Public Information Centre Property Standards By-law Review & Amendments New Clean Yards By-law

Public Information Centre Agenda Introductions Presentation from staff Questions & Input opportunity Informal opportunities by contacting us: Email: long@newmarket.ca Phone: Legislative Services Department: 905-895-5193 ext. 2222 In Person: Legislative Services Department, 395 Mulock Drive

PROPERTY STANDARDS BY-LAW REVIEW & AMENDMENTS

Background Information Council adopted the current Property Standards By-law on March 22, 1999. This by-law prescribes minimal standards for maintenance and occupancy of all properties. Property Standards By-law deals with both interior and exterior conditions. Interior inspection are on complaint or invitation of occupant

Authorities From Ontario Building Code The authority for Property Standards By-law comes from Section 15.1 of the Ontario Building Code Act ( OBC) Section 15.2 (1)allows for an Officer to attend property without a warrant to determine whether: The property conforms with the standards prescribed in the by-law. An order made under subsection 15.2 (2) of the OBC has been complied with.

Scope of By-law Amendments Definitions Updated Sections Yard Maintenance Vacant Property Certificate of Compliance Enforcement New Sections Mould Heritage Buildings

Definitions Updated current definitions including: Certificate of compliance Fire Code Sign Heritage Attributes, Heritage Property, Heritage Conservation District, Heritage Conservation District Plan and Heritage Permit

Yard Maintenance Over the years the Town has received concerns with the following : Vehicles storing garbage, rubbish, inoperative equipment Vehicles parking other than a driveway Attraction of animals from food being left out Hedges that cause a safety concern Constructions bins Furniture that is not manufactured for exterior use

Vacant Properties Increased concerns with vacant properties and community impacts resulting from the esthetics of boarded up buildings has resulted in an additional section which ensures that all buildings are boarded up to the satisfaction of the Property Standards Officer by covering all openings to the building and painted a colour compatible with the surrounding walls. Complies with security of building concerns but also provides requirements for esthetics conformity with existing exterior building

Certificate of Compliance Fees For each property which has had a Property Standard Order $120.00 For each property which has not had a Property Standard Order $60.00 For each property which has had an Order and charges have been laid $250.00 For interior common area(s) which have had a Property Standards Order For interior common area(s) which have not had an Order For interior common area(s) which have had an Order and charges have been laid For accessory building(s) or other structure(s) which have had a Property Standards Order For accessory building(s) or other structure(s) which have not had an Order For accessory building(s) or other structure(s) which have had an Order and charges have been laid

Enforcement Updated the enforcement section to reflect the legislation dealing with: Orders Appeals Failure to Comply with Order Power of Entry Service Penalties

Mould Over the years the Regional Health Department has asked residents to contact the Town with respect to mould complaints. Section has been added the By-law to address this concern.

Heritage Section Amendments to the Ontario Heritage Act permits municipalities with a Property Standards By-law to prescribe minimum standards for maintenance of heritage attributes of properties that have been designated under Part IV and Part V of the Heritage Act. Newmarket Heritage Committee recommended: that a by-law to prevent demolition of heritage properties by neglect be considered for the Town of Newmarket

Ontario Heritage Act If a municipality has a Property Standards By-law (passed under the Building Code Act) it can: Prescribe minimum standards for the maintenance of the heritage attributes of designated properties Require non-complying property to be repaired and maintained to conform to the standards. Enforcement provisions of the Building Code Act would apply.

Ontario Heritage Act Offences Section 69 of the Heritage Act Contravention of the Act- upon conviction liable to a fine not more than $50,000 and / or imprisonment for up to 1 year & Corporations $250,000 Demolition $1,000,000 Recovery of restoration costs – in addition to any court penalty, the property may be restored to as near as possible

CLEAN YARDS BY-LAW

Scope of the By-law Definitions Property Maintenance Derelict Vehicles Composting Firewood Graffiti Standing Water Boulevard Maintenance

Clean Yards By-law A tool to deal with increasing vacant or unoccupied properties. The purpose of this by-law is to create a stand alone by-law to address the maintenance of land in a clean condition and non-structural related issues on properties. It will work in conjunction with the Property Standards By-law. Clean Yards By-law will address issues that require immediate action due to health and safety concerns.

Clean Yards By-law Staff has also taken the opportunity to incorporate authorities found in the Municipal Act that will provide for more effective enforcement tools. Property owners who do not comply with orders may not only find themselves subject to charges and fines but also costs add to their taxes by the Town for work done to correct the contravention.

Clean Yards By-law Over the years staff have seen an increase in complaints regarding yard maintenance, specifically regarding long grass and weeds. The new by-law will allow for higher standards for the maintenance of property. Compliance times are shortened as the Property Standards By-law states a 3 week compliance date.

Next Steps Public/ Heritage Committee feedback to be received by October 20, 2017 Council Workshop October 30, 2017 Committee of the Whole November 6, 2017 Council November 17, 2017

Questions