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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW Number 2013-70
Being a By-Law to require and regulate the filling up, draining, cleaning,
clearing of any grounds, yard and vacant lots in the
Township of Asphodel-Norwood.
WHEREAS Section 127(a) to (b).of the Municipal Act, 2001, (S.O. 2001, c~ 25),
as amended, provides that by-laws may be passed by the councils of local
municipalities for requiring the owner or occupant to keep lands clear of refuse
and debris;
AND WHEREAS, Section 127(b) of the Municipal Act, 2001, (S.0.2001,c.25) as
amended, provides that by-laws may be passed by the councils. of local
municipalities to regulate when and how matters required under Section 127(a)
shall be done;
AND WHEREAS, Section 127(c) of the Municipal Act, 2001, (S.O. 2001, c.25) as
amended, provides that by-laws may be passed . by the councils of local
municipalities to prohibit the depositing of refuse or debris on land without the
consent of the owner or occupant of the land;
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AND WHEREAS, Section 127(d) of the Municipal Act, 2001, (S.O. 2001, c.25) as
amended, provides that by-laws may be passed by the councils of local
municipalities to define "refuse" for the purpose of this section;
AND WHEREAS, Section 131(1) of the Municipal Act 2001, (S.O. 2001, c.25) as
amended, provides that by-laws may be passed by the council of local
municipalities to prohibit and regulate the use of any land for the storage of used
motor vehicles for the purpose of wrecking or djsmantling them or salvaging parts
from them for sale or other disposition;
AND WHEREAS, Section 131(2) of the Municipal Act 2001, (S.O. 2001, c.25) as
amended, provides that by-laws may be passed by the council of local
municipalities providing that a municipality may enter upon land and into
structures at any reasonable time to determine if a by-law of the municipality
under this section is being complied with;
AND WHEREAS, the Council of the Corporation of the Township of Asphodel-
Norwood considers it desirable to pass such a by-law._
1. Definitions in this by-law:
(1) Building means a structure consisting of a wall, roof or any of them or a
structural system serving the function thereof.
(2) By-law Enforcement Officer means a by-law ·enforcement officer
appointed by by-law of the Township of Asphodel-Norwood .
(3) Discarded motor vehicle means a vehicle which is unlicensed, and which
is in disrepair, having missing parts, including tires, or damaged or missing
glass or deteriorated or removed parts which prevent its mechanical
function.
(4) Highway means a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct, trestle, navigable waterway,
including the area between the lateral property lines that is intended for the
use of the general public.
·
(5) Land includes yards, or vacant lots or any part . o~ a lot which is not
beneath of a building.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW Number 2013-70
(6) Municipality 111eans the Corporation of the Township of Asphodel-
Norwood.
(7) Owner when used in relation to property means:
(i) the assessed owner of the property,
(ii) where the property is included in a description registered under the
Condominium Act, the Board_ of Directors of the condominium corporation
(iii) a person authorized in writing by the owner as defined in Clause (i), or
(ii) to act on the owner's behalf.
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(8) Refuse includes waste, debris or garbage of any kind whatsoever and
without limiting the generality the foregoing includes: ·
(i) accumulations, litter, remains, rubbish, trash;
(ii) discarded furnaces, furnace parts, pipes, pipe fittings;
(iii) discarded motor vehicles, vehicle parts and accessories, vehicle tires
mounted or unmounted on rims, mechanical equipment;
. (iv) garden refuse and trimmings, weeds and grass greater than 20cm (8
inches) in height;
(v) material from construction and demolition project;
(vi) paper, cardboard, clothing, crockery, glass, cans, containers;
(vii) refrigerators, freezers, stoves, or other appliances, and
furniture;
(viii) discarded boats or part thereof.
(9) Yard means the land appurtenant to any building.
2. No person shall keep lands in a condition of which could create a fire or
accident hazard.
3. No person shall throw, place, or deposit refuse on:
(1) Private property,
(2) Property of the municipality or any board thereof without authorization
from the owner of such land.
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4. No person shall use land for the storage of discarded motor vehicle(s) or parts
thereof except in accordance with the following:
(1) The vehicle and parts are stored in an enclosed building, or
(2) The vehicle and parts are fully and completely covered with a canvas
or similar opaque, weather resistant tarpaulin in good repair, in which case
no more than one (1) such covered vehicle shall be permitted in a yard.:.
(3) This section shall not apply to the storage of motor vehicles and parts
which are reasonably necessary for the conduct of a bona fide business,
lawfully conducted on the property, and provided the number of discarded
motor vehicles stored on the property in public view shall not exceed six at
any given time.
5. Every owner of land shall:
(1)
Keep such land clean and .clear of old decayed lumber, discarded
machinery, garbage, refuse, rubble, ruins, waste or discarded material of
any kind.
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(2) Fill up any excavation in or on the land.
(3) Ensure that no person shall use any land within the municipality for
dumping or disposing or stor.ing or keeping of garbage, ·refuse or waste of
any kind.
6. Every owner of land shall within (7) seven days after delivery of a notice in
writing from the By-law· Enforcement Officer requiring such owner to do so, shall:
(1) Fill up any excavation in or on the premises;
(2) Clean and clear the premises of any old decayed lumber, discarded
machinery, discarded motor vehicle or any parts thereof, garbage, refuse,
rubble, ruins, waste or discarded material of any kind;
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW Number 2013-70
(3) For the purpose of this by-law "clean" includes the rem'oval of weeds
or grass more than 20 cm. (8 inches) in height and the removal of stock
piles of soil or other aggregate material not required to complete the
grading of the lot on which the stock pile is located.
7. The notice in Section 6 shall be delivered to the owner or mailed by prepaid
registered first class. mail to the address of the owner as shown on the last
revised assessment roll and the sending of the above mentioned notice shall be
deemed within the meaning of Section 6 of this by-law. Every notice sent by the
by-law enforcement officer shall identify the land or structure.
In the event that the By-law Enforcement Officer is unable to serve such notice
under the provisions of the section, the notice shall be posted in a conspicuous
place on the property, and the placing of the notice shall be deemed to be
sufficient service of the notice on the property owner.
8. (1) The bylaw enforcement officer may inspect the use of any land or structure
for the purpose of determining whether;
. (a) The .land is used for the dumping or disposing of garbage, refuse or
waste of any kind.
(b) The land is used for the storing of used motor vehicles for the purposes
of wrecking or dismantling them or salvaging parts thereof for one's own
use, sale or disposal;
(c) The owner and lessee or occupant has complied with any notice sent
by the by-law enforcement officer;
(2) Every owner, ·1essee or occupant shall permit the by-law enforcement officer
to inspect land for the purpose of sub-section (1 ).
9. (1) Where the owner and the lessee or occupant is in default of doing the
matter or thing required be done under this by-law, the by-law enforcement officer
may:
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(a) fill up, drain, clean or clear up the grounds, yard or vacant lands;
(b) remove refuse or debris;
(c) remove garbage, refuse or waste;
(d) cover over, screen, shield or enclose refuse;
(e) remove used motor vehicles stored for the purpose of wrecking or
dismantling them or salvaging parts thereof for one's own use, sale or
. other disposal;
(2) Where any of the matters or things are removed in accordance with
subsection(1), the matters or things may be immediately.disposed of by the bylaw
enforcement officer;
(3) Where every .owner and lessee or occupant is in default on any of the
provisions of this by-law, the municipality or its servants or agents may carry out,
or cause to be carried out, on behalf of the municipality the work required to be
done by this by-law at the expense of the property owner and the municipality
shall recover the expense incurred in doing it in a like manner as municipal taxes.
10. Every owner and lessee or occupant who contravenes any provisions of this
by-law is guilty of an offence and; upon conviction, is liable to a fine of not more
than five thousand ($5,000.) dollars exclusive of costs recoverab.le under the
provincial offences act.
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11. In the event of any conflict between this by-law and any other by-law of the
municipality, the more restrictive provision shall prevail unless the context
requires otherwise.
12. That this by-law shall come into force and effect immediately upon the final
passing thereof.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW Number 2013-70
Read a first, second and third time and finally passed this 13th day of August,
2013,
I
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