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THE CORPORATION OF THE TOWN OF BLIND RIVER
BY-LAW NO. 17-04
Being a By-Law of The Corporation of The Town of Blind River to provide for
maintaining land in a clean and clear condition.
WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a local municipality may require the 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 to regulate when and how these matters shall be done, and to
prohibit the depositing of refuse or debris on land without consent of the owner or
occupant of the land, as well as to define “Refuse” for the purpose of this section;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or cause
public nuisances;
AND WHEREAS Section 131 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may prohibit and regulate the use of land for the
storage of motor vehicles for the purpose of wrecking or dismantling them or salvaging
parts from them for sale or disposition;
AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
provides that a municipality may create offences for contraventions of by-laws and
section 429 provides for the authority to establish fines for such offences;
AND WHEREAS Section 444 of the Municipal Act, 2001, $.O. 2001, c. 25, as
amended, provides that where a municipality is satisfied that a contravention of a by-law
passed under this Act has occurred, the municipality may make an order requiring the
person who contravened the by-law or who caused or permitted the contravention or the
owner or occupier of the land on which the contravention occurred to discontinue the
contravening activity;
AND WHEREAS Section 445 of the Municipal Act, 2001, 8.0. 2001, c. 25, as
amended, provides that where a municipality is satisfied that a contravention of a by-law
has occurred, the municipality may make an order requiring the person who contravened
the by-law or who caused or permitted the contravention or the owner or occupier of the
land on which the contravention occurred to do work to correct the contravention;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes municipalities to direct that where an owner has defaulted, the
By-Law #17-04
Page 2 of 10
municipality may have default remedied at the owner’s expense and add the cost to the
tax roll;
NOW THEREFORE, the Municipal Council of the Corporation of the Town of Blind
River ENACTS AS FOLLOWS:
TITLE
This by-law shall be known and may be cited as the “Clean Yards By-law”
1. DEFINITIONS
In this By-law:
1.1 “Boat” means any vessel which floats on the surface of the water and is capable
of carrying people or material whether motorized or not and includes but not
limited to pleasure craft, scows, personal water craft, canoes, row boats, pontoon
boats and commercial boats, when on the water or on land;
1.2 “Domestic Waste” means any debris, rubbish, garbage, article, matter or effluent
usually belonging to or associated with a residence, household or dwelling unit
and includes but is not limited to the following examples:
1.2.1 Accumulation or deposit of grass clippings, weeds, brush, tree and garden
cuttings;
1.2.2 Litter, food remains, rubbish, and trash, excluding properly kept and
maintained compost piles;
1.2.3. Refrigerators, freezers, stoves or any other appliance or furniture;
1.2.4 Furnace, furnace parts, pipes, fittings to pipes, water or fuel tanks;
1.2.5 inoperative motor vehicles, vehicle parts and accessories, and vehicle tires
mounted or unmounted on rims;
1.2.6 Paper, cartons, cardboard, clothing;
1.2.7 New or used material resulting from or once used for the purpose of
construction, alteration, repair or demolition of any building or structure;
By-Law #17-04
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1.3
1.4
1.2.8 Cans, glass, plastic containers, dishes or crockery;
1.2.9 Rubble, including concrete, bricks, asphalt, patio or sidewalk slabs;
1.2.10 Human or animal waste;
“Industrial Waste” means any debris, rubbish, garbage, article, matter or effluent
belonging to or associated with industry or commerce or concerning or relating to
manufacture or concerning or related to any trade, business, calling or occupation
but is not limited to the following examples:
1.3.1 Articles, things, matter or effluent which in whole or in part or fragments
thereof, are derived from or are constituted from or consist of, agricultural,
animal, vegetable, paper, lumber, or wood products, or mineral, metal, or
chemical products;
1.3.2 Inoperative motor vehicles, vehicle parts and accessories, vehicle tires
mounted or unmounted on rims;
1.3.3 Mechanical equipment, mechanical parts, accessories or adjuncts to
mechanical equipment;
1.3.4 Piping, tubing, conduits, cable and fittings or other accessories or adjuncts
to the piping, tubing, conduits or cable;
1.3.5 Containers of any size, type or composition;
1.3.6 Material resulting from, or as part of, construction or demolition projects;
1.3.7. Paper, cardboard, packaging or wrapping;
1.3.8 Rubble, inert fill;
1.3.9 Bones, feathers, hides;
“Inoperative boat” means a boat having missing bodywork, components or parts,
or damaged components, parts, bodywork, glass or deteriorated or removed metal
adjunctions, which prevent it from functioning in the way for which it was
originally designed;
By-Law #17-04
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1.5
1.6
1.7
1.8
1.9
1.10
1.11
“Inoperative motor vehicle” means a vehicle having missing bodywork,
components or parts, including tires or damaged components, parts, bodywork,
glass or deteriorated or removed metal adjunctions, which prevent it from
functioning mechanically in the way for which it was originally designed and
includes a vehicle which does not have valid license plates for the current year
whether or not it is inoperative;
“Natural Garden” shall mean a defined area of vegetation that has been
deliberately planted or cultivated with species of wildflowers, shrubs, perennials,
ornamental grasses or combinations of them, consistent with a managed and
natural landscape.
“Officer” means a Municipal Law Enforcement Officer for the Corporation of the
Town of Blind River;
“Ornamental Grass” means a grass planted primarily for its ornamental value or
for screening purposes in a natural garden.
“Owner” means the registered owner of the property and, for the purpose of this
By-law, includes any lessee or tenant, occupant or any person having an interest
whether equitable or legal in the land;
“Person” shall include all transients, owners, tenants and occupiers of lands
within the municipality, and shall include any individual, association, firm,
partnership, incorporated company, corporation, agent or trustee, and the heirs,
executors or other legal representatives of a person to whom the context can apply
according to law;
“Refuse” shall mean debris, domestic waste and/or industrial waste as defined in
this By-law and materials or effluent that, in the opinion of the Officer:
1.11.1 appears to have been cast aside, discarded or abandoned; or
1.11.2 appears to be worthless or useless or of no practical value; or
1.11.3 appears to be used up, in whole or in part, or expended or worn out in
whole or in part;
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1.12
1.13
1.14
1.15
2.1
2.2
2.3
2.4
2.5
2.6
“Stagnant water” means non-flowing, motionless or stale water that remains in a
location;
“Structure” means anything constructed or erected, the use of which requires
location on the ground or attached to something having location on the ground
and, without limiting the generality of the foregoing, includes a recreational
vehicle, a sign, a swimming pool, a deck, and an individual on-site sewage
services (i.e. septic tank).
“Town” shall mean The Corporation of the Town of Blind River;
“Noxious weed” means, as defined in the Weed Control Act, R.S.O. 1990, c. W5,
as amended, a plant that is deemed to be a noxious weed under subsection 10 (2)
or designated as noxious weed under clause 24 (a) of that Act;
GENERAL PROVISIONS
No person shall fail to keep their grounds, lands or vacant lot in an orderly, tidy
and litter-free manner.
No person shall fail to keep their lands free and clear of all refuse of any kind,
except when screened or contained pursuant to written instructions of the
Municipal Law Enforcement Officer.
No person shall use any land or structure within the Town for dumping or
disposing or storing or keeping of refuse of any kind.
Subsection 2.2 and 2.3 above do not apply to the following:
2.4.1 land or structures used by the Town for the purpose of dumping or
disposing of refuse;
2.4.2 land designated by By-Law of the Town for the purpose of disposing of
refuse.
No person shall fail to maintain their land clean and free from any dead, diseased,
decayed or damaged trees or other natural growth.
No person shall fail to remove or destroy any Noxious Weeds located on their
land.
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2.7
2.8
2.9
2.10
or ll
M2
No person shall fail to keep their land, their lawn, all grass (excluding Ornamental
Grass in a natural garden), other non-noxious weeds and other vegetation cut and
trimmed so as to be no more than 8 inches (20 cm) in height and of a reasonably
neat appearance.
No person shall fail to keep their land free and clear of stagnant water by draining
it or by implementing a strategy for reducing mosquito breeding that has been
approved by an Officer. This section shall not apply to lands designated
Environmental Protection I (EPI) in the Town’s Official Plan or to marshes,
swamps, bogs and fens.
Except as permitted in the Town’s Zoning By-law, as amended, no person shall
fail to keep their land clean and free from the following:
2.9.1 inoperative motor vehicles or motor vehicles to be wrecked or dismantled
for their parts for resale or otherwise;
2.9.2 inoperative boats or boats to be wrecked or dismantled for their parts for
resale or otherwise; and
2.9.3 wrecked, dismantled, unlicensed or discarded trailers or trailers to be
wrecked or dismantled for their parts for resale or otherwise.
Article 2.9 does not apply to inoperative motor vehicles or inoperative boats being
restored or used for restoration parts as long as inoperative vehicle or inoperative
boats are stored in back yard not visible to the public.
ORDERS
If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order, known as a Work Order, requiring the person who
contravened the By-law or who caused or permitted the contravention or the
owner or occupier of the land on which the contravention occurred to do work to
correct the contravention.
The Work Order shall set out:
By-Law #17-04
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3.3
3.4
3.5
3.6
i
3.8
3.2.1 reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
3.2.2 the work to be done and the date by which the work must be done.
A Work Order may be served personally upon the person to whom it is directed to
or sent by regular mail to the address shown on the last revised assessment roll or
to the last known address.
The Officer may, through the Work Order, require the owner to:
3.4.1 clean, clear or remove from the land or structure any refuse of any kind;
3.4.2 cease using the land or structure for the dumping or disposing of refuse of
any kind;
3.4.3. cover over, screen, shield or enclose the refuse in the manner prescribed by
the Officer;
3.4.4 drain stagnant water or implement another strategy to reduce mosquito
breeding.
A Work Order under Section 3.1 may require work to be done even though the
facts which constitute the contravention of the By-law were present before the By-
law making them a contravention came into force.
No person shall fail to comply with a Work Order issued pursuant to Section 3.1.
If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order, known as a Discontinue Activity Order, requiring the
person who contravened the By-law or who caused or permitted the contravention
or the owner or occupier of the land on which the contravention occurred to
discontinue the contravening activity.
The Discontinue Activity Order shall set out:
3.8.1 reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
By-Law #17-04
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3.9
3.10
3.11
4.1
4.2
4.3
4.4
3.8.2 the date by which there must be compliance with the Discontinue Activity
Order.
A Discontinue Activity Order may be served personally upon the person to whom
it is directed to or sent by regular mail to the address shown on the last revised
assessment roll or to the last known address.
No person shall fail to comply with a Discontinue Activity Order issued pursuant
to Section 3.7.
In the event the Officer is unable to serve an Order under the provisions of this
By-law, the Order shall be posted in a conspicuous place on the property, and the
placing of the Order shall be deemed to be sufficient of the Order on the property
owner.
REMEDIAL ACTION
When an Order has been issued to direct or require an owner or person to do a
matter or thing, in default of it being done by the person directed or required to do
it, the Town may cause the matter or thing to be done at the person’s expense.
The Town may cause anything to be done that was provided for in an Order,
including causing any of the following to be done:
4.2.1 clean, clear or remove refuse of any kind;
4.2.2 cover over, screen, secure, shield or enclose refuse in the manner prescribed
by the Officer;
4.2.3 correct, eliminate or drain stagnant water or implement another strategy to
reduce mosquito breeding.
Where any of the matters or things are removed in accordance with Section 4.1,
the matters or things may be immediately disposed of.
The Town shall recover the expense in doing a matter or thing referred to in
Section 4.1 by action, or by adding the costs to the tax roll and collecting them in
the same manner as property taxes.
By-Law #17-04
Page 9 of 10
5 ENTRY AND INSPECTION
5.1 An Officer may, at any reasonable time, enter and inspect any land or premises to
5.2
5.3
6.1
6.2
7.1
7.2
7.3
determine whether the provisions of this By-law or any direction or order made
there under is being complied with.
An owner shall permit an Officer to inspect any land, property or premises for the
purpose of determining compliance with this By-law.
An Officer may be accompanied by a person under his or her direction.
OBSTRUCTION
No person shall hinder or obstruct or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
Any person who has been alleged to have contravened any of the provisions of this
By-law, shall identify themselves to the Officer upon request, failure to do so shall
be deemed to have obstructed or hindered the Officer in the execution of his
duties.
PENALTY
In addition to any other remedy available to the Town, every person who
contravenes a provision of this By-law and every Director or Officer of a
Corporation who knowingly concurs in a contravention by the Corporation of a
provision of this By-law, is guilty of an offence under the provisions of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended.
Every person who contravenes a provision of this By-law and every Director or
Officer of a Corporation who knowingly concurs in a contravention by the
Corporation of a provision of this By-law, is guilty of an offence and liable on
conviction to a penalty where the minimum fine shall not exceed $10,000
exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c.
25, as amended.
For the purpose of continuous offences, every person who contravenes a provision
of this By-law and every Director or Officer of a Corporation who knowingly
concurs in a contravention by the Corporation of a provision of this By-law, is
guilty of an offence and liable on conviction to a fine not exceeding $10,000,
By-Law #17-04
Page 10 of 10
exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c.
25, as amended.
7.3.1 Notwithstanding Section 7.3 and the provisions of the Municipal Act, 2001,
S.O. 2001, c. 25, as amended, the total of all daily fines for the offences is
not limited to $100,000.
7.4 For the purpose of multiple offences, every person who contravenes a provision of
this By-law and every Director or Officer of a Corporation who knowingly
concurs in a contravention by the Corporation of a provision of this By-law is
guilty of an offence and liable on conviction to a fine not exceeding $10,000,
exclusive of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c.
25, as amended.
7.4.1 Notwithstanding Section 7.4 and the provisions of the Municipal Act, 2001,
S.O. 2001, c. 25, as amended, the total of all daily fines for the offence is
not limited to $100,000.
8 EFFECTIVE DATE
8.1 This By-law shall come into force and take effect on the date of passing.
Passed this 16" day of January, 2017.
' S\ Fenden Mayor
K. Scott Clerk
Certification By The Clerk:
I, K. Scott, Clerk Administrator of the Corporation of the Town of Blind River, do hereby
certify that the above is a true certified copy of By-law No. 17-04 which was passed in
open council on the 16 day of January, 2017.
K. Scott Clerk
Town of Blind River
Part | Provincial Offences Act
By-Law # 17-04 Maintaining Land In a Clean and Clear Condition
ITEM COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
Short Form Wording Provision Set Fine Total Payable
creating or
defining
offence
1. Fail to keep land in tidy and Sec. 2.1 $100.00 $125.00
orderly manner.
2. Fail to keep land clear of Sec. 2.2 $100.00 $125.00
refuse.
3. Use land or structure for Sec. 2.3 $100.00 $125.00
the storing or keeping of
refuse.
4, Fail to maintain land free Sec. 2.5 $100.00 $125.00
from dead or damaged
tree.
5. Fail to destroy Noxious Sec. 2.6 $100.00 $125.00
Weeds.
6. Fail to keep grass or lawn Sec. 2.7 $100.00 $125.00
below 8 inches in height.
7. Fail to keep land from Sec. 2.8 $100.00 $125.00
stagnant water.
8. Fail to keep land from Sec. 2.9.1 $100.00 $125.00
inoperative motor vehicle.
9. Fail to keep land from Sec. 2.9.2 $100.00 $125.00
inoperative boat.
10. Fail to keep land from Sec. 2.9.3 $100.00 $125.00
unlicensed trailer.
11. Fail to comply with a Work Sec. 3.6 $100.00 $125.00
Order.
12, Fail to comply with a Sec. 3.10 $100.00 $125.00
Discontinue Activity Order.
13. Hinder or obstruct an Sec. 6.1 $300.00 $365.00
officer exercising a power.
“NOTE: The penalty provision for the offences indicated above is section 61 of the Provincial
Offences Act, R.S.O. 1990, c. P.33”.