Hamilton : Règlement no 23-162, art. 2(1) — Property Standards By-law

In this By-law:

• “appliances” means, but is not limited to, a stove, refrigerator, clothes washer, clothes dryer, dishwasher, air conditioner or a hot water tank;
• "basement" means that portion of a building from a floor to the underside of a ceiling that is located partially or entirely below the adjacent finished ground level;
• "building" means any structure used or intended to be used for supporting or sheltering any use or occupancy;
• "Building Code" means the Building Code Act, 1992 and any regulations made under that Act;
• "City" means the municipality the City of Hamilton or the geographic area of the City of Hamilton as the context requires;
• “Commissioner” means the Commissioner of the Transportation and Works Department for the City or his/her designate;
• "Committee" means the Property Standards Committee established under this By- law;
• “Central Air Conditioning" is an appliance, and includes a permanently installed cooling system that delivers conditioned or cooled air to multiple rooms within a dwelling unit through a network of ducts, vents, or similar distribution methods; "debris" means the remains of anything broken or discarded; “Direct Lighting " means light emitted directly from the lamp of the reflector or luminaire onto the ground, or into or onto a building or structure; "Director" means the City's Director of Licensing and By-law Services and their designate or successor; "domesticated mouse or rat" means a mouse or rat:
• (a) kept as a pet by an occupant of a dwelling or dwelling unit, normally in an enclosed cage or container within the dwelling or dwelling unit;
• (b) cared for and fed by the occupant, which care includes clean up and removal of mouse or rat waste and soiled rodent bedding from the dwelling or dwelling unit and cage or container; and
• (c) kept in compliance with any applicable animal-control laws or bylaws; "dwelling", except in subsection 32(4) where it has the ordinary meaning given to the term, means a lodging house or residential care facility both as defined in the City's zoning by-laws; "dwelling unit" means a room or a suite of rooms used or intended to be used by one or more persons for the purposes of human habitation and to which an independent entrance is provided from outside the building or from a common interior hallway vestibule or stairway but does not include a room or a suite of rooms in a lodging house, long- term care facility, hospital, hotel or residential care facility all as defined in the City's zoning by-laws; "farm" means an agricultural operation as defined in the Farming and Food Production Protection Act, 1998 and includes such an operation that is not carried on with the expectation of gain but otherwise meets the definition in that Act; “glare " means light emitting from a luminaire with intensity great enough to reduce a viewer's ability to see, or to produce sensation of discomfort; "guard" means a protective barrier, with or without openings through it, that is around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to· prevent accidental falls from one level to another; "habitable room" means a bedroom, living room, dining room, kitchen, family room, recreation room, basement, bath or shower room, toilet room, laundry room and any other room or space in a dwelling or dwelling unit used for living, eating or sleeping; "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:
• (a) in a by-law designating a property passed under section 29, Part IV of the Ontario Heritage Act and identified as a heritage attribute, reason for designation or otherwise;
• (b) in a Minister's order made under section 34.5, Part IV of the Ontario Heritage Act and identified as a heritage attribute or otherwise;
• (c) 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 or otherwise;
• (d) 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 or otherwise; “Indirect Lighting " means light that has been reflected or has scattered off other surfaces; “Light Trespass " means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located; “Luminaire " means a complete lighting system, including a lamp or lamps enclosed in a housing complete with reflectors, refractors, etc.; "Medical Officer of Health" means the City's Medical Officer of Health or their designate; “Non-Central Air Conditioning” is an appliance, and includes any cooling appliance that is not Central Air Conditioning, including, but not limited to, window units, portable units, through-the-wall units, and ductless mini-split systems; “Nuisance ” means anything that is injurious to health, indecent, offensive to any of the Senses, or results in the loss of enjoyment of normal use of property; "occupant" means any person or persons over the age of 18 years in possession of a property; "occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property; "officer" means a person appointed by the City of Hamilton or assigned by the Director to enforce this By-law and may include a Public Health Inspector or any other person assigned or appointed by the Medical Officer of Health to enforce that section; "owner" includes:
• (a) the person registered on title to the real property as the owner in fee simple;
• (b) the person for the time being, managing or receiving the rent of the property 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 property were let;
• (c) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; "Part IV heritage property" means real property, including all buildings and structures thereon, which has been designated by the City of Hamilton or any of its former municipalities under section 29 of the Ontario Heritage Act, or which has been designated by the Minister under section 34.5 of the Ontario Heritage Act; "Part V heritage property" means real property, including all buildings and structures thereon, located within a heritage conservation district, which has been designated by the City of Hamilton or any of its former municipalities under section 41 of the Ontario Heritage Act; “person ” includes an individual, sole proprietorship, partnership, limited partnership, trust, party or body corporate, and the personal or other legal representatives of a person to whom the context can apply according to the law; "pest" means any mouse, rat, bed bug, flea, wasp, hornet, ant or cockroach, but does not include any domesticated mouse or rat; "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, mobile buildings, mobile homes, outbuildings, fences, retaining walls, and erections thereon, whether heretofore or hereafter erected, and also includes vacant property, a Part IV heritage property and a Part V heritage property; "property standards order" means an order made under subsection 29(1) of this By- law; "protective device" means any mechanical device designed for the purpose of inhibiting movement by latching or automatic engagement or in any other reasonable manner; "repair" includes the provision of such facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standards established in this By-law; "retaining wall" means a wall that holds back soil or loose material to prevent it from assuming the natural angle of repose at locations where

a change in ground elevation occurs; "sanitary sewage" means liquid or water borne waste:

• (a) of industrial or commercial origin; or
• (b) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub, culinary, sink and laundry waste; "Senses ” means a faculty by which the human body perceives an external stimulus and includes one or more of the faculties of sight, smell, hearing, taste and touch; "sewage system" means:
• (a) the City's system of storm sewers, sanitary sewers and combined sewers; or
• (b) a private sewage disposal system approved by the City's Chief Building Official or other responsible authority; “Special Event " includes festivals, carnivals, entertainment or advertising, which includes, but is not limited to that which may require City approval for specific event components, such as compliance with zoning regulations as well as related road access restrictions or congestion supervision; "storm water" means water that is discharged from a surface as a result of rainfall, snowmelt, snowfall or other precipitation; "visual barrier" means a barrier that acts as a screen consisting of:
• (a) a wall or fence;
• (b) a continuous planting of suitable and healthy trees or shrubs;
• (c) an earth berm; or
• (d) any combination of the above; "waste" means a substance or material that is unusable or unwanted; “water supply line ” means the supply line or lines located on private lands which connect the plumbing system of a building to the municipal water system but does not include a water meter owned by the City; and "yard" means the land within the boundary lines of a property and not occupied by any principal building.