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HomeMy Public PortalAbout22-046 - Property Standards By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 22-046 BEING A BY-LAW TO PRESCRIBE STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY WITHIN THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS. WHEREAS the Township of Leeds and the Thousand Islands has an Official Plan that includes provisions relating to property conditions; AND WHEREAS Section 15.1 of the Building Code Act, 1992, S.O. 1992, c. 23 as amended, provides that where the council of a municipality has an official plan in effect, or the council has adopted a policy statement that contains provisions relating to property conditions, the council may pass a by-law to prescribe standards for the maintenance and occupancy of property within the municipality; AND WHEREAS the Ontario Heritage Act, RSO 1990, c.O.18 as amended, authorizes the Township of Leeds and the Thousand Islands to pass a by- law prescribing minimum standards for the maintenance of the Heritage Attributes of Designated Heritage Properties and requiring Designated Heritage Properties that do not comply with those standards to be repaired and maintained to conform with those standards; AND WHEREAS the Ontario Municipal Act, RSO 2001, c 25 as amended, including Section 11(2)(5), 11(2)(6), 11(2)(8), 11(3)(3) and 11(3)(7) authorizes the Township of Leeds and the Thousand Islands to pass a by- law respecting economic, social and environmental well-being of the municipality; health, safety and well-being of persons, protection to persons and property; waste management; and structures including fences and signs; AND WHEREAS the Council for the Corporation of the Township of Leeds and the Thousand Islands proposes enacting a by-law to: (a) prescribe standards for the maintenance and occupancy of property within the Township; (b) prohibit the occupancy or use of property that does not conform to the prescribed standards; (c) require property below the prescribed standards to be brought up to the prescribed standards; and (d) the land thereof to be cleared of all buildings or structures and left in a graded and level condition NOW THEREFORE the Council of The Corporation of the Township of Leeds and the Thousand Islands enacts as follows: 1. SHORT TITLE This By-law may be referred to as the “Property Standards By-law”. 2. APPLICABILITY This by-law applies to all property within the Township and to any Building or Structure, whether constructed before or after passage of this bylaw. Where any provision of this by-law conflicts with a provision of any other by-law in force in the Township, the provision of the by-law that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail. 3. DEFINITIONS In this by-law: Act means the Building Code Act, 1992, as amended. Amenity area means an outdoor area located in the Yard intended for active or passive recreational use or aesthetic purposes and includes landscaped areas, patios and decks. Average maintained level of illumination means the average of all points of illumination determined by using the method of calculation in the Act. Bathroom means a room containing a bathtub or shower and may include a toilet or washbasin. Building means a building as defined in the Act. Building Code means 0. Reg. 350/06, as amended, made under the Act. Debris includes scattered pieces of material of any kind and, without limiting the generality of the foregoing includes: 1) any article, thing, matter or effluent that appears to have been cast aside or discarded or abandoned or appears to be worthless or useless or of no practical value or appears to be used up in whole or in part or expended or worn out in whole or in part 2) Waste 3) scrap metal 4) refrigerators, stoves, freezers or other appliance, any attached hinges or latching, locking or other closing mechanism or device; 5) Inoperative furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks; 6) inoperative vehicles and mechanical equipment; 7) vehicle and mechanical equipment, parts and accessories; 8) interior furniture located outside; 9) sewage; 10) articles, things, matter, effluent which in whole or in part or fragments thereof, are derived from or are constituted from or consist of: a) agricultural, animal, vegetable, paper, lumber, or wood products; or b) mineral, metal, or chemical products, whether or not the products are manufactured or otherwise processed; 11) piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable; 12) containers of any size, type or composition either full or empty including those used for paint, oil, solvents, or other items; 13) material resulting from, or as part of, construction or demolition projects; 14) rock, mulch, stone, rubble and other inert fill or ground covering; 15) brush, timber, lumber; 16) bones, feather, hides; 17) bedsprings, mattresses, furniture, boxes, barrels, 18) items containing asbestos insulation, fuel tanks, batteries, acids and other prohibited hazardous waste as defined by the Ministry of the Environment. Deface means to spoil the appearance of a Building or Structure other than by natural deterioration. Demolish means the removal of all or part of a Building or Structure, the clearing of Debris or Waste and the grading or leveling of the land. Dwelling unit means a Building or part of a Building that: a) consists of a room or self-contained set of rooms; and b) is used or intended to be used for human habitation; and c) contains kitchen, bathroom and toilet facilities that are intended for the use only of the unit; and d) includes a building that would be used for such purposes except for its state of disrepair. Exit means that part of a means of egress that leads directly from the floor area it serves to an exterior open space protected from fire exposure and having access to a public street. Fill means soils, rocks, mulch, paving stones, granular, sand, or similar product. Farm Structure means a building or structure or part thereof which does not contain a dwelling unit and which is associated with and located on land devoted to the practice of farming, and which may include buildings for the housing of equipment, livestock or the production, storage or processing of agricultural and horticultural produce or feeds. Garbage means Waste as defined in this by-law. Guard means a protective barrier around openings including the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations. Habitable floor area means the floor area measured from the inside walls of the dwelling unit, but does not include: a) unfinished areas below grade; b) areas occupied by furnaces, hot water heaters and laundry equipment; c) rooms, other than rooms used for sanitary or cooking purposes, that have no natural lighting; or d) areas that cannot be heated to municipal standards or, in the absence of municipal standards, to the standards prescribed in 0. Reg. 517/06 made under the Residential Tenancies Act, 2006, S.O. 2006, c. 17 as amended. Heritage Property means Property designated by by-law or by a Minister’s order or within a heritage conservation district by-law, all of which are passed under the authority of Ontario Heritage Act. Heritage Attribute means, in relation to real property, and to buildings and structures on real property, an attribute of the property, building or structure that contributes to its cultural heritage value or interest and that is defined or described in a designation by-law, a Minister’s order or a heritage conservation district by-law, all of which are passed under the authority of Ontario Heritage Act, or which is defined or described in the supporting documentation. Minimum maintained level of illumination means the minimum level of illumination measured in accordance with the Building Code. Multiple dwelling unit means a Building or portion of a Building containing two or more dwelling units, and includes a group of dwellings either held under single ownership, as a cooperative under the Co- operative Corporations Act, R.S.O. 1990, c. C.35, or as a condominium under the Condominium Act, 1998, S.O. 1998, c. 19 as amended. Nuisance means an injurious, offensive, or objectionable condition and includes a condition which is injurious, offensive or obnoxious by reason of the emission of gas, light, fumes, dust, or odour, or the unsightly storage of goods, wares, merchandise, rubbish, salvage, waste, debris or other material. Occupancy means the use or intended use of a Building or Structure or part thereof for storage, shelter or support of persons, animals or material and includes an occupant as defined in the Building Code Act, 1992 as amended. Occupant means an occupant as defined in the Building Code Act, 1992 as amended and includes an individual, firm, corporation, association or partnership. Officer means any officer appointed by the Township to enforce this by- law. Order means an order to comply with any of the provisions contained in this by-law including an order to repair, repair and maintain or demolish a Building or Structure. Owner means an owner as defined in the Building Code Act, 1992 as amended and includes an individual, firm, corporation, association or partnership. Parking means an area of the property used for the parking of a vehicle or vehicles. Passageway means hallways, corridors, and passages leading from the interior of a Building to the exterior forming a means of ingress and/or egress. Person means an individual, firm, corporation, association or partnership and shall include an Occupant and Owner of Property. Plumbing fixture means a receptacle or device that receives water, liquid or sanitary sewage and discharges water, liquids or sanitary sewage directly into a plumbing system. Plumbing system means plumbing as defined in the Act. Property means property as defined in the Act. Repair means repair as defined in the Act and shall include maintain, refinish and Demolish. Residential Areas means any Property located in a settlement area as identified in the Township Official Plan, as amended or replaced and includes any Property in rural subdivisions, shoreline residential and island residential areas as identified in the Township Zoning By-law as amended or replaced. Residential Property means property upon which there is located a dwelling unit or multiple dwelling units and includes any appurtenant lands and premises and all outbuildings, fences and structures on the property. Sanitary sewage means any liquid waste containing animal, vegetable or mineral matter in suspension, but does not include storm water run- off. Sewage System means the Townships system of storm sewers, sanitary sewers and combination sewers; or a private or communal sewage disposal system approved by the Township Chief Building Official or other responsible authority. Standards means the standards of physical; condition and occupancy prescribed for Property by this by-law. Storm Water means water that is discharged from a surface as a result of rainfall, snowmelt, snowfall or other precipitation. Structure shall mean anything constructed or erected, either permanent or temporary, the use of which requires location on the ground or attachment to something having location on the ground. Township shall mean the Township of Leeds and the Thousand Islands. Unsafe condition shall mean any Property that has the potential to cause injury or harm to any Person. Vacant Building means any Building or Structure that is not currently used for the permanent or continuous shelter, accommodation or enclosure of persons, animals, or chattels. Vehicle means a vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8, and includes a trailer, boat, recreation vehicle, motorized snow vehicle or other mechanical power-driven equipment. Vermin shall mean small animals that harm or damage Property that are difficult to control or are undesirable. For the purpose of this bylaw, vermin shall include, but not be limited to, skunks, squirrels, chipmunks, raccoons, rats, mice, weasels, and rabbits. Waste includes refuse of any kind whatsoever and without limiting the generality of the foregoing, includes: litter, food and table waste, clothing, ashes, paper, cartons, crockery, tin, plastics, cans, garden refuse, glass or glassware. Waste Receptacle shall mean Dumpster, Roll-off Bin, Household Waste Container, Recycling Bin and Compost Receptacle and other such containers for holding Waste or Debris. Yard means the land around and appurtenant to all or any part of a property and shall include a vacant lot, decks, patios and porches. Term not defined – meaning any word or term not defined in this bylaw shall have the meaning ascribed to it in the Act or the Building Code; if the word is not in the Act or Building Code it shall mean as defined in the Webster’s Dictionary. 4. GENERAL DUTIES AND OBLIGATIONS 4.1 No Person shall use or occupy or cause or permit the use or occupation of any Property that does not conform to the Standards. 4.2 Every Person shall maintain, or cause to be maintained, all Property including all systems, facilities, matters and parts thereof, in good working order, structurally sound and in a good state of repair, to the standards prescribed in this by-law. 4.3 Every Person shall Repair or replace, or cause to be R epaired or replaced, all Property including all systems, facilities and matters and parts thereof, in good working order, structurally sound and in a good state of repair, to the Standards. 4.4 Every Person shall ensure Repairs are carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. 4.5 Every Owner or Occupant shall take immediate action to eliminate any Unsafe Condition. 4.6 Every Owner or Occupant shall barricade any condition which might endanger any party on or near the Property until the necessary repairs or demolition can be carried out . 5. STANDARDS FOR ALL PROPERTIES Appliances 5.1 No Owner or Occupant shall cause or permit appliances such as refrigerators, stoves and freezers to be left in Yards and or to be used as a place of storage. 5.2 Notwithstanding the forgoing clause, refrigerators, freezers or similar appliances may be stored on porches, decks or in similar areas in rear or interior side yards, provided that the appliance is: a) in working order, and b) not equipped with a self-locking device, and c) not equipped with a self-latching device, and d) secured with a locking device, and e) used for its intended purpose, and f) locked at all times except when actually being used and supervised. Cleanliness/Tidiness 5.3 Every Person shall keep Property: 5.3.1 Clean and free of accumulation of Fill, Debris, Waste, refuse and materials that create a nuisance including severed portions of limbs or branches of trees and shrubs; 5.3.2 clean and clear of machinery or parts thereof or other object or material not associated with the normal occupancy and use of the Property, including among other things, appliances, scrap metal, fixtures, paper, cartons, boxes, or building materials such as lumber, masonry material or glass. 5.3.3 clean and free from objects and conditions that are health, safety, fire, or accident hazards; 5.3.4 protected by paint, preservatives, or other weather resistant material; 5.3.5 fit with doors and windows properly sized to their frames and capable of preventing unauthorized access to the accessory Building or Structure. 5.4 Every Person shall: 5.4.1 store items accessory to a residential use such as toys, bicycles, garden and yard equipment in a clean and orderly condition on Property in Rural Areas and in a clean and orderly condition in the rear or interior side Yard on Property in Residential Areas. 5.4.2 keep garden and Yard equipment stored in the rear or interior side Yard and in a clean and orderly condition. 5.5 Where the Property is used for a legally permitted salvage yard, the Owner or O ccupant shall construct a close board fence or the equivalent, to the maximum height permitted under applicable law, or where no maximum is provided to the maximum height that is reasonably attainable using conventional construction standards. Compost 5.6 Every Owner and Occupant shall store and keep compost in a neat condition and contained manner so as not to allow offensive odours to affect the surrounding neighbourhood or attract Vermin or other animals to the property. 5.7 In Residential Areas, every Owner and/or Occupant shall ensure: 5.7.1 compost heaps for garden cuttings, leaves, and other landscaping compost shall be no larger than 1 square metre (10 square feet). 5.7.2 compost of food waste shall be in a commercial plastic enclosed container designed for composting or similar quality container. 5.7.3 compost heaps or bins shall not be placed in the front yard or exterior side yards. Damaged or demolished 5.8 The Owner or Occupant shall Repair or Demolish any Building or Structure or portion thereof that has been damaged, including by fire, storm or by other causes, within ninety (90) days once investigations are completed by Police, Fire and other authorities and once, if it is a Designated or Listed heritage Property, approval is received in accordance with the Ontario Heritage Act, R.S.O. 1990. 5.9 The Owner or Occupant of any Building or Structure that is being Repaired or Demolished shall ensure that: 5.9.1 the remaining wall or walls are structurally sound and weather tight; 5.9.2 any remaining former party walls are left structurally sound and weather-tight, whether or not such former party wall or walls are separately or jointly owned; 5.9.3 after completion of the demolition, the yard shall be left free from holes or excavations, debris or refuse, and covered with suitable ground cover so as to prevent ponding or soil erosion. Defacement 5.10 Every Owner or Occupant shall keep the exterior surfaces of all Buildings or Structures clean and free of: 5.10.1 Objectionable markings or stains or other Defacement of the exterior surfaces of Buildings or Structures shall be removed immediately and, where necessary, the exterior surface of these areas shall be restored to an acceptable appearance. 5.10.2 Defacement by smoke or by other causes on the exterior walls and surfaces of the building or structure or of the remaining parts of the Building or Structure shall be removed and the defaced areas shall be refinished in a professional manner. Fences, Barriers and Retaining Walls 5.11 Every Owner and/or Occupant shall maintain fences, barriers, retaining walls, screens and enclosures: 5.11.1 protected by paint, preservative or other weather resistant material unless the aesthetic characteristics of the fence, screen or enclosure are enhanced by the lack of such materials; 5.11.2 plumb unless specifically designed to be other than vertical; 5.11.3 shall also be constructed so as to prevent cartons, wrappers, and debris from blowing onto adjacent property when the fence is located on other than a Residential Property. 5.12 Every Owner and/or Occupant where the use or Occupancy of any Property which creates a Nuisance for adjacent properties, including but not limited to where land is zoned to permit the use, shall establish and maintain a buffer so as to minimize the effect of the Nuisance by the provision of a fence, enclosure, or barrier or screen or vegetative screen, which: 5.12.1 Prevents lighting or vehicle headlights from private property from shining directly into a dwelling unit; 5.12.2 Provides an effective barrier to prevent wind blown waste, wrappings, debris and the like from littering or settling on adjacent properties. 5.13 Every Owner or Occupant shall ensure that any permitted warehousing or storage of material or operative equipment that is required for the continuing legal operation of the industrial or commercial aspect of the Property shall be Maintained in a neat and orderly fashion, in compliance with the Township’s Zoning By-law, applicable Site Plan Agreement and shall provide unobstructed access for emergency vehicles. 5.14 Every Person shall erect Fences, barriers guards or similar structures around the perimeter of excavations so as to prevent unauthorized entry. Fill 5.15 No Owner shall place, cause to be placed or permit to be placed Fill on any Property to alter drainage from any drainage plan or lot grading certificate previously approved by the Township. If no plans are available for the Property, no Owner shall alter any grade without receiving written approval from the Township. 5.16 No Owner or Occupant shall store piled Fill on any Property for a period exceeding fourteen (14) days unless in an approved location for an approved use under the Township zoning by-law. Firewood 5.17 Every Owner and/or Occupant shall neatly pile and secure all wood from collapse. 5.18 In Residential Areas, every Owner and/or Occupant shall store wood in the rear yards. Grading and Drainage 5.19 Every Owner and Occupant shall maintain a Yard so as to: 5.19.1 prevent the excessive or recurrent ponding of storm water; 5.19.2 prevent the entrance of storm water into a Building or Structure; 5.19.3 not impede the natural flow of surface water; 5.19.4 keep catch basins and swales clear so as not to impede the natural flow of water. 5.20 No Person shall permit Storm Water: 5.20.1 by means of grading, pipes or conduits, or roof drainage to be directed into the Sewage System or across hard- paved or concrete surfaces; 5.20.2 in the form of roof drainage to be discharged within 1.5 metres from the foundation of the structure; 5.20.3 to be directed to cause damage to adjoining properties; 5.20.4 to be directed to cause recurrent ponding of water, erosion of soil in a Yard. 5.21 Every Owner and Occupant shall undertake Snow storage in such a manner and location on Property so as to prevent a hazard, flooding, erosion and other damage to neighbouring private or public lands. Heritage Properties 5.22 In addition to complying with all other applicable provisions of this by-law, the Owner or Occupant of Heritage Property shall: 5.22.1 maintain, preserve, and protect the Heritage Attributes so as to maintain the heritage character, visual, and structural integrity of any and all buildings, structures, or constructions located on the Property. 5.22.2 maintain, preserve, and protect the Property in a manner that will ensure the protection and preservation of the Heritage Attributes. 5.22.3 not replace or demolish a Heritage Attribute if it can be Repaired in a manner that minimizes damage to the Heritage Attribute and maintains the design, colour, texture, grain, or other distinctive feature of the Heritage Attribute. 5.22.4 where a Built Heritage Specialist determines that a Heritage Attribute cannot be repaired the Heritage Attribute shall be replaced using the same types of material as the original or Township-approved alternative materials that replicate the design, colour, texture, grain, or other distinctive features and appearance of the original material if the original material is no longer available and the removal of the original material shall be documented by photographs, to-scale drawings, and/or any means identified by heritage staff. Landscaping 5.23 Every Owner and/or Occupant shall in Residential Areas: 5.23.1 keep all lawns and shrubs clear of long grass, free from overgrowth or unsightly conditions and free from any weed classified as noxious under the Weed Control Act, R.S.O.,1990, c. W.5., as amended from time to time. 5.23.2 provide suitable ground cover so as to maintain a good appearance for the property and in harmony with the neighbouring environment. 5.23.3 where grass forms part of the ground cover, maintain the grass in a living condition. 5.23.4 employ all reasonable means, including suitable ground cover, to prevent soil erosion in a yard. 5.23.5 promptly remove any brush or dead, decayed or damaged trees, bushes and hedges, including any branches or limbs thereof, from the Property. 5.23.6 Every Owner or Occupant shall restrict trees, bushes and hedges from obstructing the view of vehicular traffic or from wholly or partially concealing or interfering with the use of any hydrant or water valve. 5.23.7 Every Owner or Occupant shall maintain Property so as to ensure continuous compliance with landscaping features, such as parking area, walkways, step, fencing, curb, ground cover, vegetation, that have been required by the Township as a condition of development or redevelopment. Sanitary Sewage 5.24 All Persons shall ensure all Sanitary Sewage shall: 5.24.1 be discharged into a Sewage System that conforms to all applicable legislation. 5.24.2 not be discharged onto the surface of the ground, whether into a natural or artificial surface drainage system or otherwise. Signs 5.25 Every Person shall remove or refinish any sign, together with all fastenings and supporting members, that is damaged or broken, excessively weathered or faded, or upon which the finish is worn, peeled or cracked. 5.26 Every Person shall immediately remove a sign within the time period listed below, failing which the Township may collect the signs and may dispose of the signs as the Township deems appropriate: 5.26.1 Yard sale signs - within forty-eight (48) consecutive hours of erecting the signs; 5.26.2 Real Estate Signs - within thirty (30) days of the sale sticker being applied to the sign. 5.26.3 Open house signs – within forty-eight (48) consecutive hours of erecting the signs. 5.26.4 Contractor/Renovation Sign – remove within one month from the date the sign is erected. 5.27 No Person shall erect a Sign on Property without Owners’ permission. Structural Integrity 5.30 Every Owner and/or Occupant shall ensure every Building or Structure, or part thereof: 5.30.1 safely sustains its own weight and any load to which it might normally be subjected; 5.30.2 safely accommodates all normal structural movements without damage, decay or deterioration; 5.30.3 prevents the entry of moisture that would contribute to damage, decay or deterioration; 5.30.4 has adequate venting to prevent the accumulation of water, odour or mold. 5.31 Every Owner and/or Occupant shall maintain the exterior walls of a Building or St ructure and their components and attachments; including but not limited to roof, roof deck, roof gutter and downspout, c olumns, beams, fascia, soffits, foundation, exterior stair, verandah, porch, deck, loading dock, ramp, balcony, fire escape, chimneys, smoke or vent stacks and other roof structures including roof deck guards and exterior attachments such as canopies, air conditioners, marquees, signs, awnings, stand pipes, exhaust ducts and similar overhang extensions; to: 5.31.1 be weather-tight and free from leaks; 5.31.2 be protected from the weather, decay and rust by paint or other protective coating; 5.31.3 be free from loose or unsecured objects and materials; 5.31.4 be properly anchored; 5.31.5 prevent the entrance of insects, vermin or rodents; 5.31.6 not deteriorate in any manner detrimental to the appearance, including spalling, holes, cracks or excessively worn areas, or to the safe condition of the building or structure; 5.31.7 prevent settlement of the building 5.31.8 prevent condensation or drainage onto sidewalks, walkways and entrance areas; 5.31.9 be acceptable in appearance and free from rust, holes, cracks, excessive wear and warping, and other defects that are health, fire or accident hazards; 5.31.10 have a rigid guard installed and in good repair on the open side of any balcony or stairwell or ramp where there are more than 3 risers or a drop of more than 600mm (2 feet) from the tread or from the walking surface to grade; 5.31.11 free from loose, unsecured or unsafe objects and materials, including dangerous accumulation of ice and snow; 5.31.12 be free from loose bricks, mortar, and other loose or broken capping, loose or rusted stanchions, guy wires, braces and attachments; 5.31.13 be free from any other health, fire or accident hazard. Vacant Buildings 5.32 The Owner of every Vacant Building shall protect the building against the risk of fire, accident or other danger, by preventing the entry of all unauthorized persons by having proper functioning doors, windows, hatches for openings. 5.33 An Officer may require an Owner or Occupant to install further security measures to prevent the entry of all unauthorized persons including, in progressive order, boarding up all windows, doors, and other openings, in a securely fastened and tight fitting manner that is reversible and minimizes damages to the building, then metal sheathing installed within the reveal of the exterior cladding which is weather resistant and completely covering openings and securely fastened to the building, then brick or concrete block and mortar, with a finish complementary to the exterior of the building, which completely covers opening(s) and is securely fastened to the building. 5.34 An Owner or Occupant shall have materials used to board up Vacant Buildings covered and maintained with a preservative which is colour coordinated with the exterior finish of the building except for window sheathing which may be matted black with accents to resemble window glass. 5.35 Where a Building remains vacant for a period of ninety (90) days or more, the Owner shall ensure that all utilities serving the building are properly disconnected or otherwise secured so as to prevent accidental or malicious damage to the property or adjoining premises unless such utilities are required for the safety or security of such building. Vacant Lots 5.36 The Owner or Occupant of vacant property shall keep it clean and free from: 5.36.1 refuse, and debris including the severed portion of limbs or branches of trees and shrubs; 5.36.2 storage of any kind, including vehicles, equipment, materials, debris, refuse, unless specifically zoned for that purpose as a main use in the Township Zoning By-law; 5.36.3 all other objects or conditions that may create a health, fire or accident hazard; 5.36.4 recurrent ponding of storm water. Vehicles, Machinery and Equipment 5.37 In Residential Areas, no Person shall store outside or cause or permit the outside storage of: 5.37.1 vehicles not currently licensed for operation on public highways 5.37.2 vehicles, boats, trailers, and other machinery or equipment or any parts of machinery which are in a wrecked, discarded, dismantled or inoperative condition unless temporarily stored pending imminent repairs or unless permitted on Property licensed or authorized to conduct a salvage, wrecking or repair business if such establishment conforms to all relevant bylaws of the Township and other applicable legislation. 5.37.3 operable equipment or parts associated with the main use of the Property except in a in a clean orderly fashion and in accordance with the Standards of this By-law. 5.38 In areas zoned Rural or Agricultural in the Townships Zoning By- law no Person shall store more than three inoperable vehicles, machinery or equipment or parts provided it is reasonably shielded from view from any neighbouring property or public road. Walks, Driveways, Parking and Loading Areas 5.39 All P ersons shall keep all steps, walks, driveways and areas used or intended for parking, loading and passage: 5.39.1 safe for passage under normal use day and night; 5.39.2 free from tripping hazards, large holes and deep ruts; 5.39.3 repaired or replaced with similar material when necessary; 5.39.4 adequately graded so as not to impede the natural flow of water and drained in order to prevent excessive ponding of water; 5.39.5 provided with curb stops or other restraining devices where necessary to prevent vehicles from damaging fences, buildings or other structures on an adjoining property or from causing personal injury; 5.39.6 free from debris or other litter; 5.39.7 in good repair at all times. 5.40 Every Owner and/or Occupant shall: 5.40.1 provide and maintain a suitable hard surfaced walkway openly available leading from the main entrance of each main structure or unit to the street or driveway. 5.40.2 maintain all access ways unimpeded for access by firefighters or other emergency personnel. Waste Receptacles 5.41 Every Owner and/or Occupant shall ensure all Buildings or Structures have such Waste Receptacles as may be necessary to contain all Waste associated with the building or structure. 5.42 Every Person shall ensure Waste Receptacles are: 5.42.1 constructed of a watertight material; 5.42.2 constructed to prevent the entry of vermin; 5.42.3 provided with a tight-fitting cover, including for dumpsters, which shall be kept closed at all times except when waste is being placed therein; 5.42.4 in a clean and sanitary condition; 5.42.5 when located outside, placed in the interior side or rear Yard other than for immediate pick-up but shall not be placed within 3.05 metres (10 feet) vertically or horizontally of any opening in any building or structure; 5.42.6 emptied or removed and replaced on a regular basis as to not promote odour or vermin infestation. 5.43 An Owner and/or Occupant shall not cause or permit Waste to overflow onto the ground around a Waste Receptacle. 5.44 Where Property Repairs or cleanup require the use of dumpsters or large bins, every Owner and/or Occupant shall: 5.44.1 empty the dumpsters or large bins when materials or debris reach the top of the bin or when odours are offensive; 5.44.2 not keep the bin in the front yard for more than one month (30 days) in any calendar year. 6. OCCUPANCY STANDARDS Basements and Cellars 6.1 Every Owner or Occupant shall ensure every basement or cellar or part of such basement or cellar used or proposed to be used for kitchen or sleeping purposes shall meet the additional following requirements: 6.1.1 Floors and walls shall be constructed so as to be impervious to water penetration. 6.1.2 Basements or cellars having a concrete floor shall have an adequate number of floor drains connected to the plumbing system. 6.1.3 Concrete floors in a basement or cellar shall be free from major cracks, breaks, or similar conditions which would create an accident hazard or allow the entrance of water into the basement or cellar. 6.2 Every Owner shall ensure every building shall meet all applicable flood proofing standards. Cleanliness and Pest Prevention 6.3 The Owner or Occupant shall: 6.3.1 keep the interior of all Property free of Vermin and insects including, but not limited to termites, which may be deleterious to safety, health and comfort and from conditions which may encourage infestation by such pests. 6.3.2 exterminate any Vermin and insects found in any building, including accessory Buildings or Structures and shall take steps to prevent their reappearance. 6.3.3 shall have a screen of wire mesh, metal grille, or other durable material basement placed over any cellar window or any other opening in a basement or cellar used or required for ventilation, including a floor drain, so as to effectively exclude Vermin. Doors, Passageways and Exits 6.4 The Owner or Occupant shall ensure that all interior passageways and exits shall: 6.4.1 be free from health, fire or accident hazards 6.4.2 have adequate lighting; 6.4.3 be clean, clear, unobstructed and have readily visible exit signs for every means of egress; 6.4.4 be kept free of all obstructions or impediments. 6.5 The Owner shall ensure that every Dwelling Unit within any Building shall have a continuous passageway from the Dwelling Unit to the exterior of the building at street or grade level, except that in a mixed-use Building no exit from the non-residential portions of the building shall pass through any part of a Dwelling Unit. 6.6 The Owner or Occupant shall ensure: 6.6.1 every door used as an entrance to or exit from a garage which is not open and available for use by the general public shall be kept closed and locked, shall be equipped with approved self-closing and self-locking mechanisms and shall not be secured in an open position except in an emergency situation. 6.6.2 buildings containing more than three dwelling units, every door used as an entrance to or exit from a dwelling unit shall be kept closed and locked, shall be equipped with approved self- closing and self-locking mechanisms and shall not be secured in an open position except in an emergency situation. 6.6.3 where a communications system is provided in a multiple dwelling between each dwelling unit and the lobby and contains security locking devices and release facilities for the entrance, shall ensure that such system is in good operating condition. 6.6.4 doors used as an exit from a multiple dwelling or a garage shall be so arranged as to be readily opened, without the use of a key, in the direction of exit travel and shall be of the type easily identified and operated even in darkness. 6.6.5 all exits and means of egress shall have safety equipment such as door closures, coordinating devices and astragals, smoke seals and pressurized vestibules, latching devices and hinges. 6.6.6 all fire doors shall remain closed at all times when they are not actually in use. 6.6.7 interior doors shall properly fit in their frames and shall contain all required hardware, including automatic door closers. 6.6.8 ensure all doors connecting dwelling units to the exterior or to an entrance or exit systems shared in common with other dwelling units, shall have locking devices and other necessary hardware installed to afford the occupants of the dwelling unit with a reasonable degree of privacy and safety and prevent the entry of drafts into the dwelling unit. 6.6.9 a ll doors providing access to a roof shall be kept locked at all times. Exterior Doors and Windows 6.7 Every Owner or Occupant shall ensure a ll exterior openings in a building shall including doors, windows , skylights, basement hatchways, storm and screen doors and storm windows shall fit properly in their frames, be weather -tight, draft -free, and protected by suitable materials to prevent the entry of Vermin and insects and free from: 6.7.1 rotted or defective members; 6.7.2 defective or missing hardware; 6.7.3 torn, damaged or missing screens; 6.7.4 defective or missing weather-stripping or caulking; 6.7.5 broken or missing glass. 6.8 Every Owner or Occupant shall ensure all windows which are designed to be opened and all exterior doors shall: 6.8.1 be capable of being locked or otherwise secured from inside the building. 6.8.2 have glass and other transparent surfaces kept reasonably clean in order to permit unimpeded visibility and unrestricted passage of light. 6.8.3 in all residential buildings (other than single family dwellings) 3 storeys or less and where the lower sill is less than 480mm from the adjoining floor install safety devices in all operable windows and doors in every storey above the ground storey with the finished floor above 1800 mm above the ground. Such devices shall incorporate a mechanism capable of controlling the free swinging of the openable part of the window so as to limit any clear opening to a size that will prevent the passage of a sphere having a diameter more than 100mm. 6.8.4 provide screens for all windows, which are designed to be opened. 6.8.5 Doors in residential occupancies, where the finished elevation on one side of the door is more than 600mm above the ground or floor on the other side shall have a guard or a mechanism described in 6.8.3. Floors, Stairs and Landings 6.9 Every Owner or Occupant shall maintain every interior floor, stair and landing and every appurtenance and surface finishing attached or laid to properly perform the intended function and be: 6.9.1 reasonably smooth and level; 6.9.2 acceptable in appearance; 6.9.3 free from stains, rubbish and debris. 6.10 Every Owner or Occupant shall maintain e very kitchen, bathroom sink and toilet floors impervious to water and in such condition so as to permit easy cleaning. Garages 6.11 Every Owner or Occupant shall maintain garages: 6.11.1 so as to prevent noxious gases from infiltrating a dwelling unit in the same building; 6.11.2 free of storage of vehicles, boats, trailers, and other machinery or any parts of other machinery, which are in a wrecked, discarded, dismantled or inoperative conditio n in any garage; 6.11.3 with safe-exit routes. Guards, Handrails and Balustrades 6.12 Every Owner or Occupant shall provide a handrail or guard so as to afford protection against accident or injury to any person in, at or about any property: 6.12.1 on the open sides of all exterior stairs, fire escapes, platforms, balconies, porches, ramps, landings, or roofs, and at any other location where the difference in elevation between adjacent lands exceeds 600mm and where there is a doorway or other means of access to such locations; 6.12.2 on the open sides of interior landings, stairs, balconies, ramps, galleries, mezzanines and raised floors where the difference in elevation between adjacent levels exceeds 600mm; 6.12.3 except where provided otherwise in this by-law, all interior exit stairs shall have a guard with a minimum height of 900mm measured vertically from a line drawn through the outside edges of the stair nosing. 6.12.4 in accordance with the specifications respecting height and design applicable for new construction of such a guard pursuant to the Building Code. 6.12.5 Handrails must be installed as required by the Ontario Building Code on all stairs and ramps. Laundry Rooms, Recreation Rooms, Play and Amenity Areas 6.13 Every O wner or O ccupant shall keep all laundry, recreation and play and amenity areas clean and free from health, fire or accident hazards and: 6.13.1 shall keep laundry rooms equipped with a functioning clean and sanitary sink connected to hot and cold running water and properly connected to the drainage system and such that sinks shall not discharge onto the floor; 6.13.2 shall keep Plumbing Fixtures in laundry rooms equipped with a trapped floor outlet connected to the plumbing system capable of providing adequate drainage into the plumbing system: 6.13.3 shall in every residential property that contains a building having two or more dwelling units provide an amenity area of not less than as prescribed in the Township Zoning By-law. Locker and Storage Rooms 6.14 Every Owner and Occupant shall store material and equipment shall in an orderly manner and shall not impede any means of exit from the room. 6.15 No Person shall store any flammable materials, which could create a fire hazard, anywhere in the building unless stored in the manner approved in writing by the Fire Chief of the Township. Obligations of Occupants 6.16 Every Occupant shall: 6.16.1 maintain all plumbing, cooking, refrigerating appliances and fixtures and all storage facilities and other equipment, including the unit itself in a clean and sanitary condition; 6.16.2 keep all exits from the dwelling unit clear and unob- structed; 6.16.3 cooperate with the landlord in complying with the requirements of this by-law. Overcrowding 6.17 No Person shall permit a room used or designed for use as a kitchen or bathroom or that is not habitable floor area to used for sleeping purposes within a dwelling unit. 6.18 No Person shall permit the maximum number of persons residing in a dwelling unit to exceed that permitted by the Building Code. 6.19 Every Owner and Occupant shall ensure the minimum floor area of a room used by one or more persons for sleeping purposes comply with the Building Code. Walls and Ceilings 6.20 Every Owner and Occupant shall keep every interior wall and ceiling, all decor and exposed finishes: 6.20.1 clean and free of holes, cracks, damaged and deteriorated plaster or other material 6.20.2 in the public or common areas of multiple dwellings attractive in appearance and clear of unsightly marks, painted slogans and similar markings or defacements 6.20.3 lathed and plastered or completed with finished drywall or covered with other material having equivalent qualities. 6.20.4 fire resistant to the rating and protection for which they are designed or being used for. 7.1 STANDARDS FOR SYSTEMS Electrical Service and Outlets 7.1 Every Owner or Occupant shall ensure that every dwelling unit shall be wired for electricity and: 7.1.1 shall be connected to an operating electrical supply system and the owner shall provide an adequate number of outlets for each room of the dwelling unit; 7.1.2 all electrical fixtures, switches, receptacles and connections shall be kept in a safe condition; 7.1.3 that a kitchen in a dwelling unit and a laundry area serving a dwelling unit shall have at least one electrical split convenience outlet on an individual three wire grounded circuit, unless there is an existing duplex outlet on an individual grounded circuit and every electrical outlet in the laundry area shall be grounded. 7.2 No Person shall: 7.2.1 place any extension cord through any doorway, or across any ceiling, wall or floor; 7.2.2 attach any extension cord to any door frame, window frame, ceiling, wall or floor; and 7.2.3 use any extension cord to provide electricity to any appliance on a permanent or semi-permanent basis. Elevators and Hoists 7.3 Every Owner shall maintain elevators and hoists, including lighting fixtures, lamps, elevator buttons, floor indicators, and ventilation fans in accordance with the requirements of 0. Reg. 209/01 (Elevating Devices) made under the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, as amended from time to time. Heating Systems 7.4 Every Owner or Occupant of every dwelling unit shall have a heating system capable of maintaining a room temperature in accordance with 0. Reg. 517/ 06 made under the Re sidential Tenancies Act, 2006, as amended from time to time. 7.5 Where solid or liquid fuel is required for the operation of the heating system, every Owner or Occupant shall provide an adequate supply of fuel and a receptacle for the storage of the fuel that shall be: 7.5.1 provided and maintained in a convenient location; 7.5.2 properly constructed and free from health, fire or accident hazards. 7.6 No Person shall use an auxiliary heater as a primary source of heat. 7.7 Where an auxiliary heater is used, the heater shall not be located so as to: 7.7.1 cause a fire hazard to walls or any other equipment; 7.7.2 impede the free movement of persons within the room or area where the heater is located. 7.8 Every Owner or Occupant shall maintain every building so as to prevent the passage of noxious fumes and gases from any part of a building or structure into any other part of the building that is occupied by persons or animals. 7.9 Every Owner or Occupant shall maintain f ireplaces and other solid fuel burning appliances connected to a smoke pipe, chimney flue or gas vent and shall be installed so that nearby or adjacent combustible materials and structural members shall not be endangered by unsafe temperatures. Vent pipes, exhaust hoods, chimneys, smoke pipes, smoke stacks, flues or ducts, shall be so constructed, securely anchored and protected so as to prevent: 7.9.1 the heating of adjacent combustible materials and struc- tural members to an unsafe temperature; 7.9.2 the infiltration of noxious gases into the dwelling unit; 7.9.3 health, fire or accident hazards. Kitchen Facilities 7.10 Every Owner or Occupant shall ensure that every room in which meals are prepared in a dwelling unit shall: 7.10.1 have a sink that is installed and maintained to the standards for plumbing fixtures 7.10.2 have appliances and equipment including refrigerator, stove, cupboards, kitchen fixtures and fittings, that function in a safe manner. Lighting 7.11 Every Owner or Occupant shall provide adequate lighting: 7.11.1 in all rooms and in every stairway, hall, passageway and basement or cellar; 7.11.2 in or at every exterior stair, walk, loading and parking area, ramp, driveway and similar area of a yard. 7.11.3 installed so that the work, operations or activities normally carried out, in or about the Property, can be undertaken in safety and without undue eye strain. 7.11.4 in every stairway, exit and entrance, and all common areas in a multiple dwelling 7.11.5 in all garages including providing protection from damage by wired glass or other suitable means of protection from damage. 7.12 Every Owner or Occupant shall provide and maintain standards supporting artificial lights and all exterior lighting and connections in a safe condition. Plumbing 7.13 Every Owner or Occupant shall maintain every dwelling unit with a functioning toilet, washbasin, kitchen sink, bathtub or shower. 7.14 Every Owner or Occupant shall maintain every plumbing fixture and the plumbing system: 7.14.1 connected to an approved Sewage System; 7.14.2 clean and sanitary, free from leaks or defects; 7.14.3 protected from freezing; 7.14.4 so that the water serving it is at a temperature suited to the operation of the plumbing fixture 7.14.5 with safety devices to relieve hazardous pressures and temperatures. 7.15 Every Owner or Occupant shall maintain toilets and urinals: 7.15.1 in such a manner so as to afford privacy in a room with a functioning washbasin 7.15.2 in rooms separated from where food or refreshments are prepared, consumed or stored 7.16 Except in circumstances involving emergency repairs, no person shall disconnect the plumbing system without obtaining prior approval of the Township, and if the building is occupied by tenants, without prior notice by way of written notice deposited or left in the dwelling unit in accordance with applicable law. 7.17 The Owners of Buildings containing a non-residential area used as a place of employment, shall: 7.17.1 provide at least one functioning toilet and washbasin with an adequate supply of hot and cold running water and toilet paper, soap and individual towels or other means of drying in a fully enclosed room with a door that may be locked from the inside and accessible from within the building. 7.17.2 ensure the required plumbing fixtures installed in connection with the non-residential areas of the building and available for use by members of the public are separate from such fixtures provided for the residential portion of the building. Ventilation 7.18 Every Owner shall: 7.18.1 provide adequate ventilation for all habitable rooms, bathrooms and rooms containing toilets or urinals in a dwelling unit 7.18.2 provide adequate mechanical ventilation for every laundry room, garbage room, corridor, furnace and boiler room, and other common area of a building, capable of completely 7.18.3 ensure ventilation is provided from an uncontaminated source 7.18.4 provide ventilation to all areas so as to prevent accumulations of heat, dust, vapours, odours, carbon monoxide, and all other gases likely to create a potential fire, explosion or toxic hazard, or nuisance. 7.18.5 where mechanical ventilation is used, the ventilating duct shall be located on an exterior wall safely away from any window located in an adjoining building and shall be operated so as not to constitute a nuisance. 7.18.6 install and maintain carbon monoxide monitoring devices on each level of a dwelling unit and in the garage. 7.18.7 in buildings that contain a non-residential area where noxious fumes or gases are or could be present, provide ventilation to remove such fumes or gases; and all surfaces separating the non-residential portion from the residential portion shall be of gas-tight construction and prevent the passage of noxious fumes or gases through the separation. 8. PROPERTY STANDARDS COMMITTEE 8.0 Council shall function as the Property Standards Committee for the purposes of this by-law. 8.1 Council shall operate in accordance with the appointment by-law, Terms of Reference, Building Code and applicable procedural by-law provisions as established by the Township from time to time. 8.2 In the event an order issued by an officer is appealed, Council shall carry out its statutory functions pursuant to the Building Code. 9. ADMINISTRATION AND ENFORCEMENT Administration and Authority to Enter 9.1 An Officer as appointed by the Township shall be responsible for the administration and enforcement of this By-Law in accordance with the Building Code Act, 1992, S.O. 1992, c. 23 as amended. 9.2 If any provision of this Bylaw or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this Bylaw or the application of such provision or requirement to all person’s other than those to which it is held to be invalid or unenforceable, shall not be affected thereby and each provision and requirement of this Bylaw shall be separately valid and enforceable to the fullest extent permitted by law. 9.3 The Officer and any person accompanying them under section 15.8(d) of the Building Code: 9.3.1 may at all reasonable times and upon producing proper identification enter and inspect any Property for the purpose of inspecting the property to determine, whether the property conforms with the standards prescribed in the by-law; or whether an order has been complied with 9.3.2 shall not enter any room or place used as a dwelling without consent of the occupier except under the authority of a search warrant issued under Section 21 of the Building Code. 9.4 By-law Number 17-059 is hereby repealed in relation to all property and persons in the Town, with the exception that By-law Number 17-059 shall continue in force and effect in relation to any property or person that is the subject of an ongoing legal proceeding commenced pursuant to that by-law. Orders 9.5 Where any property or system, facility or matter does not conform to the standards set out in this by-law, an Officer may issue an order requiring the owner or occupant of any building to either: (a) repair and maintain the property or system, facility or matter in accordance with the standards prescribed in this by-law; or (b) clear the property of all buildings, structures, debris or refuse and leave the site in a graded and leveled condition. 9.6 If, in the opinion of the Officer, there is doubt as to the structural adequacy or condition of a Building or Structure or part of such Building or Structure, or the Electrical Integrity of a Building or Structure or part thereof, the Officer may require the Owner or Occupant to retain the services of a professional engineer or electrician licensed to practice in Ontario, to examine and provide a written report on the structural or electrical adequacy or condition of the building or structure or part. The written report shall provide details of the findings and proposed repair methods, and include drawings, signed and stamped by the engineer or electrician, including drawings and specifications pertaining to all temporary shoring and other work, deemed necessary by the professional engineer or electrician. The Owner or Occupant shall submit the report to the officer for evaluation and approval. 9.7 An Officer may cause a placard to be placed on the exterior of any building which does not conform to the standards contained in this Bylaw. 9.8 No person shall remove any sign, notice or placard placed by the officer on any property pursuant to the Building Code Act, 1992. 9.9 In accordance with the provisions of Section 15.3 of the Building Code an Owner or Occupant who has been served with an order made pursuant to this By-Law and who is not satisfied with the terms or conditions of the order may appeal to the Appeals Committee by sending a notice of appeal by registered mail together with the required administrative fee, as set out in the Township Fee By-law within 14 days after being served with the order. Professional Report 9.10 Any examination and testing of any building or structure or parts thereof required under this by-law shall be conducted in a manner acceptable to the Officer and at the Owner or Occupant's expense. 9.11 All work specified by a professional engineer or electrician pursuant to an Ordered report shall be completed in the manner and within the time specified by the professional . Scheduling of all work is to be approved by the Officer. 9.12 On completion of the work, the Owner or Occupant shall submit a report, signed and stamped by the professional engineer or electrician certifying that all of the work has been completed to their satisfaction and specifications to the officer. 9.13 No element of a building may be added, removed, repaired or modified in any manner until a permit has been obtained, as required by applicable legislation. Remedy 9.14 Where a Person does not comply with a final and binding order, the Township may authorize its employees or agents to carry out the provisions of the order at the expense of the owner or occupant. In addition to all other remedies, the Township and its employees and/or agents shall: 9.14.1 have the right to repair or demolish the property and may from time to time enter in and upon the property with its servants and agents; 9.14.2 not be liable to compensate such owner or occupant by reason of anything done by or on behalf of the Township under the provisions of this by-law; 9.14.3 The Township shall recover the costs for any repairs or maintenance undertaken to bring a property into compliance with this By-law. The owner to which an order has been issued with be required to pay for the costs including a twenty five percent administration fee, in like matter as municipal taxes. 9.15 The employees or agents of the Township may, at their discretion, obtain direction from the Township to repair or demolish any property in accordance with this by-law. 9.16 Following the inspection of a property and upon the request of the owner or occupant, the officer may issue a Certificate of Compliance to the owner or occupant if, in the officer's opinion, the property is in compliance with this by-law. A fee in the amount established by the Township from time to time is payable prior to the issuance of a Certificate of Compliance. 10. PENALTY 10.1 Every person who contravenes any provisions of this By-law shall be guilty of an offence and, upon conviction, is liable to a penalty as provided for in the Provincial Offences Act and to any other applicable penalties. 10.2 Every Person who fails to comply with a final and binding order made pursuant to the provisions of this by-law and, where the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention or failure to comply, is guilty of an offence and, upon conviction, is liable to a penalty as provided by the Building Code Act, Municipal Act, and Heritage Act. 10.3 Every person who contravenes any of the provisions of this By -Law is guilty of an offence, and, upon conviction, is liable to a penalty as provided by the Building Code Act, Municipal Act, Heritage Act, as amended from time to time. 10.4 Every Person who contravenes any provision of this By-law is liable to the fines and administrative fees set out under the Administrative Monetary Penalty By-law. 10.5 Every Person who is in contravention of the provisions of this By-law may request a review of the matter in accordance with the Administrative Monetary Penalty By-law. 11. ENACTMENT This by-law shall come into force and effect upon the date of passing. READ A FIRST AND SECOND TIME THIS 11th DAY OF JULY, 2022. READ A THIRD TIME AND FINALLY PASSED THIS 11th DAY OF JULY, 2022. The Corporation of the Township of Leeds and the Thousand Islands Corinna Smith-Gatcke, Mayor 4ajirn Megan Shannon, Clerk