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Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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THE CORPORATION OF THE TOWNSHIP OF DAWN-EUPHEMIA
BY-LAW 2019- 21
Being a By-Law to provide for the filling up, draining,
cleaning and clearing of land, and clearing of refuse
"Tidy Yard By-Law"
WHEREAS Section 11(2) of the Municipal Act, 2001 provides that a Municipality may
pass by-laws respecting matters for purposes related to the health, safety, and well-being of the
inhabitants of the Municipality, and Section 11(3) of the Municipal Act, 2001 provides that a
Municipality may pass by-laws respecting matters within the sphere of jurisdiction of drainage
and flood control and waste management;
AND WHEREAS Section 127 of the Municipal Act, 2001 provides that a municipality
may 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;
AND WHEREAS Section 127 of the Municipal Act, 2001 provides that a municipality
may regulate when and how matters required under the by-law may be done;
AND WHEREAS Section 127 of the Municipal Act, 2001 provides that a municipality
may prohibit the depositing of refuse or debris on land without the consent of the owner or
occupant of the land;
AND WHEREAS Section 127 of the Municipal Act, 2001 provides that a municipality
may define "refuse" for the purpose of the by-law;
AND WHEREAS Section 127 of the Municipal Act, 2001 provides that a Municipality
may regulate when and how the owner or occupant of land cleans and clears the land or to
clear refuse or debris from the land;
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 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 and a contributor to the spread
of vermin;
AND WHEREAS Section 425(1) of the Municipal Act, 2001 provides that a Municipality
may pass by-laws providing that a person who contravenes a by-law is guilty of an offence;
AND WHEREAS Section 446(2) of the Municipal Act, 2001 provides that a Municipality
may enter upon land at any reasonable time for the purpose of doing the matter or thing that the
person was directed or required to do and defaulted in doing;
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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AND WHEREAS Section 446(3) of the Municipal Act, 2001 provides that a Municipality
may recover the costs/expenses of doing a matter or thing as provided for in Section 446(1) of
the Municipal Act, 2001 from the person directed or required to do it by action or by adding the
cost/expenses to the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS Section 15 of the Police Services Act authorizes the Municipality to
appoint persons to enforce the by-laws of the Municipality and that such persons are peace
officers for the purpose of enforcing municipal by-laws;
THEREFORE the Municipal Council for the Corporation of the Township of Dawn-
Euphemia enacts as follows:
Part 1
DEFINITIONS
1.
Definitions
In this By-Law, the following definitions shall apply:
Building
"Building for the purposes of Graffiti cleaning and removal requirements of this By-Law, includes
a building, structure, erection, object, fence, retaining wall, paved or similarly finished surface,
vehicle, trailer and Waste container.
Cleared
"Cleared" means Lands:
(a) free of weeds or grass more than 20 centimeters (8 inches) in height;
(b) free of stock piles of soil or other aggregate material not required to complete the
grading of the lot on which the stock pile is located;
(c) free of water, by way of draining, disposal and/or treating, that is a health or safety
hazard, or is malodorous or is a breeding place for mosquitoes; and
(d) that are otherwise in full compliance with this By-Law.
Clerk
"Clerk" shall mean the Clerk (and his or her designate), for The Corporation of the Township of
Dawn-Euphemia.
Commercial Vehicle
"Commercial Vehicle" shall mean every vehicle designed, maintained, or used primarily for the
transportation of property in the furtherance of commercial enterprise or for supplying of
services in the furtherance of commercial enterprise and, for greater certainty, includes tractors,
dumpsters and backhoes.
Composting
"Composting" means the biological degradation or breakdown of organic material into a dark
soil-like material called humus.
Composting Container
"Composting Container" means the holding unit used to store yard, garden and household
waste for the purpose of Composting.
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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Costs/Expenses
"Costs/Expenses" means all costs and/or expenses (including labour, materials and
disbursements) incurred by the Municipality in enforcing this By-Law (which, includes, for
greater certainty, the Enforcement Officer's time, preparation and issuance of Notice(s),
searching title, site visits, drafting correspondence, conducting title searches, searching sheriff
certificates, and any other action taken to bring the Land into compliance with this By-law and
the costs of the service of Servant/Agent retained to assist the Municipality in doing so).
Domestic and/or Agricultural Waste
"Domestic Waste and/or Agricultural Waste" means any article, thing, matter or effluent
belonging to or associated with a residence, household, farm or dwelling unit that appears to the
Enforcement Officer to be waste material and includes but is not limited to any of the following:
(a)
grass clippings, tree cuttings, brush, leaves and garden refuse;
(b)
dead, dying or decaying trees, shrubs, bushes or vegetation;
(c)
paper, fabrics, carpets, furniture, cardboard, clothing;
(d)
kitchen and table waste, of animal or vegetable origin resulting from the preparation
or consumption of food except any material of vegetable placed in a Composting
Container;
(e)
cans, glass, plastic containers, dishes;
(f)
new, used or decaying/decayed 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, propane or fuel tanks;
(i)
bathroom fixtures and plumbing parts and materials;
(j)
a Motor Vehicle, recreational vehicle or motorboat that appears by reason of its age,
appearance, mechanical condition or lack of current validated license plate to be
inoperative;
(k)
vehicle tires mounted or not mounted on rims;
(l)
inoperative mechanical equipment of any type, including agricultural equipment;
(m) automotive and mechanical parts and accessories;
(n)
rubble, inert fill, fencing materials; and
(o)
sewage.
Enforcement Officer
"Enforcement Officer" means a Provincial Offences Officer as that term is defined in the
Provincial Offences Act, R.S.O. 1990, c. P.33 and such other person appointed by the
Municipality to enforce this By-Law;
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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Excavation
"Excavation" means any man-made opening or depression in the ground other than: (a) an
Excavation conducted pursuant to a pit license issued under the Aggregate Resources Act, (b)
an abandoned pit, (c) an irrigation pond, and (d) a fish pond or a water garden.
Fence
"Fence" shall mean a wall (other than the wall of a building) gate or other barrier, constructed of
wood, masonry, metal, vinyl, plastic or other manufactured material, or combination thereof,
(does not include pallets or tires) which is continuous throughout its entire length where
required, save and except where access areas and lines of sight are required for safety
purposes; and does not include agricultural fencing.
Graffiti
"Graffiti" means one or more letters, symbols, figures, etchings, scratches, inscriptions, stains or
other markings that disfigure or deface a building, howsoever made, including but not limited to:
initials, slogans, emblems, logos or drawings, either written in ink, spray paint, chalk, marker or
any other writing implement on private property and visible to the public.
Industrial and/or Commercial Waste
"Industrial and/or Commercial Waste" means any article, thing, matter or effluent belonging to or
associated with industry or commerce or any trade, business, calling or occupation that appears
to the Enforcement Officer to be waste material and includes but is not limited to any of the
following:
(a)
piping, tubing, conduits, cable fittings or other accessories, or adjuncts to the piping,
tubing, conduits or cable;
(b)
containers of any size, type or composition;
(c)
rubble, inert fill;
(d)
mechanical equipment, mechanical parts, accessories or adjuncts to mechanical
equipment;
(e)
articles, things, matter, effluent which 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;
Whether or not the products are manufactured or otherwise processed;
(f)
bones, feathers, hides;
(g)
dead, dying or decaying trees, shrubs, bushes or vegetation;
(h)
paper or cardboard packaging or wrapping;
(i)
material resulting from, or being part of, construction or demolition projects;
(j)
a Motor Vehicle, Inoperative, Derelict, Abandoned;
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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(k)
a Motor Vehicle, Unlicensed;
(l)
automotive and mechanical parts and accessories; and
(m) Sewage.
Land
"Land" means real property and includes grounds, yards, vacant lots or any part of a lot that is
not beneath a building.
Motor Vehicle
"Motor Vehicle" means an automobile, truck, motor home, motorcycle, and/or any other vehicle
propelled or driven other than by muscular power.
Motor Vehicle, Inoperative, Derelict, Abandoned
"Motor Vehicle Inoperative, Derelict, Abandoned" means a Motor Vehicle which is in state of
advanced disrepair having missing or damaged parts or deteriorated body conditions that
render it inoperative, and includes a Motor Vehicle that has been evidently abandoned and left
in a state of apparent disuse, regardless of whether it is either operable or inoperable or
licensed or unlicensed for operation.
Motor Vehicle, Restorable
"Motor Vehicle, Restorable" shall mean a motor vehicle of such an age, or other unique quality
or category, that the owner thereof can demonstrate and has demonstrated a credible intention
to restore same to its original or comparable condition and, further thereto, the said motor
vehicle is being stored in a manner in keeping with the said intention to restore same.
Motor Vehicle, Unlicensed
"Motor Vehicle, Unlicensed" means a Motor Vehicle that is unlicensed in accordance with the
Highway Traffic Act , R.S.O. 1990, c. H. 8 and fails to display a current validated sticker.
Municipality
"Municipality" means The Corporation of the Township of Dawn-Euphemia.
Owner
"Owner" includes the legal owner(s), lessee(s) and/or occupant(s) of the Land.
Refuse
"Refuse" means Waste and also includes 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 such waste
does not cease to be refuse by reason that it may be commercially saleable or recyclable.
Rubble
"Rubble" includes broken concrete, bricks, stones, broken asphalt, patio or sidewalk slabs.
Servant/Agent
"Servant/Agent" means any service provider who has been contracted or engaged to carry out
the works necessary to bring property into compliance with this By-Law which may include but
not limited to paid duty police officers, security personnel, property estimators, professional
engineers, qualified tradespeople, and municipal employees.
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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Sewage
"Sewage" includes any liquid or pelletized Waste containing human, vegetable, or mineral
matter but does not include roof water or storm run-off.
Waste
"Waste" means Domestic and/or Agricultural Waste and/or Industrial and/or Commercial Waste.
Woodlot
"Woodlot" has the meaning given to it in The Corporation of the County of Lambton Woodlands
Conservation By-Law, as amended.
Yard
"Yard" means the land around and appurtenant to the whole or any part of a building and used
or intended to be used or capable of being used in connection with that building and,
notwithstanding the foregoing, includes Land.
Part 2
GENERAL PROVISIONS
2.1 Administration
This By-Law is administered and enforced by the Municipality and any other person, including
corporation, appointed by the Municipality to administer this By-Law and/or any part thereof.
2.2
Land -filled up and drained - owner responsibility
Every Owner shall keep his Land free of standing water.
2.3 Excavations - filled - exception - enclosed by barrier
Every Owner shall fill in any Excavation on the Land to an adjacent grade with non-
contaminated fill unless:
(a) the Excavation is enclosed completely by a fence having a minimum height of at
least 1.5 meters or 60 inches (5 feet) in height; or
(b) construction is proceeding on the Land where the Excavation is located for which a
valid building permit has been issued by the Municipality.
2.4
Water - exceeding 30 cm - drained exception
Every Owner shall drain Land of the accumulations of water that exceeds 30 centimeters (12
inches) in depth unless the water:
(a)
is completely enclosed by a temporary barrier of at least 1.5 meters or 60 inches (5
feet) in height;
(b)
constitutes a storm water management pond approved by the Municipality;
(c)
constitutes a natural body of water or results from the periodic flooding of a natural
water course;
(d)
constitutes a water garden or fish pond; or
(e)
constitutes a private drain or a municipal drain or any part thereof.
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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2.5
Land - cleared
Every Owner shall keep his Land Cleared and free of Refuse.
2.6
Dumping - prohibited - without lawful authority
No Owner shall throw, place, dump or deposit Refuse on private property or municipal property
without lawful authority.
2.7
Swimming pool - maintained
Every Owner shall keep or maintain water in a swimming pool in a condition which is not: (a) a
health or safety hazard, (b) foul-smelling, or (c) a breeding place for mosquitoes.
2.8
Land - removal of refuse
Every Owner shall remove Refuse from his Land.
2.9
Storm water run-off - drainage
Every Owner shall direct storm water run-off generated on his Land away from neighbouring
lands. Every Owner shall grade and maintain his Land so as to prevent ponding or the entry of
water onto adjacent lands.
2.10 Ditches, private drains, swells and water courses
Every Owner shall maintain ditches, private drains, swells and water courses on his Land to
facilitate the unimpeded flow of water and to prevent ponding.
2.11 Storm Water or Roof Water Discharge
No Owner shall discharge storm water or roof water on to a sidewalk, walkway, steps, porches
or other pedestrian's access to a property that could be hazardous or result in a potential safety
risk to any other person.
2.12 Graffiti - removal
Every Owner shall clean Graffiti off of the exterior of any Building located on his Land.
Part 3
GENERAL PROHIBITIONS
3.1
Refuse, Grass, Weeds - not cleared - from land - prohibited
No Owner shall fail to keep his Land Cleared and free of Refuse.
3.2
Excavation - failure to enclose - prohibited
No Owner shall fail to enclose an Excavation with a temporary barrier of at least 60 inches or 5
feet in height.
3.3
Water - 30 cm deep - failure to drain - prohibited
No Owner shall fail to drain an accumulation of water on his Lands exceeding 30 centimeters
(12 inches) in depth, except as permitted in 2.4.
3.4
Private property - refuse - deposit on
No Owner shall deposit Refuse on private property without lawful authority.
3.5
Municipal property - refuse - deposit on
No Owner shall deposit Refuse on public property without lawful authority.
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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3.6
Water in swimming pool - fail to maintain
No Owner shall fail to keep or maintain water in a swimming pool located on his Land in
accordance with the provisions of this By-Law.
3.7
Land use - prohibited
No Land shall be used as a place to store, keep, display, pile or accumulate in the open any
Waste, scrap, iron or other scrap metals, used building materials, clothing or household goods,
furnishings, fixtures, appliances, or any parts or portions thereof unless such lot is specifically
zoned and approved by the Municipality for such purpose.
3.8
Land use
Notwithstanding section 3.7 above, Lands may be used for the sale or display of household
goods, furnishings, apparel and similar articles provided such sale and display is limited to not
more than four (4) days in any calendar year.
3.9
Waste - Collection
Refuse shall be placed for collection in accordance with the Municipality's by-laws and shall be
disposed of.
3.10 No obstruction of Enforcement Officer
No Owner shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement Officer in
the administration or enforcement of this By-Law.
3.11 Yards - Motor Vehicles
All Yards shall be kept free and clear of Motor Vehicle, Inoperative, Derelict, Abandoned and
Motor Vehicle, Unlicensed and all other dismantled, discarded, wrecked or abandoned vehicles,
farm machinery and equipment, railway cars, trailers, boats and street-car bodies and kept free
of Refuse and of parts of motor vehicles whether inoperative or not unless the Lands upon
which the Yard is situated:
(a) are licensed as a salvage yard in accordance with the Municipality's by-laws; or
(b) constitute a waste disposal site for which an environmental certificate of compliance
has been granted pursuant to the Environmental Protection Act, R.S.O. 1990, c.
E.19, as amended; or
(c)
is enclosed in a building; or
(d)
constitutes a permitted use and is in conformity with the Municipality's zoning by-
laws or otherwise constitutes a legal non-conforming use under the Planning Act,
R.S.O. 1990, c. P.13.
3.12 Permitted Use
Notwithstanding Section 3.11, the use of sea containers, railway cars, street cars, buses, trucks,
trailers, vans and similar motor vehicles or parts thereof are permitted provided they satisfy the
provisions of the Municipality's zoning by-laws for accessory buildings.
3.13 Graffiti - removal
No Owner shall fail to clean and remove Graffiti from the exterior of a Building on his Lands.
3.14 Fence
Fences shall be maintained in a safe and structurally sound condition.
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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3.15 Hedges and Trees
Hedges and trees adjacent to a public sidewalk or road shall be cut and trimmed so as to permit
safe and unhindered passage.
3.16 Restorable Vehicle
A maximum of one (1) restorable vehicle may be parked in a driveway.
3.17 Commercial Vehicles
Yards shall be kept free and clear of commercial vehicles unless such property constitutes a
permitted use and is in conformity with the Zoning By-law or otherwise constitutes a legal non-
conforming use under the Planning Act.
3.18 Notwithstanding section 3.17 to the contrary, the use of buses, trucks, trailers, vans, and
similar motor vehicles together or parts thereof and commercial vehicles may be permitted
provided they satisfy the provisions of the Zoning By-law for accessory buildings and are
maintained to the satisfaction of the Municipality.
3.19 Outside Storage of Refuse, Compost or Recyclable Material
Where refuse, compost or recyclable material is stored outside of the enclosed walls of a
building, the refuse, compost or recyclable material shall be stored, by an owner or occupant, in
a container suitable for such a purpose and in a manner that does not attract pests or create a
health or safety hazard due to the nature of the storage or through deterioration or misuse of the
storage facility.
Every owner or occupant shall carry out all composting in accordance with the following
requirements:
(a)
Only in the rear yard of a dwelling unit;
(b)
Only in a container or digester and only on land on which a dwelling unit is located;
(c)
Any compost containers or digesters used for composting shall be kept covered
tightly at all times, except when being emptied or filled;
(d)
Compositing in a pile is prohibited;
(e)
No feces shall be placed in a compost container or digester used for composting;
(f)
No offensive odour shall be permitted to emanate from the compost container, or
digester used for composting;
(g)
Any compost container or digester used for composting shall be set back at least 0.6
metres (1.97 feet) from any lot line;
(h) No bones, meat, dairy or other fat products are permitted to be composted.
Part 4
EXEMPTIONS
4.1
Collection of Waste - exemption
This By-Law does not apply to the placement or collection of Waste left at the curb in
accordance with the Municipality's waste collection by-law(s).
Part 5
INSPECTIONS AND NOTICES
5.1
Enforcement Officer
The Enforcement Officer may, by written order ("Order") posted on the Land and either
provided personally to the Owner or sent to the Owner by registered mail, require the Owner to
take such action as may be necessary to bring the Land or structure in compliance with this By-
Law within the time period specified in the Order.
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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5.2
Notice
An Order given by an Enforcement Officer to an Owner shall identify the Land or structure at
issue and the violation(s) observed by the Enforcement Officer.
5.3
Address
Where an Order is to be sent by registered mail to an Owner, it shall be sent to the attention of
the Owner of the Lands at the address shown on the most up-to-date tax assessment roll
maintained by the Municipality.
5.4
Deadline
An Order to an Owner shall also define the deadline, being the date and time, for the Owner to
comply with this By-Law, which deadline shall not be less than five (5) days excluding Saturday,
Sunday and public statutory holidays in the Province of Ontario.
5.5
Cost/Expense Notification
An Order to an Owner may advise that unless the Owner brings the Land into compliance with
this By-Law within the deadline stated in the Order, the Owner shall be liable for the
Costs/Expenses incurred by the Municipality in accordance with Section 6.6 to bring the Land
into compliance with this By-Law.
5.6
Appeal
An Order shall advise the Owner of the Owner's option to appeal the Order and any
requirements contained therein together with the person and/or position at the Municipality with
whom such appeal shall be filed and the applicable deadline for filing such appeal.
5.7
Service
An Order is deemed served upon the Owner as follows:
(a) three (3) days after the Order is posted on the Lands or sent by registered mail; or
(b) on the day the Order is served personally onto the Owner.
5.8 Inspection
The Enforcement Officer, with or without a Servant/Agent, may enter onto or inspect the use of
any land for the purpose of determining whether the land complies with this By-Law.
5.9
Deface or Remove Notice
No Owner shall remove or deface an Order which has been posted on the Land pursuant to this
By-Law.
Part 6
ENFORCEMENT and OFFENCE
6.1
Offence -Penalty for Contravention
Any person who contravenes any provisions of this By-Law is guilty of an offence and on
conviction is liable to a fine and such other penalty as provided for in the Provincial Offences
Act, R.S.O, 1990, c. P.33. Each day that such an offence is committed, or permitted to
continue, shall constitute a separate offence and may be punishable as such.
6.2
Continuation - repetition - prohibited - by order
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.
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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6.5
Enforcement Officer - entry to inspect
An Enforcement Officer with or without a Servant/Agent, may enter upon any Land at any
reasonable time to inspect and enforce compliance with this By-Law.
6.6 Default - not remedied - costs and expenses and removal
(a)
Where an Owner has been by Order required to take such steps and actions to
comply with the provisions of the By-Law and has not done so, the Municipality may,
in default of it being done by the Owner as directed, cause it to be done at the
Owner's costs/expenses.
(b) Where an Owner has defaulted in complying with the provisions of this By-Law, the
Municipality may recover all Costs/Expenses incurred in bringing the Lands into
compliance from the Owner by action or by adding the Cost/Expenses to the Land's
tax roll and collecting them in the same manner as property taxes.
(c)
Where any items are removed from the Land, the items shall be immediately
disposed of by the Enforcement Officer and/or its Servant/Agent. The Municipality
shall have no liability whatsoever to any person for any reason for any items so
disposed.
Part 7
APPEAL
7.1
If the recipient of an Order disagrees with all or any part of its content, the recipient may,
within two (2) days after the date the recipient is deemed pursuant to section 5.7 above to have
received the Order, excluding Saturday, Sunday and public statutory holidays in the Province of
Ontario, file a written appeal to the Clerk for the Township of Dawn-Euphemia by completing the
Appeal Form attached as Schedule "A" to this By-Law. The recipient shall not be entitled to
any hearing on his or her appeal. The enforcement of the Order shall be stayed until such date
as the appeal is addressed and a decision on the Order is rendered pursuant to section 7.2
below.
7.2
The Clerk shall review the recipient's completed Appeal Form and has the authority to
modify, rescind or confirm all or any part of the content of the Order under appeal, and the
Clerk's decision shall be final and not subject to any further appeal. The recipient shall comply
with the Clerk's decision, if applicable, within the deadline stated in the decision to bring the
Land into compliance with this By-Law, if applicable, failing which the Owner shall be in violation
of this By-Law.
Part 8
GENDER
All references to the masculine gender shall, where appropriate, include references to the
feminine gender and all references to the singular shall, where appropriate, include references
to the plural.
Part 9
TITLE
The short title of this By-Law is the Tidy Yard By-Law.
Part 10
SEVERIBILITY
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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If any section or sections of this By-Law or parts thereof are found by any court to be illegal or
beyond the power of the Municipality 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 continue in full force and effect unless and until similarly
found and this By-Law shall be enacted as such.
Part 11
COMMENCEMENT
This By-Law shall come into full force and effect upon passing hereof.
Part 12
REPEAL
Where the provisions of any other by-laws are inconsistent with the provisions of this by-law, the
provisions of this bylaw shall prevail.
By-Law No. 31 of 2013 is hereby repealed.
THIS BY-LAW read a first, second and third time and finally passed this 21st day of May, 2019.
-
ORIGINAL HAS BEEN SIGNED -
___________________________
___________________________
Alan Broad, Mayor
Donna Clermont, Clerk
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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TIDY YARD BY-LAW
NOTICE OF APPEAL FORM
In accordance with Part 7 of By-Law 2019-21
Date:
, 20
.
TO:
Clerk
The Corporation of the Township of Dawn-Euphemia
4591 Lambton Line, RR4
Fax: 519-692-5511
Dresden, ON N0P 1M0
Ph: 519-692-5148
Email: [email protected]
RE:
Order to Remedy - Violation of the Tidy Yard By-Law at:
Municipal Address:
TAKE NOTICE of the appeal of the undersigned to the Clerk because of dissatisfaction with the
above-referenced Order to Remedy Violation of the Tidy Yard By-Law served upon the
undersigned.
Name: ______________________________________________________
______________________________________________________
Address: ______________________________________________________
_____________________________________________________
_____________________________________________________
Telephone Number: _________________________________________
Email Address
__________________________________________________________
Nature of Appeal:
____________________________________
________________________________
_____________________________________
Signature of owner or authorized agent
Municipality Completion
Received By:__________________________
Date:________________________________
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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Clerk Decision:
Modify
Rescind
Confirm
Details and/or Additional Comments and/Conditions:
Final Deadline:
_______________________________
___________
Signed by Clerk (or designate)
Date
Confirmation details on how and when the appeal decision has been returned to the
appellant and received.
_____
__________________________
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
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On behalf of The Corporation of the Township of Dawn-Euphemia
4591 Lambton Line, RR4, Dresden, ON N0P 1M0
Sent Registered Mail & Site Posted
ORDER TO REMEDY VIOLATION
Tidy Yard By-Law 2019-21
TO:
All persons listed on SCHEDULE "A" annexed hereto and forming part of this Order
RE: Municipal Address: 911 municipal address
Legal Description:
Example CON Lot RP etc
Municipality, County of Lambton.
BE ADVISED that on Month, Day, Year, an inspection of the property, as noted above, revealed
certain violations of the Municipality's Tidy Yard By-Law Number 2019-21.
The violation(s) are set out in Schedule "B", attached hereto, and forms part of this ORDER.
IT IS HEREBY ORDERED THAT the violation(s) as set out in Schedule "B" be remedied and the
property brought into a condition of compliance with the prescribed standards as set out in the
Tidy Yard By-Law Number 2019-21 on or before:
Month Day, Year, Time
TAKE NOTICE that if such violation(s) are not remedied within the time specified in this order,
the MUNICIPALITY MAY CORRECT SUCH VIOLATIONS by REPAIR or CLEARANCE at the
expense of the owner.
AND TAKE NOTICE that a person who considers the Order is unreasonable, the Owner
may appeal the Order to the Administrator-Clerk within 2 (two) days of the Order being
received, in the attached form and pursuant to Part 7 - Appeal.
Dated at Wyoming this **th day of Month 20**, on behalf of the Corporation of the Township of Dawn-
Euphemia.
______________________________________
Name
Name
Property Standards and
Chief Building Official
By-Law Enforcement Officer
Manager, Building Services
Building Services Department
789 Broadway Street, Box 3000
Wyoming, ON N0N 1T0
Telephone: 519-845-5420
Toll-free: 1-866-324-6912
Fax: 519-845-3817
Tidy Yard By-Law 2019-21 Township of Dawn-Euphemia
Page 16 of 16
Schedule "A"
By-Law Number 2019-21
The Corporation of the Township of Dawn-Euphemia
List all owners of land as defined in the By-Law, as applicable
Schedule "B"
Part 1 of 2
By-Law Number 2019-21
Municipality
By-Law
Reference:
Description of By-Law:
Note these references and list is not exhaustive.
Ensure your property is maintained within By-Law 2019-21.
Attached is a copy of the Tidy Yard By-Law 2019-21.
Schedule "B"
Part 2 of 2
By-Law Number 2019-21
The Corporation of the Township of Dawn-Euphemia
DEFECIENCIES NOTED UPON INSPECTION
-
Provide Bulleted Listing
REQUIRED ACTION
-
Provide Bulleted Listing
REMINDER:
A re-inspection will take place on or after Month, Day, Year, Time.
As noted above, this Order will serve as the official notice to advise the Owner that the property
brought into compliance and also serve as notice that the Municipality will undertake the
necessary works should the property remain in contravention after the specified deadline as
stated in the Order or in accordance with an Appeal deadline and the Owner shall be liable for all
Costs/Expenses incurred by the Municipality in accordance with the Tidy Yard By-Law provisions.
No further notices will be provided.
The Municipality would appreciate your cooperation in this matter to avoid further legal action.