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Home My WebLink AboutCSD-14-080 - Insect / Pests Control and Enforcement Staff Report I rTC'.�► t .R Community Services Department wmkitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: August 11, 2014 SUBMITTED BY: Mike Seiling, Director of Building/CBO, 519-741-2200 ext. 7669 Shayne Turner, Director of By-Law Enforcement, 519-741-2200 ext. 7753 PREPARED BY: Tim Benedict, Manager of Building, 519-741-2200 ext. 7645 WARD(S) INVOLVED: All Wards DATE OF REPORT: July 22, 2014 REPORT NO.: CSD-14-080 SUBJECT: Insect/Pests Control and Enforcement RECOMMENDATION: For Information BACKGROUND: During the Question & Answer period of the June 30th Council meeting a request was made for a report to be brought back regarding how the City manages insect/pest infestations and how this compares to the practices of other municipalities. This report is being submitted by two Divisions, By-Law Enforcement and Building, due to the fact the contents of the report extend into both Divisions. By-Law Enforcement has addressed Rats/Mice and Bed Bugs and Building has addressed Termites. REPORT: How does the City of Kitchener compare to other Municipalities? We surveyed Chief Building Officials and can provide the following information from the 11 municipalities polled (not all responded back); 2014 Pest Sulrvey (July 2014) Rats/Mice Termites Bed Bulgy Yes fro Yes I Yes rho Ili Does your mnumiiciip all iity mnaiintaiIn a By-III aw for any of the follllovviiirrg Co 4 0 4 y pests?. 2). Does the By-11 aw require owner�sy t.o spend money to proact.iivellly. treat/eradicate the Tissue? 3). Does your mnuniciip-all iity have a corporate programs forth ese pests? B t 3 (i..e..the Ginty of GiueIIlph's Termniite(Program) 4)i Does your mnuniciipalliity provide fundiiirrg,/grants forthe cost of treatment? 5). Does your mnuniciip-all iity provide a zero Interest loan fort he cost of treatment? Bed Bugs: The City's Property Standards By-law (Chapter 665) contains provisions relating to "injurious insects", which means insects that may do harm to a person or property. Bed bugs are considered injurious as they are known to bite humans and can cause skin irritations that can lead to infections. The By-law Enforcement Division advises that their office receives complaints relating to bed bugs in rental residential situations periodically throughout the year. Enforcement action typically involves the issuance of a warning letter or property standards order to the property owner requiring them to take the necessary steps to eradicate the infestation. Staff recognizes that the eradication process can take some time and effort, however generally speaking, the situations do get resolved without having to initiate legal action pursuant to the By-law. Staff also advises our City's enforcement process is quite similar to many municipalities across the province. Rats/Mice: The City's Property Standards By-law (Chapter 665) also contains provisions relating to rodents. Enforcement action can and has been taken when responding to complaints relating to infestations found within buildings or, on occasion, where an infestation has been identified and verified on a property. Similar to bed bugs, staff report that these situations generally get resolved without having to initiate legal action pursuant to the By-law. From time to time, staff report that they have received inquiries regarding sightings of rodents in the outside environment, without a clearly identified location of nesting or infestation. In these situations, staff are not able to initiate enforcement action, however whenever possible, they will provide information to the caller with regard to how they might be able prevent or discourage rodent activity on their own property. It is staff's understanding that our City's approach to rodents is similar to many municipalities across the province. Termites and Wood Destroying Insects: The City's Property Maintenance By-law (Chapter 689) Termite — Wood-Destroying Inspects — Control was brought before council and approved in July 1989 with a minor revision in 1991changing maximum penalty allowed for those contravening the by-law from $2000 to $5000 dollars. Many of these types of by-laws were created by municipalities all over Ontario to access funding from the Provincial Government. The provincial funding for this program was discontinued many years ago. Our records do not indicate that any funding was ever provided in the City of Kitchener under this by- law. The by-law speaks to Inspection Authority, Control and Prevention, Order Procedures, Financial Assistance and Enforcement. Currently the City of Kitchener Chief Building Official is responsible for the enforcement of this by-law and addresses concerns on a complaint basis. Reports of termites would be addressed by an exterior inspection of the properties identified to confirm the presence of termites. Should termites be confirmed a notice would be sent to the owner of the property advising the presence of termites and requiring the owner to have an inspection performed by a pest or termite exterminator licensed and approved by the Province of Ontario. This report would address the extent of the termite infestation and recommendations on treatment. With this information the Building Division would be in a position to require treatment (by means of Orders if necessary) of the structure to render the structure resistant to termites or other wood-destroying insects. Owners have 30 days to comply with Orders issued, should the issue not be addressed fines can be requested upon a conviction under the Provincial Offences Act. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: These By-laws support the Community Priority of Quality of Life, as contained in the City's Strategic Plan. FINANCIAL IMPLICATIONS: None at this time. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Mark Hildebrand, Acting Deputy CAO, Community Services Department Attachments Property Standards By-law (Chapter 665) Property Maintenance By-law (Chapter 689) PROPERTY MAINTENANCE Chapter 665 PROPERTY STANDARDS FOR MAINTENANCE AND OCCUPANCY Article 1 INTERPRETATION 665.1.1 Citation-Property Standards By-law 665.1.2 Act-defined 665.1.3 Boarder-defined 665.1.4 Chief Official-defined 665.1.5 City-defined 665.1.6 Code-defined 665.1.7 Committee-defined 665.1.8 Council-defined 665.1.9 Dwelling-defined 665.1.10 Dwelling unit-defined 665.1.11 Exterior property area-defined 665.1.12 Fence-defined 665.1.13 Ground cover-defined 665.1.14 Habitable room-defined 665.1.15 Heritage attributes-defined 665.1.16 Heritage Planner-defined 665.1.17 Heritage property-defined 665.1.18 Non-habitable space-defined 665.1.19 Occupant-defined 665.1.20 Officer-defined KITCHENER 665.1 JUNE 2008 PROPERTY STANDARDS 665.1.21 Ontario Heritage Act-defined 665.1.22 Owner-defined 665.1.23 Person-defined 665.1.24 Property-defined 665.1.25 Property of very high cultural heritage value or interest-defined 665.1.26 Repair-defined 665.1.27 Roomer or lodger-defined 665.1.28 Safe condition-defined 665.1.29 Sign-defined 665.1.30 Snow disposal site-defined 665.1.31 Snow storage site-defined 665.1.32 Vacant heritage property-defined Article 2 STANDARDS-MAINTENANCE AND OCCUPANCY 665.2.1 Minimum-adopted Article 3 REPAIR-MAINTENANCE 665.3.1 Duty-of owner Article 4 ADMINISTRATION-ENFORCEMENT 665.4.1 Application of Chapter 665.4.2 Officers and Inspectors 665.4.3 Inspectors-designated 665.4.4 Right of entry-property inspection 665.4.5 Right of entry-dwelling-consent required-exception 665.4.6 Inspection-non-conformity-order served JUNE 2008 665.2 KITCHENER PROPERTY STANDARDS 665.4.7 Order-served-conditions 665.4.8 Order-how served-to whom 665.4.9 Order-served-additional persons affected 665.4.10 Order-content 665.4.11 Order-registered against title 665.4.12 Compliance with order-certificate registered 665.4.13 Repairs-acceptable-good workmanship Article 5 PROPERTY STANDARDS COMMITTEE 665.5.1 Established-composition 665.5.2 Chairman-appointment 665.5.3 Secretary-appointment 665.5.4 Quorum Article 6 APPEAL TO PROPERTY STANDARDS COMMITTEE 665.6.1 Appeal notice-by registered mail 665.6.2 Committee-powers on appeal Article 7 APPEAL TO DISTRICT JUDGE 665.7.1 Notice-to City Clerk 665.7.2 Appointment-of hearing-by judge 665.7.3 Appointment-service 665.7.4 Judge-powers on appeal Article 8 ORDER- STATUS 665.8.1 Final and binding KITCHENER 665.3 JUNE 2008 PROPERTY STANDARDS Article 9 POWER OF CORPORATION TO REPAIR OR DEMOLISH 665.9.1 Authority-no liability power Article 10 CERTIFICATE OF COMPLIANCE 665.10.1 Issue-fee payable Article 11 SIGN-NOTICE-PLACARD 665.11.1 Removal-prohibited Article 12 EXTERIOR PROPERTY AREAS 665.12.1 Safe condition-environment protected 665.12.2 Removal-required-specific items 665.12.3 Driveways-parking areas-paths-walkways 665.12.4 Lighting fixtures-supports 665.12.5 Ground cover-erosion control 665.12.6 Grass-trees-bushes-hedges-landscaping 665.12.7 Swimming pools-wading pools-hot tubs-ponds 665.12.8 Snow disposal-storage site-maintained Article 13 FENCES 665.13.1 Erection-maintenance-standards Article 14 SIGNS 665.14.1 Installation-maintenance-standards 665.14.2 Unused-not cared for-discarded JUNE 2008 665.4 KITCHENER PROPERTY STANDARDS Article 15 RETAINING WALLS 665.15.1 Maintenance-safe-structurally sound 665.15.2 Maintenance-standards Article 16 GANTRIES- TOWERS-MASTS -ANTENNAE 665.16.1 Maintenance-standards Article 17 STRUCTURAL CAPACITY 665.17.1 Building-to sustain-own weight 665.17.2 Safety factor-standards 665.17.3 Structurally sound condition-when deemed 665.17.4 Report-professional engineer-when required 665.17.5 Building-no substantial progress-time limit-remedy Article 18 UNSAFE CONDITIONS 665.18.1 Abatement-removal 665.18.2 Abatement-removal-statutory 665.18.3 Abatement-removal-standards 665.18.4 Lease-notice-to tenants-safety devices Article 19 FOUNDATIONS-WALLS - COLUMNS-BEAMS 665.19.1 Maintenance-safe-structurally sound 665.19.2 Maintenance-standards Article 20 DOORS-WINDOWS- SHUTTERS-HATCHWAYS 665.20.1 Maintenance-good working order-repair 665.20.2 Maintenance-standard KITCHENER 665.5 JUNE 2009 PROPERTY STANDARDS 665.20.3 Opening-ventilation-illumination-protection Article 21 STAIRS-FLOORS -LANDINGS-VERANDAHS PORCHES DECKS-LOADING DOCKS-BALCONIES 665.21.1 Maintenance-safe-structurally sound 665.21.2 Maintenance-standards 665.21.3 Vacant-unoccupied building-exemption-conditions Article 22 ROOFS-ROOF STRUCTURES 665.22.1 Maintenance-safe-structurally sound 665.22.2 Maintenance-standards Article 23 EXTERIOR SURFACES 665.23.1 Paint-weather-resistant material-required 665.23.2 Markings-stains-other defacements-removal 665.23.3 Damage-fire-other causes-repair-demolition 665.23.4 Repairs-standards 665.23.5 Vacant-unoccupied building-exception Article 24 INTERIOR SURFACES -FINISHES 665.24.1 Maintenance-standards Article 25 ELEVATORS-ELEVATING DEVICES 665.25.1 Maintenance-standards Article 26 VENTILATION SYSTEMS 665.26.1 Provision-maintenance-standards 665.26.2 Cleaning-maintenance-standards JUNE 2009 665.6 KITCHENER PROPERTY STANDARDS Article 27 HEATING AND MECHANICAL SYSTEMS 665.27.1 Provision-heat-standards 665.27.2 Space-not normally heated-exception 665.27.3 Hot water-adequate supply-required 665.27.4 Maintenance-standards Article 28 ELECTRICAL SYSTEMS 665.28.1 Connection-with electrical supply system 665.28.2 Connection-system-standards Article 29 DRAINAGE-PLUMBING SYSTEMS 665.29.1 Provision-maintenance-standards 665.29.2 Eavestrough-gutters-downpipes-standards 665.29.3 Downpipe-sump pump-grading-standards Article 30 REFUSE DISPOSAL 665.30.1 Design-installation-maintenance-standards 665.30.2 Containers-receptacles-external-screened-covered 665.30.3 Garbage chutes-rooms-containers-standards Article 31 RECREATIONAL FACILITIES 665.31.1 Installation-maintenance-safe-continuous use 665.31.2 Equipment-recreational-standards Article 32 RESIDENTIAL OCCUPANCY 665.32.1 Non-habitable space-use-prohibited 665.32.2 Boarders-roomers-lodgers-limitation KITCHENER 665.7 JUNE 2008 PROPERTY STANDARDS 665.32.3 Habitable room-low ceiling-excluded 665.32.4 Bedroom-width-area-minimum 665.32.5 Bedroom-ceiling height-minimum 665.32.6 Bathroom-three-piece-for each group 665.32.7 Dwelling-use-occupancy-standards 665.32.8 Insulation-standards Article 33 EGRESS 665.33.1 Continuous-unobstructed-from interior 665.33.2 Second-means of egress-where required 665.33.3 Second-means of egress-where not required 665.33.4 Enclosed-through another unit-prohibited Article 34 VACANT HERITAGE PROPERTY 665.34.1 Construction-requirements-consent required 665.34.2 Protection-repair-owner-occupant requirement 665.34.3 Other security measures-required 665.34.4 Exemption-to security measures 665.34.5 Exemption-removal-authority Article 35 PROPERTYSTANDARDS 665.35.1 Walls-remaining-structurally sound-weathertight 665.35.2 Site-cleared-cleaned-maintained Article 36 ENFORCEMENT 665.36.1 Contravention-offence 665.36.2 Fine-for contravention-owner 665.36.3 Fine-for contravention-corporation JUNE 2008 665.8 KITCHENER 665.1.1 PROPERTY STANDARDS 665.1.6 Article 37 SEVERABILITY 665.37.1 Severability WHEREAS the Official Plan enacted by the Council of the City of Kitchener includes provisions relating to conditions of maintenance and occupancy of property within the municipality. Article 1 INTERPRETATION 665.1.1 Citation-Property Standards By-law This Chapter may be cited as the"Property Standards By-law." 665.1.2 Act-defined "Act"means an enactment or statute of the Province of Ontario. 665.1.3 Boarder-defined "boarder"means a person who is provided with meals,or room and meals, regularly in a boarding house in return for compensation. 665.1.4 Chief Official-defined "Chief Official"means the Chief Building Official appointed under section 3 of the Building Code Act, 1992, c. 23 and having jurisdiction for the en- forcement thereof.By-law 87-321,23 November, 1987. 665.1.5 City-defined "City"shall mean The Corporation of the City of Kitchener unless the con- text requires otherwise. By-law 2008-124,23 June,2008. 665.1.6 Code-defined "Code"means a regulation of the Province of Ontario known, (a) with respect to matters relating to building, as the Building Code; (b) with respect to matters relating to electricity, as the Electrical Safety Code; (c) with respect to matters relating to fire,as the Fire Code;and (d) with respect to matters relating to plumbing, as the Plumbing Code. KITCHENER 665.9 JUNE 2008 665.1.7 PROPERTY STANDARDS 665.1.15 665.1.7 Committee-defined "Committee"means aProperty Standards Committee established under this Chapter.By-law 87-321,23 November, 1987. 665.1.8 Council- defined "Council" shall mean the Council of the City. By-law 2008-124, 23 June, 2008. 665.1.9 Dwelling-defined "dwelling"means abuilding or part thereof,used or designed to be used as a residence and containing one or more dwelling units. 665.1.10 Dwelling unit-defined "dwelling unit"means two or more rooms used or designed to be used by one or more individuals as an independent or self-contained domestic unit or housekeeping establishment. 665.1.11 Exterior property area-defined "exterior property area"means the building lot excluding buildings.By-law 87-321,23 November, 1987. 665.1.12 Fence-defined "fence"means any structure,wall or barrier,other than a building,erected at grade for the purpose of defining boundaries of property, separating open space,restricting ingress to or egress from property,providing security or protection to property or acting as a visual or acoustic screen. By-law 87-321,23 November, 1987;By-law 88-228,24 October, 1988. 665.1.13 Ground cover-defined "ground cover"means organic or non-organic material applied to prevent soil erosion such as concrete,flagstone,gravel,asphalt,grass or other land- scaping. 665.1.14 Habitable room-defined "habitable room"means any room in a dwelling unit used or designed to be used for the purpose of living, sleeping, eating, cooking or preparation of food. By-law 87-321,23 November, 1987. 665.1.15 Heritage attributes-defined "heritage attributes"shall include all features of a heritage property that are of significant cultural heritage value or interest as set out: (a) in the City of Kitchener's designating by-law or documentation supporting such by-law for property designated under Part IV of the Ontario Heritage Act; (b) in a Minister's order made pursuant to Part IV of the Ontario Heritage Act; JUNE 2008 665.10 KITCHENER 665.1.16 PROPERTY STANDARDS 665.1.21 (c) in the City of Kitchener's designating by-law or Heritage Con- servation District Study or Plan for property designated under Part V of the Ontario Heritage Act; or; (d) by Council upon consideration of the recommendation of a Heritage Planner and any comments that may be provided by the property owner,where the documents referred to in Section 665.1.15 (a), (b), and (c) do not specifically list the heritage property's features, attributes, or properties of significant cul- tural heritage value or interest. 665.1.16 Heritage Planner- defined "Heritage Planner"shall mean the Coordinator,Cultural Heritage Planning or a Heritage Planner of the City of Kitchener. 665.1.17 Heritage property-defined "heritage property"shall mean any property in the City of Kitchener that: (a) has been designated under section 29 or 34.5 of the Ontario Heritage Act;or (b) is a property of very high cultural heritage value or interest and is situated in a heritage conservation district designated under section 41 of the Ontario Heritage Act. By-law 2008-124,23 June,2008. 665.1.18 Non-habitable space-defined "non-habitable space"means abathroom,toilet room,water closet com- partment,laundry,pantry,foyer,lobby,hall,corridor,stairway,passage- way, closet, storage room,boiler room, furnace room, accessory space for service, maintenance or access within a building or a room or space which does not comply with the minimum standards for residential occu- pancy specified in this Chapter. 665.1.19 Occupant-defined "occupant"means any person or persons over the age of eighteen years in possession of the property. 665.1.20 Officer-defined "Officer"means a Property Standards Officer who has been assigned by the Council the responsibility of administering and enforcing this Chapter. By-law 87-321,23 November, 1987. 665.1.21 Ontario Heritage Act-defined "Ontario Heritage Act"shall mean the Ontario Heritage Act,R.S.0.1990,c. 0.18 as amended.By-law 2008-124,23 June,2008. KITCHENER 665.11 JUNE 2008 665.1.22 PROPERTY STANDARDS 665.1.27 665.1.22 Owner-defined "owner"includes the person,for the time being, managing or receiving the rent of the land or premises in connection with which the word is used whether on the person's own account or as an agent or trustee of any other person or who would so receive the rent if such land and premises were let, and shall also include 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 the property. 665.1.23 Person-defined "person"includes a person,firm,corporation, association or partnership. 665.1.24 Property- defined "property"means abuilding or structure or part of abuilding or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property. By-law 87-321, 23 November, 1987. 665.1.25 Property of very high cultural heritage value or interest-defined "property of very high cultural heritage value or interest"shall include: (a) heritage property referred to as a Group`A'building or structure in either a heritage conservation district study or plan;and (b) heritage property located within aheritage conservation district and determined by Council upon consideration of the recom- mendation of a Heritage Planner and any comments that maybe provided by the property owner to be:a particularly fine exam- ple of an architectural style, exhibiting unique qualities or de- tails that make it a landmark, of an age that contributes to its heritage value, associated with a significant known historic event or person,or contributing to the streetscape because it is part of an unusual sequence,grouping, or situated in a unique location. By-law 2008-124,23 June,2008. 665.1.26 Repair- defined "repair"includes the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the prop- erty shall conform to the standards established in this Chapter. 665.1.27 Roomer or lodger-defined "roomer or lodger"means a person who is provided with a room or lodging without meals in a rooming or lodging house in return for rent. JUNE 2008 665.12 KITCHENER 665.1.28 PROPERTY STANDARDS 665.3.1 665.1.28 Safe condition-defined "safe condition"means a condition that does not pose or constitute an undue or unreasonable hazard or risk to life, limb or health of any person on or about the property,and includes a structurally sound condition. 665.1.29 Sign-defined "sign"means any device or notice,including its structure and other compo- nentparts,which is used or capable of being used to identify,describe,illus- trate, advertise or direct attention to any person, business, service, commodity or use.By-law 87-321,23 November, 1987. 665.1.30 Snow disposal site- defined "snow disposal site"means only those lands on which snow is placed after being brought to the lot from another lot,and shall not include areas to which snow is moved to one portion of a lot after being cleared from the rest of the lot. 665.1.31 Snow storage site-defined "snow storage site"means that portion of lands being used for the storage of snow that has been moved to one portion of a lot after being cleared from an- other portion or portions of a lot. By-law 2002-241,9 December,2002. 665.1.32 Vacant heritage property-defined "vacant heritage property"shall include heritage property that is or appears to be vacant, partially vacant, or unoccupied for more than ninety days. By-law 2008-124,23 June,2008. Article 2 STANDARDS-MAINTENANCE AND OCCUPANCY 665.2.1 Minimum-adopted The standards for maintenance and occupancy of property set forth in Arti- cle 12 through Article 33,inclusive of this Chapter are hereby prescribed and adopted as the minimum standards for all property in the City. By-law 87-321,23 November, 1987;By-law 2008-124,23 June,2008. Article 3 REPAIR-MAINTENANCE 665.3.1 Duty-of owner All owners of property which is below the standards prescribed by this Chapter are required to repair and maintain such property to comply with the standards prescribed by this Chapter,except where a demolition permit,re- ferred to in Section 665.35.1,has been obtained and remains in effect. KITCHENER 665.13 JUNE 2008 665.4.1 PROPERTY STANDARDS 665.4.6 Article 4 ADMINISTRATION-ENFORCEMENT 665.4.1 Application of Chapter Where a provision of this Chapter conflicts with the provisions of another By-law or Chapter in force in the City, the provisions which establish the higher standards to protect the health,safety and welfare of the general pub- lic shall prevail. 665.4.2 Officers and Inspectors The Council shall, by by-law, appoint a Property Standards Officer who shall be responsible for administering and enforcing the provisions of this Chapter.By-law 87-321,23 November, 1987. 665.4.3 Inspectors-designated The persons from time-to-time holding the position of Chief Building Offi- cial, Deputy Chief Building Official, Fire Prevention Officer, Build- ing/Plumbing Inspector,Heritage Planner, Site Plan Co-ordinator and Site Plan Inspector in the City are hereby designated as Inspectors to assist the Property Standards Officer in the administration and enforcement of this Chapter.By-law 95-97, 19 June, 1995;By-law 2008-124,23 June,2008. 665.4.4 Right of entry-property inspection For the purpose of enforcing this Chapter,but subject to Section 665.4.5,the Officer,Inspector or any other person acting under the instructions of the Of- ficer may,at all reasonable times and upon producing proper identification, enter and inspect any property or premises to which this Chapter applies. By-law 87-321,23 November, 1987. 665.4.5 Right of entry-dwelling-consent required-exception An Officer,Inspector or any other person acting under the instructions of the Officer shall not enter any room or place actually used as a dwelling without the consent of the occupier unless: (a) a warrant issued under the Building Code Act, 1992 has been obtained; (b) there is an immediate danger to the health or safety of any per- son and entry is necessary to terminate such danger; or (c) there has not been compliance with a final and binding order and entry is necessary to repair or demolish. 665.4.6 Inspection-non-conformity- order served If, after inspection,the Officer is satisfied that, in some respect,a property does not conform to the standards prescribed herein,the Officer shall serve or cause to be served,subject to Section 665.4.8 and Section 665.4.9 below, an Order in such manner and upon such persons as stated herein. JUNE 2008 665.14 KITCHENER 665.4.7 PROPERTY STANDARDS 665.4.11 665.4.7 Order-served-conditions No Order shall be served or caused to be served unless the prudent property owner,having full and proper knowledge of the building trades,would con- sider the property to be below a standard prescribed herein to the degree suf- ficient to make repair advisable. 665.4.8 Order-how served-to whom The Order shall be served upon the owner and any mortgagee shown by the records of the proper land registry office: (a) personally; (b) by prepaid registered mail to the last known address of the owner deemed to have been received five days after mailing; (c) by posting it on the property;or (d) otherwise as may come to the attention of the owner and any mortgagee. 665.4.9 Order-served-additional persons affected The Order may be served in accordance with Sections 665.4.8(a)through 665.4.8(d),inclusive,upon any person,in addition to the owner,who is af- fected by it. 665.4.10 Order-content An Order issued under Section 665.4.6 shall state as follows: (a) the municipal address or the legal description of the subject property; (b) reasonable particulars of the repairs to be effected or a statement requiring the site to be cleared of all buildings,structures,debris or refuse and left in a graded and levelled condition; (c) a reasonable period in which there must be compliance with the terms and conditions of the Order and note that,if such repair or clearance is not so done within the time specified in the Order, the City may carry out the repair or clearance at the expense of the owner;and (d) the final date for giving notice of appeal from the Order. 665.4.11 Order-registered against title An Order issued under Section 665.4.6 may be registered in the proper land registry office against the title of the subject property and,upon such regis- tration,any person acquiring any interest in the lands subsequent to the reg- istration of the Order shall be deemed to have been served with the Order on the day on which the Order was served under Section 665.4.8. KITCHENER 665.15 JUNE 2008 665.4.12 PROPERTY STANDARDS 665.6.1 665.4.12 Compliance with order- certificate registered When the requirements of an Order which has been registered on title have been satisfied,the City Clerk shall forthwith register in the proper land regis- try office a certificate indicating that such requirements have been satisfied which shall operate as a discharge thereof. 665.4.13 Repairs- acceptable- good workmanship All repairs to any property shall be made in a manner that is accepted as good workmanship in the respective building trades concerned and with materials that are suitable and sufficient for the purpose. By-law 98-176, 16 November, 1998. Article 5 PROPERTY STANDARDS COMMITTEE 665.5.1 Established-composition There shall be and is hereby established,aProperty Standards Committee of at least three persons who either reside,work or own property in the City to be appointed by Council every two years.By-law 2004-263, 13 December, 2004. 665.5.2 Chairman- appointment The Committee shall appoint one of their number as Chairman and,when the Chairman is absent through illness or otherwise,the Committee may appoint another member to act as Chairman pro-teinpore. 665.5.3 Secretary-appointment The Committee shall appoint a Secretary for the Committee who shall keep on file minutes and records of all applications and decisions thereon. 665.5.4 Quorum A majority of the Committee constitutes a quorum and the Committee may adopt its own rules of procedure but,before hearing an appeal under Section 665.6.2, shall give notice or direct that notice be given of such hearing to such persons as the Committee considers should receive such notice. Article 6 APPEAL TO PROPERTY STANDARDS COMMITTEE 665.6.1 Appeal notice-by registered mail When an owner or occupant upon whom an Order of the Officer has been served is not satisfied with the terms or conditions of the Order,the owner or occupant may appeal to the Committee by sending notice of appeal by regis- tered mail to the Secretary of the Committee within fourteen days after ser- vice of the Order and,if no appeal is taken,the Order shall be deemed to have been confirmed. JUNE 2008 665.16 KITCHENER 665.6.2 PROPERTY STANDARDS 665.8.1 665.6.2 Committee-powers on appeal Where an appeal has been taken,the Committee shall hear the appeal and shall have all the powers and functions of the Officer and may confirm the Order to demolish or repair or may modify or quash it or may extend the time for complying with the Order provided that,in the opinion of the Committee, the general intent and purpose of this Chapter and of the Official Plan are maintained. By-law 87-321,23 November, 1987. Article 7 APPEAL TO DISTRICT JUDGE 665.7.1 Notice-to City Clerk The City or an owner or occupant or person affected by adecisionunder Sec- tion 665.6.2 may appeal to a judge of Ontario Court(General Division)by notifying the City Clerk in writing and applying to the Ontario Court(Gen- eral Division)for an appointment within fourteen days after the sending of a copy of the decision.By-law 98-176, 16 November, 1998. 665.7.2 Appointment-of hearing-by judge The judge shall,in writing,appoint a day,time and place for the hearing of the appeal and in the appointment may direct that it shall be served upon such persons and in such manner as the judge prescribes. 665.7.3 Appointment-service The appointment shall be served in the manner prescribed. 665.7.4 Judge-powers on appeal The judge,on such appeal,has the same power and functions as the Commit- tee. Article 8 ORDER- STATUS 665.8.1 Final and binding The order,as deemed to have been confirmed pursuant to Section 665.6.1 or as confirmed or modified by the Committee pursuant to Section 665.6.2 or, in the event of an appeal to the judge pursuant to Section 665.7.1, as con- firmed or modified by the judge,shall be final and binding upon the owner and occupant who shall make the repair or effect the demolition within the time and in the manner specified in the Order. By-law 87-321, 23 November, 1987. KITCHENER 665.17 JUNE 2008 665.9.1 PROPERTY STANDARDS 665.11.1 Article 9 POWER OF CORPORATION TO REPAIR OR DEMOLISH 665.9.1 Authority-no liability power If the owner or occupant of any property fails to demolish the property or to repair in accordance with an Order as confirmed or modified,the City,in ad- dition to all other remedies,shall: (a) have the right to demolish or repair the property accordingly and for this purpose with its servants and agents from time-to-time to enter in and upon the property; (b) not be liable to compensate such owner,occupant or any other person having an interest in the property by reason of anything done by or on behalf of the City under the provisions of this Section;and (c) have a lien on the property for any amount expended by or on behalf of the City under the authority of this Section and such amount shall be deemed to be municipal real property taxes and may be added by the City Clerk to the collector's roll and col- lected in the same manner and with the same priorities as mu- nicipal real property taxes. By-law 87-321, 23 November, 1987;By-law 98-176, 16 November, 1998. Article 10 CERTIFICATE OF COMPLIANCE 665.10.1 Issue-fee payable Where an inspection of a property has taken place following a complaint,the Officer may,or on the request of an owner shall,issue to the owner a Certifi- cate of Compliance if,the Officer is satisfied the matter complained of has been remedied in order to comply with the standards of this Chapter, and where it is issued at the request of the owner,the fee payable therefor by the owner to the City shall be in an amount as prescribed by Council from time to time. Article 11 SIGN-NOTICE-PLACARD 665.11.1 Removal-prohibited Where any sign,notice or placard has been placed on any premises pursuant to this Chapter,no person shall remove such sign,notice or placard from the premises without the authority of the Officer. JUNE 2008 665.18 KITCHENER 665.12.1 PROPERTY STANDARDS 665.12.5 Article 12 EXTERIOR PROPERTY AREAS 665.12.1 Safe condition-environment protected Exterior property areas shall be maintained in a safe condition and so as not to detract from the neighbouring environment. 665.12.2 Removal-required-specific items Without restricting the generality of Section 665.12.1,such maintenance in- cludes the removal of. (a) rubbish,garbage,waste,litter and debris; (b) injurious insects,termites,rodents,vermin and other pests; (c) trees, bushes and hedges, including any branches or limbs thereof,which are dead,decayed or damaged,and brush; (d) noxious weeds pursuant to the Weed Control Act and any exces- sive growth of other weeds,grass and bushes; (e) wrecked,dismantled,inoperative,discarded or unlicensed ve- hicles,trailers,machinery or parts thereof, except in an estab- lishment licensed or authorized to conduct a salvage,wrecking or repair business and then only if such establishment conforms with any relevant by-laws,Chapters or statutes;and (f) dilapidated or collapsed buildings, structures or erections,and the filling in or protecting of any unprotected well. 665.12.3 Driveways-parking areas-paths-walkways Driveways,parking areas,paths and walkways shall be installed and main- tained in a safe condition with non-organic ground cover. 665.12.4 Lighting fixtures-supports Lighting fixtures and their supports shall be installed and maintained in a safe and structurally sound condition and in working order and good repair. 665.12.5 Ground cover-erosion control Suitable ground cover shall be provided and maintained to prevent erosion of the soil and so as to be in harmony with the neighbouring environment. Where grass forms part of the ground cover,it shall be resodded or reseeded as often as is required to maintain the grass in a living condition.In no event shall resodding or reseeding be required more than once in any givenyear. KITCHENER 665.19 JUNE 2008 665.12.6 PROPERTY STANDARDS 665.12.8 665.12.6 Grass-trees-bushes-hedges-landscaping Grass, trees, bushes, hedges and other landscaping, non-organic ground cover and site facilities,required as a condition of development or redevel- opment of the site shall be provided and maintained in living condition or in a good state of repair.The Officer may accept alternatives provided the in- tent of the original conditions of approval are maintained. By-law 87-321, 23 November, 1987. 665.12.7 Swimming pools-wading pools-hot tubs-ponds (a) All swimming pools, hot tubs, wading pools and artificial ponds,including all accessories or appurtenances thereto: (i) shall be maintained in good repair,free from leaks and safe from health and safety hazards; and (ii) shall be kept free of water that is malodorous or that provides a breeding place for mosquitoes, includ- ing that which may accumulate on or below a pool cover. (b) All swimming pools, hot tubs, wading pools and artificial ponds, including all accessories or appurtenances thereto that are abandoned, derelict or otherwise unused, shall be drained and removed or filled in and the property left in a graded and levelled condition. (c) For the purposes of Section 665.12.7.(b),"abandoned,derelict or otherwise unused" shall include but not be limited to any swimming pool, hot tub, or wading pool that has not been opened and treated with appropriate chemicals and operated with a functional water filtration system for a period exceeding two years. By-law 2006-101, 8 May,2006. 665.12.8 Snow disposal-storage site- maintained A property owner shall cause any snow disposal site or a snow storage site on that property to be: (a) maintained so as not to cause a safety hazard on the property; and (b) maintained in such a manner and location on a property so as to prevent a safety concern,flooding,erosion and other nuisance to neighbouring private or public lands. By-law 2002-241, 9 December,2002. JUNE 2008 665.20 KITCHENER 665.13.1 PROPERTY STANDARDS 665.15.1 Article 13 FENCES 665.13.1 Erection-maintenance-standards A fence on aproperty or separating adjoining properties shall be erected and maintained: (a) in compliance with the requirements of the City's Fence By-law [Kitchener Municipal Code, Chapter 630]; (b) in good repair; (c) in a safe and structurally sound condition; (d) reasonably plumb,unless specifically designed to be other than vertical;and (e) unless inherently resistant to deterioration, with a protective coating of paint or equivalent weather-resistant material. Article 14 SIGNS 665.14.1 Installation-maintenance- standards A sign and any structure therefor shall be installed and maintained: (a) in conformance with the requirements of the City's Sign By-law[Kitchener Municipal Code, Chapter 680]. (b) in good repair and without any visible deterioration when viewed from any property other than the property on which the sign is situated; (c) in a safe and structurally sound condition;and (d) in a reasonably vertical plan unless otherwise approved by the City. 665.14.2 Unused-not cared for-discarded A sign that is unused,not cared for or discarded shall be removed from the property or shall be stored within a building. Article 15 RETAINING WALLS 665.15.1 Maintenance-safe- structurally sound A retaining wall shall be maintained in good repair and in a safe and structur- ally sound condition. KITCHENER 665.21 JUNE 2008 665.15.2 PROPERTY STANDARDS 665.17.2 665.15.2 Maintenance- standards Without restricting the generality of Section 665.15.1,such maintenance in- cludes: (a) redesigning, repairing or replacing of all deteriorated, dam- aged,misaligned or missing portions of the wall and any rail- ings or guards appurtenant thereto; (b) installing subsoil drains where required to maintain the stability of the wall; (c) grouting masonry cracks;and (d) applying to all exposed metal or wooden components, unless inherently resistant to deterioration, a protective coating of paint or equivalent weather-resistant material. Article 16 GANTRIES- TOWERS-MASTS -ANTENNAE 665.16.1 Maintenance- standards Gantries,towers,masts,antennae and structures of similar character shall be maintained: (a) reasonably plumb,unless specifically designed to be other than vertical; (b) in good repair; (c) in a safe and structurally sound condition;and (d) in a relatively rust-free condition. Article 17 STRUCTURAL CAPACITY 665.17.1 Building-to sustain-own weight A building,or any part thereof,shall be capable of sustaining its own weight together with the loads that may be applied thereto by reason of its use and occupancy,natural causes such as snow and wind and all other causes set out in the Building Code. 665.17.2 Safety factor-standards The factor of safety specified in the Building Code is the minimum standard which is to be met without exceeding soil capacity and the maximum differ- ential or other settlement specified in the Building Code. JUNE 2008 665.22 KITCHENER 665.17.3 PROPERTY STANDARDS 665.18.2 665.17.3 Structurally sound condition-when deemed When a building or part thereof or any other structure meets the standard set out above,it shall be deemed to be in a structurally sound condition. 665.17.4 Report-professional engineer-when required If the Chief Official is not satisfied that the structural capacity of a building or any part thereof meets the minimum standard,he may require,to establish structural capacity,the submission of a report,prepared,sealed and signed by a professional engineer who is qualified in the field and licensed by the Association of Professional Engineers of Ontario. By-law 87-321, 23 November, 1987. 665.17.5 Building-no substantial progress-time limit-remedy Where,in the opinion of the City's Director of Enforcement or designate, there has been no substantial progress on the construction or demolition of a building,structure,or portion(s)thereof for a period of more than one year, such building,structure, or portion(s)thereof shall be: (a) removed in accordance with any relevant by-laws and legisla- tion; or (b) finished: (i) in a manner accepted as good workmanship in the respective building trades concerned; (ii) with materials suitable and sufficient for the pur- pose; (iii) in accordance with the intended use of the building or structure; and (iv) in compliance with any relevant by-laws and legis- lation. By-law 2009-101, 29 June, 2009; By-law 2009-142,2 November 2009. Article 18 UNSAFE CONDITIONS 665.18.1 Abatement-removal Unsafe conditions in abuilding or on aproperty shall be abated or removed. 665.18.2 Abatement-removal-statutory Where there is a condition in a building or on the property which is unsafe, the Building Code,the Fire Code and the City's Building By-law[Kitchener Municipal Code,Chapter 710]shall apply to the extent necessary to abate or remove the unsafe condition.By-law 87-321,23 November, 1987. KITCHENER 665.23 DECEMBER 2009 665.18.3 PROPERTY STANDARDS 665.18.3 665.18.3 Abatement-removal-standards Without limiting the generality of Section 665.18.2,abatement or removal of an unsafe condition may include: (a) the provision,maintenance or repair of: (i) fire and gas separations and fire protection; (ii) early warning, fire extinguishing and fire fighting equipment and devices; (iii) smoke control measures appropriate for the use and occupancy of the building, floor area, suite of rooms or space, and for the existing construction and building services; and (iv) exit and emergency lighting; (b) the proper handling, storage and discharge of flammable liq- uids,dangerous chemicals and other dangerous materials; (c) the proper storage of combustible materials so as to minimize spread of fire and permit effective fire control; (d) the control of hazardous industrial processes and operations and the prevention of explosion; [Next page is 665.24] JUNE 2009 665.23-1 KITCHENER 665.18.4 PROPERTY STANDARDS 665.19.2 (e) the removal of garbage and refuse; (f) the removal or externunation of pests such as rodents,vermin and injurious insects,including termites and cockroaches;and (g) the elimination of any conditions which pose or constitute an undue or unreasonable hazard or risk to life,limb or health of any person in the building or on or about the property.By-law 87-321, 23 November, 1987; By-law 88-228, 24 October, 1988. 665.18.4 Lease-notice-to tenants-safety devices The owner shall notify all tenants by provision incorporated in their lease of the availability of safe devices for windows with movable sash and for bal- cony doors so as to prevent risk of accident to small children and,at the re- quest of an occupant, shall install, maintain or repair such devices in a manner to prevent small children from opening a door or window to beyond four inches. Article 19 FOUNDATIONS-WALLS - COLUMNS-BEAMS 665.19.1 Maintenance-safe- structurally sound The foundations, walls, columns and beams of a building shall be main- tained in good repair and in a safe and structurally sound condition. 665.19.2 Maintenance- standards Without restricting the generality of Section 665.19.1,such maintenance in- cludes: (a) repairing or replacing decayed,damaged,weakened or missing foundations,walls,columns and beams along with any compo- nents,claddings,finishes and trims forming a part thereof, (b) extending the foundation walls below grade or regrading to provide adequate frost cover; (c) shoring,jacking-up or underpinning of foundations where nec- essary; (d) repairing or replacing decayed,damaged,weakened or missing sills,piers,posts or other supports; (e) making sills,piers,posts or other wooden supports,repaired or replaced at or in ground,insect proof, (f) grouting, caulking or other waterproofing of cracks and joints in foundations and walls; JUNE 2008 665.24 KITCHENER 665.20.1 PROPERTY STANDARDS 665.20.3 (g) keeping all walls free from holes and loose or unsecured objects or materials;and (h) carrying out such other work as may be necessary to overcome any settlement or sagging which is detrimental to the appear- ance of the building or detracts from the neighbouring environment. Article 20 DOORS-WINDOWS- SHUTTERS-HATCHWAYS 665.20.1 Maintenance-good working order-repair The doors,windows,including storm and screen windows,shutters,hatch- ways and other exterior openings in a building shall be maintained in good working order and good repair, in a safe condition and, except for screen windows,reasonably weathertight and draft free. 665.20.2 Maintenance- standard Without restricting the generality of Section 665.20.1,such maintenance in- cludes: (a) repairing,refitting or replacing decayed,damaged,defective or missing doors, windows, frames, sashes, casings, shutters, hatchways or screens; (b) keeping glazed doors,windows and other transparent surfaces reasonably clean so as to permit unimpeded visibility and unre- stricted passage of light; (c) reglazing,or refitting with transparent glass or other material or, where permitted,with a translucent substitute; (d) repairing or replacing defective,damaged or missing hardware and locking devices; and (e) weatherstripping and caulking of doors and windows. 665.20.3 Opening-ventilation-illumination-protection When an exterior opening is used or required for ventilation or illumination and is not required to be protected by a door,window or similar closure,it shall be protected with: (a) wire mesh screening,metal grills, or other equivalent durable material;or (b) other protection so as to effectively prevent the entry of rodents or vermin. KITCHENER 665.25 JUNE 2008 665.21.1 PROPERTY STANDARDS 665.22.2 Article 21 STAIRS-FLOORS -LANDINGS-VERANDAHS PORCHES- DECKS-LOADING DOCKS-BALCONIES 665.21.1 Maintenance-safe- structurally sound Every stair, floor, landing, verandah, porch, deck, loading dock,balcony along with any guard,balustrade,railing, screen or other appurtenance at- tached thereto shall be maintained in good repair and in a safe and structur- ally sound condition. 665.21.2 Maintenance- standards Without restricting the generality of Section 665.21.1,such maintenance in- cludes: (a) repairing or replacing floors,treads or risers that show exces- sive wear or are broken,warped,loose,depressed,protruding or otherwise defective or missing; (b) repairing,replacing or supporting structural members that are decayed,damaged,weakened,loose or missing; and (c) providing,in accordance with the Building Code,repairing or replacing balustrades,guards and railings. By-law 87-321,23 November, 1987. 665.21.3 Vacant-unoccupied building-exemption-conditions Stairs,floors,landings,verandahs,porches,decks,loading docks,balconies and every appurtenance attached thereto within the exterior walls of a vacant or unoccupied building are exempt from the requirements of Sections 665.21.1 and 665.21.2 provided that the Kitchener Municipal Code,Chapter 694-Vacant Buildings-Secured is adhered to.By-law 87-321,23 Novem- ber, 1987;By-law 2008-124,23 June,2008. Article 22 ROOFS-ROOF STRUCTURES 665.22.1 Maintenance-safe- structurally sound Every roof,including chimneys,stacks,masts,lightning arrestors,antennas and other roof structures shall be maintained in good repair and in a safe and structurally sound condition. 665.22.2 Maintenance- standards Without restricting the generality of Section 665.22.1,such maintenance in- cludes: (a) removal of loose,unsecured or rusted objects or materials; (b) removal of dangerous accumulations of snow or ice; JUNE 2008 665.26 KITCHENER 665.23.1 PROPERTY STANDARDS 665.23.5 (c) keeping roofs and chimneys weathertight and free from leaks;and (d) keeping all roof-related structures reasonably plumb unless specifically designed to be other than vertical. Article 23 EXTERIOR SURFACES 665.23.1 Paint-weather-resistant material-required Every exterior surface,not inherently resistant to deterioration,on abuilding or any part thereof or appurtenance thereto shall be maintained,without visi- ble deterioration, with a protective coating of paint or equivalent weather-resistant material. 665.23.2 Markings-stains-other defacements-removal Appropriate measures shall be taken to remove any markings,stains or other defacement,occurring on an exposed exterior surface which detracts from the neighbouring environment, or, where necessary, to restore same as nearly as possible to their appearance before the markings, stains or defacement occurred. 665.23.3 Damage-fire-other causes-repair- demolition A building or portion thereof,damaged by fire or other causes,shall be re- paired to its original condition and as may otherwise be required by this Chapter, or the building shall be demolished or the damaged portion re- moved and the property left in a graded and level condition. 665.23.4 Repairs-standards Without restricting the generality of Sections 665.23.1, 665.23.2 and 665.23.3, such repairs shall include: (a) abating any unsafe condition;and (b) refinishing so as to be in harmony with adjoining undamaged surfaces.By-law 87-321,23 November, 1987. 665.23.5 Vacant- unoccupied building- exception Nothing in this Section shall be construed as restricting any door,window or other opening in the exterior of a vacant or unoccupied building from being protected by preventing entry thereto for such time as abuilding remains va- cant or unoccupied, as is required by Kitchener Municipal Code, Chapter 694 - Vacant Buildings - Secured. By-law 87-321, 23 November, 1987; By-law 2008-124,23 June,2008. KITCHENER 665.27 JUNE 2008 665.24.1 PROPERTY STANDARDS 665.26.2 Article 24 INTERIOR SURFACES -FINISHES 665.24.1 Maintenance- standards Interior surfaces and finishes of walls and ceilings shall be maintained: (a) in good repair, free from holes,loose boards and broken,tom damaged,decayed or missing materials; (b) in a safe condition;and (c) so as to possess the fire resistant properties required by the Building and Fire Codes. Article 25 ELEVATORS-ELEVATING DEVICES 665.25.1 Maintenance- standards Elevators,dumb-waiters,hoists,escalators,incline lifts and other elevating devices shall be installed and maintained: (a) in accordance with the requirements of the Elevating Service Act and any regulations made thereunder; (b) in good working order and good repair;and (c) in a safe condition. Article 26 VENTILATION SYSTEMS 665.26.1 Provision-maintenance-standards Ventilation,as required by the Building and Fire Codes,shall be provided to and maintained in all rooms and spaces within abuilding so as to prevent ac- cumulations of heat, dust, fumes, gases, including carbon monoxide, va- pours and other contaminants which may create a fire, explosion, toxic hazard or health hazard. 665.26.2 Cleaning-maintenance-standards Ventilation systems shall be cleaned regularly and installed,used and main- tained: (a) in conformance with the requirements of the Building and Fire Codes; (b) in good working condition and good repair;and (c) in a safe condition.By-law 87-321,23 November, 1987. JUNE 2008 665.28 KITCHENER 665.27.1 PROPERTY STANDARDS 665.28.2 Article 27 HEATING AND MECHANICAL SYSTEMS 665.27.1 Provision-heat-standards A heating system shall be provided in all buildings capable of supplying, during normal hours of occupancy, sufficient heat to maintain a minimum air temperature of 21 degrees Celsius(70 degrees Fahrenheit)at the outside design temperature specified in the Building Code. 665.27.2 Space-not normally heated- exception The heating system and temperature required need not be provided for space not normally heated. 665.27.3 Hot water-adequate supply-required An adequate supply of hot water with a temperature range from 60 to 73.8 degrees Celsius(140 to 165 degrees Fahrenheit)shallbeprovided and main- tained in all dwelling units. 665.27.4 Maintenance- standards The heating system and hot water system required and other mechanical sys- tems shall be provided,maintained and operated: (a) in accordance with the respective requirements of the Building, Plumbing and Fire Codes and the Energy Act and any regula- tions thereunder; (b) in good working order and good repair;and (c) in a safe condition.By-law 91-149,25 March, 1991. Article 28 ELECTRICAL SYSTEMS 665.28.1 Connection-with electrical supply system A dwelling unit and, where required by the Building or Electrical Safety Codes,abuilding shall be connected to an electrical supply system and shall be wired to receive electricity. 665.28.2 Connection-system-standards The connection to the building and the system of circuits and outlets distrib- uting the electrical supply within the building shall provide adequate capac- ity for the use and intended use of the building and such connections, circuits,wiring and outlets along with any fuses,circuit breakers and other appurtenances thereto shall be installed and maintained: (a) in compliance with the respective requirements of the Electrical Safety,Building and Fire Codes; KITCHENER 665.29 JUNE 2008 665.29.1 PROPERTY STANDARDS 665.30.2 (b) in good working order and good repair;and (c) in a safe condition. Article 29 DRAINAGE-PLUMBING SYSTEMS 665.29.1 Provision-maintenance-standards Drainage and plumbing systems on a property shall be provided, installed and maintained: (a) in compliance with the requirements of the Building and Plumbing Codes, the Environmental Protection Act and any regulation thereunder and the City's Plumbing and Drainage By-law[Kitchener Municipal Code, Chapter 660]; (b) in good working order and good repair;and (c) in a safe condition. 665.29.2 Eavestrough- gutters-downpipes-standards Where water run-off from roof surface is discharged byway of eavestroughs or roof gutters and downpipes,they shall be installed and maintained in good working order and good repair,watertight and free from leaks and in a safe condition. 665.29.3 Downpipe-sump pump-grading-standards Downpipes,sump pump discharge lines and grading shall be designed,pro- vided and maintained so as to discharge water run-off away from the build- ing and to prevent flooding, erosion and other nuisance to neighbouring properties. Article 30 REFUSE DISPOSAL 665.30.1 Design-installation- maintenance- standards All refuse disposal facilities shall be designed,installed and maintained as required by the Building Code and any applicable municipal by-law or Chapter. 665.30.2 Containers-receptacles-external-screened-covered External containers and receptacles,where permitted,shall be screened from the view of neighbouring properties and shall be provided with covers so that any material contained therein shall not be exposed to view or to rodents, vermin,insects or other pests.Such covers shall be provided at all times,ex- cept when the containers or receptacles are actually being filled or emptied. JUNE 2008 665.30 KITCHENER 665.30.3 PROPERTY STANDARDS 665.32.4 665.30.3 Garbage chutes- rooms-containers-standards Garbage chutes,disposal rooms,containers and receptacles shall be washed down,disinfected and maintained as is necessary to be clean,odour free and in good working order and good repair. Article 31 RECREATIONAL FACILITIES 665.31.1 Installation-maintenance- safe-continuous use Recreational areas,structures,rooms and other facilities required by the City for the indoor and outdoor use of the occupants of abuilding shall be provided,in- stalled,repaired and cleaned as is necessary to maintain them in a safe condition and available for use on a continuous basis at all reasonable hours. 665.31.2 Equipment-recreational-standards Equipment meeting the recreational needs of the occupants of the building shall be provided and maintained in such facilities in good working order,in good repair and in a safe condition. Article 32 RESIDENTIAL OCCUPANCY 665.32.1 Non-habitable space-use-prohibited No person shall use or cause or permit to be used non-habitable space for the purpose of a habitable room. 665.32.2 Boarders-roomers-lodgers-limitation The number of live-in boarders, roomers or lodgers accommodated in a dwelling unit shall not exceed one per 9.29 square metres of floor area(100 sq feet)in habitable rooms. 665.32.3 Habitable room-low ceiling-excluded For the purpose of computing the floor area of a habitable room,no floor area under a ceiling height which is less than 2.13 metres(7 feet) shall be counted except for abedroom which complies with the provisions as set out in Sections 665.32.4 and 665.32.5. 665.32.4 Bedroom-width-area-minimum No room in any dwelling unit shall be used as abedroom or for sleeping pur- poses by aboarder,roomer or lodger unless it has a minimum width of 1.98 metres(6.5 feet)and a minimum floor area of 5.57 square metres(60 square feet)plus an additional minimum floor area of 3.72 square metres(40 square feet)for each additional person using the room for such purposes. KITCHENER 665.31 JUNE 2008 665.32.5 PROPERTY STANDARDS 665.32.7 665.32.5 Bedroom- ceiling height-minimum For the purpose of computing the minimum floor area required for a bed- room,at least 50 percent thereof shall have a ceiling height of not less than 2.13 metres(7 feet)and no floor areaunder a ceiling heightwhich is less than 1.37 metres(4.5 feet)shall be counted. 665.32.6 Bathroom-three-piece-for each group At least one three-piece bathroom shall be provided and maintained for each group of six live-in boarders,roomers or lodgers accommodated in a dwell- ing unit. By-law 87-321,23 November, 1987. 665.32.7 Dwelling-use-occupancy-standards No portion of a dwelling shall be used for residential occupancy unless: (a) the floors,walls and ceilings within a building and the exterior walls,roofs and any openings therein are watertight and reason- ably free from dampness and drafts; (b) every habitable room, except a kitchen, contains one or more windows or skylight that: (i) open directly to the outside air; and (ii) have a total light transmitting area and openable ventilation area of not less than that required by the Building Code; (c) all windows and skylights are: (i) glazed or fitted with an appropriate transparent mate- rial; (ii) provided with hardware and locking devices; (iii) maintained in good working order and good repair;and (iv) if required for ventilating purposes, capable of be- ing easily opened and closed at all times; (d) a heating system is provided,as required by this Chapter,and, unless otherwise acceptable to the occupant, operated so as to maintain a minimum air temperature of 21 degrees Celsius(70 degrees Fahrenheit); (e) an adequate and safe supply of potable water is provided and maintained at all times; (f) an adequate supply of hot water with a temperature range from 60 to 78.3 Celsius(140 to 165 degrees Fahrenheit)is provided and maintained at all times;and JUNE 2008 665.32 KITCHENER 665.32.8 PROPERTY STANDARDS 665.33.4 (g) toilet, washing and other sanitary facilities are provided and maintained in accordance with the Building and Plumbing Codes. By-law 87-321, 23 November, 1987; By-law 98-176, 16 November, 1998. 665.32.8 Insulation-standards Dwellings shall be insulated to minimize heat loss,air infiltration and mois- ture condensation on the interior surfaces of walls,ceilings and floors as re- quired by the Building Code or other repairs shall be effected which the Officer deems to be equivalent. Article 33 EGRESS 665.33.1 Continuous-unobstructed-from interior Every dwelling shall have safe, continuous and unobstructed passage or means of egress from the interior of each dwelling unit contained therein to the exterior of the dwelling at or near street or grade level.By-law 87-321,23 November, 1987. 665.33.2 Second-means of egress-where required Except as provided in Section 665.33.3,every dwelling,containing dwell- ing units located other than on the ground floor or the first floor above the ground floor, shall provide a second means of egress from such dwelling units to the exterior of the dwelling at or near grade level.By-law 87-321,23 November, 1987;By-law 91-149,25 March, 1991. 665.33.3 Second-means of egress-where not required A second means of egress shall not be required from any dwelling unit hav- ing a separate or self-contained means of egress to the exterior of the dwell- ing at or near grade level. 665.33.4 Enclosed-through another unit-prohibited A required means of egress shall not pass through an attached or built-in ga- rage or an enclosed part of another dwelling unit. By-law 87-321, 23 No- vember 1987. KITCHENER 665.33 JUNE 2008 665.34.1 PROPERTY STANDARDS 665.34.3 Article 34 VACANT HERITAGE PROPERTY 665.34.1 Construction-requirements- consent required All work performed in accordance with the requirements of this Article must comply with all other relevant by-laws and legislation including the Ontario Heritage Act.Written consent from Council of the City of Kitchener or its delegate shall be required before any work impacting the heritage attributes of a property is performed,even when such work is ordered or required by the provisions of this Chapter. 665.34.2 Protection-repair-owner-occupant requirement Every owner and occupant of vacant heritage property shall,in addition to complying with the other requirements of this Chapter,maintain and repair the heritage property as necessary to protect and prevent deterioration of its heritage attributes. 665.34.3 Other security measures-required In addition to meeting all other requirements of this Chapter,every owner of vacant heritage property shall ensure that the following measures are taken with respect to that building or structure: (a) that in order to minimize the potential of deterioration of heri- tage attributes,the building or structure shall be boarded up to prevent the entrance of unauthorized persons, damage from natural elements,or the infestation of pests.The boarding shall comply with the following requirements: (i) all boards used in the boarding shall be installed from the exterior and shall be properly fitted in a watertight manner to fit within the side j ambs,head jamb and the exteriorbottom sill of the door or win- dow so that any exterior trim remains uncovered by the boarding; (ii) all boards shall be at least 12.7mm(0.5 in.)weath- erproofed sheet plywood secured with nails or screws at least 50 millimetres(2 inches)in length and spaced not more than 150 millimetres (6 inches) on centre; (iii) all boards shall be painted or otherwise treated so that the colour blends with the exterior of the build- ing or structure; and (iv) all boards shall be installed and maintained in good repair; JUNE 2008 665.34 KITCHENER 665.34.4 PROPERTY STANDARDS 665.35.2 (b) The exterior shall be maintained in order to prevent moisture penetration and damage from the elements that may have an ad- verse impact on the heritage attributes; (c) appropriate utilities serving the building shall be connected and used to provide,maintain,and monitor proper heating to facili- tate conservation of the heritage attributes through the preven- tion of negative effects associated with freeze-thaw cycles; (d) appropriate ventilation shall be provided to prevent damage to the heritage attributes that may be caused by humidity;and (e) in order to deter vandals and thus protect the building or struc- ture containing heritage attributes from vandalism or the setting of fires, appropriate security lighting must be installed and maintained on the exterior of the building or structure. 665.34.4 Exemption-to security measures Where an owner satisfies an Officer that a vacant heritage property is not in- tended to remain vacant for a period exceeding six months,the Officer may, in his/her sole discretion,exempt an owner from complying with any of the requirements of this Article or allow the owner to take alternative measures for the protection of the heritage attributes in place of any of the requirements of this Article. 665.34.5 Exemption-removal-authority Where an Officer has granted an exemption or has approved alternative measures for compliance with this Article,such exemption or approval may be withdrawn at any time upon ten days notice to the owner if an Officer is of the opinion that the vacant heritage property is likely to remain vacant for a longer period than originally anticipated or if,in the sole discretion of an Of- ficer,the heritage attributes are not being adequately protected by the mea- sures being taken.By-law 2008-124,23 June,2008. Article 35 PROPERTYSTANDARDS 665.35.1 Walls-remaining-structurally sound-weathertight The owner of any building or part thereof being demolished shall leave any remaining wall or walls(including any former party wall or walls,whether separately or jointly owned)structurally sound,weathertight,in a safe con- dition and in conformity with the standards in the Building Code. 665.35.2 Site-cleared-cleaned-maintained Upon completion of demolition,the entire site shall be cleared and cleaned of all debris,left free from holes or excavations and provided and maintained with a suitable ground cover.By-law 87-321,23 November, 1987. KITCHENER 665.35 JANUARY 2005 665.36.1 PROPERTY STANDARDS 665.37.1 Article 36 ENFORCEMENT 665.36.1 Contravention-offence Every person who contravenes any provision of this Chapter is guilty of an offence. 665.36.2 Fine-for contravention-owner An owner is liable,upon conviction,to a fine or not more than Twenty-Five Thousand Dollars($25,000)for a first offence and to a fine of not more than Fifty Thousand Dollars($50,000)for a subsequent offence. 665.36.3 Fine-for contravention-corporation Notwithstanding Section 665.36.2,a corporation is liable,upon conviction to a fine of not more than Fifty Thousand Dollars($50,000)for a first of- fence and to a fine of not more than One Hundred Thousand Dollars ($100,000)for a subsequent offence. Article 37 SEVERABILITY 665.37.1 Severability It is hereby declared that each and every of the foregoing provisions of this Chapter is severable and that,if any provisions of this Chapter should,for any reason,be declared invalid by any Court,it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect.By-law 87-321,23 November, 1987. JANUARY 2005 665.36 KITCHENER PROPERTY MAINTENANCE Chapter 689 TERMITE - WOOD-DESTROYING INSECTS - CONTROL Article 1 INTERPRETATION 689.1.1 Inspector- defined 689.1.2 Owner- defined Article 2 INSPECTOR-AUTHORITY 689.2.1 Chief Building Official- designated- Inspector 689.2.2 Visit- enter- inspect- land-building - structure Article 3 CONTROL-PREVENTION 689.3.1 Resistant-building - structure-to be rendered 689.3.2 Destruction-removal - material - not part of building 689.3.3 Spread- of infection- control 689.3.4 Damage-repair-removal- infested material 689.3.5 Removal- transportation- material -permission Article 4 ORDER-PROCEDURE 689.4.1 Service-upon assessed owner 689.4.2 Time- for compliance- service KITCHENER 689.1 DECEMBER 1989 689.1.1 TERMITE-INSECT-CONTROL 689.2.1 Article 5 FINANCIAL ASSISTANCE 689.5.1 Grant- one-half- cost incurred 689.5.2 Loan- not exceeding cost- less grant 689.5.3 Application- approval - Council's discretion Article 6 ENFORCEMENT 689.6.1 Offence- failure- to comply with Order 689.6.2 Fine- for contravention Article 7 CODIFICATION 689.7.1 Inclusion- in Municipal Code Article 1 INTERPRETATION 689.1.1 Inspector-defined "Inspector"means a person designated by the Council of the Corporation of the City of Kitchener to enforce the provisions of this Chapter. 689.1.2 Owner- defined "owner"includes aperson or his/her authorized agent or lessee occupying or controlling the premises,building,structure or portion thereof under consid- eration when such person is responsible for repair and maintenance of the premises. Article 2 INSPECTOR-AUTHORITY 689.2.1 Chief Building Official-designated-Inspector The person from time to time holding the office of Chief Building Official of the Corporation,or his/her duly authorized delegate,is hereby designated as an Inspector to enforce the provisions of this Chapter. DECEMBER 1989 689.2 KITCHENER 689.2.2 TERMITE-INSECT-CONTROL 689.3.2 689.2.2 Visit-enter-inspect-land-building-structure The Chief Building Official or any duly appointed Inspector shall have the right to visit,enter or inspect from time to time and at all reasonable hours, any land building or structure: (a) where there is reason to believe it has been damaged or is infested by termites or other wood-destroying insects; or (b) which has been damaged or is infested by termites or other wood-destroying insects;or (c) which is within 400 feet of anybuilding or structure so damaged or infested as aforesaid. Article 3 CONTROL-PREVENTION 689.3.1 Resistant-building-structure-to be rendered An Inspector may serve on the owner of any building or structure or part thereof heretofore or hereafter erected,an Order in writing requiring that the said building or structure or part thereof be rendered resistant to termites or other wood-destroying insects by treatment of the soil adjacent thereto by a licensed pest or termite exterminator in such manner or by such means as is specified in the Order,or requiring that the building or structure be made re- sistant to termites or other wood-destroying insects by any other means spec- ified in the Order and,upon service of such Order,the owner shall forthwith carry out the requirements thereof. 689.3.2 Destruction-removal-material-not part of building Where any wooden pole,tree,stump,or other wooden or cellulose material not being part of a building has become infested with termites or other wood-destroying insects,an Inspector may serve on the owner of the prop- erty upon which such pole,tree,stump,or other material is located an Order in writing certifying that such infestation exists and requiring that the said pole,tree,stump or other material be removed and destroyed.Upon service of such Order, the said owner shall forthwith carry out the requirements thereof. KITCHENER 689.3 DECEMBER 1989 689.3.3 TERMITE-INSECT-CONTROL 689.4.2 689.3.3 Spread- of infection-control If the Inspector deems it necessary in order to prevent or control the spread or infestation by termites or other wood-destroying insects that any building or structure or any addition thereto,whenever constructed,even if the same is not itself infested by termites or other wood-destroying insects, should be rendered resistant to such infestation,he/she may serve on the owner of such building or structure or any part thereof heretofore or hereinafter erected an Order in writing that same be rendered resistant to infestation by termites and/or other wood-destroying insects by poisoning the soil adjacent thereto by a pest or termite exterminator licensed and approved by the Province of Ontario,in such manner and by such means as is specified in the Order,or re- quiring that the building or structure be made resistant to termites or other wood-destroying insects by any other means specified in the Order and, upon service of such Order, the owner shall carry out the requirements within the time specified in the Order. 689.3.4 Damage-repair-removal-infested material The Inspector may serve on the owner of any building or structure or part thereof heretofore or hereafter erected that has been damaged by termites or other wood-destroying insects an Order in writing requiring that such dam- age be repaired by removing and destroying all infested material and replac- ing the same with sound material and,upon service of such Order,the owner shall carry out the requirements thereofwithin a time specified in the Order. 689.3.5 Removal-transportation-material-permission Where the Chief Building Official deems it necessary in order to prevent or control the spread of termites,he/she may serve on the owner of any build- ing,structure or property an Order in writing requiring that no soil,wooden pole,tree,stump or other wooden or cellulose material be removed or trans- ported from the property without written permission the Chief Building Of- ficial or his/her delegate. Article 4 ORDER-PROCEDURE 689.4.1 Service-upon assessed owner Any order issued under this Chapter shall be signed by an Inspector and shall be served on the owner of such building or property as shown on the last re- vised assessment rolls of the municipality. 689.4.2 Time-for compliance-service The times specified in any such Order shall be at least 30 days after giving such Order and such Order shall be sufficiently served: DECEMBER 1989 689.4 KITCHENER 689.5.1 TERMITE-INSECT-CONTROL 689.6.1 (a) if mailed prepaid registered post,addressed to owner or occupant at the said building and shall,if so mailed,be deemed to have been served three business days after the day of mailing as aforesaid;or (b) if delivered to such owner or occupant personally and shall,if so delivered,be deemed to have been served on the day of such deliv- ery. Article 5 FINANCIAL ASSISTANCE 689.5.1 Grant-one-half-cost incurred The Corporation may,upon application made to it for that purpose and in its sole discretion, make a grant to or on behalf of the owner of a residential building of up to one-half of the cost incurred hereafter by the said owner to repair such damage done to the building by termites or other wood-destroy- ing insects and/or of rendering any such building heretofore erected resistant to termites or such other insects. 689.5.2 Loan-not exceeding cost-less grant The Corporation may,upon application made to it for that purpose,loan to an owner of a building for purposes of being applied to the cost incurred hereafter by such owner in repairing damage done to such building by ter- mites or other wood-destroying insects and/or of rendering any building heretofore erected resistant to termites or other insects,such portion being an amount fixed by the Corporation not exceeding the actual cost of such work, less any grant made pursuant to Section 689.5.1. 689.5.3 Application-approval-Council's discretion When an owner intends to make an application pursuant to Sections 689.5.1 and 689.5.2 or either of them,he/she shall do so by delivering the same to the Chief Building Official who shall report thereon with his/her recommenda- tion to Council,and Council may,in its discretion,grant or refuse any such application or grant the same subject to such terms and conditions as it may prescribe. Article 6 ENFORCEMENT 689.6.1 Offence-failure-to comply with Order It shall be an offence to fail to comply with the provisions of any Order is- sued under this Chapter within the time specified in such Order. By-law 89-111, 17 July, 1989. KITCHENER 689.5 DECEMBER 1989 689.6.2 TERMITE-INSECT-CONTROL 689.7.1 689.6.2 Fine-for contravention Every person who contravenes any provision of this Chapter is guilty of an offence and is liable,upon conviction,to a fine not exceeding Five Thousand Dollars($5,000),exclusive of costs,for each offence,recoverable under the Provincial Offences Act.By-law 91-191, 13 May, 1991. Article 7 CODIFICATION 689.7.1 Inclusion-in Municipal Code The Clerk is hereby directed to make this Chapter a part of the City of Kitchener Municipal Code by adding it to the Concordance thereof and ar- ranging it and numbering it so as to fit within the scheme of the Code.By-law 89-111, 17 July, 1989. DECEMBER 1989 689.6 KITCHENER