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THE CORPORATION OF THE TOWNSHIP OF BECKWITH
BY-LAW NO. 2012-03
BEING A BY-LAW TO PROVIDE FOR THE SAFETY OF PROPERTIES
WHEREAS Council has the authority to pass by-laws for the health, safety and
welfare of the municipality and it’s inhabitants including, without limiting its
generality;
NOW THEREFORE the Council of the Corporation of the Township of Beckwith
hereby enacts as follows:
PART 1
COMMUNITY DEVELOPMENT AREA
1. “Community Development Area” means the settlement centre
developments in the Greater Black’s Corners, Franktown, Prospect,
Ashton, Gillies Corners and including any plans of subdivision.
2. No person shall excavate and leave said land in an excavated condition
unmarked for longer than fourteen (14) days unless there is an
exceptional circumstances.
3. No derelict vehicle, scrap and/or junk material including, without limiting its
generality, wrecked, dismantled, unused, unlicensed or non-restorable
vehicles, trailers, machinery, tools, tires, appliances, equipment or any
part thereof shall be parked, stored, moored or left on lands or water front
property unenclosed except in an establishment licensed or permitted to
conduct and operate such a business, and only then under circumstances
that prevent unsafe or unsightly conditions.
4. Every yard, including vacant lots, shall be kept clean and free from:
(1) appliances such as refrigerators, stoves and freezers and are
not permitted to be used as places of storage;
(2) wrecked, dismantled, discarded or abandoned machinery or
vehicles unless it is necessary for the operation of a business
enterprise lawfully situated on the property; and
(3) dilapidated, collapsed or partially constructed structures which
are not currently under construction that poses a safety hazard.
5. Compost heaps shall not be located in any front yard. All compost heaps
located within a rear and/or a side yard must meet the accessory structure
setbacks set out in the Municipality's Zoning By-Law.
6. Accessory buildings and other structures shall be maintained in
structurally sound condition and in good repair pursuant to the Building
Code.
10.
Buildings, dumpsters or structures used for the storage of garbage,
rubbish, ashes and other refuse, prior to disposal, shall be deemed to be
accessory buildings or structures within the meaning of this by-law and the
current Municipal Zoning By-Law and shall be deemed as temporary for
only a 14 day period unless the property owner can demonstrate an
_ exceptional circumstance exists.
PART 2
RURAL LANDS
“Rural Lands” means all lands situated within the Township of Beckwith
save and except for the areas locally known as Greater Black’s Corners,
Franktown, Prospect, Ashton and Gillies Corners as shown on Schedule
“A” attached hereto and made part of this By-Law.
No derelict vehicle, scrap and/or junk material including, without limiting its
generality, wrecked, dismantled, unused, unlicensed or non-restorable
vehicles, trailers, machinery, tools, tires, appliances, equipment or any
part thereof shall be parked, stored, moored or left on lands or water front
property unenclosed except in an establishment licensed or permitted to
conduct and operate such a business, and only then under circumstances
that prevent unsafe or unsightly conditions.
Every yard shall be kept clean and free from:
(1) rubbish or debris and objects or conditions that may create a
health, fire, or accident hazard;
(2) appliances such as refrigerators, stoves and freezers and
permitted to be used as places of storage, only if such
appliances are out of site;
(3) wrecked, dismantled, discarded or abandoned machinery or
vehicles unless it is necessary for the operation of a business
enterprise lawfully situated on the property; and
(4) dilapidated, collapsed or partially constructed structures which
are not currently under construction that poses a safety hazard.
11.
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PART 3
ENFORCEMENT
By-Law Enforcement Officer (“Officer”) means a municipal employee who
has been assigned the responsibility of administering and enforcing this
by-law.
Any By-Law Enforcement Officer, or Peace Officer, or any person acting
on the Officer’s instructions, may at all reasonable times and upon
producing proper identification, enter onto any property for the purpose of
inspecting the property to determine whether there has been a
contravention of this By-Law.
An officer who finds a contravention of this By-Law may, in addition to any
other legal remedies or enforcement proceedings available to the
municipality, make an order directing compliance with this By-Law and
may require the order to be carried out immediately or within such time as
is specified in the order.
The order shall be served by personal service or registered mail on the
owner of the property as appears on the last revised rolls of the
municipality, and any other person whom the officer believes is
contravening this By-Law.
The order shall contain sufficient information to specify the nature of the
contravention, its location, a description of the work required to bring the
property into conformity with this By-Law, and a statement that failure to
comply with the order within the time specified shall entitle the municipality
itself or by its contractors or agents to enter onto the property without
further notice ford the purpose of performing the work set out in the order
and otherwise brining the property up to the standards prescribed; by this
By-Law and recovering all expenses incurred in so doing by action or in
like manner as municipal taxes.
Notwithstanding the foregoing, if upon inspection of a property, an officer
is satisfied that the property poses an immediate danger to the health or
safety of any person, the officer may perform or cause to be performed at
the owner’s expense such remedial repairs or other work necessary to
terminate the immediate danger.
Every person who fails to comply with an order issued under the
provisions of this By-Law, or who contravenes any other provision of this
By-Law is guilty of an offence and on conviction is liable to a minimum fine
of not less than $500.00 and not more than the maximum fine of
$5,000.00.
lf an owner or occupant of a property fails to comply with an order issued
pursuant to this By-Law, the Municipality shall have the right to enter onto
the property without further notice and to carry out such work as to
otherwise bring the property up to the standards prescribed in the order at
the expense of the owner, and the municipality shall recover the expense
of performing such work by action or in like manner as municipal taxes.
19. Any owner or occupant of a property, who has been served an order, may
appeal this order, or any part thereof to the Council of The Corporation of
the Township of Beckwith. -
20. Any owner or occupant of a property who is appealing an order, or any
part thereof, to Council must do so within twenty-one (21) days of receipt
of the order.
PART 4
GENERAL
21. That this By-Law shall come into force and take effect from the final date
of reading.
22. This By-Law shall be referred to as the “Property By-Law’.
BY-LAW READ a first time and second time this 3 day of January, 2012.
BY-LAW READ a third time, passed, signed and sealed in open council this 34
day of January, 2012.
st x Korth Ne &Y
Richard Kidd, Reeve Cynthia Moyle, Clerk