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The Corporation of the Town of Cobalt
Office Consolidated
By-Law No. 2021-12
Being a By-Law to Provide for Maintaining Land in a Clean and Clear Condition
(Clean Yards)
By-Laws and Resolutions amending Original Municipal By-Law No. 2021-12:
Resolution 2021-148 August 31, 2021
Section 5.4 be amended to add
"Pursuant to section 429(1) of the Municipal
Act"
By-Law 2023-37
December 19, 2023 Section 4 and 5 be amended, Appendix "3"
be added
Note:
This office consolidation has been prepared to assist the reader in understanding
the amendments to By-Law No. 2021-12.
By-Law 2021-12
Clean Yards By-Law
Page 2 of 14
THE CORPORATION OF THE
TOWN OF COBALT
BY-LAW NO. 2021-12
Being a By-Law to provide for maintaining land in a clean and clear condition
(Clean Yards)
WHEREAS pursuant to Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 the powers of a
municipality under that or any other Act shall be interpreted broadly so as to confer broad
authority on the municipality to enable the municipality to govern its affairs as its considers
appropriate to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25 a
municipality has the capacity, rights, powers and privileges of a natural person for the purposes
of exercising its authority under this or any other Act;
AND WHEREAS pursuant to Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 a
municipality may pass By-Laws respecting the health, safety and well-being of persons,
requiring the cleaning and clearing of land or clearing of refuse and debris from land, and
prohibiting and regulating with respect to public nuisances, including matters that, in the opinion
of Council, are or could become or cause public nuisances;
AND WHEREAS pursuant to Sections 10(2) Clauses 5 & 6, 127, 128, and 131 of the Municipal
Act S.O. 2001, c. 25 as amended, Council may pass By-Laws for requiring the cleaning and
clearing of yards, for prohibiting the depositing of refuse on private and public lands; for
prohibiting automotive wrecking yards and requiring removal or repair of dilapidated fences and
structures;
AND WHEREAS pursuant to Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25 states a
municipality may pass By-Laws providing that a person who contravenes a By-Law of the
municipality passed under this Act is guilty of an offence;
AND WHEREAS pursuant to Section 426 of the Municipal Act, 2001, S.O. 2001, c. 25 no
person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising
power or performing a duty under this Act or under a By-Law passed under this Act;
AND WHEREAS pursuant to Section 429 of the Municipal Act, 2001, S.O. 2001, c. 25 a
municipality may establish a system of fines for offences under a By-Law of the municipality
passed under this Act;
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Clean Yards By-Law
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AND WHEREAS pursuant to Section 446 of the Municipal Act S.O. 2001, c.25, as amended, a
municipality may enact a By-Law to require that a matter of thing be done and in default, the
matter of thing may be done by the municipality at the person's expense and further that the
costs of doing so may be added to the tax rolls and collected in the same manner as taxes;
AND WHEREAS pursuant to Section 391 of the Municipal Act S.O. 2001, as amended, a
municipality may impose fees or charges on persons for services or activities provided or done
by or on behalf of it,
NOW THEREFORE the Council of the Corporation of the Town of Cobalt hereby enacts as
follows:
1. That Council adopts a By-Law to provide for maintaining land in a clean and clear condition
(clean yards) identified as Schedule "A", attached hereto and forming part of this By-Law;
2. That By-Law 2011-029, as amended, being a By-Law to provide for maintaining land in a clean
and clear condition (clean yards) is hereby repealed;
3. That the Clerk of the Town of Cobalt is hereby authorized to make any minor modifications or
corrections of an administrative, numerical, grammatical, semantically or descriptive nature or
kind to the By-Law and Schedule as may be deemed necessary after the passage of this By-
Law, where such modifications or corrections do not alter the intent of the By-Law.
4. That this By-Law shall come into force and take effect on the date of its final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 27th day of April,
2021.
MAYOR
CLERK
By-Law 2021-12
Clean Yards By-Law
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THE CORPORATION OF THE TOWN OF COBALT
Schedule "A" TO BY-LAW 2021-12
TO PROVIDE FOR MAINTAINING OF LAND IN A CLEAN AND CLEAR CONDITION
By-Law 2021-12
Clean Yards By-Law
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PART 1 - SHORT TITLE
1.1
By-Law shall be referred to as the "Clean Yards By-Law".
PART 2 - DEFINITIONS
For the purposes of this By-Law all words shall have their normal and customary meaning save
and except for those hereinafter defined:
2.1
"Council" means the Municipal Council of the Town of Cobalt.
2.2
"Clerk" means the Town Clerk and where applicable includes a person designated by
the Town Clerk to perform that task or exercise that power in their place.
2.3
"Deposit" means to throw, place or put.
2.4
"Domestic Waste" means any article, thing, matter or any effluent belonging to or
associated with a residence, household or dwelling unit, or concerning or relating to the
home or family that appears to be waste material; and for greater certainty, but not so as
to restrict the generality of the foregoing terms of this clause domestic waste extends to
the following classes of waste material:
a. Grass clippings, tree cuttings, brush, leaves and garden refuse
b. Paper, cardboard, clothing
c. All kitchen and table waste, of animal or vegetable origin resulting from the
preparation or consumption of food except any material of vegetable origin
placed in a composting container
d. Feces.
e. Cans, glass, plastic containers, dishes.
f. New or used material resulting from or for the purpose of construction, alteration,
repair or demolition of any building or structure.
g. Refrigerators, freezers, stoves or other appliances and furniture.
h. Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tank.
i.
Unlicensed Motor Vehicles, Inoperative Motor Vehicles, vehicle motor parts and
accessories, vehicle tires mounted or not mounted on rims, mechanical
equipment.
j.
Rubble, inert fill, fencing materials.
2.5
"Hobby Vehicle" means a single Motor Vehicle that is actively being repaired or
restored as a hobby for the Owner/occupant of the property, a race car, or vehicle that by
its special nature is not routinely used or licensed but is intended to show or display on
occasion.
2.6
"ICI Establishments" (Industrial, Commercial and Institutional) means:
a) Any establishment within the Town that is not defined as a residential
building;
b) Any other establishment as designated by the Clerk
2.7
"Industrial Waste" means any article, thing, matter or any effluent belonging to or
associated with industry or commerce or concerning or relating to manufacture or
concerning or relating to any trade, business, calling or occupation that appears to be
waste material; and for greater certainty, but not so as to restrict the generality of the
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foregoing terms of this clause it is hereby declared that industrial waste extends to the
following classes of waste material:
a) Articles, things, matter or effluent, which in whole or in part or fragments
thereof, are derived from or are constituted from or consist of:
i. agricultural, animal, vegetable, paper, lumber, or wood products or
ii. mineral, metal, or chemical products,
iii. whether or not the products are manufactured or otherwise
processed
b) Inoperative motor vehicles and motor vehicle parts including but not
limited to tires, mechanical equipment, mechanical parts, accessories,
appurtenant or adjuncts to the motor vehicles and mechanical equipment.
c) Piping, tubing, conduits, cable and fittings or other accessories, or
adjuncts to the piping, tubing, conduits or cable.
d) Containers or pallets of any size, type or composition, excluding sea cans.
Materials resulting from, or as part of, construction or demolition projects.
e) Rubble, inert fill except loose soil, sand, gravel, broken bricks, concrete or
asphalt.
f) Piles of plastic, wood or metal or a combination thereof.
g) Bones, feathers, hides.
h) Sewage.
2.8
"Inoperative Motor Vehicle" means any motor vehicle or any Motor Vehicle having
missing parts, including: tires, damaged or missing glass, deteriorated or removed metal
components, or anything which prevents its mechanical function.
2.9
"Motor Vehicle" means any motor vehicle as defined in the Highway Traffic Act, R.S.O.
1990, c.H.8., as amended, and in addition, includes commercial and industrial vehicles
and equipment, automobiles, motorized snow vehicles, off-road vehicles, motorcycles,
all-terrain vehicles, trailers, boats, marine equipment, farm equipment, construction
equipment and heavy machinery or any other vehicle propelled or driven otherwise than
by muscular force.
2.10
Municipality means the Municipality of the Corporation of the Town of Cobalt.
2.11
"Naturalization" shall mean a process of ecological restoration that involves returning
an altered or degraded site to a more natural condition using trees, shrubs, non
obnoxious weeds (obnoxious weeds are defined in the Weed Control Act of Ontario),
and flowers that are native to the area. In Cobalt, native plant species are defined as
those that exist in Northern Ontario.
2.12
"Officer" means a Municipal By-Law Enforcement Officer, Property Standards Officer or
Peace Officer or designate, who has been assigned by Council with the responsibility of
administering and enforcing the provisions of this By-Law.
2.13
"Owner" Includes:
a) An owner in trust or a beneficial owner of land,
b) The person for the time being managing or receiving rent of the land or premises in
connection with which the work is used, whether on the person's own account or as
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Clean Yards By-Law
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an agent or trustee of any other person, or who would receive the rent if the land and
premises were let; and
c) A lessee or occupant of the property who manages or controls the condition of the
property, including a tenant.
2.14
"Person" in addition to its regular meaning, includes an individual, firm, proprietorship,
partnership, association, syndicate, trust, corporation, department, bureau and agency or
any director, officer, manager or person in charge of such entity or the collecting of rent
of any property, or any other person who is the occupier of the property.
2.15
"Refuse" means any article, thing, matter, substance or effluent that has been cast
aside, discharged or abandoned, or is discarded from its usual and intended use, or is
used up, in whole or in part, or expended or worn out in whole or in part; and shall
include Domestic Waste and Industrial Waste, and that domestic waste and industrial
waste does not cease to be refuse by reason that it may be commercially saleable or
recyclable; Rubble, Inoperative Motor Vehicle, parts of motor vehicles, unused or
abandoned motor vehicles, vehicles without validated licence plates, vehicles without
licence plates, objects or conditions that may create fire, health or accident hazards,
dead animals, old or decayed lumber, decayed trees, discarded trees, part of trees,
leaves and discarded organic material.
2.16
"Rubble" includes but not limited to broken concrete, flagstone, bricks, broken asphalt,
patio or sidewalk slabs.
2.17
"Town" means the Corporation of the Town of Cobalt, as represented by the Town
Clerk
PART 3 - GENERAL STANDARDS REGULATIONS
3.1
Every Owner shall keep their ground, yards or vacant land clear of all garbage, Refuse
or Domestic or Industrial Waste of any kind;
3.2
For the purpose of Section 3.1, "keeping clear" includes:
a. The removal of dead, decayed or damaged trees or other natural growth and the
branches or limbs thereof which create an unsafe condition in relation to their
environment;
b. The removal, trimming, or cutting of weeds, grass or ground cover more than 20
centimeters (8 inches) in height where doing so will not be challenged by topography
or in conflict with naturalization efforts.
3.3
In determining compliance with Section 3.2, consideration shall be paid to the distinction
between groomed lawns and naturalized or underdeveloped areas particular in
relationship to the surrounding environment.
3.4
No Owner shall permit Refuse to remain on any property within the Town of Cobalt.
3.5
Every owner, tenant or occupant of property shall keep their property free from objects or
conditions that are likely to create a health, fire or safety hazard.
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Clean Yards By-Law
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3.6
Every owner, tenant or occupant of property shall keep hedges, shrubs and trees
adjacent to a public sidewalk, walkway or roadway cut and trimmed so as not to
encroach into sidewalk and to allow safe, unhindered passage by pedestrians or
vehicles. Encroachment of trees, shrubs or branches from one private property over
another private property is a civil matter and not Municipal.
3.7
No Owner of property shall keep a swimming pool, hot tub, wading pool or artificial pond
unless it is maintained in a good repair and working condition.
3.8
Commercial waste bins or dumpsters are not permitted on residential properties except
on a temporary basis during construction or demolition projects which have been
properly permitted by the Municipality.
3.9
No person shall deposit or cause to be deposited refuse and/or other debris on any land
owned or occupied by the Town, without the written authorization of the Municipality.
3.10
No person shall deposit or cause to be deposited Refuse and/or other debris on any
private land within the Town, without the written authority of the owner.
3.11
Notwithstanding Section 3.9 of this By-Law, acceptable Refuse placed on municipal
property for the purposes of garbage or waste collection, in accordance with applicable
By-Laws respecting garbage and waste collection, shall be exempted from the provisions
of this By-Law.
3.12
No Owner of a residential building shall place approved containers for curbside collection
at ground level earlier than 8:00pm on the evening before collection, but no later than
6:30am on the designated day for collection.
No Owner of an ICI establishment shall place approved containers for curbside collection
at ground level earlier than 5:00 pm the evening before collection, but no later than
6:30am on the designated day for collection.
3.13
No Owner of a residential building shall fail to remove the empty approved container, or
uncollected waste, from the collection location before 10:00pm on the day of collection.
No Owner of an ICI establishment shall fail to remove the empty approved container, or
uncollected waste, from the collection location before 5:00pm on the day of collection.
3.14 Except as provided in the Town of Cobalt Zoning By-Law and amendments thereto or
otherwise permitted by law; no person shall store:
a) Wrecked, dismantled, discarded, abandoned or otherwise inoperative unlicensed
vehicles that are not necessary for the operation of a business enterprise lawfully
situated on the property, or
b) Wrecked, dismantled, discarded, abandoned or otherwise inoperative licensed
vehicles that do not have current registration, and mechanical certification by the
authority having jurisdiction so as to be deemed roadworthy for use on public streets
or highways, that are not necessary for the operation of a business enterprise
lawfully situated on the property.
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Clean Yards By-Law
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3.15
Section 3.14 shall not apply to Owners who are actively restoring not more than one
vehicle and/or one hobby vehicle provided the vehicles are stored in an enclosed
structure or located in a manner so as to be screened from view by neighboring
residents or from adjacent roadways. Where Garage space allows more than one
hobby car may be kept subject to being stored in the Garage.
PART 4 - ADMINISTRATION, ENFORCEMENT AND RIGHT OF ENTRY
4.1
This By-Law shall be enforced by a Municipal By-Law Enforcement Officer or other
designated Officer.
4.2
A Municipal By-Law Enforcement Officer or other designated Officer shall determine
what shall constitute a health, fire or safety hazard, in consultation with the Town
Clerk.
4.3
Where any property is not maintained in compliance with the provisions of this By-
Law, a Municipal By-Law Enforcement Officer or designate may give Notice to the
Owner, in writing, directing that the property be brought into compliance with the
requirements of this By-Law within a defined time-period, but such time-period shall
not be less than seventy-two (72) hours from the date of Notice, save and except that
which constitutes a safety, health or fire hazard. A one hundred dollar ($100.00)
administrative fee shall accompany the issuance of an "Notice".
4.4
Notice shall be in the form found in Appendix "2" to this By-Law.
4.5
The Owner shall be served either personally or by registered mail with a copy of the
Notice. A copy of the Notice shall also be posted in an conspicuous place on the
property.
4.6
A Municipal By-Law Enforcement Officer or designate may enter upon any land for
the purpose of carrying out an inspection to determine whether this By-Law is being
contravened and/or determine whether a Notice of this By-Law is being complied
with.
4.7
A Municipal By-Law Enforcement Officer or designate shall have the inspection
powers described in Section 436 of the Municipal Act, 2001, S.O. 2001, c.25..
4.8
No person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal By-
Law Enforcement Officer from carrying out an inspection or authorized work of any
Town employee or agent of the lands.
4.9
If any provision of this By-Law is for any reason found to be invalid by a court of
competent jurisdiction, the provision found to be invalid shall be severed from the By-
Law and the remaining provisions shall remain in full force and effect until repealed.
4.10
It is hereby declared that each and every of the foregoing provisions of this By-Law
are severable and that, if any provisions of the By-Law should for any reason be
By-Law 2021-12
Clean Yards By-Law
Page 10 of 14
declared invalid by a court of competent jurisdiction, it is the intention and desire that
each and every of the remaining provisions shall remain in full force and effect.
PART 5 - REMEDIATION AND PENALTY
5.1
Every person shall comply with an order issued under the authority of this By-Law.
Where any owner fails to comply with any provision of this By-Law, the Municipality
may cause the required work to be done at the cost of the Owner. The cost of such
work may then be recovered by action or by adding the costs to the tax roll and
collected in the same manner as property taxes. The Municipality may charge an
administration fee in the amount of $150.00, which may then be recovered from the
Owner.
5.1.1 Where any matters of things are removed in accordance with Section 5.1, such
matters or things may be disposed of by the Officer.
5.1.2 The Municipality may recover the remedial action cost and the administration fee
incurred under Section 5.1 by action, or by adding them to the tax roll and
collecting them in the same manner as taxes in accordance with Section 446 of
the Municipal Act.
5.1.3 The Municipality may invoice the owner requesting the voluntary payment of the
remedial action costs in Section 5.1 and Section 5.2, prior to recovering costs
pursuant to Section 446 of the Municipal Act.
5.2
Any person or Owner who contravenes any provisions of this By-Law and who fails to
remedy any non-compliance is guilty of an offence.
5.3
Where an offence is a continuing offence, each day that the offence is continued shall
constitute a separate and distinct offence.
5.4
Pursuant to section 429(1) of the Municipal Act, a person convicted of an offence
contrary to a provision of this By-Law in a proceeding commenced under Part III of the
Provincial Offences Act, R.S.O. 1990, c. P. 33, is liable to a maximum fine of $25,000.
5.5
A person charged 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, shall be
liable to a fine as set out in Appendix "1".
5.6
In addition to the foregoing remedial costs, where a vehicle has been removed,
impounded, restrained or immobilized according to Section 170 (15) of the Highway
Traffic Act, R.S.O. 1990, as amended, in violation of this By-Law, all costs associated
with the removal, impoundment, restraining or immobilization will be the responsibility of
the registered owner of the vehicle.
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Clean Yards By-Law
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THE CORPORATION OF THE TOWN OF COBALT
Appendix "1" of Schedule "A"
CLEAN YARDS BY-LAW 2021-12
PART 1 PROVINCIAL OFFENCES ACT
SET FINES
Item
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or
defining offence
COLUMN
3
Set Fine
1
Fail to keep ground, yards or vacant land clear of all
garbage, refuse or domestic or industrial waste of
any kind
Sch. "A", Section 3.1
$150.00
2
Fail to cut/trim/remove grass/weeds more than eight
inches in height
Sch. "A", Section 3.2 (b)
$150.00
3
Owner permit refuse to remain on a property
Sch. "A", Section 3.4
$150.00
4
Fail to keep property free of health, fire, or safety
hazard
Sch. "A", Section 3.5
$150.00
5
Fail to maintain hedge, shrub, or tree
Sch. "A", Section 3.6
$150.00
6
Fail to maintain swimming pool/hot tub/wading
pool/pond
Sch. "A", Section 3.7
$150.00
7
Commercial Waste Bin- Prohibited Residential
Property
Sch. "A", Section 3.8
$150.00
8
Cause, permit, throw, place or deposit refuse on
Town of Cobalt property without written authority
Sch. "A", Section 3.9
$150.00
9
Cause, permit, throw, place or deposit refuse on
private property without written authority
Sch. "A", Section 3.10
$150.00
10
At residential building place approved container
before 8:00 p.m. previous day
Sch. "A", Section 3.12
$125.00
11
At residential building fail to remove approved
container before 10:00 p.m. collection day
Sch. "A", Section 3.13
$125.00
12
At residential building fail to remove uncollected
waste before 10:00 p.m. collection day
Sch. "A", Section 3.13
$125.00
13
At ICI establishment place approved container
before 5:00 p.m. previous day
Sch. "A", Section 3.12
$125.00
14
At ICI establishment fail to remove empty approved
container before 5:00 pm collection day
Sch. "A", Section 3.13
$125.00
15
At ICI establishment fail to remove uncollected
waste before 5:00 pm collection day
Sch. "A", Section 3.13
$125.00
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Clean Yards By-Law
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16
Store inoperative vehicle
Sch. "A", Section 3.14 (a)
$400.00
17
Store unlicensed vehicle
Sch. "A", Section 3.14 (a)
$400.00
18
Fail to comply with an order
Sch. "A", Section 5.1
$150.00
Note: The general penalty provision for the offences listed above is Section 61 of the
Provincial Offences Act, R.S.O. , 1990, c. P 33, as amended.
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Clean Yards By-Law
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THE CORPORATION OF THE TOWN OF COBALT
Appendix "2" of Schedule "A"
CLEAN YARDS BY-LAW 2021-12
BY-LAW ENFORCEMENT - NOTICE OF REMEDY
Pursuant to section
of Town of Cobalt By-Law #2021 - 12 (Clean Yards By-
Law), you are hereby required to remove items from your property located at
in the Town of Cobalt in order to comply with the provisions of section
of the By-Law.
The items to be removed are
as defined in section
.
As
per
Section 6.16 of Schedule "A" a one hundred dollar ($100.00) administrative fee shall accompany
the issuance of a NOTICE TO REMEDY.
If the items are not removed from the property by
, the Town of
Cobalt will remove and dispose of the items pursuant to section 6.1 of the By-Law, and any
costs associated with the removal and disposal may be added to the tax roll for the property.
If you have any questions regarding this matter, please contact me by phone or email.
Yours truly,
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Clean Yards By-Law
Page 14 of 14
THE CORPORATION OF THE TOWN OF COBALT
APPENDIX "3" OF SCHEDULE "A" TO
PROPERTY STANDARDS BY-LAW NO. 2021-12
SERVICE OR ACTIVITY
FEE
Appeal of Order
The fee for a Notice of Appeal shall be:
Fifty Dollars ($50.00)
Notice to Remedy Violations
Upon receipt of an Notice, the owner who has been served
with the Notice, shall pay an administration fee of:
One Hundred Dollars ($100.00)
Inspections Where Owner Fails to Comply with a Notice
Owners, who fail to comply with a confirmed Notice, shall pay
an inspection fee of:
For each additional inspection conducted to determined if
contraventions observed on an initial inspection have been
corrected:
Fifty Dollars per Inspection
($50.00 / inspection)
Fifty Dollars per Inspection
($50.00 / inspection)