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HomeMy WebLinkAboutWingham Advance-Times, 1980-02-13, Page 11Viiincipall„i 'urnbe'rry Township Council received a letter from the Ministry of Agriculture and Food regarding . 1960-81 alli‘atiens for tile drain loans. The letter outlined several guidelines the Ministry_. i$ asking all municipalities to ttJlke when considering loan applications -- Lorne C. Henderson, minister of agriculture and a ske:dto cons food, presented. the criteria to the Ontario Legislature Dec. 14, 1979, He stated that ,ap- plicatlone should be based on no more than 75 percent of the estimated cost up to a maximum of $200 per acre tiled', and that the maximum amount any one farmer may receive in loans for one year 'should not exceed $10,000. The cumulative maxdmum amount Should be set at 240,000. The minister explained that these criteria . should' be en- forced to ensure that ea many farmers as possible can take advantage of the loan program. Apparently 0n0ri0 farmers spent $245 million maintaining or improving drainage on 1.3 million acres of farmland in the last 10 years. About $111 -million was borrowed, from the proa!inee ; To date loan appllcatiotln are based on 75 per cent eldialeted costs, however no maximums have been placed on any one farmer. Regarding the guidelines council decided that $200 per acre tiled should not be a fixed amount due to yearly cost hikes. Council also received The 'Wingham A.dvance?- , Fdruiv.: muss1 lines for tiledraifl loans from Bill frtgineer from Mannerow, plait of $410 done on the ;pwever council 4n't authorize be done on the #he; township's ex - * *More members of the 0*Y Bry felt >' extri drain t genie. !u r deecided athayt• a portion problem vyas NOTICE ToWin The Corporation of the Town of Wingham is considering pass- ing the following Property Standards Bylaw for the town. Residents objeeting to any provisions of the proposed bylaw are invited to file written notice of their objections with the Town Clerk by no later than 4 p.m. on March 8 so that they may be considered by Town Council. PROPERTY AND MAINTENANCE BY-LAW PREAMBLE The Purpose of this By-j.aw is to provide a basis for control of Property Standards applying to residential and non-resi- dential use within the Town of Wingham. The principal means of implementation will be the partici- pation of the Town of Wingham`according to the need, benefit, and availability of resources in existing and future property Improvement programs initiated by the senior levels of govern- ment such as the Ontario Home Renewal Program (OHRP), the Rental Ontario 'Home Renewal Program (Rental OHRP), Community Services Contribution Program, and Downtown Re- vitalization. The Property Standards By -Law satisfies a central condition for municipal elegibility and this By -Law will serve as the basis for co-operative ventures; fry municipal, provincial and federal governments in promoting a continuing long-term property management program In the Town of • Wingham, aimed at taking preventative measures against property deteriora- tion and waste and at encouraging the improvement of the physical and structural resources•of the community. This By -Lave shall also serve to provide the Council of the Town of Wingham with the statutory authority to take remedial action where detrimental property conditions resulting from neglect, disrepair, over -crowding and under -maintenance im- pose a hazard to human health, safety, and well-being or pro- duce blight and deterioration which adversely affects the value, appearance, and enjoyment of neighbouring properties. Where such violations of the By -Law are evident, an approach which emphasizes co-operative compliance as opposed to rigid enforce- ment will be utilized. Legal enforcement will be taken as a final measure; only when co-operotive efforts aimed. at rec- tifying an offending property condition fail because of the dis- interest, tack of co-operation, or insincerity of the property owner. This By -Law represents the starting point for a property - management anent progro m in the Town n of Wingham. The By -Law will be reviewed from time to time to ensure it is improved as a result of insights gained from experience. THE CORPORATION OF THE TOWN OF WINGHAM BY-LAW NO. Being a By -Law for prescribing standards for the maintenance and occupancy of property within the Town of Wingham, for, prohibiting the occupancy or use of such property that does not conform to the standards, and for requir- ing property below the standards prescribed herein -to be repaired=and maintained to oobtply with the standards or the land thereof to be cleared of all structures, debris or refuse and left in a graded and leveled condition. WHEREAS the Corporation of the Town 'of Wingham desires to enact a By -Law pursuant to the pro- visions of Section 36 of The Plonning.''Act, R.S.O. 1970, Chapter 349 and amendments thereto and, WHEREAS there is in effect in. the Town of Wingham on Official Plan which includes provisions re- lating to Property Maintenance and Occupancy Standards. NOW THEREFORE the Council of the Corpor- ation of the Town of Wingham HEREBY ENACTS AS FOLLOWS: Section 1. SHORT TITLE This By -Law may be cited as the "Property Maintenance and Occupancy Standards By - Law." Section 2. SCOPE This By -Law shall include all property and struc- tures within the Municipal jurisdiction of the Town of Wingham. Section 3. DEFINITIONS ( 1) "ACCESSORY BUILDINGS" means a building, attached or detached, which is customarily incidental and subordinate to the main use of the lot, and which is not used or intended for use as human habitation. ( 2) "BATHROOM" means a room containing at least a toilet and bathtub or shower, or two rooms which contain in total at least one toilet and one bathtub or one shower. ( 3) "BEDROOM" means a habitable room used for sleeping purposes. ( 4) "CORPORATION" means the Corporation of Wingham. "DWELLING" means a building or structure, or part of a building or structure, occupied or capable of being occupied in whole or in part for the purpose of human habitation and in- cludes a building or structure that could be intended for such use except for its state of disrepair. ( 6) "DWELLING UNIT" means one or more rooms connected together as a separate unit in the same structure and constituting an independent housekeeping unit for residential occupancy by humans for living and sleeping purposes. "FIRE RESISTANCE RATING" means time in hours or parts thereof that a material con- struction or assembly will withstand fire ex- posure, as determined by a fire test made in comformity with generally accepted stand- ards, or as determined by extension or inter- pretation of information derived therefrom. ( 8) "HABITABLE ROOM" means, subject to Clause ( 9), any room in a dwelling unit used or In- tended to be used for living, sleeping, cook- ing or eating purposes. "NON -HABITABLE ROOM" means any room in a dwelling or dwelling unit other than a habit- able room and includes bathroom, toilet room, laundry room, pantry, lobby, communicating corridor, stairway, closet, cellar, boiler room dr other space for service and maintenance of the dwelling for public use, and for access to and vertical travel betwean storeys. ' (10) "OWNER" includes the person for the time beipg managing or receiving the rent of the land or premises In connection with which the word is used whether on his own account or as agent or trustee of any other person or who wouso receive fhe rent if such land and pram s were let, and shall also include a lessee o occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accor- dance with the standards for the mainten- ance and occupancy of property. ( 5) ( 7) ( 9) (11) "RESIDENTIAL PROPERTY" means property that is used or designed for use as dom- estic establishment In which one or more persons usually sleep, and prepare and serve meals, and includes any land and buildings that are appurtenant to' such establishment. (12) "SAFE TEMPERATURE" means a tempera- ture on any inflammable surface, adjacent to a source of heat, which surface is not too hot for comfort when touched by the hand when any such source of heat has been producing, heat continuously for a minimum of two hours. (13) "SEWAGE" means any liquid waste con- taining animal, vegetable or mineral mat- ter, in suspension or solution but does not include storm water. 44) "SEWERAGE SYSTEM" means the Town sani- tary sewerage system or a private sew- age disposal system approved by the Medical Officer of Health. (15) "STANDARDS" means the standards set out In Sections 2, and 3, 4, of this by-law. (16) "STORM WATER" includes rain water, melted snow or ice and water in the sub- soil. (17) "TOILET ROOM" means a room containing a toilet. (18) "YARD" means the land, other than pub- licly owned land, around and appurte- nant to the whole or any part of a dwell- ing and used or intended t' o be used or capable of being used in connection with the dwelling whether or not the land is owned by the owner of the building. Section 4. MAINTENANCE OF YARDS AND ACCESSORY BUILDINGS 1. General Duties: The provisions of Section 4 prescribe stand- ards for the maintenance and repair of yards and accessory buildings of all pro- perty within the Corporation and the use of such property that does not conform•to the said standards set out in the said Section 4 of this by-law, is hereby prohibited, PRO- PERTY BELOW THE STANDARDS PRESCRIB- ED IN SAID SECTION 4 OF THIS' BY-LAW ARE REQUIRED TO BE REPAIRED AND MAIN- TAINED TO COMPLY WiTH THE STANDARDS SET OUT IN SECTION '4 OF THIS BY-LAW OR THE LAND THEREOF IS REQUIRED TO BE CLEARED OF ALL' BUILDINGS OR STRUC- TURES AND LEFT IN A GRADED AND LEVEL CONDITION. 2. Yards: Yards shall ' be kept clean and free from' rubbish, salvage materials,, refuse or other debris and from objects or conditions, in- cluding holes and excavations that might create a health, fire or accident hazard. (b) No heavy undergrowth of noxious weeds designated as such under the Weed Control Act, as amended, shall be permitted in any yard. (c) Without limiting the generality of Section (a), any motor vehicle, trailer,traction en- gine, farm tractor, road building machinery. and any vehicle drawn, propelled or.driven by•any kind of power or any boat, or any parts or sections thereof which' ore in a wrecked,'discarded, dismantled, partially dismantled, inoperative or abandoned con- dition may not be parked, stored or left in the open. Any such vehicles, trailers, boats or components thereof must be relocated ,to a completely enclosed location or others, wise removed from the property. Any ve- hicle or trailer that does not properly dis- play thereon a valid licence plate or marker therefore that is not valid, but was valid for part of the then current year or part of the previous year may be deemed, for the purpose of this by-law to be in a discarded or abandoned condition. (a) 3. Sewage and Drainage: Sewage or organic waste shall be discharg- ed into a sewerage system where such a system exists; where a sewerage does not exist, sewage or organic waste shall be dis- posed of in a manner acceptable to the local health authorities. (b) Sewage of any kind shall not be discharg- ed onto the surface of the ground, whether into a natural or artificial surface drainage system. • (c) No roof drainage shall be discharged on sidewalks, stairs or neighbouring property orinto sanitary sewers. 4. Safe Passage: Steps, walks and driveways shall be rrein- tained as to afford safe passage (Adel - normal use and weather conditions., (b) Property owners are responsible for the removal of icicles which are hazardous to pedestrians. 5. Accessory Buildings and Fences: Accessory buildings and fences shall be kept in good repair and free from health, fire and accident hazards. 6. Garbage Disposal: Garbage and refuse shall be promptly stored in receptacles and mode available for removal et the curb no earlier than 8:00 p.m. of the day immediately preceeding pickup. 7. Pest Prevention: A Building shall be kept free of rodents, vermin and insects at all times, and methods used for extermination of rodents or insects • or both shall be in accordance with the pro- visions of the current provincial Pesticides Act and all regulations passed pursuant thereto. Foundations: The foundation walls and basement, cellar or crawl space floors shall be maintained in good repair and be structurally sound. (b) Every basement, cellar and crawl space in a building shall be adeaunse_ty drainer', Overall Structure: (a) Every part of a building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on It through normal use; materials which have been damaged or show evidence of rot or other deterioration shall be repaired or replaced. The exterior walls, roofs and other parts of a building shall be free from loose, rotten, warped and broken materials and objects; such materials and objects shall be re- moved, repaired or replaced. (0) (a) 8. (a) (b) due to inadequate supervision and suggested that Gamsby and Mannerow cover the -cost. Original total was $820, however Kelly. Robinson, a contractor who worked on the drain, decided not to bill the township. Turnberry is'' calling for tenders for crushing, hauling and stockpiling ap- proximately 18,000 yards of gravel from the McGill townk slip pit. Tenders must be in by March 10 at 4 p.m. and the cont act will go from June 2- 20. Tenders for the sale of the township's 1975 pickup truck are also being called. The truck' will be sold as is and tenders should be submitted by March 1§ at 4 p.m. The draft road closing ham Residents 10. Thermal ln* • ul rn:" Thermal iniuiafi� of buildings to minimize heat to sos ,shgll. be encouraged where necessary and practicable. 11. ExferIorWaI1R.1 The extt ri,(or walls and their components of a. building shall' be maintained so as to Prevent tell' Aaterioration due to weather and/or insects. 12. Roofer' arses A roof'including the fascia board, soffit, cornice and flashing shall be maintained in a watertight. Condition as to prevent leakage of'tn/ater oto the building. 13. Doors'and7Windows: • (a) Windows and exterior doors and frames and basement;; or relit' hatchways shall be maihfclined in good repair so as to prevent the entrance' of. wind or rain into the build- ings: ' (b) 'Rotted or damaged doors, door frames, window fr'ames,,;sashes and casing, vbeath- erstrippiring broken gloss and missing or defective doer- and window hgrdware shall be repaired or replaced. 14. Stairs and Porches Inside or outside stairs and. porches shall be maintained so as to be free of holes, cracks and other defects which may consti- tute possible •FiCtident hazards and all treads or risers that show excessive wear or 'ore broken, n warped or loose p o se and' all supporting structural members that are rotted or detengrated shall be repaired / or replaced. 15. Egress • (a) There shall be provided and maintained a secondary means of egress from the build- ing for every dwelling unit located on each -floor above the first floor and for two or more dwelling units located in the base- ment,, so as ,to provide a safe and con- • venient means of egress in case of an emergency. • (b) • The means of egress and fire warning devices shall be to the satisfaction of the local Fire Department. 16. ' Walls and Ceilings (a) (b) Every wall and ceiling finish'shall be'main- tained, and freefrorn holes, loose cover- ings or other detects Which would permit flame or excessiiJe h' eat to enter the con- cealed space , Where common party walls exist between . attached but sedgrate buildings, they shall be maintained in ii;condition which main- tains their fire resistant. rating - 17. Floors Every floor shall be reasonably smooth and level and be maintained so as to be free of. all , loose, warped, protruding, broken or rotted boards or material that might cause an accident, and all defective floor boards or materials shall be repaired. 18. Rubbish and Debris' Every property or. structure shall be kept free from rubbish, debris or conditions which constitute a fire, accident or health hazard. 19. Plumbing All plumbing used for the transport of hot or cold. water,' gas,• steam or sewage shall b4 kept in good working condition and free 'from leaks and defects. 20, Kitchens (a) Every kitchen shall have provided on ade- quate and' approved gas or electrical or other approved fuel supply for cooking pur- poses, (b) There shall be a safe space above, any exposed cooking surface.' 21. • Heating Systems • • (a) A heating system where required;' shall be maintained in good working condition so as to be capable of heating safely. (b) No room heater shall be placed so as to cause a fire hazard to•walls, curtains and furniture nor to impede the free move- ment of persons within the room where the heater is located. (c) Where buildings contain two or more dwell- ing units fuel fired heating appliances shall be located safely enclosed or separ- ated from the remainder in conformance with the Ontario Building Code. 22: Chimneys: (a) Any heating or cooking apparatus or equip- mment used 'n the process of burning fuel or combustible material shall be • properly vented to the outside air by, means of a smoke pipe vent pipe or similar adequate chimney (b) Such heating or cocking apparatus or cook- ing equipment shall be properly connected to the chimney Or flue by a permanently sealed connection (c) All canner Mans between gaseous and liquid fuel' burning appliances and equipment shall be maintained in good repair. (d) All gaseci's an,-) liquid fuel' burning appli- • ances and i•qupment shall comply with the relevant pievincial and/or municipal raga• lat�ors 23. Electrical Services: (a) Electrical fur,l.ties complying with the re- quuremPnts r,+ the Ontario Hydro shall be prqvidedtr6, u.l Residential accommoda- tion Cor'tmt}rrra I Industrial and Institution- al uses (b) Existing wi'ina and electrical equipment shall.be p.'od serviceable and safe condi- tion as rear red by the Ontario Hydro. 24. Light: All public Hallways and stairs in multiple dwellnegs skob hp i luminetod by natural pr artificial lip1 t nt nil times, se as to provide safe possooe 25. Occupancy Standards: No person sho)I use or permit the use of, a non -hob table room in a building for a habitable room purpose. (b) The maximum number of occ\ pants in a dwelling unit shall not exceed one person per 100 square feet of habitable room Races area any child under one year of age shall not be counted when computing the number of occupants and child over one year, but less than twelve years shall be deemed one-half person in the computation of the number of occupants. (a) (c) (d) (e) Section 5. (1) (2) (3) (4) Section 6. The minimum floor area of a room used by. only one person for sleeping shall be sixty (60) square feet. The minimum floor area of a room used by two or more persons for sleeping shall be (40) square feet per person using the room. The floor area under a ceiling which is less than 2.13 metres (7 feet) high shall not be counted for the purpose of computing habitable room space. "PROPERTY STANDARDS COMMITTE" A Property Standards Committeeis hereby established pursuant to Section 35 of The Planning Act. The Committee shall be composed of three (3) ratepayers of the Town of Wingham to be appointed by the Council of the Corpor- ation. The term of office for the members of the Committee shall be for three (3) years with one term expiring annually so that the first appointments shall be for one, two and three years. In the event of a vacancy in the member- ship Of the Committee, the Council of the Corporation shall forthwith fill the vacancy based on replies ,to an advertisement for the ratepayer which shall be published in the local newspapers. "ENFORCEMENT PROCEDURES" (1) Action to remedy an infraction, described in this By -Law, shall be commenced by the Officer only after, a signed written com- plaint requesting an investigation has been received by the Town of Wingham,- and, the Committee instructs the Officer to con.- duct on=duct the investigation. Upon instruction from the Committee, the Officer shall inform the owner of the com- plaint, and arrange for an inspection of the infraction outlined in the written complaint. Following the inspection, If the Officer is satisfied that, in some respect the property or structure does not comply with the stand- ards prescribed herein he shall: (a) Make an order to remedy the infraction within a 60 day time limit. (b) Provide a copy of the Property Standards By -Law to the owner. if no progress has been made after the al- ioted time has elapsed, to resolve the in-' fraction, the committee shall cause to be served upon, or send by prepaid registered. mail to such owner of the property and all persons shown by the records of the registry officer, the land titles office and the Sher- iff's Office to have any interest therein, an order containing; (a) date of first inspection, (b) date of second inspection, (c) municipal address and legal description of the property. (d) a list of ,all infractions noted against the structure and building, (e) final date for giving notice of appeal from the order to the Committee. orderthat all the infractions listed shall be corrected. When an owner or occupant upon whom on order has been served in accordance with this By -Law is not satisfied with the terms or conditions of the order stipulated in Section 6-5 he may appeal by registered mail to the Secretary of the Committee within fourteen (14) days after service of the order, and, in the event that no appeal is taken, the order shall be deemed to have been confirmed. (6) The Secretary of the Committee, in receipt of the notice of appeal referred to in Sub- section 6-6 shall: determine the date, place and time of the Hearing of the Appeal which shall take place not less than seven (7) days and not more than thirty (30) days from.. the date of .of receipt of the aforesaid notice; and (b) give notice in writing of the date, place and time of the hearing referred to in paragraph (a)'to: ' (i) the appellant,' (ii) the Officer who issued the order, and (iii) any other interested persons who appeared at the appearance held pur- suant to Section 6-5, said notice to be.served personally or by registered mail. The•Committee shall• hold the hearing referred to in Subsection. 7 at the dote, place and time set out in the notice. The Committee may adopt its own rules of procedure.' . The applicant may appear with or without Counsel at the hearing, to present his appeal, • „ (10) The Corporation may be represented at the bearing by on appointed representative of the Town. (11) The Committee may extend the time for complying with the order provided that, in the opinion of the Committee: (2) (3) ri (4) (5) (f) (7) (8) - (9) (a) (a) (b) (c) The owner has begun to correct the infrac- tions. Weather conditions have effected the work. Other justifiable problems resulting in a delay. The Commiftee shall give its decision .in writing. The Secretary of the Committee shall notify: the Appellant, the Officer,who issued the order, and any other person who appeared att the hear- . ing of the appeal, of the decision by caus- ing a copy to be served personally or by registered mail. (14) Honoraria may be paid to members of the Committee set by Council for each meeting attendee'. Section 7. Penalties A Penalty up to but not exceeding Five Hundred Dollars (5500.00) shall be levied upon on owner for each day that he is in contravention of an order that is final and binding, such penalty ta be recoverable under the Summary Conviction Act, Section S. "APPEAL TO ,JUDGE: The Municipality in which the property is situated or any owner or occupant or per- son affected by a decision under Section 6-4 may appeal to a judge of the County or District Court of the judicial district in which the property is located pursuant to Section 36. (19) of the Planning Act R.S O. 1970, Chapter 349 as amended. agreement was accepted by council, including its approval of a $200 deposit from those requesting a road be closed. The township's , road superintendent, Ross Nichol- son, was given authority to i' elate Turnberry's shed the township's labor and investigate the possibility of covering- the shed with reject steel from Stanley Door Sys- tems. Residents involved in the Fortune Drain are invited to attend a meeting with &until an Feta 10 at 9 n m The engineer will also be present. Council also decided to advertise tenders for far- mland rental on the north side of the Maitland River. It is part of Lot 15, Conc. 9 and 10. A county planner, George Penfold, will meet with council Feb. 13 at 8 p.m. regarding the secondary plan. A public meeting on the matter is slated for March. A building permit was granted to Councillor Doug Fortune for a mudroom on Lot 7, Conc. 9. Clerk Dorothy Kelly reported that the bylaw regarding the township's dog catcher was advertised in the paper and he is now on duty. Due to Reeve Don Eadie's illness Councillor Brian Mc- Burney acted as chairman for the meeting and has been given signing authority until the reeve can resume his duties. Apparently Mr. Eadie is recovering quickly and hopes to be home soon. Deputy Reeve Harold Elliott was unable to attend the meeting until 2 p.m. MAGNETIC SIGNS • For Cars, Trucks, . Offices „Mailboxes Eliminates costly lettering Removable. when trading or painting • LISTOWEL BANNER MOUNT FOREST CONFEDERATE WINGHAM ADVANCE -TIMES - TALK ABOUT ACTIN.. If You're in a HURRY to GE' RESULTS IT'S TIME Y u USED -T IE WINGHAM ADVANCE -TIMES Ward Ads 357.2320 PROCLAMATION WHEREAS The Association of•Kinsmen Clubs has been a vibrant; responsible, Canadian Associatioin.Op.lervice Clubs, devoted to the concept of .voluntary service .bye hundreds of thousands of members dedicated to serving their communities throughout Canada since its founding in Hamilton, Ontario -in 1920; and - WHEREAS The Association of Kinsmen Clubs has been cognizant of the needs of our town and has diligently sought the development and conduct of timely, relevant programs to meet the needs and challenges of our constantly changing society; and WHEREAS The Association of, Kinsmen Clubs are celebrating their Diamond Anniversary' on February 20, 1. 1980; and WHEREAS `The Association of Kinsmen Clubs are officially opening for the first time their own Headquart- ers Building in Cambridge, Ontario on February 23, 1980; and NOW, THEREFORE, I William E. Walden, Mayor of the Town of Wingham, feel that each citizen would welcome the opportunity to pause and reflect with pride the rich heritage of accomplishment throughout the sixty -years Kinsmen Clubs have been in existence in Canada as a result of their dedication and determination in serving their community's greatest need; do hereby declare February 20, 1980 KINSMEN DAY' and declare the week of February 18 KINSMEN WEEK: and urge all citizens to: salute their local Kinsmen Club of Wingham. IN WITNESS WHEREOF, I have here unto set my hand and caused the seal of the Town of Wingham to be affixed this 7th day of February 1980, Wm. E. Walden Mayor, Town of Wingham. NOTICE OF ANNUAL MEETING to ESTABLISHED 1873 �FARMERS' MUTUAL Ck FIRE INSURANCE COMPANY WROXETER, ONTARIO The 107th Annual Meeting of the Company will be held in the Wroxeter Community Hall, Wroxeter, Ontario. Wednesday; February 27/80 Al 1:30 p.m. Purpose: 1. To receive the Annual Statement and Auditor's Report. 2. To elect two Directors to replace Max Demaroy and eseorge Adams, both of whom are eligible for -re-elec- tion. 3. To amend by -low #33 - Directors Remuneration. 4. To consider amending the Company name to the "How - ick Mutual Insurance Company." 5. To appoint an auditor for 1980. 6. To transact any other business which may rightly come before the meeting. Rae M..Mlcha_I President a thuds Hesets!ss....._ Manager