Ajax By-law 46-2017, s. 2.1 — In this By -law
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In this By -law:
- a) "accessory building" means a detached building or structure, not used for human habitation, that is subordinate to the primary use of the same property;
- b) “appliance” means a stove, refrigerator, freezer, clothes washer, clothes dryer, dishwasher, portable air conditioning unit, or hot water tank;
- c) "approved" means approved by the Property Standards Officer;
- d) “debris” includes refuse, rubbish, garbage or material of any kind, including, but not limited to: inoperative mechanical equipment, automotive parts, mechanical parts, disused furniture, earth or rock fill, yard waste, old or decayed lumber, material from demolition projects, broken or damaged items, or anything that is no longer capable of performing its original function;
- e) “domestic storage” means the storage of usable material on residential property, including, but not limited to: firewood, new building material, and garden equipment, but does not include any item of debris or any inoperable vehicle;
- f) "dwelling" means a building or structure or part of a building or structure, occupied, or capable of being occupied, in whole or in part for the purpose of human habitation;
- g) “dwelling unit" means a room or suite of rooms operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons which contains at least cooking and sanitary facilities;
- h) “expense” means the cost of carrying out the work to be done by the Order, pursuant to section 7.6, including the cost of hiring the services of a security company and/or Police Services (if required), and an administration charge as outlined in the Town of Ajax Fee By-law;
- i) “front yard” means the portion of the yard as defined by the Town’s Zoning By-law;
- j) “good state of repair” is a descriptive term that means that an item is capable of performing its originally designed function and all associated parts, members and components are:
- i. present and in working order,
- ii. not missing, broken, or rusted,
- iii. structurally sound, level and plumb, and
- iv. free from deterioration and damage;
- k) “graffiti” means one or more letters, symbols, or marks, including but not limited to: gang symbols, howsoever made, that disfigure or deface a property or object, but does not include a sign, pursuant to the Town’s Sign By-law, or a mural;
- l) "ground cover" means organic or non-organic material applied to prevent erosion such as concrete, flagstone, gravel, asphalt, grass or other equivalent landscaping;
- m) "guard" means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another;
- n) "habitable room" means a room or area used or intended to be used for living, sleeping, cooking or eating purposes;
- o) “heritage attribute” means, in relation to a property, and to the buildings on the property, an attribute of the property, building or structure that contributes to its cultural heritage value or interest and that is defined, identified or described;
- i. in a By-law designating the property a Part IV heritage property as
a heritage attribute, reason for designation or otherwise;
- ii. in a Minister’s order made under section 34.5 Part IV of the Ontario Heritage Act as a heritage attribute or otherwise;
- iii. in a By-law designating a heritage conservation district passed under section 41, Part V of the Ontario Heritage Act as a heritage attribute 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 as heritage attributes or otherwise.
- p) “heritage permit” means an authorization or permit issued by the Municipality as per Section 33(1) or 42(1) of the Ontario Heritage Act that provides permission to alter or demolish a designated heritage property;
- q) “inoperable vehicle” means any vehicle, including a trailer, that appears by reason of its appearance, mechanical condition, or lack of valid licence plates, to be inoperative. A vehicle is an inoperable vehicle if it bears licence plates that are not registered as being attached to that vehicle and/or the licence plate registration is not current and up to date, in accordance with the records of the Ministry of Transportation; (Amended by By-law 63-2022)
- r) "Municipality" means The Corporation of The Town of Ajax;
- s) "occupant" means any person or persons over the age of eighteen years in possession of the property;
- t) “Ontario Heritage Act” means the Ontario Heritage Act, R.S.O. 1990, Chapter O.18
- u) "Order" means a Property Standards Order served pursuant to the Building Code Act and this By-law;
- v) "owner" includes:
- i. the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let; and,
- ii. a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for maintenance and occupancy of property;
- w) “Part IV heritage property” means property, including all buildings and structures thereon, which has been designated by the Town of Ajax under
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