Loading...
2019-029 Establish the Terms of Reference for the Property Standards Committee and to Appoint Members to the Property Standards CommitteeThe Corporation of The Township Of Oro-Medonte By -Law No. 2019-029 Being a By -Law to Establish the Terms of Reference for the Property Standards Committee and to Appoint Members to the Property Standards Committee "Property Standards Committee By-law" Whereas Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly to enhance the municipality's ability to respond to municipal issues; And Whereas Section 11(2) and 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower -tier municipality may pass by-laws subject to the rules set out in Section 11(4); And Whereas Section 15.6(1) of the Building Code Act, 1992, S.O. c. 23 provides that a by-law prescribing the standards of maintenance and occupancy of property within the municipality passed under Section 15.1 shall provide for the establishment of a Committee composed of such persons, not fewer than three, as the Council considers advisable to hold office for such term and on such conditions as the by- law may establish; And Whereas By-law 2018-012 was enacted and passed by Council of the Township of Oro-Medonte, a by-law Prescribing Standards for the Maintenance and Occupancy of the Property ("Property Standards") rand to establish a Property Standards Committee; And Whereas on December 13, 2017 Council of the Township of Oro-Medonte enacted and passed By-law 2017-165 a by-law to govern the proceedings of Council and Committees/Technical Support Groups of Council; And Whereas the Council of the Corporation of the Township of Oro-Medonte deems it desirable and necessary to establish Terms of Reference and to appoint members to the Property Standard Committee for the 2019-2022 term of Council. Now Therefore, the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. That the appointments to the Property Standards Committee shall be confirmed as listed in Schedule "A" to this By-law. 2. That changes to Schedule "A" to this By-law maybe necessary due to vacancies created for various reasons. It will be deemed acceptable for Council to authorize such changes by resolution(s). The resolution(s) shall be in effect only until a new By-law is enacted at the beginning of a new term of Council. 3. That all non -elected members of the Property Standards sit at the discretion of Council and may be removed during their term for reasons of health, business, insufficient interest or any other reasons. 4. This By -Law shall come into force and effect on the date of its final passing and will expire on November 30, 2022, unless otherwise legislated. Page 1 of 6 By-law read a First, Second and Third time, and Passed this 27th day of March, 2019. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hjjghes Page 2 of 6 Schedule "A" to By-law No. 2019-029 Property Standards Committee 1.0 Committee Members That the persons identified on Schedule 'B" attached hereto are hereby appointed as members of the Oro-Medonte Property Standards Committee for the term of Council that appointed them or until their successors are appointed. Where a member ceases to be a member before the expiration of their term, Council may appoint another eligible person for the unexpired portion of the term. 2.0 Terms of Reference The Property Standards Committee shall have all statutory duties as defined under Sections 15.1 to 15.8 of the Building Code Act, 1992, S.O. 1992, Chapter 23, as amended. 3.0 Composition 3.1 The Committee members shall be appointed by Council and will consist of a minimum of three (3) non -elected members. 3.2 Resignations shall be tendered in writing to the Chair. The Chair shall advise Council through the Township Clerk and or their designate. Subject to the remaining term, a replacement member shall be appointed at the discretion of Council. 3.3 Any appointed member shall be deemed to have resigned themselves from their respective appointments if they have missed three consecutive meetings without being authorized to do so by a resolution of the Council entered upon its minutes. 3.4 Each Committee member shall be paid as per the current by-law setting remunerations of Council and Committee members. 3.5 Chair: One member shall be chosen by the majority vote of the Committee at the first of each new Term to Chair the meetings and oversee the business of the Committee for that Term. 3.6 Acting Chair: An Acting Chair for the same duration will be chosen by the majority vote of the Committee. The role of the Acting Chair is that of Chair when assuming the role of Chair in their absence due to illness or otherwise. 3.7 Secretary: Township staff will fulfill the role of Secretary for the Committee. The role of the Secretary is to keep on file the records of all official documentation of the Committee, including records of all applications and minutes of all decisions respecting those applications. Section 253 of the Municipal Act, 2001, applies with necessary modifications to the minutes and records. 4.0 Meetings and Minutes 4.1 The Committee shall hold meetings and shall forward all decisions and minutes to Council 4.2 All Committee meetings shall be open to the public. 4.3 The Committee members shall elect a Chair from the among its members. A Secretary will be provided by the Township to record all Committee meetings. 4.4 In the conduct of Committee business all members of the Committee shall have equal voting rights, including the Chair. 5.0 Quorum 5.1 A majority of the Committee members constitute a quorum at meetings. 5.2 Where a member of the Committee resigns, quorum shall be the majority of the remaining members. Page 3 of 6 6.0 Agent of the Municipality 6.1 In carrying out the provisions of this by-law, the Committee shall at all times be the Agent of the Municipal Corporation and while acting bona fide within the limits of the authority of this by-law, neither the Committee nor any member shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this paragraph shall authorize or empower the Committee to incur any debt, liability or obligation for which the Municipal Corporation shall become liable without having previously obtained the consent of the Council of the Corporation of the Township of Oro-Medonte. 7.0 Responsibilities 7.1 All meetings of the Committee to hear an appeal filed pursuant to the Act shall be called by the Chair of the Committee, after being notified by the Director, Development Services/Chief Municipal Law Enforcement Officer that an appeal has been received. 7.2 The Director, Development Services/Chief Municipal Law Enforcement Officer shall send notices of appeal and decisions of the Committee to the owner or occupant of the property in which the lands are the subject of the appeal. 7.3 In consultation with the Chair, the Secretary may cancel or reschedule an appeal hearing if there are no appeals to be heard at a scheduled meeting. 8.0 Appeal Hearing Procedures 8.1 An appeal hearing of the Committee shall be called to order by the Chair, or in the absence of the Chair, by their designate. 8.2 The Chair shall determine if any member has a Conflict of Interest. If a member declares a conflict they shall remove themselves from the hearing. 8.3 Generally, after an appeal hearing is called to order, the Chair shall call for any requests for deferral of an appeal or any requests for withdrawal of an appeal. 8.4 An appeal shall only be deferred upon reasonable cause as determined by the Committee. 8.5 Generally, after all requests for withdrawal have been made and all requests for deferral have been considered, the Secretary shall call each appeal in the order in which it appears on the agenda or in such other order as the Committee determines. 8.6 The Property Standards Officer will present all of their evidence, including witnesses to support the Order. The Appellant and the Committee may question all such evidence presented by the Officer. 8.7 The Committee shall provide each Appellant with an opportunity to present their appeal. The Property Standards Officer and the Committee may question all such evidence presented by the Appellant. 8.8 The Committee shall permit both the Property Standards Officer and the Appellant the right to re -call any of their own witnesses, for the purpose of clarification of evidence already before the Committee. 8.9 The Committee shall provide any person having an interest in an appeal to express their comments with respect to the appeal. 8.10 The Committee shall provide the Appellant or Property Standards Officer an opportunity to respond to any comments, correspondence, or proposed conditions brought forward at the appeal. 8.11 When considering an appeal, the Committee shall have all the power and functions of the Property Standards Officer who made the Order, and may do any of the following things if, in the Committee's opinion, doing so would maintain the general intent and purpose of the by-law and of the Official Plan or Policy Statement: 8.11.1 Confirm, modify or quash the Order, or 8.11.2 Extend the time for complying with the Order. Page 4 of 6 9.0 Voting 9.1 Once all of the evidence has been heard in respect of the appeal, the Committee will deliberate on their decision and enact a resolution stating their decisions based on the options identified in Section 8.11. 9.2 The Chair shall ask the members of Committee for a motion with respect to the disposition of the appeal. The Chair, upon receipt of a motion from a member of the Committee, shall ask for a seconder for the motion. Once the motion has been moved and seconded, the Chair shall call for a vote on the motion and each member of the Committee shall vote on the motion openly and individually and the Chair shall announce the decision of the Committee. 9.4 Where there is a tie vote on a motion, the motion shall be defeated and a new motion brought forward. 9.5 The decision is final and binding on all parties. No further discussions will take place once the decision is made known. No further communications, whether oral or written, will be made to the Committee by the Appellant or the Property Standards Officer. Any further concerns regarding the decision will be dealt with through the court appeal process. 10.0 Notice of Decision 10.1 Members of the Committee concurring in a decision of the Committee shall sign the Notice of Decision and the names of members present who did not concur in the decision shall be noted in the Notice of Decision. 10.2 Notice of the decision to an Appealed shall be prepared by the Secretary and mailed to all parties involved. Page 5 of 6 Schedule "B" to By-law 2019-029 That the following persons are hereby appointed as members of the Oro- Medonte Property Standards Committee for the term of Council that appointed them or until their successors are appointed. Where a member ceases to be a member before the expiration of their term, Council may appoint another eligible person for the unexpired portion of the term: 1.1 Laura Elchyshyn 1.2 Doug Humphries 1.3 Robert Barlow 1.4 Connie Simo 1.5 Joe Rudnick Page 6 of 6