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OFFICE CONSOLIDATION
This is a consolidation of the Town's by-law to regulate the maintenance
and care of land being By-law 2016-063 as amended by By-laws 2022-
028 and 2026-066. This is prepared for reference and information
purposes only. The following consolidation is an electronic reproduction
made available for information purposes only and is not an official
version of the by-law. Official versions of all by-laws can be obtained
from the Town Clerk by calling (905) 584-2272. If there are any
discrepancies between this consolidation and By-laws 2016-063, 2022-
028 and 2026-066 the by-laws shall prevail.
THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. BL-2016-063
A by-law to regulate maintenance and care of land
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes the Council to pass
by-laws for the health, safety and well-being of persons;
AND WHEREAS Section 127 of the 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, or to clear
refuse or debris from the land;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes the Council
to pass by-laws with respect to public nuisances, including matters that, in the opinion of Council,
are or could become or cause public nuisances;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes a municipality
to require a person to do a matter or thing and in default of it being done by the person directed
or required to do it, the matter or thing shall be done at the owners expense and add the cost to
the tax roll;
AND WHEREAS the Council of the Corporation of the Town of Caledon deems it necessary for
the health, safety and welfare of the inhabitants to enact a by-law requiring owners and occupants
of land to maintain their land free from refuse, debris, excessive growth of grass and weeds, and
conditions which may pose an unsafe condition;
NOW THEREFORE, the Council of the Corporation of the Town of Caledon hereby ENACTS AS
FOLLOWS:
SHORT TITLE
This By-law shall be known as the Clean Yards By-law.
DEFINITIONS
1. In this by-law:
"Adjacent boulevard" means the boulevard immediately adjacent to the front, side, rear or exterior
side of a property.
"Administration Fee" shall mean the costs incurred by the Town for the administration and
enforcement of this by-law, and shall be in accordance with the Town Fees By-law as amended.
"Council" means the Council of The Corporation of the Town of Caledon.
"Boulevard" means the portion of a highway which may be paved, unpaved, grassed or
landscaped with other materials, and is situated between the curb or edge of pavement and the
adjacent property line on both sides of a highway.
"Derelict Vehicle" shall mean a licensed or unlicensed vehicle that is inoperative, unused,
discarded, in disrepair, or which has deteriorated or removed parts which prevent its proper
functioning, including but not limited to tires, glass, windshields or windows.
[Definition "Grass" deleted, By-law 2022-028 enacted April 26/22, effective June 1/22]
[Definition "Boulevard" added, By-law 2022-028 enacted April 26/22, effective June 1/22]
[Definition "Adjacent Boulevard" added, By-law 2022-028 enacted April 26/22, effective June 1/22]
"Highway" means a common and public roadway, avenue, parkway, boulevard, driveway, square,
place, bridge, cul-de-sac, viaduct or trestle, any part of which is intended for or used by the general
public for passage of vehicles or pedestrians, and includes the area between the lateral property
lines thereof.
"Owner" means the person holding registered title to the land, and/or a lessee, tenant, occupant,
mortgagee in possession, or any person having charge of the land.
"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.
"Refuse" shall mean any article, thing, matter or any effluent belonging to or associated with a
house or household, and any article, thing, matter or any effluent belonging to or associated with
any industry, trade or business that in the opinion of the Town Designate, appears to be cast
aside, discarded, abandoned or appears to be worthless, useless or of no practical value, or
appears to be used up in whole or in part, or worn out, and without limiting the foregoing, may
include:
(a) Accumulations, deposits, remains, rubbish or trash;
(b) Litter, including paper, cartons, newspapers, flyers, cardboard, and/or packaging;
(c) Accumulations of yard clippings, tree and garden cuttings, brush or leaves;
(d) Appliances including refrigerators, stoves, freezers or any other appliances, and
any parts thereof, including attached hinges, latches, locking or closing
mechanisms and/or devices;
(e) Derelict vehicles, including vehicle parts and/or accessories;
(f) Machinery and machinery equipment and/or parts, including furnaces and/or
furnace parts, pipes and/or pipe fittings, water tanks, fuel tanks, and/or septic tanks,
tubing, conduits, cable fittings and/or other accessories;
(g) Containers of any size, type, or composition, including cans, glass or plastic
containers;
(h) Sewage, as defined in this by-law;
(i) Materials resulting from, or as part of, construction or demolition projects, including
decaying lumber, or other debris and/or material that does not appear to be actively
utilized or intended for construction purposes; and/or
(j) Any other material that does not appear to be actively used for its intended purpose.
"Sewage" includes liquid waste containing human, animal, vegetable, or mineral matter, oils,
chemicals, fuels, and/or other liquid remains.
"Tall grass" means grass and weeds which exceeds twenty (20) centimetres (approximately eight
(8) inches) in height.
"Town Designate" shall mean a person who is an employee of The Corporation of the Town of
Caledon, and who has been appointed by Council to administer and enforce all or part of this By-
law on behalf of the Town, and shall include any and all appointed municipal law enforcement
officers.
"Vehicle" shall include an automobile, motorcycle, motor-assist bicycle, boats, trailers and/or any
other vehicle propelled or driven mechanically or by muscular power, whether licensed or
unlicensed.
"Yard" shall mean the land within the boundary lines of a property not occupied by a principal
building, if any, and shall include grounds and/or vacant property.
"Zoning By-law" means the Town's Zoning By-law, as amended.
[Definition "Tall Grass" deleted and replaced, By-law 2022-028 enacted April 26/22, effective June 1/22]
[Definition "Highway" added, By-law 2022-028 enacted April 26/22, effective June 1/22]
[Definition "Zoning By-law" added, By-law 2022-028 enacted April 26/22, effective June 1/22]
SCOPE AND APPLICATION
2.
This By-law shall apply to all land within the Town of Caledon.
3.
Where a provision of this By-law conflicts with a provision of another By-law in force and
effect in the Town, the provision that established the higher standard shall prevail in order
to protect the health, safety and welfare of the general public.
PROPERTY MAINTENANCE
4.
Every owner of land shall maintain said yard free from refuse.
5.
Every owner shall ensure that the storage of any vehicles conforms to standards and
requirements of any Town By-law and/or applicable legislation.
(1)
Except as otherwise permitted by the Town's Zoning By-law, as amended, no
owner shall cause or permit the storage of derelict vehicles on the yard, unless the
derelict vehicle and its parts are kept in an enclosed building.
(2)
Section 5 does not apply to vehicles used primarily for agricultural uses on lands
with an ongoing agricultural operation.
6.
Every owner shall maintain the yard free of tall grass.
BOULEVARD MAINTENANCE
7.
Every owner of land shall maintain the adjacent boulevard free of refuse.
8.
Every owner of land shall maintain the adjacent boulevard free of tall grass.
9.
Section 8 does not apply to owners of land zoned agricultural or rural, pursuant to the
Zoning By-law.
ADMINISTRATION AND ENFORCEMENT
10.
The Town Designate shall be responsible for the administration and enforcement of this
By-law.
Right of Entry:
11.
A Town Designate may enter on land at all reasonable times for the purpose of:
(1)
Carrying out an inspection;
(2)
To ascertain whether the provisions of this By-law are complied with, or
(3)
To ascertain whether the conditions of a Notice to Comply, issued pursuant to this
By-law, have been complied with.
12.
For the purposes of an inspection conducted under this By-law, the Town Designate may:
(1)
Require the production of documents or things for review, that may be relevant to
the inspection or the enforcement of a Notice to Comply pursuant to this by-law;
(2)
Inspect and/or remove documents or things relevant to the inspection or
enforcement of a Notice to Comply, for the purpose of making copies;
(3)
Require information from any person concerning a matter related to the inspection
or enforcement of a Notice to Comply; and/or
(4)
Alone, or in conjunction with a person possessing special or expert knowledge,
make examinations or take samples or photographs necessary for the purposes of
the inspection or enforcement of a Notice to Comply.
[Section 6 deleted and replaced, By-law 2022-028 enacted April 26/22, effective June 1/22]
[Section 7 through 9 added, By-law 2022-028 enacted April 26/22, effective June 1/22]
[Section 20.1
added, By-law
2026-066
effective June
23/26]
13.
No person shall hinder or obstruct, or attempt to hinder or obstruct a Town Designate
exercising power or authority, or performing a duty as permitted under this By-law.
Notice to Comply
14.
Where a Town Designate is satisfied that the land that does not comply with the provisions
of this By-law, the Town Designate may issue a Notice to Comply upon the owner,
requiring the owner to bring the land into compliance with the provisions of this By-law.
15.
A Notice to Comply shall set out:
(1)
Reasonable particulars of the non-compliance, and identify the land;
(2)
The work to be done to bring the land into compliance;
(3)
The date by which the work shall be completed to bring the land into compliance.
(4)
Provide notice that if the required work to bring the land into compliance is not
completed by the prescribed date, that the Town may do the work, and expense
the cost, plus administration fee, to the owner.
Service of Notice to Comply
16.
A Notice to Comply issued pursuant to this By-law, may be served:
(1)
Personally, with service being deemed effective on the date given;
(2)
By registered mail, with service being deemed effective on the fifth (5th) day after
mailing;
(3)
By placing the Notice to Comply in the mailbox or other depository ordinarily used
for mail, with service being deemed effective on the fifth (5th) day after the leaving
or placing, and/or
(4)
By posting the Notice to Comply in a conspicuous place on the land, and an Town
Designate may enter the land for this purpose, with service being deemed effective
on the fifth (5th) day after the posting.
Failure to Comply with Notice
17.
Where an owner to whom a Notice of Comply has been issued pursuant to this By-law,
fails to comply with the Notice to Comply, the Town, in addition to any other remedies it
may have, may do the work required to bring the land into compliance, at the expense of
the owner.
(1)
The cost of bringing the land into compliance, plus administration fee, may be
added to the tax roll and collected by the Town in the same manner as property
taxes.
18.
A Town Designate may enter upon the land at any reasonable time, in order to bring the
land into compliance.
(1)
In order to bring the yard into compliance the Town Designate may utilize a third-
party contractor.
OFFENCE AND PENALTY
19.
Every person or owner who contravenes any provisions of this By-law, or who fails to
comply with a Notice to Comply, is guilty of an offence.
20.
Every person or owner convicted of an offence contrary to a provision of this By-law, in a
proceeding commenced under Part I of the Provincial Offences Act, R.S.O. 1990, c.P.33,
is guilty of an offence, and upon conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c.P.33, as amended.
20.1
Every Person who contravenes any provision of this By-law, including an Order issued
under this By-law, is guilty of an offence and is liable to pay to the Town an Administrative
Penalty and any Administrative Fees, where applicable, pursuant to the Administrative
Monetary Penalty System By-law 2024-086, as amended.
SEVERABILITY
21.
If any article or provision of this By-law is for any reason held to be invalid, the remaining
articles and/or provisions shall remain in effect until repealed.
ENACTMENT
22.
This By-law shall come into full force and effect on the pay of passing.
Enacted by the Town of Caledon Council this 12th day of July, 2016