Property Standards By-Law
Before contacting the city about a possible breach of the property standards bylaw, notify your landlord about possible deficiencies within your rental unit. Give a reasonable time frame that you would expect the deficiencies to be corrected.
TENANT RESPONSIBILITY
Although a letter notifying your landlord would be the best way to reinforce our actions, your notification to the landlord by phone is accepted. Contact us if the landlord fails to correct problems at 613-546-4291, extension 3280. You can visit the Property Standards office at 1211 John Counter Blvd. anytime between 8:30 - 4:30 p.m.
ACTION
The tenant will be contacted by a Property Standards Inspector to arrange a suitable time for an inspection to confirm the deficiencies when there is no indication the problem is being corrected. This will be done within two weeks of receipt of your notice to us.
After the inspector confirms the deficiencies, an Order will be sent to the owner or agent listing deficiencies to be repaired within a prescribed time.
An inspection will be made after the compliance date to confirm if the repairs have been done, if complete the file is closed.
Where the owner fails to resolve the deficiencies in the Order and does not appeal the Order, the Order becomes final and binding. The City may then commence Legal action.
APPEALS
An owner may appeal the order issued by the Property Standards Inspector to the Property Standards Committee, c/o the City Clerk's Office within 14 days after being served with the Order.
The Property Standards Committee may rescind, amend or confirm the Order and may extend the time to do the work.
An owner may appeal the Committee's decision to a Judge of the Ontario Court (General Division) for an appointment within 14 days after the sending of the decision. The Court may rescind, amend or confirm the Order. The Order of the Court becomes final and binding.
LEGAL ACTION
Once an Order is final and binding and where there is no attempt to correct the deficiencies, the City may take legal action against a property owner. Charges may be laid under the Building Code Act.
The fines under the Building Code Act are a maximum of $25,000 for an individual for the first offence, and a maximum of $50,000 for each subsequent offence. The fines for a corporation are a maximum of $50,000 for the first offence and a maximum of $100,000 on subsequent offences.
SUMMARY
In many cases tenants are able to resolve problems with the landlord without the City's help. In cases where the problems are not resolved, the City will intervene to have violations corrected.
CONTACT INFORMATION
Building Section Office
Tel: 613-546-4291, extension 3280
Email: buildingdepartment@cityofkingston.ca
