PROPERTY STANDARDS BY-LAW

BEING A BY-LAW TO PRESCRIBE STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY

WHEREAS Section 15.1 of the Building Code Act, R.S.O. 1992, Chapter c.23, as amended, provides that:

"(2)       Where there is no official plan in effect in a municipality, the council of the municipality may, by by-law approved by the Minister, adopt a policy statement containing provisions relating to property conditions.

(3)        The council of the municipality may pass a by-law to do the following things if an official plan that includes provisions relating to property conditions is in effect in the municipality or if the council of the municipality has adopted a policy statement as mentioned in subsection (2);

1.         Prescribing standards for the maintenance and occupancy of property within the municipality or within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with the standards.

2.         Requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or the site to be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition.

(4)        The authority to pass a by-law under subsection (3) does not include the authority to pass a by-law that sets out requirements, standards or prohibitions that have the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a property, including the occupancy or use as a single housekeeping unit.

AND WHEREAS Section 6.13 of the Official Plan for the County of Bruce provides that:

"It is the policy of County Council to encourage each local municipality to pass by-laws establishing minimum standards of maintenance and occupancy to conserve, sustain and protect the existing and future development in the municipality.";

AND WHEREAS Section 7.5 of the Official plan of the former Town of Chesley provides that:

"In order to achieve conservation and rehabilitation of property throughout the municipality, the town may enact a by-law pursuant to Section 31 of the Planning Act, prescribing standards for the maintenance and occupancy of all types of properties.";

AND WHEREAS Section 7.4 of the Secondary Plan of the former Village of Paisley provides that:

"Council intends to pass a by-law pursuant to Section 43 of The Planning Act.  This by-law will establish standards for the maintenance and occupancy of property and will require that property that does not conform to the standards be repaired and maintained in conformity with the standards.  The by-law will apply to all of the Village of Paisley.";

AND WHEREAS Section 3.1 of the Secondary Plan of the former Village of Tara provides that:

"Consideration will be given to incorporating sign controls, landscaping controls, design standards, and minimum maintenance standards for all developments.";

AND WHEREAS it is deemed necessary, expedient and desirable for the protection of the safety, health and well-being of the residents to adopt standards for maintenance and occupancy of all properties in the Municipality;

NOW THEREFORE The Corporation of the Municipality of Arran-Elderslie hereby enacts as follows:

SECTION 1                                   TITLE, APPLICATION AND SCOPE

1.1        TITLE OF BY-LAW       

That this By-law is entitled the "Property Standards By-law".

1.2       APPLICATION

That the provisions of this by-law shall apply to all property in the Municipality of Arran-Elderslie.

1.3       SCOPE OF BY-LAW

a)         That the standards for maintenance and occupancy of property prescribed in this by-law apply to all property in the Municipality of Arran-Elderslie.

b)         That no person shall use, occupy or permit the use or occupancy of any property that does not conform to the standards established in this by-law.

c)         That the owner of any property which does not conform to the standards established in this by-law shall repair and maintain such property to conform to the standards or shall clear the site of all buildings, structures, debris or refuse and leave it in a graded and levelled condition.

d)         That no person shall remove from any premises any sign, notice or placard placed thereon pursuant to this by-law.