Loading...
HomeMy WebLinkAboutBRU 98 016 maint of property . 'l'IIE CORPORATION OF THE TOWRSHIP OF BRUCE BY-LAM RO. 98-16 . BEING A BY-LAW of the Corporation of the Township of Bruce to prescribe standards for the maintenance of property within the Township of Bruce, and requiring property to conform to the standards contained herein. WHEREAS the Council of the Corporation of the Township of Bruce deems it appropriate to pass a by-law pursuant to the powers conferred on Council under the provisions of Section 31 of The Planning Act, R.S.O. 1990, Chapter P.13, and amendments; AND WHEREAS there is in effect in the Township of Bruce an Official Plan which includes provisions relating to property conditions; NOW THEREFORE, the Council of the Corporation of the Township of Bruce enacts as follows: I. T1II'R!f PJ!Œ I. Index Pagel 2. Definitions Page 2 3. Applicaticn of this By-law Page 3 4. Exclusions Page 3 Part I - _;nt.......,.. of Pr~ties 5. Properties Pages 3-4 6. safe Passage Page 4 7. structures Page 5 8. Garb!qe Disposal Page 5 9. Followinq a Fire or Calamitous Event Page 5 10. Pest and Rodent Preventicn Page 5 Part II - a.Iori n; "tratian 1I. Property stamards Cannittee Officer Page 6 12. Property stamards Cannittee Page 6 13. Property standards Cannittee Secretary Page 6 Part I II - 1'1;....-........ 14. Property stamards Cannittee Secretary Page 7 15. I!mergency 8i tuatian Page 7 1) &IIergency Order Page 7 2) I!Inergency Powers Page 7 3) No c...,_~.....ticn Where Reascnable Exercise of Powers Page 7 4) Service of Order and stat_t Pages 7-8 5) Separate Service of statement Page 8 6) Applicaticn to Judge Page 8 7) Dispositicn by Judge Pinal Page 8 . 8) Recovery of Expense Page 9 16. Inspecticn and Entry Page 9 17. Notice of Violaticn Pages 9-10 18. Service of Notice of Violaticn and Orders Pages 10-11 19. Appeal to cannittee Page 11 20. Appeal to Judge Pages 11-12 2I. Power of Municipality to Repair or DenDlish Page 12 22. Penalty Pages 12-13 23. Provisicn for Recovery of Expenses Page 13 24. Repeal Former By-laws Page 13 THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 2 2. DEPIBI'fI0If8 . Corvoration - means Corporation of the Township of Bruce. Maintenance - shall mean the preservation and keeping in repair of a property. OCCUÐanCY - means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. Occuvant - means any person or persons over the age of eighteen years in possession of the property. 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: 1) 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 if they were rented or leased, 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 instalments 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 instalment of the purchase price if such land or premises were sold under an agreement for sale; and 2) a lessee or occupant of the property who, under the terms or a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. . "Planninq Act" shall for the purposes of the by-law refer to Section 31 of The Planning Act, R.S.O. 1990, Chapter P.13. "Vehicle" includes any motor vehicle, trailer, traction engine, farm tractor, road-building machine, farm machine, motorcycle, boat, plane, snowmobile, railcar, bicycle or any vehicle propelled or driven by any kind of power including muscular power. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 3 3. APPLICATION OF THIS BY-LAN 1. This by-law shall apply to all properties within the Township of Bruce. 2. No person shall use, occupy, or permit the use or occupancy of any property that does not conform to the standards established in this by-law. 3. The owner of any property, which does not conform to the standards established in this by-law shall take such actions as are necessary for the property to conform to the standards contained in this by-law. 4. This by-law shall be applied in accordance with the procedure contained herein. 4. EXCLUSIOIfS This by-law does not intend to address items covered by other Provincial Statutes or regulations, such as the Building Code, Health Department Regulations, Drainage Act or other applicable Township by-laws, such as a Zoning By-law or Sewage By-law. PART I - MAIRTElfARCE OF PROPERTIES 5. PROPERTIES All properties shall be kept reasonably free from unsafe and unsightly conditions, including but not limited to: 1) rubbish, garbage, waste and other debris; 2) objects and conditions that might constitute heal th, fire, or accident hazards; 3) heavy undergrowth and noxious plants, such as ragweed, poison ivy, poison oak, etc., and excessive growth of grass, weeds and other vegetation; . 4) except where it is part of an automobile repair establishment use or an automobile sales establishment use permitted by any by-law passed pursuant to section 34 of The Planning Act, or any predecessor thereof, and in force in the Township of Bruce no vehicle including a trailer, farm equipment or construction equipment or any part of such vehicle or trailer which is in a wrecked, discarded, dismantled or partially dismantled, inoperative or abandoned condition shall be parked, THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 4 . stored or left on any property in the Township of Bruce. Any vehicl e or trail er , that does not properly display thereon a currently valid licence plate or marker, may be in discarded or abandoned condition; 5) dilapidated or collapsed structures, and signs, erections or any unsightly condition; 6) (a) no roof drainage shall be public sidewalks, stairs, property; discharged onto or neighbouring (b) 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. 6. SAFE PASSAGE 1. steps, walks, driveways, parking spaces and similar areas of yard shall be maintained so as to afford safe passage under normal use and weather conditions. 2. Property owners are responsible for the removal of hazardous icicles. 3. Dangerous accumulations of snow, or ice, or both, shall be removed from the roof of the building. 4. In all parts of a non-residential building - (includes public, commercial, industrial, and institutional), a level of illumination shall be provided and maintained, which will adequately protect all persons within the building from health and accident hazards. 5. 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 purposes; (ii) cleaning up the property. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 5 7. S'rRUC'fURES 1. Communication towers, and all necessary buildings or other structures shall be maintained in good condition and not present health, fire or accident hazards. . 8. aaRBAGE DISPOSAL 1. Every dwelling and every dwelling unit within the dwelling shall utilize sufficient receptacles or garbage bags to contain all garbage, rubbish and ashes. 2. Garbage, rubbish and ashes shall be stored in receptacles and made avai I abl e for removal in accordance wi th the policies of The Corporation of the Township of Bruce, as determined from time to time. 9. FOLLOWING A FIRE OR CALAMITOUS EVD'1' 1) Following a significant fire or other calamitous event, measures shall be taken as soon as possible to make the necessary repairs. Without restricting the general i ty of the foregoing, such measures include making the building or accessory structure safe and repairing damaged surfaces exposed to view. 2) In the event any building or accessory structure is beyond repair: 1) land shall be cleared of all remains and left in a graded and level condition; and 2) any unused well, septic tank or similar possible hazard shall be filled or permanently capped to the satisfaction of the Property standards Officer. 3) Materials of an inflallll\able toxic or hazardous nature shall be safely stored or removed at once from the property. -. 10. PEST AND RODEIf'f PREVEIf'1'ION Structures shall be kept reasonably free from rodents and insects at all times and methods used for exterminating rodents or insects or both shall be in accordance with the provisions of the Pesticides Act, R.S.O. 1990, Chapter P.l1, as amended, and all regulations pursuant thereto. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 6 PART 11. II - ADMINIS'lRATIOIf PROPERTY STANDARDS ct»OII'f'fEE OFFICER 1. This by-law shall be administered and enforced by a Property Standards Officer, hereafter referred to as officer, appointed by the Corporation. . 2. That all complaints must be in writing to the Property Standards Officer. , 12. PROPERTY STANDARDS COMMI'f'fEE 1. A Property Standards Committee, hereafter referred to as the "Committee" is hereby established consisting of three resident ratepayers of the Township of Bruce 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. The Committee will be maintained completely as an independent body without perceived influence by any member of the Municipal Council. 2. The function of the commi t tee shall be to deal with appeals to this by-law. 3. The members of the Committee shall elect one of themselves as Chairman. 4. When the Chairman or Secretary is absent through illness or otherwise, the Committee may appoint another member to act as Chairman pro tempore or Secretary pro tempore. 5. The members compensation of the Committee shall as the Council may provide. be paid such 6. 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 31(17) of The Planning Act shall give notice or direction, that notice be given of such hearing to such persons as the Committee considers should receive notice. . 13. PROPERTY STANDARDS COMMIT'l'EE SECRETARY 1. The Secretary to the Committee, who is appointed to the Committee shall keep the minutes. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 7 PART I I I - PROCEDURE 14 . PROPERTY STANDARDS ct»OIInEE SECRETARY 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 74 of The Municipal Act, R.S.O. 1990, Chapter M.45 applies with necessary modifications to such documents. 15. EMERGElfCY SI'l'UATIOIf 1) Emergency Order (The Planning Act, Subsection 24) Despite any other provisions of The Planning Act, if upon inspection of a property, the officer is satisfied there is nonconformity with the standards prescribed in the by- law, to such extent as to pose an immediate danger to the health or safety of any person, the officer may make an order containing particulars of the nonconformity and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 2) Emergency Powers (The Planning Act, Subsection 25) After making an order under Subsection 24 of The Planning Act, the officer may, either before or after the order is served, take or cause to be taken any measures he or she considers necessary to terminate the danger, and for this purpose the municipal i ty has the right, through its employees and agents, to enter in and upon the property from time to time. 3) Bo Compensation Where Reasonable Ezercise of Powers (The Planning Act, Subsection 26) The officer, the municipality or anyone acting on behalf of the municipality is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under Subsection 25 of The Planning Act. . 4) Service of Order and Statement (The Planning Act, Subsection 27) Where the order was not served before measures were taken by the officer to terminate the danger, as mentioned in Subsection 25 of The Planning Act, the officer shall forthwith after the measures have been taken, serve or send copies of the order, in accordance with Subsection (7), (8) and (9) of The Planning Act, on or to the owner THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 8 of the property and all persons mentioned in Subsection (6) of The Planning Act, and each copy of the order shall have attached thereto a statement by the officer describing the measures taken by the municipality and providing details of the amount expended in taking the measures. 5) Separate Service of Statement Where the order was served before the measures were taken, the officer shall forthwi th after the measures have been taken, serve or send a copy of the statement mentioned in Subsection 27 of The Planning Act, in accordance wi th Subsections (7) (8) and ( 9) of The Planning Act, on or to the owner of the property and all persons mentioned in Subsection (6) of The Planning Act. 6) Application to Judge (The Planning Act, Subsection 29) Forthwith after the requirements of Subsection 27 or 28 of The Planning Act have been complied with the officer shall apply to a Judge of the Ontario Court (General Division) for an order confirming the order made under Subsection (24) of The Planning Act, and, (1) the Judge shall, in writing, appoint a day, time and place for the hearing of the application and in the appointment may direct that it shall be served upon such persons and in such manner as he or she prescribes; (2) the appointment shall be served in the manner prescribed by the Judge; and . (3) the Judge in disposing of the application may confirm the order or may modify or quash it and shall make a determination as to whether the amount expended by the municipality in taking the measures to terminate the danger may be recovered by the municipality in whole, in part, or not at all. 7) Disposition by Judge Final (~e Planning Act, Subsection 30) The disposition of the application under Clause (29) (c) of The Planning Act is final and binding. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 9 8) Recovery of Ezpense (The Planning Act, Subsection 31) Where a municipality demolishes or repairs property as mentioned in Subsection (20) of The Planning Act or takes measures to terminate a danger as mentioned in Subsection (25) of The Planning Act, the municipality may recover the expense incurred in respect thereof by any or all of the methods provided for in Section 326 of The Municipal Act, except that such amount, if any, as is to be borne by the municipality as a result of a determination under clause (29) (c) of The Planning Act may not be recovered. 16. IlfSPEC'l'IOIf AND EK'I'RY 1. An officer or any person acting under his instructions will investigate all complaints received under this by- law, at all reasonable times and upon producing proper identification, enter and inspect any property in the Township of Bruce. 2. Except under the authority of a search warrant issued under Section 158 of The Provincial Offences Act, R.S.O. 1990, Chapter P.33, an officer or any person acting under his instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 17. BmICE OF VIOLA'1'IOB 1. If after inspection, the officer is satisfied that in some respect, the property does not conform to the standards prescribed in this 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 Registry Office, the Land Titles Office and the Sheriff's Office to have any interest therein, a notice containing particulars of the nonconformity and may, at the same time, provide the occupants with a copy of such notice. 2. No person shall remove from any premises any sign, notice or placard placed thereon pursuant to Section 31 of The Planninq Act, and amendments thereto or this by-law. . THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 10 3. After affording any person served with a Notice provided for by Section 31(6) of The Planning Act, 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: i) the municipal address or the legal description of such properties; ii) reasonable particulars of the repairs to be effected or a statement that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition and the period in which there must be a compliance wi th the terms and condi tions 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 clearance at the expense of the owner; and iii} the final date for receiving notice of appeal from the order. 18 . SERVICE OF NOTICE OF VIOLATION AND ORDERS 1. A notice or an order under Section 31(6) or (7) of The Planning Act, when sent by registered mail shall be sent to the last known address of the person to whom it is sent. 2. If the officer is unable to effect service under Section 31(6) or (7) of The Planning Act, 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. . 3. An order under Section 31(7) of The Planning Act may be registered in the proper 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 Subsection (7) of The Planning Act and, when the THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 11 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 operate as a discharge of such order. 19. APPEAL TO COMMI'1"1'EE 1. When the owner or occupant upon whom an order has been served in accordance with this by-law is not satisfied wi th 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 received, the order shall be deemed to have been confirmed. 2. When an appeal has been received, 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. 3. The committee shall give a copy of its decision in wri ting to both the appell ant and the officer who originally issued the order. 20. APPEAL '1'0 JUDGE 1. The municipali ty in which the property is situated or any owner or occupant or person affected by a decision under Section 31(17) of The Planning Act 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 wi thin 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 in such manner as he prescribes; THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 12 ii) the appointment shall be served in the manner prescribed by the Judge; and iii) the Judge on such appeal has the same powers and functions as the Committee. 2. The order, as deemed to have been confirmed under Section 31(16) of The Planning Act or as confirmed or modified by the Committee under Section 31(17) of The Planning Act or, in the event of an appeal to the Judge under Section 31(18) of The Planning Act, 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 a manner specified in the order. 21. POWER OP HmUCIPALITY TO REPAIR OR DEMOLISH If the owner or occupant of property fails to demolish the property or to repair in accordance with an order as confirmed or modified, the municipality in addition to all other remedies: (1) shall have the right to demolish or repair the property accordingly and for this purpose with its employees and agents from time to time to enter in and upon the property; and (2) 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 municipality under this subsection. 22. PERAL'l'Y 1. 1) An owner who fails to comply with an order that is final and binding under Subsection 22 of The Planning Act is guilty of an offence and on conviction is liable to a fine of not more than $2,000.00 for a first offence, and to a fine of not more than $10,000.00 for any subsequent offence. . THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 98-16 PAGE 13 2) Despite Subsection (22), of The Planning Act, if a Corporation is convicted of an offence under Subsection (22) of The Planning Act, the maximum penalty that may be imposed under the Corporation is $10,000.00 for a first offence and $50,000.00 for any subsequent offence. 23. PROVISIOIf POR RECOVERY OF EXPENSES 1. The provi si ons of The Muni ci pa 1 Act, Part X1X app I y mutatis mutandis to this by-law. 2. And whereas Part XIX of The Municipal Act, provides that where the Council has authority to direct or require that any matter or thing be done, the Council may in default of it being done by the person directed or required to do it, provided that it be done at his or her expense and may recover the expense incurred in doing it by action or in like manner as municipal taxes. 3. According to Section 31(20) of The Planning Act, it gives the municipality power to demolish property and to repair in accordance with orders made under this by-law. 24. That the former "Village of Tiverton" By-laws No. 86-5, 86-6 and 96-9 be repealed. By -law introduced and read a First time this TWENTY-EIGHTH day of APRIL, 1998. By-law read a Second time this TWENTY-EIGHTH day of APRIL, 1998. By-law read a Third time and finally passed, signed, sealed and numbered 98-16 this TWENTY-EIGHTH day of APRIL, 1998. ~ CLERK ~~ REEVE . S~L _-::~ ~ :. -;--- '-~.:.~ ............ ~¥ '- ......-:- --::--- - -- -,