HomeMy WebLinkAboutTWP 85 014 Property Standards
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THE CORPORATION OF THE TOWNSHIP OF
KINCARDINE
BY-LAW NO.
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BEING a By-Law for prescribing standards for the maintenance and
occupancy of property within the Township of Kincardine, for
prohibiting the occupancy or use of such property that does not
conform to the standards, and for requiring property below the
standards prescribed herein to be repaired and maintained to comply
with the standards or the land thereof to be cleared of all buildings,
structures, debris, or refuse and left in a graded and level condition.
WHEREAS the Corporation of the Township of Kincardine desires to
enact a By-Law pursuant to the provisions of Section 31 of the
Planning Act, R. S. O. 1983, Chapter 379 and amendments thereto;
AND WHEREAS there is in the County of Bruce an Official Plan which
includes provisions relating to property conditiona;
NOW THEREFORE the Council of the Corporation of the Township of
Kincardine hereby enacts as follows:
TABLE OF CONTENTS
- SECTION 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 i
(3) Safe Passage 8
(4) Accessory Buildings 8
(5) Fences 8
(6) Garbage Disposal 8
(7) Pest Prevention 9
(8) Foundations 9
(9) Overall Structure 9
(10) Thermal Insulation 9
(11) Exterior Walls 9
(12) Roofs 10
(13) Dampness 10
(14) Doors and Windows 10
(15) Stairs and Porches 10
(16) Handrail 10
(17) Egress 10
(18) Floors 11
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3. Maintenance and Repair of Residential Property Cont' d.
(19) Walls and Ceilings 11
. (20) Water 11
(21) Plunt>ing 11
(22) 'Ibilet, Kitchen and Bathroom Fa cilities 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. MAINmNANCE AND REPAIR OF IDN-RESIDENTIAL PROPERTY 15 - 24
(1) Lands 15
(2) Sewage and Drainage 16
· (3) Safe Passage 16
(4) AccessoIY Buildings 16
(5) Fences 16
(6) Signs 17
(7) GaJ:bage Disposal 17
(8) Pest Prevention 17
(9) Basanent Floors 17
(10) Foundations 18
(11) StJ:uctural Soundness 18
(12) Exterior Walls 18
(13) Roofs 19
(14) Danpness 19
(15) Doors and Wincbws 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) Plunt>ing 21
(24) 'Ibilet Facilities 22
(25) Electrical Service 22
(26) Light 23
(27) Ventilation 23
(28) Basanent or Unheated crawl Space 23
; · (29) Responsibility of Tenant 23
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AJ:MrNISTRATIOO AND ENFORCEMENI'
(1) Property standards Officer and Inspectors
(2) Right of EntIY
(3) Notice of Violation
(4) Property Standards Ccmnittee
(5) Rights of Appeal
(6) Certificate of Conpliance
(7) Penalties
(8) Power of Co:rporation to Repair or [)em::)lish
(9) Provision for Recove¡::y of ~
(10) Validity and ConfLicts
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1.
TITLE
This By-Law may be cited for all purposes as the TOWNSHIP OF
KINCARDINE PROPERTY STANDARDS BY-LAW.
2. DEFINITIONS
(1) "Accessory Building" - shall mean any building or structure
which 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 swimming pools, private greenhouses, patio
shelters and carports.
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(2) "Balustrade" - means a row of balusters or spindles
surmounted by a railing.
(3) "Basement" - shall mean that portion of a building between
two floor levels which is partly below finished grade level
but which haa at least fifty percent of its height from
finished floor to finished ceiling above adjacent finished
grade level to the ceiling is less than six feet.
"Bathroom" - means a room containing a bathtub or shower
with or without a water closet and basin.
"Building" - any structure used or intended for supporting
or sheltering any use or occupancy.
"Cellar" - shall mean that portion of a building between
two floor levels which has more than fifty percent of its
height from finished floor to finished ceiling below adjacent
finished grade level.
"Chief of the Fire Department" - means Chief of the Fire
Department of the Corporation of the Township of Kincardine.
"Committee" - means Property Standards Committee established
pursuant to Section 31(11) of The Planning Act, R.S.O. 1983,
Chapter 379, and amendments.
(9) "Corporation" - meana Corporation of The Township of Kincardine.
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(10) "Council" - shall mean the Council of the Corporation of the
Township of Kincardine.
(11) "Crawl Space" - means a space beneath a floor with clearances
of less than those required for basementa 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 purposea of human habitation and
includea the land and premises appurtenant thereto and all
out-buildings, fences or erections thereon or therein.
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"Dwelling'Unit"..- one or more rooms connected together as
a separate unit in the samè 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
walls of the building or structure, exclusive of any
embankement in lieu of steps.
(13)
(15) "Fire Resistant Rating" - means time in hours or parts
thereof that a material constuction or assembly will with-
stand fire exposure as determined in a fire test made in
conformity with 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
whole or any part of a premises and used or intended to
be used, or capable of being used in connection with the
building.
(18) "Maintenance" - the preservation and keeping in repair of
a property.
(19) "Means of Egress" - a continuous path of travel provided
by a doorway, hallway, corridor, exterior passageway,
balcony, lobby, stair, ramp or other egress facility for
the escape of persons from any point within a building,
floor area, room or contained open space to a public
thoroughfare or approved open space.
(20) "Medical 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 dwelling unit and a non-residential property.
(23) "Non-habitable Room" - any room in a dwelling or dwelling
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 between storeys.
(24) "Non-residential Property" - a building or structure not
occupied or cap~ble of being occupied in whole or in part
for the purposes of human habitation and includes those
lands and premises appurtenant thereto.
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(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 who 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 o.ther industrial or
commercial goods, wares, or merchandise.
(29) "Owner" - shall mean the assessed owner and all persons shown
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 which the word "owner" is used, whether in
his own account or as agent or trustee of any other person or
who would so receive the rent of such land and premises were
let, or a vendor of such land under an agreement for sale who
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 with which the word "owner" is used, under an
agreement for sale whether on his own account or as agent or
trustee for any other person or who would so receive the
installments of the purchase' price if such land or premises
were sold under an agreement for sale, and (b) a lessee or
occupant of the property who, 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.
(30) "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 whether heretofore or hereafter erected,
and ~ncludes 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-law. 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.
(32) "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 include
any land or buildings that are appurtenants to such establish-
ment and all steps, walk, driveways, parking spaces and
fences associated with the dwelling or its yard.
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(33) "Sewage" - any liquid waste containing animal, vegetable
or mineral matter in susp~as~OD~ or solution but does not
include roof water or other storm runoff.
(34) "Sewage System" - the municipal sewerage system or private
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 water
closets and wa.sh basins; and (b) in relation to residentia
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 lawfully used or intended to be
used or capable of being used in connection with the
building or structure.
3.
MAINTENANCE 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, within 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-Law is hereby prohibited. ANY RESIDENTIAL PROPERTY THAT DOES
NOT CONFORM TO THE STM~DARDS PRESCRIBED IN SAID SECTION 3 OF
THIS BY-LAW IS REQUIRED TO BE REPAIRED AND MAINTAINED TO CONFORM
TO THE STANDARDS SET OUT IN SECTION 3 OF THIS BY-LAW 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 otheI
debris and from objects or conditions that might create a
health, fire or accident hazard.
b. Heavy undergrowth 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 wrecked,
discarded, dismantled or abondoned condition shall not be
parked, stored or left in a yard, unless it is necessary
for the operating of a business enterprise lawfully
situated on the property.
d. All reasonable means shall be employed to prevent the
erosion of soil in the yard.
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Sewage and Drainage
a. Sewage or organic waste shall be discharged into a seweragE
system where such a system exists, where a sewerage 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 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 sidewalks, 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.
(~}, Safe Passage
Steps, walks, driveways, parking spaces and similar areas
of a yard shall be maintained so as to afford safe passage
under normal use and weather 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 weather
resistant through the use of appropriate weather resistant
materials.
(5) Fences
Fences shall be maintained in good condition and free from
possible hazards, and in the case of swimming pools in
conformity with the Township of Kincardine By-Law Number 82-08
Enclosures (fences) around swimming pools shall be a
minimum of four feet in height and be provided with locks in
good working order.
(6) Garbãge Disposal
a. Every dwelling and every dwelling unit within the
dwelling shall utilize sufficient receptacles or garbage bags
to contain all garbage, rubbish and ashes.
b. Receptacles shall be made of water tight construction
provided with 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
with by-laws of the Corporation of the Township of Kincardine
and all amendments thereto.
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Pest Prevention
a. A building shall be kept free of rodents, vermin and
insects at all times, and methods used for exterminating roden
or insects or both shall be in accordance with the provisions
of the current provincial Pesticides Act and all regulations
passed pursuant there ton. Furthermore, basement or cellar
windows 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 with wire
mesh, metal grill or other durable material which will
effectively exclude rodents.
Foundations·
a. The foundation walls and basement, cellar or crawl space
floors shall be maintained in good repair and be structurally
sound, and where 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 sustaining
safely its own weight and any additional weight that may be
put on it through normal use¡ materials which have been
damaged or show evidence of rot or other deterioration shall
be repaired or replaced.
b. All exterior surfaces shall be of materials which provide
adequate protection from the weather.
c. The exterior walls, roofs and other parts of a building
shall be free from loose, rotten, warped and broken materials
and objects¡ such materials and objects shall be removed,
repaired or replaced.
(10) Thermal Insulation
Thermal insulation of buildings to minimize heat losses shall
be done in accordance with the provisions of the Ontario
Building Code where necessary and practical.
(11) Exterior Walls
The exterior walls and their components of a building shall
be maintained so as to prevent their deterioration due to
weather and insects and shall be so maintained by the paint-
ing, restoring or repairing of the walls, coping or flashing,
by the waterproofing of joints and of the walls themselves,
by the installing or repairing of termite shields and by the
treating of the soil with appropriate pesticides.
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(12)
Roofs
A roof including the fascia board, soffit, cornice and
flashing shall be maintained in a watertight condition so
as to prevent the leakage of water into the building.
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(l3) Dampness
The interior floors, ceilings and walls 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.
(14) Doors and Windows
a. Windows and exterior doors and frames and basement or
cellar hatchways shall be maintained in good repair so as to
prevent the entrance of wind or rain into the building.
b. Rotted or damaged doors, door frames, window frames,
sashes and casings, weatherstripping, broken glass and
missing or defective door and window hardware shall be re-
paired or replaced.
c. Doors and windows shall be of such a construction as
to prevent drafts and minimize heat losses through infil-
tration of outside cold air in cold weather seasons.
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(l5) 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 wear or are broken, warped or loose and
all supporting structural members that are rotted or de-
teriorated shall be repaired or replaced.
(l6) Handrail
A handrail shall be installed and maintained in good repair
in a stairwell, and a balustrade shall be installed and
maintained in good repair on the open side of a stairway
with five or more risers and on the open side of a balcony,
porch or landing so as to provide protection against accident
or injury.
4IÞ (l7) Eqress
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a. There shall be provided and maintained a secondary means
of egress from the building for every dwelling unit located
on each floor above the first floor and for two or more
dwelling 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.
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(18) Floors
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a. Every floor shall be reasonably smooth and level and be
maintained so as to be free of all loose, warped, 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, shower 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 which would permit flame or excessive heat to
enter the concealed space.
b. Where fire resistant walls exist between separate dwelling
units, they shall be maintained in a good condition which
maintains their fire resistant quality.
(20)
Water
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Where a piped water system is available in the municipality:
a. Every dwelling unit shall be provided with an adequate
supply of drinkablerunning water frQm a source approved
by the local Medical Officer of Health.
b. Adequate running water shall be supplied to every water
closet.
c. Every sink, wash basin, bathtub or shower shall have an
adequate supply of hot and cold running water.
(21) Plumbing
All plumbing, drain pipes, water pipes and plumbing fixtures
in every dwelling and every connecting line to the sewerage
system shall be maintained in good working order and free
from leaks and defects and all water pipes and appurtenances
thereto shall be protected from freezing. All plumbing fix-
tures shall be connected to the sewerage system through water
seal traps and adequate vents.
· (22) Toilet, Kitchen and Bathroom Facilities
a. Every self-contained dwelling unit shall be provided
with at least one kitchen sink, water closet, wash basin,
and bathtub or shower, and an acceptable means of sewage
disposal.
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(22) b. Where toilet, kitchen or bathroom facilities are shared
by the occupants of residential accommodation other than
self-contained dwelling 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 with a sink served with 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
within one foot of an exposed cooking surface shall be of
fireproof material or covered with fire resistant material
except where such equipment is installed in accordance with
the manufacturer's specifications. There shall be at least
27 inches clear space above any exposed cooking surface.
(24)
Heatinq System
a. Every dwelling shall be provided with a heating system
capable of maintainiBg a continuous room temperature under
all conditions of 20 C (68oF) in all habitable rooms, bath-
rooms and toilet rooms unless otherwise permitted by the
Medical Officer of Health, between the 1st.day of November
and the 31st. day of May of the following year.
b. The required heating system in subsection (a) shall be
maintained in good working condition so as to be capable
of heating the dwelling safely to the required standard.
c. Permanently sealed connections shall be kept between
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 between 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 walls, curtains, and furniture.
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g. Where 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 dwellings with a central heating system,
the same shall be located in a separate room having walls,
ceiling and doors with a fire resistance rating of not less
than one and one half hours.
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 between 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.
Electrical Services
a. Every dwelling unit shall be wired 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 with at least. one permanent
light fixture.
c. Existing wiring and electrical equipment shall be in
good, serviceable and safe condition, as required by the
Ontario Hydro.
Light
a. All public halls and stairs in multiple dwellings shall
be illuminated at all times so as to proviãe safe passage.
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(28) ventilation
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a. Every habitable room shall have an opening or openings
for natural ventilation and such openings shall have a
minimum aggregate unobstructed free flow 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 which 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.
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d. Every basement, cellar, and unheated crawl space. shall
be adequately vented to the outside air; in a basement this
shall mean either screened openings, the area of which shall
not be less than one per cent of the floor area, and for an
unheated crawl space this shall mean an adequate number of
louvers with screened openings.
(29) O~cupancy 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 fOllowing requirements;
(i) Floor and walls 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.
t1i·il.Each habitable room shall be separated from the
heating equipment, incinerators or other equally
. hazardo.us1,'equipment by a partition having a fire
resis.tance rating of at least one hour.
(iv) Access to each habitable room shall be gained
without passage through a furnace or boiler room.
(v) 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 dwelling unit shall
not exceed one person per 100 square feet of habitable room
floor area; any child under one year of age shall not be
counted when 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
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d. Every room used for sleeping purposes in a dwelling or
dwelling unit shall provide a minimum width 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.
4. MAINTENANCE AND REPAIR OF NON-RESIDENTIAL PROPERTY
The provisions of Section 4 prescribe standards for the Mainten-
ance and Repair of Buildings, Lands and Accessory Buildings of
Non-Residential Property within 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-RESIDENTIAL PROPERTY THAT DOES NOT
CONFORM TO THE STANDARDS PRESCRIBED IN SAID SECTION 4 OF THIS
BY-LAW IS REQUIRED TO BE REPAIRED AND MAINTAINED TO CONFORM TO
THE STANDARDS SET OUT IN SECTION 4 OF THIS BY-LAW 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) 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 undergrowth and noxious plants, such as ragweed,
poison ivy, poison oak, and poison sumac shall be eliminated
from the lands.
c. Without limiting the generality of lea) no vehicle or
trailer, or boat, or mechanical equipment which 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. Where these
vehicles, trailers, or mechanical equipment are required
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 surrouding property by the use of
view obstructing materials, where 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 with 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 lawns, hedges and bushes shall be maintained and
kept. trimmed and from becoming overgrown and unsightly.
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(2) Sewaqe and Drainaqe
a. Sewage 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 sewer provided that a storm
sewer is available. If such storm sewer is not availablè to
the land or in the opinion of the Council of the Corporation
should not be used, the rain water 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.
(3)
Safe Passaqe
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Steps, walks, driveways, parking spaces and similar areas
of the land shall be maintained so as to afford safe passage
under normal use and weather 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 Buildinqs
a. An accessory building shall be kept in good repair and
free from health, fire and accident hazards.
b. Where 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 with the provisions of The
Pesticides Act, R.S.O.,1973, Chapter 346 and all Regulations
passed pursuant thereto.
(5)
Fences
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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, wrappers, paper, rubbish and
debris from blòwing onto adjoining property.
b. All rences around or on non-confQrming residential
property shall be kept in good repair free from accident
hazards and protected by paint, preservative and other
weather-resistant material.
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(6) Siqns
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All signs and billboards shall be maintained in good repair
and any signs which are excessively weathered or faded, or
those upon which the paint has excessively peeled or cracked
shall, with their supporting members, be removed or put into
a good state or repair.
(7)
Garbaqe Disposal
a. Every building shall be provided with 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-laws in substitution
therefore.
b. Receptacles shall be acceptable plastic bags or other
containers:
(i) made of water tight construction
(ii) provided with a tight fitting cover, and
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(iii) maintained in a clean state.
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c. Every building shall be provided with rodent proof
storage space for garbage and trade waste and other disposal
containers.
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d.. Containers shall be made available for the disposal of
refuse which may be discarded by customers and the lands
and surrounding property shall be kept free of such refuse.
(8) Pest Prevention
a. A non-residential property shall be kept free of rodents,
vermin, and insects at all times and methods used for ex-
terminating rodents or insects or both shall be in accordance
with the provisions of the Pesticides Act, R.S.O., 1973
Chapter 346 and all Regulations passed pursuant thereto.
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b. A basement crawl space or cellar window used or required
for ventilation and afty other opening in a basement, crawl
space or cellar, including a floor drain that might permit
the entry of rodents, shall be screened with wire mesh, metal
grill or other durable material as will effectively exclude
rodents.
(9)
Basement Floors
a. Basement or cellars which are served by a stairway
leading from the building or from outside the building shall
have a concrete floor, and where required, with a floor drain
located at the lowest point of the said floor and connected
to a sewage system.
b. A concrete floor in a basement shall be free from wajor
cracks, breaks or such as may create a hazardous condition.
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(10) Foundations
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a. The foundation walls and the basement, cellar or crawl
space floor shall be maintained in good repair and struc-
turally sound and where necessary shall be so maintained by
shoring of the walls, installing subsoil drains at the
footin, grouting masonry cracks, parging and waterproofing
the walls or floor.
b. Every bUilding, unless of the slab-on-grade type shall
be supported by foundation walls or piers with adequate
footings.
(11) structural Soundness
a. Every part of a building shall be maintained in a
structurally sound condition so as to be capable of sus-
taining safely its own weight and any. load to which 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.
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c. Exterior walls, 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 with a protective coating
of paint or otherwise repaired, coated, sealed or treated
to protect them from deterioration or weathering.
(12) Exterior Walls
a. The exterior walls and their components shall be
maintained so as to prevent their deterioration due to
weather and insects, and shall be so maintained by the
painting, restoring, or repairing of the walls, coping or
flashing, by the waterproofing of joints and of the walls
themselves, by the installing or repairing of termite shields
and by the treating of the soil with poison, in accordance
with provisions of The Pesticides Act, R.S.O., 1973, Chapter
346 and all Regulations passed pursuant thereto.
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b. All canopies, marquees, signs, awnings, 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
weather coating material such as paint or other protective
treatment.
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(12) c. All cornices, entablatures, belt courses, corbels,
terra-cotta trim, wall facings, and similar decorative
features shall ,be main tained-;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 water condensator
directed so as not to create a hazard.
e. Where mechanical ventilation is used the ventilating
duct which is on the exterior wall shall not be located
closer than six feet from a window located in an adjoining
building, or in the building in which the ventilating duct
is located.
(13) S22!
A roof, including a fascia board, soffit and cornice shall
be maintained in a watertight condition so as to prevent
leakage of water into the building.
(14)
Dampness
The interior floors, ceilings, and walls shall be kept free
from dampness.
(l5)
Doors and Windows
a. Windows, exterior doors and basement or cellar hatch-
ways shall be maintained in good repair so as to prevent
the entrance of wind or rain into the building.
b. Rotted or damaged doors, door frames, window,frames
sashes and casings, weatherstripping, broken glass and
defective door and window hardware shall be repaired or
replaced.
c. No window shall be covered with plywood or any other
material except for a reasonable period to enable a damaged
window 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 which may constitute possible accident
hazards and all treads or risers that show excessive wear
or are broken, warped 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,
stairwell and stairway with a rise of five feet or more.
The width of the openings between rungs of a balustrade
shall not exceed five inch (5") centre.
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b. A handrail shall be installed and maintained in good
repair on all stairways with more than three risers.
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(18)
Walls and Ceilings
a. Every wall and ceiling shall be maintained so as to be
free of holes, cracks, loose coverings or other defects
which permit flame or excessive heat to enter the concealed [
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b. Where 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 to the underside of the finished roof surface and
such walls shall consist of two half inch layers of gypsum
wallboard or material of equivalent fire resistance rating I
and all cracks or openings shall be tightly sealed with
caulking or mineral wool or similar non-combustible
material.
(19)'
Floors
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a. Every floor shall be smooth and level and be main-
ained so as to be free of all loose, warped, protruding,
broken or rotted boards that might cause an accident or
allow dirt to accumulate and all defective floor boards
shall be repaired.
b. Where floor boards have been covered with 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 shower room shall have
a floor of water repellent construction.
(20) Cleanliness
a. All surfaces of public halls and stairs shall be
maintained in a clean condition.
b. The building shall not contain rubbish or debris
which constitues a fire, health or accident hazard.
(2l) Egress
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There shall be provided two means of egress from every
floor area where in the opinion of the Fire Chief the
existing exits are inadequate for the safey of the occupants.
(22) Heating System
a. Where persons are employed in duties and operations
in an enclosed space or from within a building and not
engaged in active physical activity the heating equipment
shall be capàble of providing adequate and suitable heat
in such spaces or room during working hours.
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(22)
(23)
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b. The heating system required by section 22(a) shall be
maintained in good working condition so as to be capabJe 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 within the room where the heater
is located.
d. Where 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
walls, ceiling and doors with a fire resistance rating of
not less than that required for new construction of such
room in accordance with any by-law of the Co~poration.
i. Section 21(h) does not apply where there is a fire
separation between the dwelling 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 dwelling unit and non-residen-
tial property are occupied by the same tenant.
j. A space that contains a heating unit shall have natural
or mechanical means of providing the required combustion
air approved by the Fire Chief.
Plumbinq
a. All plumbing, drain pipes, water pipes, and plumbing
fixtures in every building and every connecting line to the
sewage system shall be maintained in good working order and
free from leaks and defects and all water pipes and appurten-
ances thereto shall be protected from freezing.
b. All waste pipes shall be connected to the sewage system
through water seal traps.
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(25)
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Toilet Facilities
a. Buildings where people work shall have a minimum of
one water closet and one wash basin supplied with hot and
cold running water located in an enclosed room conveniently
accessible to the employees.
b. All toilet rooms shall be fully enclosed and with a door
capable of being locked so as to provide privacy for the
occupant. Provided where the toilet room contains more than
one water closet or toilet compartment, each water closet or
toilet compartment shall be provided with 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 walls and
ceilings shall be provided with 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 water.
d. Each toilet room shall be provided with an adequate
supply of toilet paper, soap and individual towels or other
means of drying.
e. Every toilet room shall be provided with an opening or
openings for natural ventilation located in an exterior
wall or through openable parts of skylights and all such
openings shall have a minimum aggregate unobstructed free
flow area of one square foot.
f. An opening for natural ventilation may be omitted from
a toilet room where a system of mechanical ventilation has
been provided such as an electric fan with a duct leading
to outside the building and which operates whenever the
light is turned on in the toilet room.
g. Where mechanical ventilation is used the ventilating
duct which is on the exterior wall shall not be located
closer than six feet from a window located in an adjoining
building 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 which are not part of a fixture shall
not be permitted on a semi-permanent or permanent basis.
c. The electrical wiring and all electrical fixtures
located or used in a building shall be installed and main-
tained in good working order and in conformity with Regu-
lation 683 Revised Regulations of Ontario, 1970, respecting
electrical safety and any amendments thereto.
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(26) Liqht
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a. Sufficient windows, 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 stairways whenever the building is in use,
and at least one foot candle in all stairways provided for use
in case of fire or other emergency.
b. Levels of illumination shall be measured at the floor
i 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 flow area of three square feet and shall be located
in the exterior walls or througþ openable parts of sky-
lights.
b. An opening for ventilation may be omitted if mechanical
ventilation is provided which changes the air once each
hour.
4IÞ (28) Basement or Unheated Crawl Space
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a. Every basement and unheated crawl space shall be ade-
quately vented to the outside air by means of screened
windows which can be opened or by louvers with screened
openings, the area of which 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 provisions of any lease, the tenant of a
building shall:
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a. Maintain that part of the non-residential property
which he occupies or controls in a clean, sanitary and
safe condition.
b. Maintain all plumbing fixtures and appliances as well
as other building equipment and storage facilities in that
part of the premises which 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.
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(29) d. Dispoae of garbage and refuae into provided facilities
in a clean and sanitary manner, in accordance with the
provisions of the Local By-Laws of the Corporation.
e. Exterminate insects, rodent a or other pests within 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. Make available containers for the disposal of refuse which
may be discarded by customers and keep the lands and
surrounding property free of such refuse.
5. ADMINISTRATION AND ENFORCEfoENT
(1) Propertv Standards Officer
a. This By-Law shall be administered and enforced by a
Property Standards Officer appointed by the Township of Kincardine.
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b. Any Building or Plumbing Inspector of the Townahip, Health
Inspector of the Bruce Health Unit, or Fire Inspector of
the Township's Fire Department a are hereby authorized to act
as aaaistants to the Property Standards Officer from time to
time.
(2)
RiQht of Entrv for Inapectinq Propertv
a. An Officer or any of the aforementioned officiala acting
under his instructions may at all reasonable times and upon
producing proper identification, enter and inspect any
property.
b. Except under the authority of a search warrant issued under
Section 142 of the Provincial Offences Act, an officer or
any person acting under his instructions shall not enter any room
or place actually used as a dwelling without requesting and
obtaininQ the consent of the occupier, first having informed the
occupier that the riqht of entrv mav be refused and entry made
only under the Authority of a search warrant.
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(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 owner of the property and all persons shown by the
recorda of the Regiatry Lffice and the Land Titles Office to have
any interest therein a notice containing particulars of the
nonconformity and may, at the aame time, provide all occupants
with a copy of such notice.
b. After affording any person served with a notice provided
for by (3)a of Section 5 an opportunity to appear before the Officer
and to make representations in connection therewith, the Officer
may make and serve or cause to be served upon or send by prepaid
regiatered mail to such person an order containing:
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(3)
(i) the municipal address or 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 must be a compliance with the terms and conditions
of the order and notice that, if such repair or clearance
is not done within the times specified in the order, the
municipali ty may carry oÙt the repair or clearance at
the expense of 'the owner; and
(iii)
the final ðate for giving notice of appeal from the ordeI
c. A notice or an order under (3)a or (~)b of Section 5 when
sent ~y 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
p~operty 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 with the order on the date on
which the order was served under (3)b of Section 5 and,
when the requirements of the order have been satisfied, the
Clerk of the Municipality shall forthwith register in the
proper Registry or Land Titles Office a certificate that
such requirements have been satisfied, which shall nperate
as a discharge of such order.
(4) Property Standards Committee
a. A ~roperty Standards Committee is hereby established
to review tàe"orders issued by an Officer under (3) a:·.o£::
Section 5.
b. The Committee shall be composed of two (2) persons
of the Township of Kincardine and one (1) member of the
Council of the Corporation, to be appointed by the Council
of the Corporation, as the '.terms expire, based on replies
to an advertisement for two (2) persons, 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 with one term expiring annuall~
so that the first appointments shall be for one, two anò
three years.
d. The members of the Committee shall elect one of them-
selves as Chairman, and when the Chairman is absent through
illness or otherwise, 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.
e. Three (3) members of the Committee constitutes a
quorum, and the Committee may adopt its own rules of pro-
cedure 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.
f. The secretary shall keep on file minutes and records of
all applications and the decisions thereon and of all other
official business of the Committee, and Section 216 of the
Municiapal Act, R.S.O., 1970, C.284, as amende, applies
mutatis mutandis to such documents.
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Riqhts of Appeal
a. When an owner or occupant upon whom an order has been
served in accordance with this By-Law is not satisfied with
the terms or conditions of the order he may appeal by re-
gistered mail to the secretary of the Committee within fourteen
(14) days after service of the order, and, in the event that
no appeal is taken, the order shall be deem~d to have been
confirmed.
b. The secretary of the Committee, in receipt of the notice
of the appeal referred to in (5) a of Section 5 shall determine
the date, place and time of the hearing of the appeal which
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 writing of the date, place and time
of the hearing to the appellant and the Officer who issued the
order.
c. When 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 with
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 written decision to
the appellant and the Officer who issued the order.
e. The municipality in which the property is situated or any
owner 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 writing and by
applying for an appointment within fourteen days after the
sending of the copy of the decision, and,
(i) the Judge shall, in writing appoint a day, time, and
place for the hearing of the appeal and in his appoint-
ment may direct that it shall be served upon such person
and in such manner as he prescribes;
(ii) the appointment shall be served in a manner prescribed,
and
(iii) the Judge on such appeal has the same powers and functio.s
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 pursuan
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 owner and
occupant who shall make the repair or effect the demolition
withing the time and in the manner specified in the order.
(6) Certificate of Compliance
(a) Following the inspection of a property, the officer may,
or on the request of an owner shall, issue to the owner a
certificate of compliance if, in his opinion, the property
is in compliance with the standards of this By-law.
(b) Where a certificate of compliance referred to in sub-
section (a) is issued at the request of the owner, the owner
shall be required to pay a fee of $10.00 to the Corporation
of the Township of Kincardine.
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(7)
Penalties
a. A penalty of not more than $lDO.OO shall be levied upon
an owner 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 ramoves 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 Summary Convictions Act.
(8) Power of Corporation to Repair or Demolish
If the owner or occupant of the property fails tD demolish the
property or to repair in accordance with an order aa 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 with its servants and
agents from time to time to enter in and upon the
property; and
(ii) shall not be liable to compensate such owner, 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) Proviaion for Recoverv of Expenses
( a.) Where a municipality demolishes or repaira prDperty as
mentioned in subsection (20) or takes measures to terminate
a danger as mentioned in subsection (24) the municipality
may recover the expense incurred in respect thereof by any
or all of the methods provided for in section 325 of the
Municipal Act, except that such amount, if any, as is to be
borne by the municipality aa a result of a determination
under clause (28) (c) may not be recovered. Section 31-(1) (30)
Planning Act 1983
(10)
Validity and Conflicts
(a.) Notwithstanding the inapplicability of a specific clause
within the By-Law to a given case, all other clauses will
remain intact in part or as a whole so as not to affect
the intent of this By-Law.
. . .. 28
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(10)
Where other By-Laws, Regulations, statutes, etc.,
prescribe standards of maintenance and occupancy
already covered in this By-Law, those rules pro-
viding the highest standard of care will prevail.
(b)
READ a FIRST and SECOND time this
t ¿ day of +..,~~:,.
fß~NfftfÆ;'h :: ';
C rk-Treasu _ ~. ~ _. ~ -
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Reeve
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READ a THIRD TIME and FINALLY PASSED this
¿d
day of
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~ rk-Treasu er - - _-_- _.:..-:.-..:'
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, 1985.
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