HomeMy WebLinkAboutTIV 86 005 Repealed by TWP98 16
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THE CORPORATION OF THE VILLAGE OF TIVERTON ~- /;,~"f '* q
BY-LAW NUMBER 1986- S
BEING A BY-LAW for prescribing standards for the maintenance and occupancy of
property within the Village of Tiverton 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:
,
I WHEREAS the
1'1
pursuant to
II Chapter 379
:1
]I
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Corporation of
the provisions
and amendments
the Village of Tiverton desires to enact a by-law
of Section 43 of the Planning Act, R.S.O. 1980,
thereto:
an Official Plan which
AND WHEREAS there is in effect in the Village of Tiverton
includes provisions relating to property conditions:
NOW THEREFORE, the Council of the Corporation of the Village of Tiverton HEREBY
ENACTS as follows:
1. SHORT TITLE
This By-law
By-law".
2. APPLICATION
This by-law
3. DEFINITIONS
may be cited as the "Property Maintenance and Occupancy Standards
shall apply to all lands, buildings, dwellings and dwelling units.
In this By-law, unless the context otherwise requires:
1. Accessory Building or Structure - means a detached subordinate building
not used for human habitate located on the same lot as the main building
and includes a detached private garage, carport, greenhouse, swimming pool
and patio shelter.
2. Building - means any structure, whether temporary or permanent, used or
built for the shelter, accommodation or enclosure of persons, animals,
materials or equipment.
3. Basement - shall mean that portion of a building between two floor levels
which is partly below finished grade level but which has at least iffty
percent of its height from finished floor to finished ceiling above
adjacent finished grade level.
4. Bathroom - means a room containing a bathtub or shower with or without a
water closet and basin.
5. 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.
6. Committee - means Property Standards Committee.
7. Corporation - means Corporation of the Village of Tiverton
8. Crawl Space - means a space beneath a floor with clearances of less than
those required for basements or cellars.
9. 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 outbuildings, fences or erections thereon or therein.
10. Dwelling Uriit - shall mean one or more rooms connected together as a
separate unit in the same structure and constituting an independent house-
keeping unit for residential occupancy by humans for living and sleeping
purposes.
11. 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 embankment in lieu of steps.
By-law Number 1986-
Village of Tiverton
-2-
12. Floor Area - means the total floor area contained within a building or
room which area is measured between the exterior faces of the exterior
walls.
13. Habitable Room - means any room in a dwelling unit used or intended to
be used for living, sleeping, cooking or eating purposes.
14. Injurious
Health or
means injurious in the opinion of the Medical Officer of
a Public Health Inspector.
.
15. Landscaping - means any combination of trees, flowers, shrubs, grass, or
other horticultural elements, together with decorative stonework, paving,
screening or other architectural elements, all of which is designed to
enhance the visual amenity of a property and/or to provide a screen but
does not include parking areas, patios, walkways, driveways, or ramps.
16. Lot - means a parcel or tract of land which is legally in distinct and
separate ownership or which is shown on a registered plan of subdivision.
A registered plan of subdivision, for the purposes of this paragraph, does
not include a plan which is deemed not to be registered plan of subdivision
by a by-law passed under the Planning Act.
17. Maintenance - shall mean the preservation and keeping in repair of a
property.
18. Means of Egress - means 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 thorough-
fare or approved open space.
19. Medical Officer of Health - means the Medical Officer of Health for
Bruce County.
20. Multiple Dwelling - means a dwelling containing three or more dwelling
units.
21. Non-habitable Room - any room in a dwelling or dwelling unit other than
a habitable room and includes a bathroom, toilet room, laundry, pantry,
lobby, communicating corridor, stairway, closet, cellar, boiler room or
other space for service and maintenance of the dwelling for public use
and for access to, and vertical travel between storeys.
22. Non-residential property - means a building or structure not occupied in
whole or in part for the purposes of human habitation and includes the
lands and premises appurtenant thereto.
23. Nuisance - is the interference or interferences for a substantial length
of time by owners or occupiers of property with the use or enjoyment of
the neighbouring property.
24. Officer - means a Property Standards Officer who has been assigned the
responsibility of administering and enforcing by-laws.
.
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. Owner - includes the person for the time being managing or receiving the
rent of the land or premises in connection with which the word is used
whether on his own account or as agent or trustee of any other person or
who would so receive the rent if such land and premises were let, and
shall also include 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.
28. Property - means a building or structure or part of a building or structure
and includes the lands and premises appurtenant thereto and all mobile
homes, mobile buildings, mobile structures, outbuildings, fences and
erections thereon whether heretofore or hereafter erected, and includes
vacant property.
By-Law Number 86 -
Village of Tiverton
- 3 -
29. 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 standards established in this
by-law. All repairs shall be made in conformity to the governing
provincial regulations.
30. Residential Property - means 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 appurtenant to such establishment and all steps, walks, drive-
ways, parking spaces and fences associated with the dwelling or its yard.
31. Sanitary Unit - means a water closet or a urinal.
.
32. Sewage - means any liquid waste containing animal, vegetable or mineral
matter in suspension or solution but does not include roof water or other
storm runoff.
33. Sewerage System - means the Village of Tiverton sanitary sewerage system
or a private sewerage disposal system approved by the Medical Officer of
Health.
34. Standards - means standards of physical condition and of occupancy
prescribed for property by this By-law.
35. Toilet Room - means a room containing a sanitary unit and a wash basin.
36. Yard - means the land other than publicly owned land around and
appurtenant to the whole and any part of a building.
4. MINIMUM STANDARDS FOR ALL PROPERTY
1. Maintenance of 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) Any vehicle including a trailer, which is a wrecked, discarded,
dismantled, abandoned, or inoperable 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.
2. Sewage and Drainage
(a) Sewage or organic waste shall be discharged into a,~ewage
system.
.
(b) Sewage of any kind shall not be discharged onto the surface of the
ground, whether into a natural or artificial surface drainage system
or otherwise.
(c) No roof drainage shall be discharged onto public sidewalks, stairs,
or neighbouring property.
(d) Storm water and sump pump water shall be drained from the yard so as
to prevent recurrent ponding or the entrance of water into a basement
or cellar and in a manner that will minimize erosion of adjacent
property.
~
By-Law Number 86 -
Village of Tiverton
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3. 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. Such areas shall be promptly cleared of snow and appropriate
measures shall be taken to minimize the risk of persons slipping or
vehicles skidding on icy surfaces.
4. Accessory Buildings and Fences
(a) Accessory buildings and fences 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.
(c) In the event of fire or other disaster, measures shall be taken
promptly to restore or repair the building to a safe condition and
a tidy appearance. In the event the building or accessory structure
is beyond repair the land shall be cleared of all remains and left
in a graded condition and suitably landscaped.
5. Garbage Disposal
(a) 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 Village of Tiverton as agreement with Village of
Tiverton and contractor.
(b) Every dwelling and every dwelling unit within the dwelling shall
utilize sufficient receptacles or garbage bags to contain all garbage,
rubbish and ashes.
6. Pest Prevention
(a) A building shall be kept reasonably free of rodents, vermin and insects
at all times and methods used for exterminating rodents or insects or
both shall be in accordance with the provisions of the current
Pesticides Act, and all regulations passed pursuant thereto.
(b) 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 the entry of rodents, shall be screened with wire mesh,
metal grill or other durable material as will effectively exclude
rodents.
7. Foundations
(a) The foundation walls and the basement, Ë~llâr or crawl space floors
shall be maintained in good repair and structurally sound and where
necessary shall be so maintained by shoring of the walls, installing
of subsoil drains at the footings, grouting masonry cracks, parging
and water-proofing the walls or floors.
.
(b) Every basement, cellar and crawl space in a building shall be
adequately drained and ventilated to the outside air.
8. Structural Standard
(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 load to which it may be subject through normal use.
Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
(b) The exterior walls, roofs, and other parts of the building shall be
free from loose, rotted, warped and broken materials and objects.
Such materials and objects shall be removed, repaired or replaced.
(c) All exterior surfaces shall be of materials which provide adequate
protection from the weather.
By-Law Number 86 -
Village of Tiverton
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9. 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
and by the installing or repairing of termite shields or other suitable
methods.
(b) All canopies, marquees, signs, awnings, stairways, fire escapes, stand
pipes, exhaust ducts, and similar overhead extensions shall be main-
tained 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.
.
(c) All air conditioners which are installed and operated directly over a
walkway shall be equipped with proper devices for the prevention of
condensation drainage upon the walkway.
10. Roof
(a) A roof including the facia board, soffit, cornice and flashing shall
be maintained in a watertight condition so as to prevent leakage of
water into the building.
(b) Dangerous accumulations of snow or ice or both shall be removed from
the roof of the building.
11. Dampness
(a) The interior floors, ceilings and walls shall be kept from dampness
arising from the entrance of moisture through an exterior wall or
roof, or through a cellar, basement or crawl space floor.
12. Doors and Windows
(a) Windows, exterior doors and basement or cellar hatchways shall be
maintained in good repair so as to prevent the entrance of wind, rain
or snow into the building.
(b) Rotted or damaged doors, door frames, sashes and casings, weather
stripping, broken glass and defective door and window hardware shall
be repaired or replaced.
(c) Doors and windows shall be of such a construction as to prevent drafts
and minimize heat losses through infiltration of outside cold air in
cold weather seasons.
13. Stairs and Porches
(a) An 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 which show excessive
wear or are broken, warped or loose and all supporting structural
members which are rotted or deteriorated shall be repaired or replaced.
.
14. Egress
(a) Every dwelling unit or building shall have a means of egress and fire
warning devices as specified in the Ontario Fire Codes.
(b) The means of egress and fire warning devices shall be to the satis-
faction of the local fire department.
15. Handrail
A handrail shall be installed and maintained in good repair in a stairwell
and on the open side of a stairway with more than 5 risers. The open side(s)
of a balcony, porch or landing shall be protected by a balustrade of a
minimum height of 3'6". Openings through such a balustrade shall be of a
size as to prevent the passage of a spherical object having a diameter of
4 inches.
By-Law Number 86 -
Village of Tiverton
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16. Walls and Ceilings
(a) Every wall and ceiling shall be maintained so as to be easily cleaned
and shall be free of holes, cracks, loose coverings or other defects
which would permit flame or excessive heat to enter concealed space.
(b) Wall, floor, ceiling and roof construction, including fire protective
closures, sprinkler systems and other means of fire protection, shall
be maintained in such a manner as to afford the fire resistive
properties and protection for which they were designed.
17.
Floors
.
Every floor and floor covering shall be reasonably smooth and level and be
maintained so as to be free of all loose, warped, protruding, broken or
rotted boards which might cause an accident or allow dirt to accumulate and
all defective floor boards shall be repaired or replaced.
18.
Cleanliness
Every floor, wall, ceiling and fixture in a building shall be maintained
in a clean and sanitary condition and the building shall be kept free from
rubbish, debris, or other conditions which constitute a fire, accident or
health hazard.
19. Water
Every dwelling unit shall be provided with a safe and adequate supply of
drinkable running water from a source approved by the Medical Officer of
Health.
20. Plumbing
All plumbing, drain pipes and plumbing fixtures in every building 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
fixtures shall be connected to the sewerage system through water seal
traps and adequate vents.
21. Toilet, Kitchen and Bathroom Facilities
(a) Every self contained dwelling will have toilet and bathroom facilities
to meet the minimum standards of the Department of Health. Under
normal circumstances, this would include:
(i) a sanitary unit,
(ii) a kitchen sink,
(iii) a wash basin,
(iv) a bathtub or shower
(b) Where toilet, bathroom, or kitchen facilities are shared access shall
be provided from a common passageway, hallway or corridor. The
number of toilets, kitchens or bathrooms required shall be related to
the number of occupants in accordance with the Ontario Building Code.
.
22. Bathroom and Toilet Room
(a) All bathrooms and toilet rooms shall be located within and accessible
from within the dwelling, and shall be fully enclosed so as to provide
privacy for the occupant.
(b) Buildings where people work shall have a toilet room with a mlnlmum
of one sanitary unit and one wash basin supplied with hot and cold
running water located in an enclosed room conveniently accessible to
the employees.
23. Kitchens
(a) Every self-contained dwelling unit shall contain a kitchen area
equipped with a sink served with water, storage facilities, a counter-
top work area and space for a stove and refrigerator.
(b) Every main cooking space shall have provided an adequate and approved
energy source.
By-Law Number 86-
Village of Tiverton
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24. Heating System.
(a) Every dwelling shall be provided with an approved heating system capable
of maintaining a room temperature of 20 degrees Celsius.
(b) The required heating system shall be maintained in good working condition
so as to be capable of heating the dwelling safely to the required
standards.
(c) No room heater shall be placed so as to cause a fire hazard to walls,
curtains, and furniture, nor to impede the free movement of persons
within the room where the heater is located.
.
(d) In multiple dwellings with a central heating system, such heating
equipment shall be located in a separate room.
25. Chimneys
(a) Equipment burning fuel shall be properly vented to a duct leading to an
adequate chimney or a vent flue approved for that purpose.
(b) Every chimney, smoke pipe and flue shall be maintained so as to prevent
gases from leaking into the dwelling. Abandoned flues and chimneys
shall be either removed or maintained in a safe condition, including
being adquately capped.
(c) All flues shall be kept clear of obstructions, all open joints shall
be sealed.
(d) All heating equipment and fuel burning appliances shall be installed
to conform with the appropriate provincial regulations.
26. Electrical Services
Electrical facilities complying with the requirements of the Ontario Hydro
shall be provided for all residential accommodations.
27. Lighting
(a) The owner shall insure that all public halls, stairs and outside
entrances in multiple dwellings shall be adequately lighted.
(b) In all parts of a non-residential building a level of illumination
shall be provided and maintained which will adequately protect all
persons within the building from health and accident hazards.
28. Ventilation
(a) Every habitable room shall have an opening or openings for natural
ventilation and such opening or openings shall have a minimum
aggregate unobstructed free flow area of three square feet.
(b) An opening for natural ventilation may be omitted from a room if
mechanical ventilation is provided, which is capable of changing
the air once every hour.
4IÞ 29. Nuisance
(a) On a property which, because of its use or occupancy or for other
reasons, might create a nuisance to adjacent property or to the
neighbourhood or to users of streets or parks, every reasonable
precaution shall be taken to prevent such nuisance by
(i) Employing any means necessary and sufficient for the purpose.
30. Unoccupied Buildings
(a) Where any building is unoccupied, the owner or his agent shall take
reasonable steps to protect every such building against the risk of
fire, accident or other danger and shall effectively prevent the
entrance thereto of all unauthorized persons.
(b) All materials used for boarding up unoccupied buildings shall be
covered with a preservative and maintained so as to be attractive
in appearance.
By-Law Number 86 -
Village of Tiverton
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31. Landscaping
Hedges, planting, trees or other landscaping, required by the Village as a
condition of site development or to comply with by-laws, shall be main-
tained in a living condition or shall be replaced with equivalent land-
scaping, so as to carry out their intended function and maintain an
attractive appearance.
32. Signs
All permitted signs on any non-residential property shall be maintained in
a good state of repair.
.
Signs which are damaged or broken, or which are excessively weathered or
faded or upon which the finish is worn, peeled or cracked, shall, with their
fastenings or supporting members, be removed or shall be refinished and put
in a good state of repair.
33.
Occupancy Standards
(a) The maximum number of occupants in a dwelling unit shall not exceed
one person per 100 square feet of habitable room floor area.
(b) For the purpose of computing the maximum number of occupants in
subsection (a), any child under one year of age shall not be counted,
and any child of more than one year of age but under twelve years of
shall be deemed one-half person.
(c) The floor area under a ceiling less than 7' high shall not be counted
for the purpose of computing habitable room space.
34. Thermal Insulation
Thermal insulation of buildings to m1n1mize heat losses shall be done in
accordance with the provisions of the Ontario Building Code where
necessary and parctical.
5. ADMINISTRATION AND ENFORCEMENT
1. Officers and Inspectors
This by-law shall be administered and enforced by a Property Standards
Officer appointed by the Corporation.
2. Inspection and Entry
(a) An Officer or any person 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 dwelling without
consent of the occupier except under the authority of a search
warrant issued under Section 142 of the Provincial Offences Act,
R.S.O. 1980.
3. Notice of Violation and Contents of Order
(a) If after inspection, the Officer is satisfied that is some respects
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 records of the Land Registry Office, and the
Sheriff's Office to have any interest therein a notice containing
particulars of the non-conformity and may, at the same time, provide
all occupants with a copy of such notice.
(b) After affording any person served with a notice provided for by
Section 5(3(a) 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 registered
mail to such person an order containing:
By-Law number 86 -
Village of Tiverton
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3. (b) cont...
(i) The municipal address or the legal description of such
properties.
(11) 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 graded and levelled
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 so done within the times specified
in the order, the municipality may carry out the repair or clear-
ance at the expense of the owner, and
(111) the final date for giving notice of appeal from the order.
.
(c) A notice or an order under Section 5(3(a) or (b) when sent by
registered mail shall be sent to the last known address of the
person it whom it is sent.
(d) If the Officer is unable to effect service under Section 5(3(a) or
(b), 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 Section 5(3(b) may be registered in the proper Land
Registry 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 subsection (b) and, when the requirements of
the order have been satisfied, the Clerk of the Municipality shall
forthwith register in the proper Land Registry Office a certificate
that such requirements have been satisfied, which shall operate as
a discharge of such Order.
4. Property Standards Committee
(a) A Property Standards Committee is hereby established consisting of
three resident ratepayers of the Village of Tiverton to be appointed
by Council for a three year term, one for a term of one year, one for
a term of two years, and one for a term of three years, and thereafter
Council will each year fill vacancies as they occur.
(b) 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 "employee" for the
purpose of this section.
(c) The members of the Committee shall elect one of themselves 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 provisions for a secretary for the Committee, and any member
of the Committee may administer oaths. (Chairman carries vote)
(d) The members of the Committee shall be paid such compensation as Council
may provide.
.
(e) The secretary shall keep on file minutes and records of all applications
and decisions thereon and of all other official business of the Committee,
and section 78 of the Municipal Act, R.S.O. 1980 c. 302, and amendments
thereto applies mutatis mutandis to such documents.
(f) A majority of the Committee constitutes a quorum, and the Committee may
adopt its own rules of procedure but before hearing an appeal under
Section 5(5(b) shall give notice or direct that notice be given on such
hearing to such persons as the Committee considers should receive notice.
5. Appeal to Committee
(a) When the owner or occupant upon whom an order has been served in
accordance with this section is not satisfied with the terms and
conditions of the order, he may appeal to the Committee by sending
notice of appeal by registered mail to the Secretary of the Committee
within fourteen days after service of the order, and, in the event _
that no appeal is taken, the order shall be deemed to have been
confirmed.
By-law Number 86-
Village of Tiverton
- 10 -
5. cont...
(b) 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 may 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.
6. Appeal to Judge
.
(a) The municipality in which the property is situated or any owner or
occupant or person affected by a decision under Section 5(5(b) may
appeal to a Judge of theDUxricr Court 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 appointment may direct
that it shall be served upon such persons and in such manner as
he prescribes;
the appointment shall be served in a manner prescribed; and
the Judge on such appeal has the same powers and functions as
the Committee.
(11)
(111)
(b) The order, as deemed to be confirmed pursuant to Section 5(5(a), or
as confirmed or modified by the Committee pursuant to Section 5(5(b)
or, in the event of an appeal to a Judge pursuant to Section 5(5(a),
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 within the time and in the manner specified in the order.
7 Penalties
Any person convicted of a breach of any of the provisions of this by-law
shall be liable to a fine not exceeding $1,000.00, exclusive of costs for
each offense pursuant to Section 321, subsection (1) of the Municipal Act,
R.S.O. 1980, Chapter 302 and amendments thereto.
In addition to any other penalty, an owner who contravenes a final and binding
Order of the Property Standards Officer shall, upon conviction, be liable
to a fine not exceeding $500.00, exclusive of costs, for each day that he
is in contravention of the Order, pursuant to Section 22, of the Planning
Act, R.S.O. 1980, Chapter 379, and amendments thereto.
8.Power of Corporation to Repair or Demolish
If the owner or occupant of the property fails to demolish the property
or to repair in accordance with 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 with its servants and agents from time to time
enter in and upon the property; and
.
(11) 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. Provision for Recovery of Expenses.
(a) Whereas Section 31 Subsection 30 of the Planning Act being R.S.O. 1980
Chapter 379 is in Part 111 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;
By-law Number 86-
Village of Tiverton
- 11 -
9. (c) cont....
(c) And whereas Part XVII of the Municipal Act, being R.S.O. 1980, Chapter
302 provides in Section 325 that where the Council has authority to
direct or require that any matter or thing be done, the Council may
in default of its being done by the person directed or required 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 owner or occupant of property fails to demolish the
property or to repair in accordance with an Order as confirmed or
modified, such demolition or repair shall be done at his expense, and
the Village of Tiverton may recover the expense incurred in doing it
by action, or the same may be recovered in like manner as municipal
taxes.
10. Certificate of Compliance
Following the inspection of a property, the Officer may oor on the request
of the 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.
The fee for a certificate of compliance issued at the request of an owner
shall be:
Ten Dollars per 1,000 square feet of floor area for floor areas up to
10,000 square feet, plus One Dollar per 1,000 square feet for that portion
of the floor area in excess of 10,000 square feet, minimum ten dollars
payable at time of application.
11. Scope and Effect
Where provisions of this By-law conflict with a provlslon of another
by-law in force in the Village, the provision that establishes the higher
standard to protect the health, safety and welfare of the general public
shall prevail.
Should any provision of this By-law be declared invalid for any reason by
a Court of competent jurisdiction, the remaindere of the By-law still
continues in force.
No person shall remove from any premises any sign, notice or placard
placed thereon pursuant to Section 31 of the Planning Act, R.S.O. 1980,
Chapter 379, and amendments thereto.
of
READ A FIRST,
oav
SECOND AND THIRD TIME and finally passed this
lid
day
1986.
.
9-~~
CLERK
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