HomeMy WebLinkAboutCSD-2024-083 - Property Standards By Law AmendmentsCommunity Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 22, 2024
SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952
PREPARED BY: Steve Vrentzos, Manger of Enforcement, 519-741-2200 ext. 7375
WARD(S) INVOLVED: All
DATE OF REPORT: April 22, 2024
REPORT NO.: CSD-2024-083
SUBJECT: Property Standards By Law Amendments
RECOMMENDATION:
That the proposed by-law attached to report CSD-2024-083, to repeal and replace
specific sections of the existing Property Standards By-law, Chapter 665 as noted in
Appendix A, be adopted; and,
That the updated regulations of the City of Kitchener Property Standards By-law,
Chapter 665 be incorporated into The City of Kitchener Municipal Code.
REPORT HIGHLIGHTS:
The purpose of this report is to proactively address enforcement concerns that may
arise with the approval of report DSD-2024-066 Enabling Four Units.
Updating the Property Standards By-law with some general housekeeping amendments
to address concerns that were previously not captured in the by-law.
BACKGROUND:
On April 8, 2024, Council approved DSD-2024-066 Enabling Four Units, which was brought
forward by the Planning Division. As a result of the approved changes to allow additional
units, staff have identified potential challenges that may arise as a result of this change.
Staff have also taken the opportunity to review our current Property Standards By-law and
have identified some recommended updates to the by-law which will allow staff to address
some recurring concerns and ultimately provide better customer service.
REPORT:
By-Law Enforcement and Planning staff have considered potential enforcement concerns
that may result with the increased number of new multi-residential units. One of the concerns
was the possibility of increased complaints related to the storage of waste or waste
containers. Although our current Property Standards by-law addresses some waste
concerns, it does not address how waste can be stored on multi-residential properties unless
there is a registered site plan on file with the City. Since site plans are no longer a
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
requirement for development of properties with less than 10 units, staff are recommending
changes to the Property Standards By-Law to mitigate any future concerns related to the
storage of waste on multi-residential properties with 3 or more units.
In 2017, the current Property Standards by-law Chapter 665 was repealed and replaced.
Staff spent a considerable amount of time reviewing and updating the by-law and engaging
with the public and stakeholders. Since then, staff have noted some additional concerns or
updates that are currently not captured and therefore are recommending including some
housekeeping amendments to the Property Standards By-Law to provide better customer
service.
Recommended changes to the Property Standards By-law:
1.
to 3 or more units.
2. Waste and containers located on a multi-residential property will be required
to be stored within a building, structure or enclosure to ensure it is screened
from view and free of odours.
3. Community mailboxes and lockboxes for apartment and condo building
properties was added to the by-law to assist tenants in rental situations.
4. Hot water temperature requirements for residential dwelling units was
updated to mirror the Ontario Building Code standards.
5. Visibly deteriorating and damaged roofs has been added to the by-law, which
allow staff to ensure buildings are being maintained.
6. Metal Roofs and solar panels will be required to have stoppers installed when
abutting public or other private properties. Metal roofs and solar panels
accumulate snow and ice which will release the build-up at once, creating a
potential safety concern.
7. The lighting section has been clarified to address nuisance complaints and to
incorporate standards currently used by Planning staff to reduce illumination.
The amendments proposed to the Property Standards By-law are minor, staff are
recommending the amendments as listed in Attachment A.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
Committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
CSD-17-060
DSD-2024-066
APPROVED BY: Michael May, DCAO
ATTACHMENTS:
Attachment A - Proposed Standards of Maintenance and Occupancy of Property By-law
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 665 of The City of Kitchener
Municipal Code with respect to standards of maintenance and
occupancy of property)
WHEREAS it is deemed expedient to amend Chapter 665 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Section 665.1.1 of Chapter 665 of The City of Kitchener Municipal Code is hereby
amended to delete the definitions for the terms listed below and substitute therefor
the new definitions as follows:
665.1.1
Code Act, or any Regulation(s) enacted in substitution thereof.
Building Code Act, 1992, S.O. 1992. c. 23, or
any Act(s) enacted in substitution thereof.
shall include all landscaping, including softscaping and hardscaping, and
the exterior elements of any buildings including but not limited to decks,
patios, porches, or balconies.
-
dwelling units.
2. Section 665.6.4 of The City of Kitchener Municipal Code is hereby deleted and
replaced with the following:
In any multi-residential building exterior areas shall be maintained to
ensure that:
2
(a) all ramps and access routes leading to garages and parking areas
are kept reasonably free of ice and snow or other hazards at all
times;
(b) all walkways and access routes to and from buildings are kept
reasonably free of ice and snow or other hazards at all times; and
(c) all exterior parking areas, including laneways, are kept reasonably
free of accumulations of ice and snow at all times.
(d) Garbage containers on exterior property areas, in addition to the
requirements set out in section 665.6.12, shall be kept in a rear or
side yard in an enclosed a structure with a lid or roof. Such
structure shall screen the garbage containers from the view of
streets, sidewalks, multi-use trails, and neighbouring properties,
and if capable of being opened shall be kept closed at all times
except when the containers contained therein are actually being
filled or emptied.
(i) Despite section 665.6.4(d), garbage containers do not need
to be contained within a structure during the time frame
provided by a municipal waste management department for
collection of said garbage containers for the address where
the garbage containers are kept.
(ii) For greater clarity, garbage containers in this section also
includes receptacles intended to hold recyclable materials
and yard waste.
(e) A structure containing garbage containers as set out in section
665.6.4(d) shall be kept in in good working order, free of odours,
and without any visible deterioration.
(f) All mailboxes shall be kept in a state of good repair and working
order, including eliminating any unreasonable barriers to their
access.
3. Section 665.6.6 of The City of Kitchener Municipal Code is hereby deleted and
replaced with the following:
3
Article 6 of Chapter 665 of The City of Kitchener Municipal Code is hereby
amended by adding thereto the following section:
Key lockboxes
665.6.27
A key lockbox installed or placed on the exterior of building or property shall be
kept in good repair and maintained in a manner so as to prevent unauthorized
5. Section 665.7.7 of The City of Kitchener Municipal Code is hereby deleted and
replaced with the following:
The roof of every building or structure shall be structurally sound, without visible
deterioration or damage, weatherproof, and free of loose or unsecured objects
and materials and excessive accumulations of snow and ice. Improperly secured
objects and materials shall be either removed, repaired, or replaced.
665.7.7.1
Every metal roof shall have guards installed thereupon, adequate for the
purposes of controlling the falling or sliding of any accumulated ice or snow.
Section 665.8.2 of The City of Kitchener Municipal Code is hereby deleted and
replaced with the following:
and Finishes
665.8.2
Interior surfaces and finishes of walls and ceilings in buildings and structures
shall be maintained:
4
(a)in good repair, free from holes, loose boards, and
broken, torn, damaged, decayed, or missing materials;
(b) in a safe condition;
(c) so as to possess the fire resistant properties required by the
Building Code and the Fire Code;
(d) When mailboxes are installed internally, they shall be kept in a
state of good repair and working order, including eliminating any
unreasonable barriers to their access; and
(e) When key lockboxes are installed or placed internally, they shall be
kept in good repair and maintained in a manner so as to prevent
Section 665.9.7 of The City of Kitchener Municipal Code is hereby deleted and
replaced with the following:
Every portion of a dwelling unit used for residential occupancy must comply with
the following requirements:
(a) the floors, walls, and ceilings within a building and the exterior
walls, roofs, and any openings therein shall be watertight and reasonably
free from dampness and drafts;
(b) every habitable room, except a kitchen, shall contain one or more
windows or a skylight that:
(i) opens directly to the outside air; and
(ii) has a total light transmitting area and openable ventilation
area of not less than that required by the Building Code;
(c) all windows and skylights shall be:
(i) glazed or fitted with an appropriate transparent material;
(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 being easily
opened and closed at all times;
(d) a heating system shall be provided, as required by this by-law, and
operated so as to maintain a minimum air temperature of 21
5
degrees Celsius (70 degrees Fahrenheit) within any habitable
room;
(e) an adequate and safe supply of potable water shall be provided
and maintained at all times;
(f) an adequate supply of hot water in accordance with the Building
Code shall be provided and maintained at all times; and
(g) toilet, washing, and other sanitary facilities shall be provided and
maintained in good
8. Article 12 of Chapter 665 of The City of Kitchener Municipal Code is hereby
amended by adding thereto the following section:
665.12.2
If an order that is final and binding under this by-law is not complied with, the City
may cause the property to be repaired or demolished accordingly in accordance
with section 15.4 of the Building Code Act
9. This By-law will come into effect on date of passing.
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2024.
_____________________________________
Mayor
_____________________________________
Clerk