Clean Yards By-law No. 17-04 (Town of Blind River)

Blind River, Ontario · No. 17-04 · adopted 2017-01-16 · summary & facts

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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 Page 3 of 10 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 Page 4 of 10 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; By-Law #17-04 Page 5 of 10 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. By-Law #17-04 Page 6 of 10 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 Page 7 of 10 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 Page 8 of 10 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”.