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The Corporation of the
Town of Arnprior
By-law Number 6500-15
Being a By-law respecting the cleaning up of yards and vacant lots in the Town of
Arnprior.
Whereas Sections 11(2) clauses 5 & 6, 127, 128 and 131 of the Municipal Act 2001,
SO 2001 c. 25 as amended authorizes municipalities to pass by-laws for requiring the
cleaning and clearing of yards, for prohibiting the depositing of refuse on private and
public lands; and for prohibiting automotive wrecking yards; and
Whereas Section 127 of the Municipal Act 2001, S.O. 2001, c.25, as amended, permits
a municipality may pass by-laws requiring an owner or occupant of land to clean and
clear the land, not including buildings, or to clear refuse or debris from the land, not
including buildings and for regulating when and how such matters shall be done, for
prohibiting the disposal of refuse or debris on land without the consent of the owner or
occupant of land and for defining "refuse"; and
Whereas Section 446 of the Municipal Act 2001, SO 2001 c. 25 permits a municipality
to enact a by-law to require that a matter or thing be done by a person and in default,
the matter or thing may be done by the municipality at the person's expense and further
that the costs of doing so may be added to the tax rolls and collected in the same
manner as taxes; and
Whereas it is deemed desirable to enact this by-law to extend the useful life of
individual properties to enhance the quality of communities and neighbourhoods, and to
ensure the continued enjoyment of property for residents and property owners in the
Town of Arnprior;
Now Therefore the Council of the Corporation of the Town of Arnprior enacts as
follows:
1. Application
This by-law shall apply to all properties within the Town of Arnprior which are
used for residential, commercial, industrial and institutional purposes.
2. Definitions:
(a) "boulevard" means the area between the right of way limit and the curb.
Also referred to as "road edge" in this document. See also "inner boulevard"
and "outer boulevard".
(b) '"Corporation" means the Corporation of the Town of Arnprior;
(c) "inner boulevard" means that portion of the road edge between the curb
and the sidewalk.
(d) "notice" means a notice as set out in Appendix "A" of this Bylaw;
(e) "occupant" means the registered owner of property, tenant or occupant or
person for the time being managing or receiving the rent from the property,
whether on his own account or on account of an agent or trustee of any
person, or any one of the aforesaid;
(f) "officer" means a Municipal Law Enforcement Officer appointed by Council
of the Town of Arnprior, an agent and/or his or her designate assigned the
responsibility for enforcing and administering this by-law;
(g) "outer boulevard" means that portion of the road edge between the
sidewalk and the right of way limit.
(h) "property" means any parcel of land or registered water lot and, without
limiting the generality of the foregoing, shall mean lands and/or premises
appurtenant to a building or structure, whether residential, commercial,
industrial or institutional, and includes vacant property;
(i) "refuse" or "debris" means any article, thing or matter that has been cast
aside or discarded or abandoned, whether of any value or not, or that has
been used up in whole or in part, or expended, or worn out in whole or in part;
Without restricting the generality of the foregoing, refuse or debris may
include:
a. garbage, rubbish, junk or litter.
b. excessive accumulations or piles of grass clippings, tree and garden
cuttings, brush and leaves which are not part of a horticultural or
composting process;
c. unusable containers such as crockery, dishes, glassware, bottles,
plastic containers and cans;
d. discarded paper, paper products, cardboard, clothing;
e. discarded weighty or bulky materials such as stoves, refrigerators and
other such appliances, furniture, furnace parts, pipes, water or fuel
tanks;
f. any unused, abandoned, dismantled or inoperative vehicle;
g. any wrecked, dismantled, discarded vehicle or automotive parts or
accessories, mechanical parts, unmounted or mounted tires,
accessories or adjuncts to any vehicle or mechanical equipment;
h. any all-terrain vehicle, motor home, motorized snow vehicle, motorized
recreational vehicle or camper, traction engine, farm or lawn tractor,
road-building machine or a vehicle drawn, propelled or driven by any
kind of power, including horse power or manpower, boat, watercraft or
trailer or part thereof, which is in a wrecked, discarded, dismantled,
inoperative or abandoned condition unless it is necessary for the
operation of a business lawfully situated on the property;
i. broken concrete or asphalt pavement, patio/sidewalk slabs, unusable
building materials;
j. discarded, unused or waste materials resulting from or as part of
construction, alteration, repair or demolition of any building or
structure, or old or decayed lumber;
k. any refuse or debris, or any other materials, objects or conditions that
may create a health, fire or accident hazard;
l. dilapidated, collapsed or partially constructed structures which are not
currently under construction or repair;
m. discarded, dead, diseased, decayed or damaged trees or brush not
neatly stacked and intended for use for heating purposes;
(j) "repair" means the provision of such facilities and the making of additions or
alterations or the taking of such action as in restoring, renovating or mending
as may be required so that the property shall conform to the standards as
established in this by-law;
(k) "right-of-way" means the corridor of land owned by a municipality within
which a road is located. This includes the road pavement and boulevards on
either side.
(l) "vehicle" means an automobile, motorcycle, motor assisted bicycle, traction
engine, farm tractor or farm machinery, road building machine, construction
vehicle, bulldozer, backhoe, excavator, grader, asphalter, earth mover,
compactor, crane, lift, skid steer, generator, welder, street car or other vehicle
running only on rails, motorized snow vehicle, off road vehicle, trailer, boat,
bicycle, or any vehicle drawn, propelled or driven by any kind of power,
including but not limited to mechanical power, muscular power or wind power.
3. Scope
This By-law does not apply so as to prevent a farm operation or practice meeting
the definition of "agricultural operation" and "normal farm practice" under the
Farming and Food Production Protection Act, 1998, SO 1998, c.1 as amended
from carrying out a normal farm practice as provided for and defined under that
Act.
4. General Standards
a) Every owner, tenant or occupant of property shall maintain said property
clean and free from refuse and/or debris.
Commercial waste bins or dumpsters are not permitted on residential
properties except on a temporary basis during construction or demolition
projects which have been properly permitted by the Municipality.
b) Every owner, tenant or occupant of property shall keep the vegetation on the
property clean and cleared-up.
This shall mean the removal of noxious weeds from their property and the
cutting of grass so that its height is maintained not to exceed a maximum of
approximately 15 cm (6 inches).
c) Grass or improved surfaces adjacent to a particular private property, within
the right-of-way, between the private property and the road curb line or road
edge of pavement referred to as the inner or outer boulevard shall be
maintained in a state of good repair as set out in this by-law by the owner,
tenant or occupant of the private property, and kept in a clean, clear and safe
condition.
Property located in the following zones, as designated in the Town of Arnprior
Comprehensive Zoning Bylaw as amended, shall be exempt from the above
provision: Environmental Protection (EP), Open Space One (OS1), Open
Space Two (OS2), and any exception zones to these zones.
d) Every owner, tenant or occupant of property shall keep hedges, shrubs and
trees adjacent to a public sidewalk, walkway or roadway cut and trimmed so
as not to encroach into the sidewalk and to allow safe, unhindered passage
by pedestrians or vehicles.
e) No person shall throw, place or deposit, or permit any person to throw, place
or deposit, any refuse or debris as herein defined on any property within the
Town of Arnprior without the written consent of the property owner, and only
then in accordance with this by-law.
f) Every owner, tenant or occupant shall keep their property free and clear of
infestations of injurious insects, termites, rodents, vermin or other pests.
g) No owner, tenant or occupant of land shall use any land or structure in the
Town of Arnprior for storing used or inoperative motor vehicles or vehicle
parts for the purpose of wrecking them or salvaging vehicle parts thereof for
sale or other disposal, including the purposes of repairing other vehicles,
unless the land is permitted to be used for such purposes through the Town's
Comprehensive Zoning By-law and the owner or occupant holds a current
and valid license from the body holding jurisdiction to permit motor vehicle
salvage.
The above provisions shall not apply to owner, tenants or occupants who are
actively restoring not more than two vehicles, providing that the vehicles are
stored in an enclosed permanent structure and restoration work is located in
such a manner so as to be screened from view by neighbouring property
owners, tenants or occupants, or from adjacent roadways.
h) No owner, tenant or occupant of land shall keep a swimming pool, hot tub,
wading pool or artificial pond unless it is maintained in good repair and
working condition.
5. Liability
Pursuant to Section 448 of the Municipal Act, SO 2001, c. 25 as amended, no
proceeding for damages or otherwise shall be commenced against a member of
Council or an officer, employee or agent of the municipality or a person acting
under the instructions of the officer, employee or agent for any act done in good
faith in the performance or intended performance of a duty or authority under this
by-law for any alleged neglect or default in the performance in good faith of the
duty or authority.
6. Right of Entry
Pursuant to Section 435 and 436 of the Municipal Act, SO 2001, c.25 as
amended, an officer may enter upon property, at any reasonable time, for the
purpose of carrying out inspections of or on such property to determine whether
or not the provisions of this by-law are being complied with.
In accordance with the provisions of Section 426(1) of the Municipal Act, SO
2001, c.25 as amended, no person shall hinder, interfere with, or otherwise
obstruct, either directly or indirectly, an officer in the lawful exercise or power or
duty under this by-law.
7. Administration and Enforcement
a) When any property is not maintained to the requirements of this by-law, the
officer may notify the owner, tenant or occupant, or other person responsible
for the maintenance of the property, using the Notice in Appendix "A"
attached hereto, directing that the property be made to comply with the
provisions of the by-law within a defined period of time, but not less than 72
(seventy-two) hours from the date of the Notice. Said Notice shall be sent by
registered mail to the last known address as shown on the last revised
assessment rolls of the municipality or delivered personally to the owner,
tenant or occupant or person responsible for the property.
b) Notice shall be in the form as set out in Appendix "A" to this by-law.
c) Where a Notice has been sent pursuant to Section 7a) and the requirements
of the Notice have not been complied with, the officer may order that the work
be done at the expense of the owner, tenant or occupant.
An Order shall be sent by registered mail to the last known address as shown
on the last revised assessment rolls of the municipality or delivered personally
to the owner, tenant or occupant or person responsible for the property. The
expense incurred may be recovered by action or by adding the costs to the
tax roll and collecting them in the same manner as taxes, pursuant to Section
446(3) of the Municipal Act, SO 2001, c. 25, as amended. The municipality
has the option to apply a reasonable administration fee to this process should
it be necessary.
d) An Order shall be in the form as set out in Appendix "B" to this by-law.
e) In the case of a health, safety or fire hazard, an officer may order that the
hazard be removed forthwith without the Notice as described in Section 7a)
being completed.
f) In the event an officer is unable to serve a Notice and/or Order by registered
mail or personally, the Notice and/or Order may be posted in a conspicuous
place on the property, and the placing of the Notice and/or Order shall be
deemed to be sufficient service of the Notice and/or Order on the property
owner.
g) For clarity, where the owner, tenant or occupant fails to comply with an Order
issued under this by-law within the time specified for compliance, the Town in
addition to all other remedies:
i. shall have the right to enter in and upon the lands and to restore
the lands and carry out remedial action specified in the Order at
the owner's expense; and
ii. shall not be liable to compensate such owner, tenant or
occupant or any other person having interest in the property by
reason of anything done by or on behalf of the Town under the
provisions of this Section; and
iii. where any materials or things are removed in accordance with
this Section, the materials or things may be immediately
disposed of by the officer and any recovered salvage value or
other actual recovery of money made upon such disposal shall
be credited against costs; and
iv. where a vehicle has been removed, impounded, restrained or
immobilized according to Section 170(15) of the Highway Traffic
Act, RSO 1990, as amended, in violation of this by-law, all costs
associated with the removal, impoundment, restraining or
immobilization will be the responsibility of the registered owner
of the vehicle.
8. Offences
a) Any person who contravenes any provision of this by-law is guilty of an
offence, and upon conviction is liable to the penalties as provided for in
the Provincial Offences Act, R. S. O. 1990, c. P. 33 as amended.
b) A person who is convicted of an offence under this by-law is liable, for
each day or part of a day that the offence continues, to a minimum fine of
$200.00 and a maximum fine of $10,000.00 and the total of all of the daily
fines for the offence is not limited to $100,000.00 as provided for in
subsection 429(3)2 of the Municipal Act, 2001, S.O 2001, c.25, as
amended.
9. Validity
a) Should a court of competent jurisdiction declare a part or whole of any
provisions of this by-law to be invalid or of no force and effect, the provision or
part is deemed severable from this by-law. It is the intention of Council that
the remainder survives and be applied and enforced in accordance with its
terms to the extent possible under the law so as to protect the public by
ensuring a minimum standard for maintenance of yards is maintained.
b) Where a provision of this by-law conflicts with the provisions of another by-
law, Act or Regulation in force within the Town of Arnprior, the provisions that
establish the higher standards to protect the health and safety of persons
shall prevail.
10. Enactment
This By-law shall come into full force and effect on the day of its passing.
Enacted and passed this 14th day of September, 2015.
Original signed by
David Reid, Mayor
Maureen Spratt, Town Clerk
Appendix 'A'
By-law Number 6500-15
Town of Arnprior
Clean Yards By-law
Clean Yards Notice
Date Issued:
Issued to:
Address:
Reference
An inspection has revealed that a provision or provisions of a municipal by-law is being
contravened. You are hereby directed to correct the following violation(s) within ______
days/hours. Charges may be forthcoming if the violation is not corrected within the time
shown above. This Notice does not authorize continuance of the violation(s).
Municipal By-law
Violation(s)
If you wish to discuss this matter further with the officer, please contact the undersigned
at (613) 809 - 7048.
Officer Name and Signature:
Date and Time:
Appendix 'B'
to By-law Number 6500-15
Clean Yards By-law
Clean Yards Order
Date Issued:
Issued to:
Address:
Reference
An inspection has revealed that a provision or provisions of a municipal by-law is being
contravened. You are hereby directed to correct the following violation(s) within ______
days/hours. Charges MAY be forthcoming if the violation is not corrected within the time
shown above. This Order DOES NOT authorize continuance of the violation(s).
Municipal By-law
Violation(s)
If you wish to discuss this matter further with the officer, please contact the undersigned
at (613) 809 - 7048.
Officer Name and Signature: _________________________________________
Date and Time: _________________________________________
Town of Arnprior
Clean Yards By-Law Number 6500-15
Part 1 Provincial Offences Act
Item*
Column 1
Short Form Wording
Column 2
Section Creating
Offence
Column 3
Set Fine
1.
Fail to Maintain Property -
Refuse / Debris
Section 4.a)
$200.
2.
Commercial Waste Bin/Dumpster
- Prohibited
Section 4.a)
$200.
3.
Fail to Maintain Property -
Noxious Weeds and /or
Overgrowth
Section 4.b)
$200.
4.
Fail to Maintain surfaces adjacent
to private property
Section 4.c)
$200.
5.
Fail to Maintain hedge and /or
tree
Section 4.d)
$200.
6.
Littering
Section 4.e)
$200.
7.
Permit Littering
Section 4.e)
$200.
8.
Permit Infestation -
insects/rodents/vermin
Section 4.f)
$200.
9.
Storage Prohibited
Section 4.g)
$200.
10.
Pool / Hot Tub / Pond - Not
Maintained
Section 4.h)
$200.
Plus VSC = $35.00
COSTS = $5.00
* Note:
The general penalty provision for the offences indicated above is Section 8 of By-law
No. 6500-15, a certified copy of which has been filed.