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

2. Public Information Centre Agenda
Introductions
Presentation from staff
Questions & Input opportunity
Informal opportunities by contacting us:
Phone: Legislative Services Department: ext. 2222
In Person: Legislative Services Department, 395 Mulock Drive

3. PROPERTY STANDARDS BY-LAW REVIEW & AMENDMENTS

4. 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

5. 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.

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

7. 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

8. 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

9. 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

10. 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

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

12. 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.

13. 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

14. 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.

15. 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

16. CLEAN YARDS BY-LAW

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

18. 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.

19. 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.

20. 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.

21. 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

22. Questions