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unofficial consolidation, the official version is held by the municipal clerk.
This is an office consolidation of By-law #97-17 and amendments thereto. For accurate
reference you should consult the original by-laws that are retained by the Clerk
BY-LAW NUMBER 97-17 (As amended by By-law 34-22 & 57-25)
- of -
THE CORPORATION OF THE COUNTY OF BRANT
To regulate yard maintenance
WHEREAS the Council of the Corporation of the County of Brant is desirous of enacting a by-
law to regulate Yard maintenance and ensure a standard of general Yard cleanliness;
AND WHEREAS Section 127 of Municipal Act, 2001, S.O. 2001, c.25 authorizes the Council
to pass by-laws to require the Owner or Occupant of land to clean and clear the land, not including
buildings, or to clear Refuse from the land, not including buildings; and further to regulate when and
how matters required under clause shall be done; and to define Refuse for the purpose of this section;
AND WHEREAS Section 128 of Municipal Act, 2001, S.O. 2001, c.25 authorizes Council to
pass by-laws to 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 10(2)(6) of Municipal Act, 2001, S.O. 2001, c.25 authorizes Council
to pass by-laws to regulate matters not specifically provided for in the Act or any other Act for
purposes related to the health, safety and well-being of the inhabitants of the municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF BRANT
HEREBY ENACTS as follows:
1.
DEFINITIONS
(a)
"Council" shall mean the Council of the Corporation of the County of Brant.
(b)
"County" shall mean the Corporation of the County of Brant.
(c)
"Compost" means contained or open composting of discarded organic
material including plant material such as leaves, grass clippings, and kitchen
waste, but does not include animal matter.
(d)
"Fence" means a vertical Structure including a railing, hedge, line of posts,
shrubs, wire, gate boards or pickets or other similar substances used to
enclose or divide in whole or in part a Yard or other land or to establish a
boundary line.
(e)
"Good Repair" means maintained in such condition so as to be free from
accident or fire hazard, structurally sound, in good working order, and not
unsightly by reason of deterioration, damage or defacement.
(f)
"Municipal Law Enforcement Officer" shall mean any person appointed as
such by the County.
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By-law Number 97-17
(g)
"Lot" means a lot of record or any parcel of land described in a deed or other
document legally which is capable of being alienated or disposed of
separately and apart from adjacent lands.
(h)
"Naturalized Area" means a portion of a Lot containing Vegetation which is
allowed to reproduce a population of native species through natural
regeneration.
(i)
"Negative Impact" shall mean one or more of:
(i)
harm or material discomfort to any person;
(ii)
an adverse effect on the health of any person;
(iii)
impairment of the safety of any person;
(iv)
loss of enjoyment of normal use of Property; or
(v)
interference with the normal conduct of business.
(j)
"Occupant" means any Person or Persons over the age of eighteen years in
possession of Property.
(k)
"Owner" includes the Person for the time being managing or receiving the
rent of the land or premises, whether on the Person's own account or as agent
or trustee of any other Person or who would so receive the rent if such land
and premises were let, and shall also include a lessee or occupant of the
Property who, under the terms of a lease, is required to repair and maintain
the Property in accordance with the standards of maintenance and
occupancy for the Property.
(l)
"Person" means an individual, firm, corporation, association, partnership,
trust organization, trustee or agent and the heirs, executors, administrators
and other legal representatives of a person to whom the context can apply
according to law.
(m)
"Property" means a building or Structure, or part of a building or Structure and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile Structures, outbuildings, Fences and erections
thereon whether heretofore or hereafter erected and includes vacant
property.
(n)
"Receptacles" shall mean a closed container which prevents the escape of
odours and the access of animals, except with regard to Recyclables where
it shall mean a blue box.
(o)
"Recyclables" shall mean recyclables as define in the County Solid Waste
Bylaw.
(p)
"Refuse" shall mean matter that is reasonably useless or discarded material,
and includes ashes, garbage and domestic, commercial, agricultural,
industrial and institutional waste other than sewage, but shall exclude
Compost kept in accordance with section 6 (f) of this by-law.
(q)
"Structure" means anything constructed or erected, the use of which requires
location on or in the ground, or attached to something located on or in the
ground, but does not include the permanent way of a railway or any paved
surface located directly on the ground.
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By-law Number 97-17
(r)
"Unsafe Condition" shall mean a condition that poses or constitutes an undue
or unreasonable hazard or risk to life or health of any person on or about the
Property, and includes a structurally unsound condition.
(s)
"Vegetation" means any woody or herbaceous plant material other than
mature trees and includes shrubs, undergrowth, brush, weeds and grasses.
(t)
"Weed" means a plant that is deemed to be a noxious weed under the Weed
Control Act R.S.O. 1990, c.W.5.
(u)
"Yard" means an area of land which is appurtenant to, and located on the
same Lot as a building, Structure or excavation and is open, uncovered and
unoccupied from the ground to the sky.
2.
APPLICATION OF BYLAW
The provisions of this by-law shall apply to all Property located in the County of Brant, unless
otherwise indicated.
3.
SHORT TITLE
This by-law may be referred to as the "Yard Maintenance By-law".
4.
SCOPE OF BYLAW
(a)
Except as provided in subsection 4.(b), where a provision of this By-law
conflicts with a provision of another by-law in force in the County of Brant,
the provision that establishes the higher standard shall prevail in order to
protect the health, safety and welfare of the general public.
(b)
Nothing in this by-law applies to prevent storage otherwise permitted by the
County, provided such storage is in the manner described in the terms of
the permission.
(c)
Nothing in this by-law serves to prohibit a normal farm practice under the
Farming and Food Production Protection Act, 1998, S.O. 1998, c.1.
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By-law Number 97-17
5. GENERAL
(a)
Every Owner or Occupant shall ensure that all repairs and maintenance of
Property required by the standards prescribed by this by-law and schedules
thereto shall be carried out in a manner accepted as good workmanship in
the trades concerned and with materials suitable and sufficient for the
purposes.
(b)
Every Owner or Occupant shall maintain their Property in conformance with
the minimum standards as set out in this by-law.
6. YARD MAINTENANCE STANDARDS
Every Owner or Occupant shall ensure that all properties are free from:
(a)
Objects or conditions such as holes, pits, excavations and trenches, that
might create a fire, health or accident hazard unless otherwise legally
permitted;
(b)
the storage or accumulation of commercial, industrial, agricultural,
institutional or domestic materials, lumber and other building materials
except if neatly piled and arranged and provided said storage is;
i.
authorized and consistent with the terms of a development
agreement if applicable; and
ii.
permitted and in compliance with the County of Brant Zoning By-law;
or
iii.
is being stored to be used for construction or renovation purposes on
that Property and is stored for a period of time not to exceed 6
months;
(c)
abandoned, unattended or discarded appliances;
(d)
abandoned wells, cisterns, cesspools, privy vaults, pits or excavations that
are not permanently sealed or secured by Fence or cover, or netting unless
the above or any of them are in active use, in which event they shall be
secured by fencing with warning signs until they have ceased use;
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By-law Number 97-17
(e)
privately owned pool or pond where the water is not maintained a sanitary
condition, free from obnoxious odours and conditions that create a
breeding pond for insects and that have a Negative Impact on neighbouring
properties;
(f)
Compost that exceeds a volume of 2 cubic metres or has a negative impact
on neighbouring properties;
7. GRASS AND VEGETATION
Every Owner and Occupant shall ensure that Vegetation on all Property is maintained as follows:
(a)
is free of Weeds;
(b)
Is free from unsightly and unreasonable overgrowth;
(c)
(Repealed By-law 34-22)
(d)
in areas where the ground cover is grass, the grass is cut to a height of 20
centimetres or less;
(e)
Vegetation other than trees or shrubs in Naturalized Areas, on a Property
with a residential use abutting another residential use, shall be maintained
at a height of 20 centimetres or less along a minimum one metre wide strip
along and immediately adjacent to all Lot lines;
(f)
Vegetation other than trees or shrubs in Naturalized Areas, on a Property
without a residential use, shall be maintained at a height of 20 centimetres
or less along a minimum ten metre wide strip immediately adjacent to any
Lot line that adjoins a highway or occupied Property;
8. REFUSE AND RECYCLABLE STORAGE AND DISPOSAL
Every Owner and Occupant shall ensure that the storage, handling and disposal of Refuse and
Recyclables on all Property complies with the following:
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By-law Number 97-17
(a)
is promptly stored in Receptacles;
(b)
is maintained in a manner that will not attract pests or create a health or
safety hazard or cause a Negative Impact on neighbouring properties;
9. ENFORCEMENT
Municipal Law Enforcement Officers, as appointed by County by-law, are authorized to enforce
the provisions of this by-law.
10. POWERS OF ENTRY RE INSPECTION
Pursuant to sections 435 and 436 of the Municipal Act, 2001 any employee, officer or agent of the
County may without notice, and upon producing the proper identification upon request, enter on
land at any reasonable time for the purpose of carrying out an inspection to determine whether or
not the following are being complied with.
(a)
this by-law; or
(b)
an order made under Section 431 of the Municipal Act, 2001.
11. INSPECTION POWERS
Pursuant to section 436 of the Municipal Act, 2001, any employee, officer or agent of the County
carrying out an inspection pursuant to this By-law may:
(a)
require the production for inspection of documents or things relevant to the
inspection;
(b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)
require information from any Person concerning a matter related to the
inspection; and
(d)
alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
12. POWER OF ENTRY DWELLING UNIT
Pursuant to section 437 of the Municipal Act, 2001, a Person exercising a power of entry on behalf
of the County under this By-law shall not enter or remain in any room or place actually being used
as a dwelling unit unless:
(a)
the consent of the Occupant is obtained, the Occupant first having been
informed that the right of entry may be refused, and if refused, may only be
made under the authority of an order issued under section 438, a warrant
issued under section 439 or a warrant issued under section 386.3;
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By-law Number 97-17
(b)
an order issued under section 438 of the Municipal Act, 2001 is obtained;
(c)
a warrant issued under section 439 of the Municipal Act, 2001 is obtained;
(d)
a warrant issued under section 386.3 of the Municipal Act, 2001 is obtained;
(e)
the delay necessary to obtain an order under section 438, to obtain a
warrant under section 439, or to obtain the consent of the Occupant would
result in an immediate danger to the health or safety of any Person.
13. POWER OF ENTRY PURSUANT TO AN ORDER
Pursuant to section 438 of the Municipal Act, 2001, where an employee, officer or agent of the
County has made a reasonable attempt to obtain the Occupant's consent to conduct an inspection
and has been unable to exercise the powers of inspection, the County may, pursuant to section
438 of the Municipal Act, 2001 obtain an order authorizing the County to enter on land for the
purpose of carrying out an inspection.
14. ORDER TO DISCONTINUE
Pursuant to section 444 of the Municipal Act, 2001, where the County is satisfied that a
contravention of this By-law has occurred, the County may make an order requiring the Person
who contravened the by-law or who caused or permitted the contravention or the Owner or
Occupant of the land on which the contravention occurred to discontinue the contravening activity.
The order shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred;
(b)
the date by which there must be compliance with the order.
15. OFFENCE-CONTRAVENE ORDER TO DISCONTINUE
No Person shall contravene an order to discontinue issued pursuant to this bylaw.
16. WORK ORDER
Pursuant to section 445 of the Municipal Act, 2001, where the County is satisfied that a
contravention of a by-law of the municipality passed under this or any other Act has occurred, the
County may make an order requiring the Person who contravened the by-law or who caused or
permitted the contravention or the Owner or Occupant of the land on which the contravention
occurred to do work to correct the contravention.
An order 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. The
order shall set out:
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By-law Number 97-17
(a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
(b)
the work to be done and the date by which the work must be done.
17. OFFENCE-CONTRAVENE WORK ORDER
No Person shall contravene a work order issued pursuant to this bylaw.
18. REMEDIAL ACTION
Pursuant to section 446 of the Municipal Act, 2001, where the County has the authority under this
By-law or under any Act to direct or require a Person to do a matter or thing, in default of it being
done by the Person directed or required to do it, the County may enter upon land at any
reasonable time, to perform the work at the Person's expense and may recover the costs from the
Person directed or required to do it, by action or by adding the costs to the tax roll and collecting
them in the same manner as property taxes.
18.1 SERVICE OF ORDERS
An order may be personally delivered, posted in a conspicuous location on the property, or served
by registered mail. An order posted on the property is considered served. Where an order is
mailed via registered mail, the Order shall be deemed to be delivered earlier upon receipt of the
order by the addressee or on the fifth (5th) day following the date of mailing.
19. OFFENCE-OBSTRUCTING OFFICER
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who is exercising
a power or performing a duty under this by-law.
20. SEVERABILITY
Where any section or sections of this by-law or parts thereof that are found in any court of law to
be of no force and effect or beyond the power of Council to enact, such section or sections or
parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall
be deemed to be separate and independent therefrom and to be enacted as such.
21. PENALTY
(a)
Fine - for contravention - other than corporation
Every Person who contravenes any provision of this By-law and every director or officer of
a corporation who knowingly concurs in the contravention of a by-law by the corporation is
Page 9 of 9
By-law Number 97-17
guilty of an offence and upon conviction is subject to a fine of not more than $ 5,000 for a
first conviction, and not more than $ 10,000 for any subsequent conviction of this By-law.
(b)
Fine - for contravention - corporation
Despite section 21. (a), where a corporation is convicted of an offence under the provisions
of this By-law, the maximum fines that may be imposed on the corporation are $ 25,000 for
a first conviction and $ 50,000 for any subsequent conviction.
(c)
Continuation - repetition contravention
Notwithstanding section 21. (b), every Person that contravenes any provision of this By-law
and every director or officer of a corporation who knowingly concurs in the contravention of
this by-law by the corporation is guilty of an offence for every day or part thereof upon
which such offence occurs or continues, and upon conviction is liable, to a fine of not more
than $ 5,000 for each day that the offence continues.
(d)
Continuation - repetition contravention - corporation
Notwithstanding section 21.(b), every corporation that contravenes any provision of this
By-law is guilty of an offence for every day or part thereof upon which such offence occurs
or continues and upon conviction is liable, to a fine of not more than $ 10,000 for each day
that the offence continues.
22. REPEAL
County of Brant Bylaw 204-02 is hereby repealed.
23. FORCE AND EFFECT
This Bylaw shall come into force and take effect on the day of passing.
READ a first and second time, this 27th day of June, 2017.
READ a third time and finally passed in Council, this 27th day of June, 2017.
THE CORPORATION OF THE COUNTY OF BRANT
_____________________________________
R.E.F. Eddy, Mayor
_____________________________________
Heather Boyd, Clerk