Hamilton : Règlement no 23-162, art. 4(iii) — Property Standards By-law

be in large print (Arial 24 or Verdana 24 font, or more), in black type on a white background and in Uncontracted Braille (formally known as Grade 1 Braille) PESTS 25(1) A dwelling or a dwelling unit shall be kept free of infestation by pests. 25(2) The owner of a property located within the urban boundary of the City as defined in the Official Plan or Official Plans for the City shall keep the property free of infestation by pests. 25(3) For the purposes of subsections 25(1) and 25(2), an "infestation" includes the presence of one rat or mouse, and in the case of bed bugs, fleas, wasps, hornets, ants or cockroaches means the presence of more than one such insect, and in the case of wasps or hornets includes the presence of any occupied nest inside or attached to the exterior of a building, structure or other erection. OCCUPANCY STANDARDS 26(1) No room or space within a building shall be used for a purpose that is not compliant with the Building Code and applicable zoning by-laws. 26(2) A living room, dining room, kitchen, and bedroom shall have a minimum room height of not less than;

• (a) 1.9 m over the required floor area and in any location that would normally be used as a means of egress; or
• (b) 2 meters over at least 50% of the required floor area, provided that any part of the floor having a clear height of less than 1.4 m shall not be considered in computing the required floor area. 26(3) A bedroom for one person shall have a floor area of at least 5.6 m and a bedroom for two or more persons shall have a floor area of at least 3.3 m per person, calculated by the measurement of such bedroom from the inside faces of its walls, exclusive of the floor area of any closet or other storage space and subject to subsection 27(4) below. 26(4) A bedroom shall have a minimum width of 1.8 m. GENERAL STANDARDS FOR ALL DESIGNATED HERITAGE PROPERTIES 27(1) In addition to the standards, obligations and requirements that apply to all property under sections 4 through 26 both inclusive, all heritage attributes of Part IV heritage properties, including both interior and exterior heritage attributes, and all heritage attributes of Part V heritage properties shall be:
• (a) maintained so as to prevent deterioration; and
• (b) repaired of any damage. 27(2) Subject to any applicable provisions of the Ontario Heritage Act:
• (a) where subsection 27(1) can be complied with by means of repair, despite any other provision to the contrary, the heritage attribute shall not be replaced and the repair shall be undertaken in a manner that minimizes damage to the heritage attribute;
• (b) where subsection 27(1) cannot be complied with by means of repair,

despite any other provision to the contrary, the heritage attribute shall be replaced with material of the same type as the original material and in keeping with the design, colour, texture and any other distinctive feature as the original material or in such a manner as to replicate the design, colour, texture and any other distinctive feature of the original material. 27(3)

• (a) In addition to the standards, obligations and requirements that apply to all property under sections 4 through 26 both inclusive,

a part of a Part IV heritage property or a Part V heritage property, including but not limited to a roof, wall, floor, retaining wall or foundation, that supports or protects a heritage attribute and without which the heritage attribute may be at risk of deteriorating or being damaged shall be structurally sound and maintained so as to properly perform its intended function. 27(3)

• (b) Subsection 27(3)(a) shall be complied with in a manner that minimizes damage to the heritage attribute. VACANT AND/OR DAMAGED DESIGNATED HERITAGE PROPERTIES 28(1) In addition to complying with all other applicable provisions of this By-law,

the owner of building that is vacant or is damaged by accident, storm, fire, neglect or otherwise shall comply with this section. 28(2) Despite subsection 5(7), where a building on a Part IV heritage property or a Part V heritage property remains vacant for a period of more than ninety (90) days, 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 caused to the building by fluctuating temperatures and humidity. 28(3) Despite subsections 5(3) and 5(4), where a building on a Part IV heritage property or a Part V heritage property is vacant or damaged by accident, storm, fire, neglect or otherwise, the owner may be required to protect the building against the risks described in subsection 5(2) and shall effectively prevent the entrance of all unauthorized person by closing and securing openings to the building with boarding:

• (a) which 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) on the window openings, which is painted a matte black to resemble window glass;
• (c) on door openings, which is painted a colour that matches the colour of the original door;
• (d) on an opening other than a window or door opening, which is painted or otherwise treated so that the colour matches the colour of the surrounding exterior of the building; and
• (e) which is fastened securely with screws at least 50 mm in length and installed at appropriate intervals on centre. 28(4) Subject to any applicable provisions of the Ontario Heritage Act, the options available in 28(3) shall be considered progressively more secure with
• (e) being the most secure, and the minimum standard imposed by subsection 28(3) shall be considered not to include the use of a less secure option which has, more than once, failed to exclude unauthorized entry. 28(5) At any time where there are circumstances to support a more secure option, including an option beyond that is more secure than those listed in subsection 28(3), the owner shall supply such more secure option as may be required by a property standards order. 28(6) No window, door or other opening shall be closed or secured in accordance with subsection 28(3) with brick, concrete blocking or any other masonry units and mortar, except where required by a property standards order under subsection 28(4). PROPERTY STANDARDS ORDER 29(1) If, after inspection, an officer is satisfied that in some respect the property does not conform with the standards prescribed in this By-law, he or she may issue an order and such order shall be served on the owner of the property and may be served on such other persons affected by it as the officer determines and a copy of the order may be posted on the property. 29(2) The order referred to in subsection 29(1) shall:
• (a) state the municipal address or the legal description of the property;
• (b) give reasonable particulars of the repairs to be made or state that the property is to be cleared of all buildings, structures or debris and left in a graded and levelled condition, provided that no order in respect of a Part IV heritage property or a Part V heritage property shall state that any building or structure is to be altered or cleared, including but not limited to removed, demolished or relocated;
• (c) indicate the time for complying with the terms and conditions of the order and give 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;
• (d) indicate the final date for giving notice of appeal from the order; and
• (e) be served or caused to be served:
• (i) by personal service;
• (ii) electronic service; or
• (iii) by prepaid 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. 29(3) For the purposes of subsection 29(2)(e)(ii), "last known address" of the

owner includes but is not limited to the address provided to the City for the payment of property taxes for the property or the address for service on the title document for the property. APPEAL OF A PROPERTY STANDARDS ORDER 30(1) An owner or occupant who has been served with a property standards order and who is not satisfied with the terms or conditions of the order may appeal to the Committee by sending a notice of appeal, including grounds for the appeal and the applicable fee as set out in the User Fees and Charges By-law, by registered mail to the secretary of the Committee within fourteen (14) days after being served with the order. 30(2) A property standards order that is not appealed within the time referred to in subsection 30(1) is deemed to be confirmed. 30(3) If an appeal is taken, the Committee shall hear the appeal and shall have all the powers and functions of the officer who made the property standards 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 this By-law are maintained. 30(4)
• (a) For the purposes of this By-law, where any portion of a fence or retaining wall:
• (i) does not conform to the standards under this By-law; and
• (ii) is located touching or on the property line between adjoining properties at the adjacent finished ground level, that portion of the fence or retaining wall is deemed to be owned in equal shares by the owners of the adjoining properties.
• (b) Where available, the most recent survey obtained under subsection 32(5) in accordance with the Surveys Act showing a fence or retaining wall shall be deemed to be conclusive evidence of the location of the fence or retaining wall.
• (c) Despite subsections 30(4)(a) and (b), where provision is made for ownership of or responsibility for a fence or retaining wall that touches or is on the property line between adjoining properties under a City by-law other than this By-law or under any other City Council approved document, then that provision applies for the purposes of this By-law.
• (d) In this subsection, "for the purposes of this By-law" includes but is not limited to for the purposes of a hearing before and decision of the Committee under section 30 and for the purposes of a determination of the amount of a lien under subsection 31(8). 30(5) The City or an owner or occupant or person affected by a decision under subsection 30(3) may appeal to a Judge of the Superior Court of Justice, who has the same powers and functions as the Committee, by notifying the City Clerk in writing and by applying to the Superior Court of Justice for an appointment within fourteen (14) days after the sending of a copy of the decision. 30(6) A property standards order that is deemed to be confirmed or modified by the Committee or Judge, shall be final and binding upon the owner and occupant who shall carry out the repair or demolition within the time and in the manner specified in the order. COMPLIANCE 31(1) An owner or occupant of a property shall:
• (a) comply with all standards prescribed in this By-law;
• (b) comply with a property standards order or any other order made under this By- law;
• (c) ensure that compliance with this By-law is carried out in a manner that avoids conditions dangerous to the owner, occupants or visitors to the property or that adequate warning is given where such dangerous conditions are unavoidable. Offences and Fines 31(2) Every person who fails to comply with a final and binding order issued under this by-law is guilty of an offence, and on conviction is liable to the penalty or penalties as set out in the Building Code Act, 1992. Power of City to Repair or Demolish 31(3) No person shall hinder or obstruct an Officer or attempt to hinder or obstruct and Officer who is performing a duty under this By-law. 31(4) If the owner or occupant of a property fails to comply with a final and binding property standards order, the City may cause the property to be repaired or demolished in accordance with such order. 31(5) 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 31(4). 31(6) Despite subsection 31(4), 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 in accordance with the Ontario Heritage Act. 31(7)

Where the cost of doing the work necessary for compliance with the property standards order under subsection 31(4):

• (a) does not exceed $50,000.00, the Director is authorized to carry out the work;
• (b) does exceed $50,000.00, the Director shall seek authorization from City Council to carry out the work. 31(8) Upon completion of the work necessary for compliance with the property standards order under subsection 31(4), the City shall have a lien on the property for the amount spent on the repair or demolition and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 which, amongst other things, means the amount may be added to the tax roll for the property and collected in the same manner as property taxes. Certificate of Compliance 31(9) When, after an inspection, an officer is of an opinion that a property is in compliance with this By-law:
• (a) an owner of the property shall; or
• (b) any other person may, be issued a certificate of compliance upon submitting a completed application form and paying the applicable fee as set out in the User Fees and Charges By-law. Registration of Property Standards Order 31(10) A final and binding property standards order may be registered in the land registry office on title to the property to which it applies and, upon such registration, any person acquiring any interest in the property 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 section 29. 31(11)

Where an officer determines there is compliance under this By-law with a property standards order issued and registered on the title to a property, the Director on behalf of the City Clerk shall forthwith register in the land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of such order. 31(12) An owner or occupant may apply for a discharge of a property standards order issued and registered on title to a property by submitting a completed application form and paying the applicable fee as set out in the User Fees and Charges By-law and where, upon inspection of the property by an officer, compliance with the order is found, the discharge shall be registered by the Director on behalf of the City Clerk. ADMINISTRATION AND ENFORCEMENT Director and Officers 32(1) The Director is assigned the responsibility of administering and enforcing this By-law and the applicable provisions of the Building Code and may assign duties to such persons as necessary to carry out administration and enforcement of this By-law and the applicable provisions of the Building Code. 32(2) Persons appointed or assigned the responsibility of administering or enforcing this By- law and the applicable provisions of the Building Code are officers, and have the authority to carry out such responsibilities. Rights To Enter And To Inspect 32(3) An officer acting under this By-law may, at any reasonable time and upon producing proper identification, enter upon a property without a warrant for the purpose of inspecting the property to determine:

• (a) whether the property conforms with the standards prescribed in this By- law, or
• (b) whether a property standards order has been complied with. 32(4) Despite subsections 32(3), an officer shall not enter or remain in any room or place actually used as a dwelling unless:
• (a) the consent of the occupant is obtained, the occupant first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under the Building Code;
• (b) a warrant issued under the Building Code is obtained;
• (c) the delay necessary to obtain the consent of the occupant or a warrant would result in immediate danger to the health or safety of any person;
• (d) the entry is necessary to terminate a danger under subsection 15.7(3) of the Building Code; or
• (e) the entry is necessary to repair or demolish under subsection 31(4) and, within a reasonable time before entering the room or place to be repaired or demolished, the officer serves the occupant with notice of his or her intention to enter it. 32(5) For the purposes of an inspection under subsection 32(3), an officer may,
• (a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the property or any part thereof;
• (b) inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts;
• (c) require information from any person concerning a matter related to a property or part thereof;
• (d) be accompanied by a person who has special or expert knowledge in relation to a property or part thereof;
• (e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and
• (f) order the owner of the property to take and supply at the owner's expense such tests and samples as are specified in the order. 32(6) Any cost incurred by the City in exercising its authority to inspect under subsection 32(5) including but not limited to the cost of any examination, test, sample or photograph necessary for the purposes of the inspection, shall be paid by the owner or occupant of the property where the inspection takes place. 32(7) An employee or agent of the City may enter property at any reasonable time without a warrant for the purposes of causing the property to be repaired or demolished pursuant to section 31(4) in accordance with a final and binding property standards order. Property Standards Committee 32(8) A Committee to be known as the Property Standards Committee of the City of Hamilton is established. 32(9) The Committee shall consist of five (5) residents of, or property owners in the City, to be appointed by Council with a four (4) year term, or such shorter term as may be determined by Council. 32(10) Despite subsection 32(9), a member of the Committee shall hold office until his or her successor has been appointed. 32(11) Any vacancy on the Committee shall be filled forthwith. SEVERANCE AND CONFLICT 33(1) If a court of competent jurisdiction declares any provision or provisions of this By-law invalid, such provision or provisions are deemed to be severable and it is the intention of Council that the remainder of the By-law shall continue to be in force 33(2)

Where a provision of this By-law conflicts with the provision of another by- law, Act or regulation in force within the City, the provision that establishes the higher standard to protect the health and safety of persons prevails. ORDERS, PROCEEDINGS AND OTHER ACTIONS CONTINUED 34(1) Any order issued, proceeding being conducted or other action being carried out under By-law No. 10-221 shall be deemed to continue under this By-law, and any reference to By-law No. 10-221 in such order, proceeding or other action shall be deemed to refer to this By-law. REPEAL AND COMING INTO FORCE 35(1) By-law No. 10-221 is repealed as of the day on which this By-law comes into force. 35(2) This By-law comes into force on the date of its passing.