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PART
ON
THE CORPORATION OF THE TOWN OF COCHRANE
BY-LAW NUMBER 1239-2017
BEING BY-LAW TO PROVIDE FOR THE FILLING UP,
DRAINING, CLEANING AND CLEARING OF LAND,
AND CLEARING OF REFUSE FROM LAND
WHEREAS Section
10 of the Municipal Act, 2001 provides that a single tier municipality
may
pass
by--laws providing
any
service
or thing
that
the
municipality
considers
necessary
or desirable for the public,
AND WHEREAS Section
127 or the Municipal Act, 2001 provides that, a municipality
may,
(a)
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,
(b)
regulate when and how matters required under clause (a) may be done,
(c)
may prohibit the depositing
of refuse or debris on land without consent
of
the owner or occupant of the land, and
(d)
define "refuse" for the purpose of the by-law,
AND WHEREAS Section
128 of the Municipal Act, 2001 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 it is the opinion
of Council that the failure to clear refuse and debris from land is a public nuisance,
including the spread of vermin,
AND WHEREAS Section 435(1.1) provides that, the power to enter shall be exercised
by an employee
or agent of the municipality, who may be accompanied
by any person
under his or her direction,
AND WHEREAS Section 446(1) of the Municipal Act, 2001 provides that a municipality
may direct that
in default of clearing
the
land of refuse
by the person
directed
or
required
to do it, the cleaning
and
clearing
of land shall be done
at the person's
expense,
AND WHEREAS
Section
446(2)
of the
Municipal Act, 2001
provides
that for the
purposes
of Section 446(1) the municipality may enter
upon land at any reasonable
time, and
AND WHEREAS Section 446(3) of the Municipal Act, 2001 provides that a municipality
may recover the costs of clearing the land from the person directed of required to do it
and the municipality may recover the costs by action or by adding the costs to the tax
roll and collecting them in the same manner as taxes,
AND WHEREAS Section 391 of the Municipal Act, 2001 provides that a municipality
may impose fees or charges
on persons for services or activities provided or done by or
on behalf of it,
THEREFORE,
the Municipal Council of The Corporation
of the Town
of Cochrane
enacts as follows:
1 - INTERPRETATI
1.1 INTERPRETATION
In this by-law
''agricultural purposes" shall mean the land used for cultivating soil, producing crops and
for the raising of livestock as an ''agriculturaloperation as defined in the Farming and
Food Production Protection Act, 1998, S O 1998, c 1, but does not include the portion of
land used as a woodlot,
EXE
F0
PART 3
- GENE
3.1
3.2
3.3
3.4
3.5
3.6
L PROHIBITIONS
No person shall fail to clear land of refuse
No person shall fail to enclose
an excavation with a temporary
barrier at least 122
centimeters
(48 inches) in height
No person shall fail to drain an accumulation of water exceeding
30 centimeters
(12 inches) in depth
No person shall deposit refuse on private property without lawful authority
No person shall deposit refuse on municipal property without lawful authority
No person shall keep or maintain the water in a swimming pool in a condition that
is a
health
or safety
hazard,
or is malodorous,
or is a
breeding
place
for
mosquitoes
3.7
No person
shall
hinder
or obstruct,
or
attempt
to
hinder
or obstruct,
en
Enforcement Officer in the enforcement of the provisions of this by--law
PART 4
-
MPTIONS
4.1
Section
2.2
of this
by--lawdoes
not apply
to land on which
construction
is
4.2
4.3
4.4
4.5
4.6
4.7
proceeding
under a valid building permit
Section
2.6 of this by--lawdoes
not apply to natural bodies of water or lawfully
maintained swimming pools
Section 2.4 and 2.5 of this by--lawshall not apply to land that is lawfully used for
outdoor storage of materials in compliance with the applicable zoning and licensing
by--|awsand regulations
Sections 2.4 and 2.5 of this by--lawshall not apply to land or structures
designated
by or operated by the Town for the purpose of dumping or disposing of refuse
This by--lawdoes
not apply to perennial
gardens,
if the perennial
gardens
are
managed
in accordance
with the Weed Control Act, and ifthere is no waste
This by--lawdoes
not apply to a wildflower meadow
or a naturalized area if those
areas
are managed
in accordance
with the Weed Control Act, and if there is no
waste
This by--lawdoes not apply to the placement or collection of waste in accordance
with the Town of Cochrane' Waste Collection By-law
PART 5
- EN
RCEMENT
5.1
5.2
5.3
5.4
5.5
5.6
Any person who contravenes
any provision of this by--lawis, upon conviction, guilty
of any offence and is liable to any penalty as provided in the Provincial Offences
Act
The court in which a conviction has been entered
and any court of competent
jurisdiction thereafter may make an order prohibiting the continuation or repetition
of the offence by the person convicted
A Municipal Law Enforcement
Officer designated
to perform inspections
pursuant
to this by--lawmay at all reasonable
times, enter
onto land for the purposes
of
inspection of the land
Where anything required or directed to be done in accordance
with this by--lawis
not done, the Director of Protective Services
or persons designated
may upon
such
notice as they deem suitable, do such thing at the expense
of the person
required to do it. In so doing may charge
an administration fee of 15% of such
expense
with a minimum fee of $100 00, and both the expense
and fee may be
recovered
by action of by adding the costs to the tax roll and collecting them in the
same manner as municipal taxes
Where the Town proceeds
pursuant
to section 5.4 of this by--law,a Municipal Law
Enforcement Officer may enter onto the lands accompanied
by any person under
his or her direction, and with the appropriate equipment as required, to bring the
property into compliance with this by-law
Where any of the matters or things removed in accordance with section 5.4 of this
by--law,the matter or things may be immediately disposed of by the Manager of By-
law Services,
or their designate
PART 6 - E ACTEMENT
6.1
This by-law comes into force and effect on day of passing.
6.2
Short Title
The short title of this by--|awshall be the "Cleaning & Clearing of Land By--|
aw"
READ a first and second time this 13"'day of June, 2017
MAYOR
C
READ a third and final time this 13"'day of June, 2017
MAYOR
OF
D
ET FI
E
CL
AN NG AN
CL
ARING
LAN
S
N
S
BY-
AW 1239-2017
Page 1 of 1
THE CORPORATION OF THE TOWN OF COCHRANE
PART 1 Provincial OffencesAct
BY-LAW NO. 1239-2017
- Being a by-law to provide for the ?lling up, draining and
clearing of land, and clearing of refuse from land.
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision creating
or
Set Fine
de?ning
offence
1
Fail to clear and clean land of refuse
Section 3.1
$250.00
2
Fail to enclose an excavation with a
Section 3.2
$150.00
temporary
barrier
at least 122 centimeters in
height
3
Fail to drain an accumulation
of water
Section 3.3
$90.00
exceeding 30 centimeters
in depth
4
Unlawfully
deposit refuse on private
Section 3.4
$300.00
property
without lawful authority
5
Unlawfully deposit refuse on City property
Section 3.5
$300.00
without lawful authority
6
Unlawfully
keep or maintain
water in a
Section 3.6
$150.00
swimming pool in a condition that is a health
hazard,
or is malodorous,
or is a breeding
place for mosquitoes
NOTE:
Penalty provision for the offences indicated
above is section 5 of By-law 1239-2017,
a certified copy of which has been filed.