The Council of the Corporation of the Town of Kearney is seeking applications from residents to join the Property Standard’s Committee. Any interested applicants should fill out an application form and send it by email to admin@townofkearney.ca. Applications may also be dropped off in person at the Municipal Office during business hours. For more information, please see application and Schedule A (page 15) of the Property Standards By-law.
Purpose
The Town of Kearney has set out standards to ensure property owners maintain their properties within the community. The Property Standards By-law regulates items of safety and general upkeep of properties and buildings.
If the property does not conform to the by-law, a Property Standards Officer investigates and determines if the Property Standards By-law has been violated. If so, a Property Standards Order is issued to the owner. Orders are issued for violations of certain Ontario Building Code and Municipal By-Law standards for residential, multiple residential and commercial properties.
The Property Standards Committee is a quasi-judicial body appointed by Council to consider appeals to orders issued by the Property Standard Officer. It is the Committee's role to make an informal, impartial decision.
Terms of Reference
The Committee has the following powers under the Ontario Building Code Act.
- Confirm the Order or Orders served by the Municipality
- Quash the Order
- Amend the Order or extend the deadline for compliance
Examples of property not complying with the Property Standards:
- Properties laden with debris
- Unsightly vegetation
- Conditions that constitute a health, fire or accident hazard
The Committee will be familiar with general rules of procedure before administrative tribunals, admissibility of evidence, and the relevant provisions under the Ontario Building Code Act.
The Municipality may want a lawyer to attend some Committee meetings, in certain cases, to defend municipal interests.
Frequency of meetings
As required.
Process Summary
If an owner disagrees with the order or a portion of the order, they may appeal to the Property Standards Committee. The Committee conducts a public hearing to address the appeal makes decisions to confirm, modify and rescind the order to demolish or repair, and to extend time for complying with the order.
The Property Standards Committee considers appeals from owners or occupants who have been served with an order in regards to property standards made under subsection 15.2 (2) of the Building Code Act.
On receipt of an appeal, the Property Standards Committee has all the powers and functions of the officer who made the order and the Committee 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:
- Confirm, modify or rescind the order to demolish or repair.
- Extend the time for complying with the order. 2002, c. 9, 2.24.