The Municipal Law Enforcement Division is responsible for the investigation and enforcement of the Property Standards By-Law. The Officers are appointed by Council under the authority of the Municipal Act and the Police Services Act.
The purpose of the Property Standards By-Law is for prescribing standards for the maintenance and occupancy of property within the City, for prohibiting the occupancy or use of property that does not conform to the standards, and for requiring property that does not conform with the standards to be repaired and maintained (or for the site to be cleared of all Buildings, structures, debris or refuse and left in a graded and leveled condition).
The Property Standards By-Law is in effect not only to assist the occupier of any property but also the owner of the property. Both the occupier and the owner of the property are required to conform to the standards set forth in the Property Standards By-Law.
PROCEDURE FOR FILING A COMPLAINT
Complaints will be accepted by the Municipal Law Enforcement Office only in written form. The complainant must provide their full name, address and phone number (complaints are confidential until such time as the complainant may be asked to testify in support of the complaint). Also a description of what the problems are will be requested.
The Property Standards Officer will then make arrangements to come and view the property and any deficiencies will be noted at this time. The property owner will then be notified of the items that are in contravention of the By-Law and arrangements will be made for an appropriate time frame for the deficiencies to be corrected.
FREQUENTLY ASKED QUESTIONS
Q. When does my heat have to be turned on?
A. The Owner of every Building which is rented or leased as a Dwelling and which, as between the tenant or lessee and the landlord, is heated by or at the expense of the landlord shall, between the fifteenth (15th) day of September in each year and the thirty-first (31st) day of May of the following year, provide every Dwelling Unit with Adequate and Suitable heat.
Q. What temperature does my dwelling have to be maintained at?
A. “Adequate and Suitable” heat means a minimum air temperature within a Dwelling Unit of twenty (20) degrees Celsius (equivalent to sixty-eight (68) degrees Fahrenheit).
Q. As the owner of the property I try to keep things maintained and in good working order but the occupiers of the property keep breaking/damaging things. Why should I bother trying to keep things repaired?
A. As the owner it is your responsibility to keep things repaired. Contact the Ontario Rental Housing Tribunal for further information.
Q. What are some general or basic duties of the occupants in a dwelling unit?
A. A few duties of all occupants include, but not limited too limiting the number of occupants in the Dwelling Unit to the maximum number permitted by this or any By-law of the City, or under any applicable Provincial legislation and maintain all plumbing, cooking, refrigerating appliances and fixtures and all storage facilities and other equipment in the Dwelling Unit in a Clean and Sanitary condition. Occupants also need to keep all exits from the Dwelling Unit clean and unobstructed; and maintain the Dwelling Unit in a Clean and Sanitary condition.
Q. What are the general provisions for maintaining properties?
A. Every Owner shall repair and maintain its property in accordance with the standards prescribed in this By-law.
All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code, the Ontario Fire Code, and the Fire Prevention and Protection Act, where applicable.
All repairs and maintenance of property required by the standards prescribed by this By-law shall be carried out by the Owner or occupant, as applicable, in a manner acceptable in the trades concerned and with materials suitable and sufficient for the purpose.
NOTICE TO PROPERTY OWNER
Where a permit is required to undertake any repair required to conform to the standards as prescribed in this Order, it is the responsibility of the Owner to obtain any such permit.
CAUTION: Failure to remedy such deficiencies within the time prescribed may result in:
A fine not exceeding fifty thousand dollars ($50,000.00), exclusive of costs for each offence if found guilty of a contravention of the By-Law by a Justice of the Peace of the Ontario Court of Justice; and/or, The Corporation of the City of Kawartha Lakes carrying out the repairs or other work at the expense of the Owner. All expenses incurred by the Corporation of the City of Kawartha Lakes in doing said works, including but not limited to materials, labour, equipment, administration and legal expenses, shall be paid by the owner of the lands and premises and shall be charged against the property and the amount shall be deemed to be municipal real property taxes and may be added by the clerk of the municipality to the collector’s roll and collected in the same manner and with the same priorities as municipal real property taxes.
Section 20 of The Building Code Act, 1992, states that no person shall obstruct the visibility of an order and no person shall remove a copy of any order posted under this Act unless authorized to do so by an inspector or officer.
To file a complaint download this form and deliver the filled out copy to the City of Kawartha Lakes, Municipal Law Enforcement, 180 Kent St. W. Second Level, Lindsay, ON K9V 2Y6
For more information or to speak with an Officer call (705) 324-9411 ext 1212 or toll-free 1-888-822-2225 ext 1212. You can also email firstname.lastname@example.org
Other tenant and landlord information may be obtained by calling the Landlord & Tenant Board toll-free 1-888-332-3234 or www.ltb.gov.on.ca