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qWB;
COLUNGWOOD
Being a By-law to require the owner or occupant of land to
clear refuse and debris from the land.
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 asamended, Section 127 provides that a
local Municipality may require the owner or occupant of land to clean and clear the land, or to
clear refuse or debris from the land, not including building;
AND WHEREAS the Council ofthe Corporation ofthe Town of Collingwood isofthe opinion
that refuseand debrisfrom the land within the Town of Collingwood is or maybecome a
public nuisance.
NOW THEREFORE, THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS
AS FOLLOWS:
1.
DEFINITIONS
"C/e5/7"shall mean the removal and disposal of refuse as defined inthis by-law, from any
property within the boundaries ofthe Town ofCollingwood
"C/e5/-"shall have the same meaning as ''Clean"
"Co£//7a/"shall mean the Council of the Corporation of the Town of Collingwood
"CQS&"shall mean all monetary expense incurred by the Municipality during and throughout
the process of remedial action, including interest at a rateof 15% orsuch lower rateas
determined by the Municipality commencing on the day the Municipality incurs the costs and
ending on the daythe costs, including interest, are paid In full, and may include an
administrative surcharge the amount ofsuch surcharge as to be determined from time to time
by the Municipality and may include theaddition ofall such monetary expense including all
surcharges to Municipal Taxes
"Z?eZ7/75''shall have the same meaning as Refuse
"Land^shdW mean any property within the boundaries ofthe Town ofCollingwood
"A/5/"shall mean permissive
''Municipality"s\\^\ mean theCorporation oftheTown ofCollingwood, its employees and their
agents, and person(s) accompanying them
''Occupant's\\d\\ mean "owner" and "person" as defined by this by-law
"(9^cer"shall mean a Municipal By-law Enforcement Officer, Property Standards Officer, or
any other person so appointed or directed by Council for the enforcement of the by-laws of
the Municipality
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By-law No. 03-19
DEFINITIONS.
....cont'd.
'Vwner''sU^\\ mean the person or persons appearing onthe (Municipal Tax Assessment Roll or
property tax account and persons having lawful title to theland and includes "persons" as
defined in this by-law
"Person'', in addition to ifs regular meaning, includes a business, corporation orany director,
officer or manager ofa business or corporation, and includes the owner ortenantor lessee or
person in charge orperson collecting the rent of any property, orany other person who is the
occupier of the property
"Property''s\\b\\ have the same meaning as property
"Refuse"\r\c\\^6es but is not limited to all materials described in Appendix 'A' to this by-law,
and all similar or like materials; said Appendix attached to and forming part of this by-law
"Remedialaction"shb\\ mean the pick-up, removal and disposal of refuse from any property
within the boundaries ofthe Town ofCollingwood by the Municipality, including all associated
costs
"Remedial Work"s\\^\\ have the same meaning as Remedial Action
"5/75//"means imperative or must
2.
OFFENCES
1.
No owner shall fail to clean land.
2.
No owner shall fail to maintain clean land.
3.
NOTICE PRIOR TO REMEDIAL ACTION
The Municipality may, prior to taking remedial action under this by-law, send Notice to
"owner" as defined and described in this by-law requesting that said"owner" clean land
and such Notice may be given verbally, by regular mail, or by registered mail.
4.
ENTRY ONTO LAND
The employees or agents ofthe Municipality or any person under theirdirection may enter
upon land and into structures, otherthan a place actually used as a dwelling house, for
the purposes of municipal remedial action, at any reasonable time, without notice.
5.
INDENTIFICATION
Aperson exercising a power ofentry on behalf ofthe Municipality under this Act must, on
request, display or produce proper Identification.
6.
EXERCISE OF POWER OF ENTRY
Where the Municipality has a power ofentry under the said Act, the power shall be
exercised by an employee or agentofthe Municipality who may be accompanied by any
person under his or her direction.
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By-law No. 03-19
7.
OBSTRUCTION
No "owner" as described and defined in this by-lawor no person acting on behalf, shall
hinder, interfere with or otherwise obstruct, either directly or indirectly, an officer,
employee or agent or persons under the direction of the municipality in the lawful exercise
of power or duty under this by-law.
8.
PUBLIC NOTICE
The Municipality may give notice of this by-law in a newspaper having general circulation
within the Municipality, including enforcement provisions of the by-law.
9.
MUNICIPALITY NOT LIABLE
The Municipality assumes no liability for property damage or injury resulting from the
cleaning of land by any "owner" or persons acting on behalf of any "owner" resulting from
the cleaning of land.
10.
INVOICE FOR COSTS PRIOR TO ADDITION OF COSTS TO MUNICIPAL TAXES
The Municipality may, prior to adding remedial action costs to Municipal Taxes, invoice
"owners" as defined and described in this by-law requesting voluntary payment of said
remedial action costs payable to the Corporation of the Town of Colllngwood.
11.
PROOF OF LIABILITY INSURANCE
All private contractors secured by the Municipalityto perform land cleaning duties on
behalf of the Municipality shall first and prior to commencing any such duties, provide
proof in hardcopy form or a policy of liability insurance for their own possession in the
amount of $1,000,000.00 to engage in land cleaning duties. Proof of liability insurance as
above shall be produced for inspection by the Clerk of the Municipality prior to
commencing any land cleaning duties on behalf of the Municipality.
12.
PENALTIES
Any person who contravenes any provision of this by-lawis guilty of an offence, and upon
conviction is liable to the penalties as provided for in the Provincial Offences Act, R. S. 0.
1990, c. P. 33 as amended.
13.
ENFORCEMENT
This By-law shall be enforced by a Municipal By-law Enforcement Officer, Property
Standards Officer, or any other person so appointed or directed by Council for the
enforcement of the By-laws of the Municipality.
14.
VALIDITY AND SEVERABILITY
Should any section, subsection, clause, paragraph or provision of this by-law be declared
by a Court of competent jurisdiction to be invalid or unenforceable, the same shall not
affect the validity of the enforceabilityof any other provision of this by-law, or of the by
law as a whole
15.
EFFECTIVE DATE
This by-lawshall come into force and effect, following its final passage by Council of
Corporation of the Town of Collingwood.
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By-law No. 03-19
No.03-19-Refuse & Debris.doc
tnf
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ENACTED AND PASSED this 17*^ dayof March, 2003.
MAYOR
By-law No. 03-19
APPENDIX W
In this By-law, Refuse includes but is not limited to the following:
-
Household appliances such as stoves, refrigerators, freezers, washers,
dryers, air conditioners and dishwashers, and television sets and their
component parts
-
Household furniture such as beds, bed springs, mattresses, tables,
chairs and their component parts
-
Barrels, boxes, water and fuel tanks (empty only)
-
Motor vehicles, motorcycles, snowmobiles, bicycles, trailers, go-karts,
boats, or vessels, all terrain vehicles which are in a wrecked,
discarded, inoperative or dismantled condition, inwhole or in part,
and their component parts
-
Boulders, bricks, concrete, asphalt, glass scrap wood, scrap metal,
scrap wire, paint cans, cardboard, paper, plastics, Styrofoam, roofing
shingles (scrap), discarded clothes or cloth and canvas
-
Felled trees, tree stumps, branches, brush, leaves, bagged or piled
grass and weeds, hedge cuttings, open compost piles and garden
waste
-
Household refuse, (bagged or not) not set out for collection, scrap
construction materials, dead animal carcasses, animal feces
-
All waste deemed as recyclables per By-law No. 98-09 of the Town of
Collingwood, including: Newspapers and inserts, glass bottles and
jars, steel and aluminum cans, all PETE #1 and #2 plastic,
magazines, and phone books, catalogues, aluminum trays and foil,
boxboard (i.e. cereal boxes) fibre egg cartons
-
Tires, wrecked, dismantled, discarded playground equipment,
beverage containers, fast food bags, containers and wrappings
-
Industrial, commercial or any hazardous liquid waste (i.e. motor oil,
gasoline)
-
Waste from demolished buildings, discarded signs and placards
-
Straw, hay and manure
-
Excavated materials (I.e. earth, gravel)
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By-law No. 03-19