Property Standards

The current By-law is over 20 years old and no longer adequately addresses the needs of the community, particularly for issues related to the condition, safety hazards, and maintenance of properties outside of the Town’s designated Corridor. The update is intended to ensure that all properties across the municipality are maintained to standards that promote public safety, aesthetic value, and the overall well-being of the community. 

The updated by-law includes several important updates including: 

• Expansion to cover all areas of the municipality
• Transition of infractions from the Provincial Offences Act (POA) to the Town’s Administrative Monetary Penalty (AMP) System
• Inclusion of natural gardens, naturalized properties, and town-owned lands
• Enhanced buffering requirements for Commercial and Industrial zoned properties
• More detailed standards for the maintenance of grading and drainage systems
• Introduction of standards for Heritage properties

Whereas the current by-law only applies to properties within the Town’s designated “corridor”, the proposed by-law will apply to every owner of property situated within the Town of The Blue Mountains. 

The Administrative Monetary Penalty (AMP) system offers a more efficient and cost-effective alternative to the traditional provincial court process. It will allow Municipal Officers to directly issue fines and take enforcement action, reducing delays and minimizing unnecessary burdens on the court system. This streamlined approach aims to improve the enforcement and resolution of property-related issues. 

A natural garden is a defined area that is intentionally cultivated with non-invasive, native and/or naturalized wildflowers, shrubs, perennials, grasses or combinations of them, consistent with a managed and natural landscape.

A naturalized property is land owned by the Town of the Blue Mountains, County of Grey, the Provincial or Federal Government or Conservation Authority that is maintained in a natural state for recreational, environmental protection, or for the benefit of biodiversity. 

Under the updated by-law, both natural gardens and naturalized properties are to be maintained in a manner that complies with the General Standards for All Properties. 

Town staff acknowledge that the language of the By-law does open it up to subjectivity. However, this does not make it invalid if a complaint is received. By-law Officers are obligated to investigate all complaints received by the department. The Property Standards By-law is intended to be used for complaint-based enforcement, not for proactive enforcement. If a complaint is received, the by-law is there to allow Officers to work with the property owner and complainant to achieve compliance if there are any violations found.

No. By-law Officers cannot enter your home at any time. The Building Code Act gives officers the authority to inspect property. This does not include any room or place actually used as a dwelling. The authority of By-law Officers will always be subject to the scrutiny of the Canadian Charter of Rights and Freedoms. Any actions conducted beyond the scope of their legislated authority may constitute an unlawful search, and/or the offence of Trespass to Property.

Section 15.2(1) of The Building Code Act, 1992, S.O. 1992, c.23 allows for the “Inspection of property without warrant.” Where a by-law under this section is in effect, an officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine whether the property conforms with the standards prescribed in the by-law, or whether a previous order has been complied with. 

During an inspection, section 15.8(1) gives an officer the authority to: 

• Require the production for inspection of documents of things, including drawings or specifications, that may be relevant to the property or any part thereof
• Inspect and remove documents or things relevant to the property or parts thereof for the purpose of making copies or extracts 
• Require information from any person concerning a matter related to a property or part thereof 
• Be accompanied by a person who has special or expert knowledge in relation to a property or part thereof 
• Alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection 
• Order the owner or the property to take any supply, at the owner’s expense, such tests and samples as specified in the order

There are a few scenarios that would allow for a By-law Officer to enter your home. In accordance with Section 16(1) of The Building Code, entry would be permitted if: 

• The consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under the Act 
• A warrant issued under this Act is obtained 
• The delay necessary to obtain a warrant of the consent of the occupier would result in an immediate danger to the health or safety of any person 
• The entry is necessary to terminate a danger under subsection 15.7(3) or (15.10(3) 
• The requirements of subsection (2) are met and the entry is necessary to remove a building or restore a site under subsection 8(6), to remove an unsafe condition under clause 15.9(6)(b) or to repair or demolish under subsection 15.4(1)

No. The Building Code is enforced proactively, not retroactively. For example, consider a deck railing that is in good repair, but lower than what is required by current Building Code. A Building Inspector or By-law Officer cannot issue a ticket or force the owner to change it, because it was likely compliant with the Building Code at the time it was constructed.

Municipalities are created by provincial legislation. The Municipal Act, 2001, sets out the general jurisdiction for municipalities to pass by-laws. These by-law making powers include the power to amend or repeal by-laws. Sections 10 and 11 of the Municipal Act set out the types of matters for which municipalities may pass by-laws. Property standards are included as one of these matters.