Amended By By-law:
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Definition of officer |
THE CORPORATION OF
THE CITY OF BURLINGTON
BY-LAW NUMBER 28-2009
A by-law to prescribe standards for the maintenance and occupancy
of properties in the City of Burlington and to repeal by-laws 73-1999, 110-1999,
110-2006 and 119-2007
WHEREAS under subsection
15.1(3) of the Building Code Act, S.O.
1992, c.23, a by-law may be passed by the Council of a municipality prescribing
the standards for the maintenance and occupancy of property within the
municipality provided the official plan for the municipality includes
provisions relating to property conditions; and
WHEREAS the Council
of The Corporation of the City of Burlington is desirous of passing a by-law
under subsection 15.1(3) of the Building
Code Act; and
WHEREAS subsection 15.6(1) of the Building Code Act requires that a by-law passed under subsection
15.1(3) of the Building Code Act shall provide for the establishment of a Property
Standards Committee; and
WHEREAS subsection
447.2(1) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Municipal
Act”) provides that where a police force has notified the City that premises
contained a marijuana grow operation, the City shall ensure that an inspection
of the lands and building is conducted within a reasonable period of time after
the notification and that appropriate actions are taken in order to make the
building safe and to protect the public; and
WHEREAS subsection 11
of the Municipal Act provides that Council may pass by-laws in respect of the
health, safety and well-being of persons; and
WHEREAS The Council of the Corporation
of the City of Burlington deems it desirous, to include minimum standards for
maintenance and preservation of heritage attributes of properties designated
under subsections 35.3 and 45.1 of the Ontario Heritage Act and;
NOW
THEREFORE the Council of The Corporation of the City of Burlington hereby
ENACTS as follows:
PART
1
1.1
SHORT TITLE
This Bylaw may be referred to as
the “Property Standards By-law.”
1.2
DEFINITIONS
In this bylaw,
“accessory building” means a detached building or structure
not used for human habitation, the use of which is naturally or customarily
incidental and subordinate to, or exclusively devoted to a principal use,
building or structure and located on the same lot therewith and shall also mean
and include a play structure, a detached private garage or detached carport but
which does not include patios or decks associated with a dwelling.
“apartment building” means a building containing more than two dwelling units;
“balcony” means an external balustraded platform and includes both upper and lower
surfaces of the platform;
“boarded building” means a vacant, a partially vacant building, or
an abandoned building or structure in which some or all of the windows, doors
or other openings have been covered for by affixing wood or metal over them so
as to prevent the entrance of elements or unauthorized persons;
“certificate of compliance” means a written opinion of property compliance with
the standards contained in this bylaw issued under Section 15.5 (1) of the Building Code Act 1992, S.O. 1992,
c.23, as amended.
“city” means The Corporation of the City of Burlington in the
Regional Municipality of Halton;
“compost” means a mixture of
decaying organic matter used or intended to be used as fertilizer;
“Council” means the Council of The Corporation of the City of Burlington;
“demolish” means the doing of
anything to effect the removal of a building or structure or part thereof;
“dwelling unit” means one or more habitable rooms designed, occupied or
intended to be occupied as living quarters;
“fence” means any structure, except a structural part of a building,
used wholly or partially to screen from view, to enclose or divide a yard or
other land, to mark or substantially mark the boundary between adjoining land,
and includes swimming pool enclosures, privacy screens, retaining walls, noise
attenuation walls, or other combination of fencing components which form a
continuous barrier for the same purposes;
“Fire Code” means the regulations made under section 12 of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c. 4, as amended;
“debris” includes, but is not limited to:
i.) garbage, litter, refuse, rubbish, trash,
ashes, effluent, rubble, discarded, worthless or worn-out building materials or
components, paper, cartons and any other things, matter or effluent and
fragments or parts thereof.
ii.) discarded, worthless, worn-out or abandoned items or articles
of personal property or fragments or parts thereof;
iii.) any inoperative motor vehicle or motor vehicles or any motor
vehicle parts or components, emanating from or located on lands used or
intended to be used for human habitation, unless other use permitted under any
other By-law
“good state of repair” includes the provision of such facilities
and the making of additions or alterations or the taking of other action as may
be required to ensure that the property shall conform to the standards
established in this By-law.
“good workman like manner” includes among other things;
1)
ensuring that the component repaired can
perform its intended function
2)
finishing the repair in a manner reasonably
compatible in design and colour with adjoining decorative finishing
materials
“graffiti” means one or more letters, symbols or marks, howsoever
made, that disfigure or deface a property or object, but does not include a
sign pursuant to the City's sign bylaws or a mural which has been authorized
by the City;
“habitable room” means any room in a dwelling or dwelling unit used
or intended to be used for living, eating, sleeping, or cooking, and without
limiting the forgoing shall include den, library, sunroom, or recreational room
or any combination thereof;
“hard surface” means asphalt, concrete, or compacted crushed stone or
gravel, granular material or aggregate with an asphaltic or cement binder
having a minimum over all depth of 15.0 cm. or any other permanent type of
surfacing which prevents the raising of dust or loose particles.
“health hazard” means a condition of a premise, a substance, thing,
plant or animal other than man, or a solid, liquid, gas or combination or any
of them, that has or that is likely to have an adverse effect on the health of
any person and includes but is not limited to accumulations of water that is
infected with mosquito larva implicated in the transfer of the West Nile Virus
“Heritage
Attribute” means:
a) the attribute of
the Property, building or structure that contributes to its cultural heritage
value or interest that is defined, described, or can be reasonably inferred:
i.)
in
a by-law designating a property passed under section 29 of the Ontario
Heritage Act R.S.O. 1990, c.o.18 as amended and identified
as a heritage attribute, value, reason for designation, or otherwise;
ii.)
in
a Minister’s order made under section 34.5, Part IV, of the Ontario Heritage Act and
identified as heritage attribute, value, reason for designation or otherwise;
iii.)
in a by-law designating a heritage
conservation district passed under section 41, Part V, of the Ontario
Heritage Act and identified as a heritage attribute, value, reason for
designation or otherwise; or
iv.)
in
the supporting documentation required for a by-law designating a heritage
conservation district, including but not limited to a heritage conservation
district plan, assessment or inventory, and identified as a heritage attribute,
value, reason for designation or otherwise.
b) The elements,
features or building components including roofs, walls, floors, retaining
walls, foundations and independent interior structures and structural systems
that hold up, support or protect the heritage values and attributes and without
which the heritage values and attributes might be at risk.
“Part
IV Heritage Property” means property, including all buildings and
structures thereon, that has been designated by the City under section 29 or by
the Minister under section 34.5 of the Ontario Heritage Act.
“Part
V Heritage Property” means property, including all buildings and structures
thereon, located within a heritage conservation district that has been designated
by the City under section 41 of the Ontario Heritage Act.
“Heritage Property” means a building or
structure, or part of a building or structure including 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, [Part IV Heritage Properties and Part V
Heritage Properties.]
“Heritage Permit:” means a permit issued by Council under section
33, 34 or 42 of the Ontario Heritage Act,
to alter, erect, demolish or remove a building or structure.
“hoarding” means a fence or
similar structure used to enclose a property or part thereof which is or
intended to be under development
“marijuana grow operation” means any property or portion of a
property which the Halton Region Police Service, the
Ontario Provincial Police or the Royal Canadian Mounted Police has identified
in writing to the Clerk of the municipality as having contained a marijuana
grow operation.
“nonhabitable space” means any space in a dwelling
or dwelling unit other than a habitable room, and includes a washroom,
bathroom, toilet room, laundry, lobby, communication corridor, stairway,
closet, boiler room and other space used for service and maintenance of common
use, for access to and vertical travel between storeys
and a basement or part thereof which does not comply with the standards of
occupancy set out in this bylaw;
“Officer” means a Property Standards
Officer appointed by the City of Burlington for the purpose of administering
and enforcing this By-law.
“Ontario Building Code” means the regulations made under section 34
of the Building Code Act, S.O. 1992, c.23, as amended
“owner” means the registered owner of
property and includes a lessee, a mortgagee in possession, and any person having
care and control over any portion of the property under consideration
“Ontario Electrical Safety Code” means the regulations made under
the Electrical Act 1998 S.O. 1998 c15
Schedule A, as amended.
“parking garage” means a building or part thereof used or intended
for the storage or parking of motor vehicles, boats, trailers bicycles or other
machinery and which contains no facilities for the repair or servicing of
vehicles as authorized in accordance with municipal bylaws.
“pest” means any mouse, rat, bed bug,
flea, wasp, hornet or cockroach, but does not include a domesticated rat or
mouse
“property” means a building or structure or
part of a building or structure and includes the lands and premises appurtenant
thereto and all mobile structures, outbuildings, fences and erections thereon,
whether heretofore or hereafter erected, and includes vacant land and
properties listed under Part IV or Part V of the Ontario Heritage Act R.S.O. 1990, c. O.18, as amended
“Property Standards Committee” is
a committee appointed by City Council to consider appeals to orders issued by
Property Standards Officers.
“residential property” means a property that is used or designed for use as a
dwelling unit;
“sign” means any
surface, structure and other component parts, which are used or capable of
being used as a visual medium to attract attention to a specific subject matter
for identification, information or advertising purposes and includes an advertising
device or notice.
“standards” means the standards
of physical condition and occupancy of property set out in this bylaw.
“swimming pool enclosure” means a fence or wall or combination
thereof including any doors or gates surrounding an outdoor swimming pool and
restricting access thereto; and
“yard” means any open, uncovered,
unoccupied space appurtenant to a building.
1.3. SCOPE
This bylaw shall apply to all
property in the City of Burlington save and expect property owned by the
Corporation of the City of Burlington or the Regional Municipality of Halton.
1.4. STANDARDS
The standards for
maintenance and occupancy of property set out in this bylaw are prescribed as
the minimum standards within the City of Burlington.
PART 2
BUILDINGS
2.1
STRUCTURAL CAPACITY
Every building or structure or
part of a building or structure shall be structurally sound and maintained in
that condition so that it has sufficient structural capacity to resist safely
and effectively all loads and the effects of loads and influences that may
reasonably be expected, having regard to its expected use and service life.
2.2
FOUNDATIONS AND FOUNDATION WALLS
The foundations and the
foundation walls of every building or structure or part of a building or
structure shall be structurally sound and maintained in that condition and for
the purpose that they were designed.
2.3
EXTERIOR WALLS AND ROOFS
2.3.1 Exterior walls and their components shall be maintained so as to
prevent their deterioration and shall be so maintained, by the painting,
restoring or repairing of the walls, coping or flashing or by the waterproofing
of joints and the walls themselves.
2.3.2 Exteriors of buildings shall be:
a)
kept
weather resistant with the use of caulking and or other appropriate weather
resistant material, and
b)
maintained to prevent the entry of pests and
birds.
2.3.3 A roof including the fascia board, soffit, cornice and flashing
shall be maintained in a weather-tight condition, and able to prevent the
leakage of water into the building.
2.3.4 All structural components of a roof shall provide adequate support
for all design loads, and from a suitable base for the roof covering, and where
the roof is subjected to a load for which it may not be adequate the roof shall
be cleared of the load to prevent collapse or structural damage.
2.3.5 Exterior walls and their components shall be repaired of vandalism
and other damage, and shall be kept free of graffiti.
2.4
EXTERIOR DOORS, WINDOWS AND
EXTERIOR TRIM
2.4.1
The
exterior doors, windows and exterior trim of every building or structure or
part of a building or structure, shall be maintained in a good state of repair,
properly fitted to prevent the entrance of the elements and painted or
otherwise treated to provide protection against decay and rust.
2.4.2
The
owner shall provide and install a safety device on any window with a movable
sash, and on any balcony door, so as to ensure that any child under the age of
12 years will be unable to open such windows or doors to a width greater than
four (4) inches (10 centimetres).
2.4.3
The
owner of an apartment building shall provide and install in a secure manner,
screens on all exterior door and window openings in each apartment unit.
2.4.4
Where
windows in exit stairways of buildings greater than three storeys
in height extend to less than 42 inches (107 centimetres)
above the landing, they shall be protected by a guard not less than 42 inches
(107 centimetres) in height, unless designed to meet
the loads of guards required by Ontario Building Code.
2.4.5
No
window referred to in subsection (2.4.2) shall be equipped with a safety device
that makes it incapable of being opened by an adult in an emergency without the
use of tools.
2.5
EXTERIOR STAIRS AND
PORCHES
2.5.1
All
exterior stairs, stairways, porches, awnings, canopies, fire escapes and other
related structures shall be structurally sound, properly painted or otherwise
treated, and free of loose and unsecured objects and materials.
2.5.2
Where
there is a difference in elevation between adjacent levels of 60 centimeters or
more, a guard shall be installed and maintained in accordance with the Ontario
Building Code.
2.6
BALCONIES
2.6.1 Balconies shall be structurally
sound and shall not allow the ponding of water. All
balconies shall be enclosed by a sound, safe and clean guard which is firmly fastened
to the main structure and maintained in good state of repair.
2.6.2 All balconies shall be kept clear
of accumulations of garbage and debris.
2.6.3
All
guards shall be sound, rust free, properly treated or painted.
2.7
BOARDED BUILDINGS
2.7.1
Notwithstanding
subsection 2.4.1, where the exterior doors, windows, trim or other opening of
vacant buildings, partially vacant buildings, or abandoned buildings or
structures are broken, improperly fitted or otherwise in disrepair the City may
order the property owner to board up the building or structure as an interim
security repair measure so as to prevent the entrance of elements, or
unauthorized persons, or the infestation of pests.
2.7.2
The
boarding as ordered under subsection 2.7.1 shall comply with the following
requirements:
a)
All
boards used in the boarding shall be installed from the exterior and properly
fitted to the size of the opening of the building or structure within the
frames in a watertight manner.
b)
All
boards shall be painted or otherwise treated so that the colour
blends with the exterior of the building.
c)
Doors,
windows and other openings of the building or structure shall be securely
boarded up with a solid piece of plywood 19 mm thick or metal plate at least 6 millimetres thick.
2.8.
CHIMNEYS
2.8.1
Every chimney, smoke pipe, vent, flue or similar apparatus serving
a heating device or system shall be:
a)
installed
and maintained so as to prevent the escape of smoke or gases within the
building;
b)
clear
of obstructions;
c)
free
from open joints;
d)
free
from broken and loose masonry;
e)
in
a good state of repair, securely anchored and plumb
2.9.
GRAFFITI
All property, including but not
limited to, buildings, structures, fences or other objects shall be kept clean
of graffiti at all times.
2.10.
INTERIOR HALLWAYS, STAIRWELLS,
AND FLOORS
2.10.1 The interior stairs, stairways, stairwells, hallways, landings and floors of every part of a building or structure shall be in a safe and clean and sanitary condition, shall be properly painted or otherwise treated, and;
a)
excessively
worn, broken, warped or loose boards, floors and floor coverings must be
replaced or repaired in a good workmanlike manner;
handrails must be securely installed and
maintained in a good state of repair;
b)
all interior doors, doorframes and
required hardware must be provided and maintained in good condition and
properly functioning and closing.
2.11.
MAIL COLLECTION AREAS
All mail collection areas,
including mail boxes, where supplied in any building, shall be maintained in a good
state of repair.
2.12.
LIGHTING
2.12.1 All habitable space shall have
artificial lighting to the level required by the Ontario Building Code.
2.12.2 All exterior and interior common
areas shall have artificial lighting sufficient so that those areas can be used
or passed through safely and this artificial lighting shall be maintained in a
good state of repair.
2.12.3 Artificial lighting in interior
common areas that meets the level required by the Ontario Building Code is
sufficient for the purpose of subsection 2.12.2.
2.13.
INTERIOR CEILINGS AND WALLS
2.13.1 The interior ceilings and walls
of every building and structure shall be maintained in a safe and sound
condition and in a good state of repair.
2.13.2 All paint, or other wall
covering, which is stained or deteriorated, shall be repainted and repaired,
missing or loose ceiling or wall tiles shall be repaired or replaced.
2.13.3 Repairs made to interior walls
and ceilings shall be completed in a good workmanlike manner and each repair
shall be finished to match the existing wall or ceiling.
2.14.
REFUSE STORAGE ROOMS AND VERTICAL
REFUSE SERVICE SPACES MAINTENANCE IN APARTMENT BUILDINGS
All refuse storage rooms,
vertical refuse service spaces and refuse containers shall be operable,
accessible at reasonable times and maintained in a clean and sanitary condition,
free from accumulations of garbage, odours, insects,
and other pests
2.15.
LAUNDRY ROOMS, STORAGE ROOMS,
RECREATION ROOMS AND CHILDREN'S PLAY AREAS IN APARTMENT BUILDING COMMON AREAS
2.15.1 Laundry and recreational
equipment contained within apartment buildings shall be maintained in a safe,
good state of repair.
2.15.2 All rooms used for storage,
laundry or recreational purposes shall be kept clean and free from health, fire
and accident hazards.
2.15.3 Every area of a property set
aside as a children's play area shall be kept in a clean, safe and operable
condition including all equipment placed therein.
2.16.
RESIDENTIAL
OCCUPANCY STANDARDS
2.16.1 Nonhabitable space shall not be used for
human habitation.
2.16.2 The maximum number of persons
residing in a dwelling unit shall not exceed one person for each nine square metres of habitable room floor area.
2.16.3 No portion of a dwelling unit
shall be used for human habitation unless, the floors, walls and ceilings and
openings in the exterior walls or roof are watertight, free from dampness and
reasonably free from drafts at all times:
2.16.4 Every habitable room shall have a
minimum ceiling height in accordance with the Ontario Building Code.
2.16.5 Buildings used or to be used for
human habitation shall be insulated to minimize heat loss, air infiltration and
moisture condensation on the interior surfaces of walls, ceilings and floors as
required by the Ontario Building Code.
2.16.6 Anything employed in providing
water or any energy source serving light, heat, refrigeration or cooking
facilities in a dwelling unit occupied by a tenant shall not be disconnected,
except for such reasonable period of time as may be required for the purpose of
repairing, replacing or altering such service or utility.
2.16.7 Every dwelling unit shall be kept
free of infestation by pests.
2.16.8 Kitchen Facilities
a)
every room in which meals are prepared
in a dwelling unit shall have a sink that is installed in a counter having a
backsplash and a drain board made of material impervious to water.
b)
The
sink shall be connected to an adequate supply of potable running hot and cold
water and be connected to the drainage system of the dwelling unit.
c)
Each
kitchen in a dwelling unit shall have an approved, connected and operating gas
or electrical supply for cooking and refrigeration appliances.
d)
Every
cupboard, kitchen fixture, fitting and supplied appliance shall be maintained
in a good state of repair and working order.
2.16.9 Interior and exterior barrier
free access facilities where installed or required by the Ontario Building Code
and other applicable legislation, shall be maintained in a good state of repair,
operational and suitable and available for use by persons with disabilities.
2.16.10 Every occupant of a dwelling unit
shall maintain the dwelling unit and all supplied facilities and equipment
therein in a clean and sanitary condition and shall cooperate with the
landlord in complying with the requirements of this bylaw.
PART 3
BUILDING SERVICES
3.1
ELEVATING DEVICES
Elevating devices in apartment
buildings, including all parts thereof, shall be maintained in a good state of repair
in accordance with the Technical
Standards & Safety Act 2000 S.O.
2000 c.16 as amended, and shall be operational, except for such reasonable
period of time as may be required for the purpose of repairing such elevating
devices.
3.2
HEATING AND VENTILATNG SYSTEMS
3.2.1
The
heating system and all associated mechanical equipment shall be operated and
maintained in good working order and in accordance with the Ontario Building
Code
3.2.2 The following applies to
residential rental buildings only.
a)
Heat shall be provided and maintained at
least 20 degrees Celsius between the 1st day of September in each
year and the 31st day of May of the following year; including
recreation rooms and laundry rooms but excluding locker rooms and garages.
b)
Subsection (a) does not apply to a
residential rental unit in which the tenant can regulate the temperature as
long as the minimum temperature of 20 degrees Celsius can be maintained.
c)
Every residential rental unit shall have
heating equipment capable of maintaining the temperature level required by
subsection (a).
d)
Except in the event of an emergency, no
occupied building shall be equipped with portable heating equipment as the
primary source of heat.
3.2.3 All habitable
rooms shall have natural or mechanical means of ventilation in accordance with
the Ontario Building Code. All systems of mechanical ventilation shall be
maintained in good working order.
3.3
SNOW REMOVAL
The following subsections apply to all residential rental property containing apartments, and all areas of commercial, industrial and institutional property that the general public has access to:
3.3.1 All ramps and access routes
leading to garages shall be kept free from ice and snow.
3.3.2 All walkways and access routes to
and from buildings shall be kept free from ice and snow and hazards at all
times.
3.3.3 All exterior parking areas,
including laneways, shall be kept free from accumulations of ice and snow at
all times.
3.4
ELECTRICAL
SYSTEMS
3.4.1
All
buildings, where required by the Ontario Building Code or the Ontario
Electrical Safety Code, shall be connected to an electrical supply system and
shall be wired to receive electricity.
3.4.2 The capacity of the connection to
the building and system of circuits and electrical outlets distributing the
electrical supply within the building shall be adequate for the use and
intended use and shall be maintained in a good state of repair, so as to
prevent fire and accident hazards, and in compliance with the Ontario
Electrical Safety Code.
3.5
DRAINAGE
AND PLUMBING SYSTEMS
3.5.1 Drainage and plumbing systems on
the property shall be provided, installed and maintained in a good state of
repair and shall be:
a)
installed in compliance with the
requirements of the Ontario Building Code.
b)
free from leaks, defective or
dripping taps and other defects.
3.5.2 All eaves troughs and drainpipes
shall be maintained in good working order and free from health hazards.
3.5.3 Downpipes need not be connected
to a storm sewer when arranged to discharge water runoff and shall be at least
0.6 metres from the building or at a distance
acceptable to the officer and conveyed in an acceptable flow path away from the
property.
3.5.4 Eaves troughs, gutters, downpipes
and storm sewer connections are not required when the roof is designed to
prevent water runoff from causing deterioration to the building or
creating a nuisance to persons on or adjacent to the property.
3.6
PARKING GARAGES
3.6.1 Lighting
a)
Lighting
fixtures in all parking garages shall be maintained in a good state of repair.
b)
Every
parking garage shall be illuminated by natural means where available, and
adequate number of light fixtures, or the painting of walls, columns and
ceilings white in colour, or any combination thereof,
as to maintain an average level of illumination of at least fifty (50) lux (4.6 foot candles).
c)
One
(1) measurement of intensity of illumination made at floor level for every nine
(9) square metres (96.9 square feet) of floor area
shall be used in establishing the average level of illumination.
d)
The
level of illumination at any location on the floor of a parking garage shall
not be less than 10 lux (0.90 foot candle).
3.6.2
All
ventilation systems within parking garages shall be maintained in a good state
of repair at all times.
3.6.3
Exits
a)
All
means of egress, including doors, and operating hardware in parking garages
shall be maintained in a good state of repair and free from all obstructions.
b)
All
exit signs shall be provided and maintained in a good state of repair in
accordance with the requirements of the Ontario Building Code and Ontario Fire
Code and shall be unobstructed and readily visible.
3.6.4
All
floor drains in such garages shall be maintained in a good state of repair and
free from obstructions.
3.6.5
Every
floor, wall, ceiling and stairwell of a parking garage shall be kept clean and
free from debris, objects or other conditions that might create a hazard,
obstruction or unsightly condition.
3.6.6
All
parking garages, except for garages associated with a single family dwelling, shall
be kept clear of any machinery, vehicles, boats, trailers or parts thereof
which are in an unusable, wrecked, unlicensed, discarded or abandoned condition.
3.7
TOILET AND BATHROOM FACILITIES
3.7.1
Every
dwelling unit shall contain plumbing fixtures consisting of at least:
a) a toilet;
b)
a
sink; and
c)
a
bathtub or shower
3.7.2
Every
commercial, institutional and industrial building shall contain plumbing
fixtures in accordance with the appropriate Provincial legislation.
3.7.3 All bathrooms and toilet rooms
shall be located within and be accessible from within the building which it
serves.
3.7.4 All bathrooms and toilet rooms
shall be fully enclosed and have a door capable of being locked so as to
provide privacy for the occupant.
3.7.5 Where practical a wash basin
shall be located in the same room as the toilet.
3.8
SECURITY
3.8.1
Doors
which allow access to or egress from a dwelling unit shall be equipped with a
lock that:
a)
complies
with the Ontario Building Code and Ontario Fire Code; and
b)
is maintained in a good state of
repair and in an operative condition.
3.8.2
Exterior
security locking and release, and voice communication systems, when provided,
shall be maintained in a good state of repair and operative condition, and in
compliance with the requirements of the Ontario Building Code.
3.9
EGRESS
Every means of egress from a
dwelling unit, building or structure shall be safe and unobstructed and comply
with the Ontario Building Code and Ontario Fire Code.
3.10
HOT AND COLD RUNNING WATER
Every dwelling unit shall be
connected to and supplied with hot and cold running water of adequate water
pressure and the hot water shall be at least 43 degrees Celsius measured at the
tap after the water runs for at least 30 seconds.
PART 4
ENVIRONMENT
4.1
LAND
All exterior property
areas, including vacant land, shall be maintained in a clean and reasonable
condition so as to prevent fire, accidents or health hazard, and more
particularly;
4.1.1. Every
hard surfaced walkway, driveway, parking area or laneway shall be evenly graded
and maintained free of potholes or uneven sections.
4.1.2 Dilapidated,
collapsed or unfinished structures and all accumulations of material, wood,
debris or other objects that create an unsafe or unsightly condition,
deleterious to the neighbouring environment, shall be
removed.
4.2
ACCESSORY BUILDINGS
Accessory
buildings shall be kept:
4.2.1. protected by paint, preservative or other weather resistant
material;
4.2.2. in a structurally sound condition and plumb, unless
specifically designed to be other than vertical;
4.2.3 in a
good state of repair and free of accident hazards
4.3
SWIMMING POOLS
4.3.1 All swimming pools, wading pools and artificial ponds, and any
accessory or parts thereof shall be maintained in a good state of repair, free
from leaks, mechanical or structural disrepair, or any other defects
4.3.2 All swimming pools, wading pools and artificial ponds, in
apartment building properties and any accessory or parts thereof which are not
operated shall be removed, or fitted with a suitable cover so as to prevent,
the entrance of elements, and/or the infestation of pests or insects.
4.4
FENCES
4.4.1 All fences shall be erected and maintained so that they are:
a)
structurally
sound;
b)
in
a condition free of safety hazards and
c)
in
a good state of repair
4.4.2 For the purpose of this section, the term
“good state of repair” means that:
a)
the
fence is completely built, standing in a vertical position, and is securely
anchored;
b)
the
fence is free of components that are broken, rusted, rotted, or otherwise in
disrepair; and
c)
any stained or painted surfaces of
the fence are maintained free of peeling paint or stain.
4.4.3 All fences shall be maintained in accordance with the height
restrictions as set out in the City of Burlington’s Zoning
By-law and other applicable by-laws.
4.5
TREES
Any tree or any parts thereof
that is a hazard shall be removed.
4.6
TELEVISION, RADIO ANTENNAE AND
SATELLITE DISHES
Television antennae, satellite
dishes and other similar structures must be securely anchored and maintained in
a safe and good condition.
4.7
REFUSE
DISPOSAL
4.7.1 Every apartment building having
common access corridors to individual apartments shall be equipped with a garbage or refuse room accessible to all tenants on the
floor, and all doors to these rooms shall not be equipped with locking devices.
Every residential building exceeding two storeys in
height shall have a garbage chute with a self closing door connecting the
aforesaid rooms to a common room at or near grade.
4.7.2 In all other apartment buildings,
sufficient rooms with containers and receptacles shall be provided to safely
contain all garbage, rubbish, ashes, waste and other refuse, which shall not be
allowed to accumulate but shall be removed or made available for removal in
accordance with the applicable waste collection bylaws.
4.7.3 The facilities required by
subsections 4.7.1 and 4.7.2 shall be designed and installed in accordance with
the Ontario Building Code.
4.7.4 In the event that strict application
of subsections 4.7.1, 4.7.2 and 4.7.3 are not practical, the Property Standards
Officer may accept alternative measures, provided that the resultant standard
is generally equivalent to the standard herein required, and that such
alternative measures are in accordance with all applicable law.
4.7.5 All exterior refuse storage and
collection areas, including containers and receptacles, shall be maintained in
a safe, clean, sanitary, odour free and tidy
condition.
4.8
COMPOST, PET FOOD AND ANIMAL FEED
STORAGE
4.8.1 A residential property may
provide for not more than two compost heaps, provided the piles are located in
the rear yard and each is no larger than one meter square (10.76 square feet),
no higher than 1.8 meters (6 feet) and are each enclosed on all sides by concrete
blocks, a lumber structure, a metal frame or a commercial plastic compost
container.
4.8.2 All compost, pet food and animal
feed shall be stored and kept on a property in a reasonable manner so as not to
allow offensive odours to affect the surrounding neighbourhood or attract rodents, pests, or other animals
to the property.
PART 5
5.1.1
“In
addition to the minimum standards for maintenance and occupancy of property
under this by-law, the owner of a Part IV Heritage Property or a Part V
Heritage Property shall:
5.1.2
Protect,
maintain and/or stabilize the property’s Heritage Attributes so as to preserve
the existing materials, form and integrity of the Heritage Property and its
cultural heritage value; and
5.1.3
Maintain
the property and the components of the property that hold up, support or
protect the Heritage Attributes in a manner that will ensure the preservation
of the Heritage Attributes
5.2.1
Where
a Heritage Attribute of a Part IV Heritage Property or a Part V Heritage
Property can be repaired, the Heritage Attribute shall not be replaced and
shall be repaired by reinforcing its materials using recognized conservation
methods.
5.2.2
Where
a Heritage Attribute is too severely deteriorated to repair, and where
sufficient physical evidence exists, it shall be replaced with new elements
that match the form, material and detailing of the original elements. Where there is insufficient physical evidence,
the form, material and detailing of the new elements shall be compatible with
the heritage character of the Heritage Property.
No
building or structure on a Part IV Heritage Property or a Part V Heritage
Property may be altered or cleared, including but not limited to removed,
demolished or relocated except where a Heritage Permit has been issued in
accordance with the Ontario Heritage Act
5.4.1
Where a Part IV Heritage Property or a
Part V Heritage Property remains vacant for a period of 90 days or more the
owner shall ensure that appropriate utilities serving the building are
connected as required to provide, maintain and monitor proper heating and
ventilation to prevent damage to the Heritage Attributes caused by
environmental conditions.
5.4.2
Where a building on a Part IV Heritage
Property or a Part V Heritage Property is vacant, unoccupied or damaged by
accident, storm, neglect or other causes or intentional damage, the owner shall
protect the building against the risks of fire, storm, neglect, intentional
damage or damage by other causes and shall effectively prevent the entrance of
all animals or unauthorized persons by closing and securing openings to the building
with boarding:
a)
that
completely covers the opening and is properly fitted in a watertight manner
within the side jambs, the head jamb and the exterior bottom sill of the door
or window opening so the exterior trim and cladding remains uncovered and undamaged
by the boarding;
b)
in
a manner that minimizes visual impact:
i.)
on
window openings, that is painted a matte black to resemble window glass;
ii.)
on
door openings, that is painted a colour that matches
the colour of the original door;
iii.)
on
an opening other than a window or door opening, that is painted or otherwise
treated so that the colour matches the colour of the surrounding exterior of the building; and
c)
that is fastened
securely in a manner that minimizes damage to the Heritage attributes and the
historic fabric, and is reversible. Doors, windows and other openings of the
building or structure shall be securely boarded up with a solid piece of
plywood 19 mm thick or metal plate at least 6 millimetres
thick.
5.4.3
No window, door or other opening on a
Part IV Heritage Property or Part V Heritage Property shall be secured by brick
or masonry units held in place by mortar unless required by a Property
Standards Officer.
5.4.4
If there is a conflict between this
section and any other provision in this chapter or any other City by-law, the
provision that establishes the highest standard for the protection of Heritage
Attributes shall prevail to the satisfaction of the Chief Building Official.
PART 6
MARIJUANA GROW OPERATIONS
6.1
No
person, owner or occupant shall cause, permit or allow a marijuana grow
operation on or in a property within the City of Burlington.
6.2
No
owner or occupant shall cause, permit or allow an unsafe, dangerous offensive
or unwholesome condition to exist on or in a property as the result of a marijuana grow operation.
6.3
No
owner or occupant shall cause, permit or allow water, rubbish or noxious
offensive or unwholesome odours, liquids or materials
to collect or accumulate in or around a property as a result of a marijuana grow operation.
6.4
Every
owner or occupant of a property that contained a marijuana grow operation shall
immediately:
a)
Remove
all equipment or materials used in the marijuana grow operation;
b)
Remove
and restore any alteration to the property made as a result of the marijuana
grow operation;
c)
Repair
any damage to property caused or associated with a marijuana grow operation,
including, but not limited to, mould or water damage; and
d)
Obtain
and comply with all inspections, orders, permits and approvals required for the
safe and lawful use of the property.
6.5 No person shall allow a property or any portion of a property that
has been used as marijuana grow operation to be used as a dwelling or for any
other purpose which requires occupation of the property by person unless it has
been remediated, restored or repaired as required under Section 6.4.
PART 7
ADMINISTRATION AND
ENFORCEMENT
7.1
ADMINISTRATION
7.1.1 Property Standards Officers as appointed by Council, are hereby
assigned the responsibility of administering and enforcing this by-law.
7.1.2 Any Regional Public Health Inspector or Fire Prevention Officer of
the municipality is hereby authorized and directed to act as an assistant to
the Property Standards Officer from time to time.
7.1.3 No person shall hinder or obstruct, or attempt to hinder or
obstruct, an officer in the exercise of a power or the performance of a duty
under the By-law.
7.2
ENFORCEMENT
7.2.1 An officer or any person acting under his or her instructions; may, upon producing proper
identification, enter upon any property at any reasonable time without a
warrant for the purpose of inspecting the property to determine,
a)
whether the property conforms with the
standards prescribed in the by-law; or
b)
whether an Order made under this by-law
has been complied with.
7.3 ORDER TO REMEDY
7.3.1 An officer who finds that a property does not conform to any of the
standards prescribed in the by-law may make an order:
a) stating the municipal address or the legal description of such property;
b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition;
c) indicating the time for complying with the terms and conditions of the Order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner’s expense; and
d) indicating the final date for giving notice of appeal from the Order.
7.3.2. The Order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the Order may be posted on the property.
a) no person shall obstruct the visibility of an Order and no person shall remove a copy of any Order posted under this by-law unless authorized to do so by an officer.
b) an Order required by this By-law to be served may be served personally or by registered mail sent to the last known address of the person to whom notice is to be given or to that person’s agent for service.
c) if a notice or Order is served by registered mail, the service shall be deemed to have been made on the fifth day after the day of mailing.
7.3.3. An Order may be registered on the property in the 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 day on which the Order was served under subsection 7.3.2 and, when the requirements of the Order have been satisfied, the clerk of the municipality shall forthwith register in the Land Registry Office a certificate that such requirements have been satisfied, which shall operate as a discharge of the Order.
7.4
APPEAL
7.4.1 An owner or occupant who has been served with an Order made under subsection 7.3, and who is not satisfied with the terms or conditions of the Order may appeal to the Committee by sending a Notice of Appeal by registered mail and the fee set out in Schedule “B”, to the Secretary of the Committee within 14 days after being served the Order.
7.4.2 If an appeal is taken, the Property Standards Committee shall hear the appeal and shall have all the powers and functions of the officer who made the Order, and may,
a) confirm, modify or rescind the Order to demolish or repair;
b) extend the time for complying with the order if, in the Committee’s opinion, the general intent and purpose of the by-law is maintained.
7.5 POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH
7.5.1 If an Order of an officer under subsection 7.3.1 is not complied with in accordance with the Order as deemed confirmed or as confirmed or modified by the Committee or a Judge, the City may cause the property to be repaired or demolished accordingly.
7.5.2 For the purpose of subsection 7.3.1, employees or agents of the City may enter the property at any reasonable time without a warrant in order to repair or demolish the property.
7.5.3 Despite subsection 31 (1) of the Act, the City or any person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the City in reasonable exercise of its powers under subsection 7.3.1
7.5.4 The City shall have a lien on the land for the amount spent on the repair or demolition under subsection 7.3.1 and the amount shall be deemed to be municipal real property taxes and may be added to the collector’s roll and collected in the same manner and with the same priorities as municipal real property taxes.
7.6
EMERGENCY ORDER
7.6.1
If
upon inspection of a property the officer is satisfied that there is non-conformity
with the standards in this 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 non-conformity and requiring remedial repairs or clearing of
all buildings, structures or debris from the site and leaving the site in a
graded and leveled condition where the cost of doing such work does not exceed $25,000.00,
to be carried out immediately to terminate the danger.
7.6.2
The
order shall be served on the owner of the property and such other persons
affected thereby as the officer determines and a copy shall be posted on the
property.
7.6.3
After
making an order under subsection 7.6.1, the officer may, either before or after
the order is served, take any measures necessary to terminate the danger and,
for this purpose, the City may, through its employees and agents, at any time
enter the property in respect of which the order was made without a warrant.
7.6.4
Despite
subsection 31 (2) of the Act, the City or a person acting on its behalf 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 7.6.3.
7.6.5
If
the order was not served before measures were taken to terminate the danger,
the officer shall serve copies of the order in accordance with subsection 7.6.2
as soon as practicable after the measures have been taken, and each copy of the
order shall have attached to it a statement by the officer describing the
measures taken by the City and providing details of the amount expended in
taking the measures.
7.6.6
If
the order was served before the measures were taken, the officer shall serve a
copy of the statement mentioned in subsection 7.6.5 in accordance with
subsection 7.6.2 as soon as practical after the measures have been taken.
7.6.7
As
soon as practicable after the requirements of subsections 7.6.5 and 7.6.6 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 7.6.1
and the judge shall hold a hearing for that purpose.
7.6.8
The
judge in disposing of an application under subsection 7.6.7 shall:
a)
confirm,
modify or rescind the order; and
b)
determine whether the
amount spent on measures to terminate the danger may be recovered in whole, in
part or not at all.
7.6.9
The
disposition under subsection 7.6.8 is final.
7.6.10
The
amount determined by the judge to be recoverable shall be a lien on the land
and shall be deemed to be municipal real property taxes and may be added to the
collector’s roll and collected in the same manner and with the same priorities
as municipal real property taxes.
PART
8
PROPERTY
STANDARDS COMMITTEE
8.1
A
Committee to be known as The Property Standards Committee of the City of
Burlington is hereby continued.
8.2
The
Committee shall consist of 3 ratepayers of the City to be appointed by Council
for a term of 4 years to be concurrent with each term of Council. The members of the Committee shall hold office
until their successors have been appointed.
Any vacancy on the Committee shall be filled forthwith by Council.
8.3
The
chair receives $100.00 per meeting and the other members of the Property
Standards Committee each shall receive an honorarium of $80.00 per meeting for
the attendance of a Property Standards Committee meetings for the City of
Burlington.
8.4
The
Committee shall give Notice or direct that Notice be given to all interested
parties.
PART 9
CERTIFICATE OF
COMPLIANCE
9.1
Every
owner may make an application to the Officer for a certificate of compliance by
submitting a written request to the Officer.
9.2
Following
an inspection confirming the standards established in the by-law have been met,
the owner shall pay the applicable fee as outlined in Schedule “A”.
PART 10
PENALTY FOR NON-COMPLIANCE
10.1
Every person who uses or occupies, or permits
the use or occupancy of any property that does not conform to the Standards or
Provisions set out in the by-law is guilty of an offence and on conviction is
liable to a fine of not more than $25,000.00 for the first offence and to a
fine of not more than $50,000.00 for a subsequent offence.
10.2
A Corporation who uses or occupies, or permits
the use or occupancy of any property that does not conform to the Standards or
Provisions set out in this by-law is guilty of an offence, and on conviction is
liable to the maximum penalty of $50,000.00 for a first offence and $100,000.00
for a subsequent offence.
10.3
For the purpose of subsections 10.1 and 10.2,
an offence is a subsequent offence if there has been a previous conviction
under this By-law.
10.4
Every person who fails to comply with an order
made by an Officer under subsection 10.1 is guilty of an offence and on
conviction, in addition to the penalties mentioned in subsections 10.1 and 10.2
is liable to a fine of not more than $10,000.00 per day for every day the
offence continues after the time given for complying with the order has
expired.
10.5
If a conviction is entered, in addition to any
other remedy and to any penalty imposed by this by-law, the court in which the
conviction is entered, and any court of competent jurisdiction thereafter, may
make an order prohibiting the continuation or repetition of the offence by the
person convicted on the same property
PART 11
VALIDITY
If a court of competent
jurisdiction declares any provision, or any part of a provision, of this by-law
to be invalid, or to be of no force and effect, it is the intention of the
Council in enacting this by-law, that each and every other provision of this by-law
authorized by law, be applied and enforced in accordance with its terms to the
extent possible according to law.
PART 12
TRANSITIONAL RULES
After the date of passing of this
by-law, By-law 73-1999, as amended, applies only to properties in respect of
which an Order has been issued prior to the date of passing of this by-law,
and then only to such properties until such time as the work required by such
Order has been completed or any enforcement proceedings in respect of such
Order, including demolition and repair by the City, have been concluded.
PART 13
REPEAL
By-law numbers 73-1999, 110-1999, 110-2006 and 119-2007 are hereby repealed.
PART 14
EFFECTIVE DATE
This by-law comes into effect on April
14, 2009.
ENACTED
and PASSED this 14th day of April, 2009
MAYOR:
_________________________________
CITY CLERK:
_____________________________
SCHEDULE “A”
|
CERTIFICATE OF COMPLIANCE |
FEE |
|
For each rental unit which has had a Property
Standard Notice or Order |
$120.00 |
|
For each rental unit which has not had a Property
Standard Notice or Order |
$60.00 |
|
For each rental unit which has had an Order and
charges have been laid |
$250.00 |
|
For interior common area(s)
which have had a Property Standards Notice or Order |
$120.00 |
|
For interior common area(s)
which have not had an Order |
$60.00 |
|
For interior common area(s)
which have had an Order and charges have been laid |
$250.00 |
|
For accessory building(s) or
other structure(s) which have had a Property Standards Notice or Order |
$120.00 |
|
For accessory building(s) or
other structure(s) which have not had an Order |
$60.00 |
|
For accessory building(s) or
other structure(s) which have had an Order and charges have been laid |
$250.00 |
SCHEDULE “B”
|
PROPERTY
STANADRDS APPEAL |
FEE |
|
Fee
to appeal Property Standards order |
$340.00 |