part or as a \1Ìlole so as not to affect the intent of this By-law. - '29 - (10) b. "!here other By-laws, Regulations, Statutes, etc., prescribe standards of maintenance and occupancy already covered in this By-law, those rules providing the highest standard of care \'lÍll prevail. That By-la¡.¡ 40$0 BE and HE~E3Y is repealed. - READ a FIRST and SECOND time this 3rd da y of January , 1980. c- .' ~~~~ ¥yor -~.- - ~-Ø m-ÜA~/ ~Clerk Administrator ::..- READ a THIRD TlI'ß and FINALLY PASSED this 3rd day of January , 19$0. ~~ ;Jtfi0r /~~~r "-;"-,- - -. . -