2023-064 By-law to Establish the Terms of Reference for the Property Standards Committee and to Appoint Members to the Property Standards Comittee and to repeal by-law No. 2019-029The Corporation Of The Township Of Oro-Medonte
By -Law No. 2023-064
Being a By -Law to Establish the Terms of Reference for the Property Standards
Committee and to Appoint Members to the Property Standards Committee
and to repeal By -Law No. 2019-029
"Property Standards Committee"
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") and to establish a Property Standards
Committee;
And Whereas on June 14, 2023 Council of the Township of Oro-Medonte enacted
and passed By-law 2023-043 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 2022-2026 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, 2026, unless otherwise legislated.
5. That By -Law No. 2019-029 be repealed in its entirety.
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By-law read a First, Second and Third time, and Passed this 12th day of July,
2023.
The poration of,the Township of Oro-Medonte
Mayor, Randy Greenlaw
Q A.
Cle14, Yvonne Aubichon
el„,
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Schedule "A" to By-law No. 2023-064
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 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.
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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.
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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.
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Schedule "B" to By-law 2023-064
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 Stephen Wells
1.2 Richard Gore
1.3 Jennifer Robinson
1.4 Igor Kochkine
1.5 Joshua Battiston
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