Clean and Clear Yards By-Law No. 32-2025 (Town of Deep River)

Deep River, Ontario · No. 32-2025 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 539f4baede7d · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWN OF DEEP RIVER BY-LAW NUMBER 32-2025 A BY-LAW TO REQUIRE THE OWNERS OF YARDS WITHIN THE TOWN OF DEEP RIVER TO CLEAN AND CLEAR THEM WHEREAS Section 127 of the Municipal Act, 2001, authorizes the councils of municipalities to pass By-Laws to require the cleaning or clearing of the land, not including buildings, or to clear refuse or debris from the land, not including buildings; AND WHEREAS Section 10 of the Municipal Act, 2001, authorizes the councils of municipalities to pass By-Laws for the health, safety and well-being of persons; AND WHEREAS Section 391 of the Municipal Act, 2001, authorizes the councils of municipalities to impose fees or charges for services rendered; AND WHEREAS Council deems it advisable to regulate the cleaning and clearing of properties within the Town of Deep River; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Deep River enacts as follows: 1 DEFINITIONS In this by-law: “Building” includes: a) astructure occupying an area greater than fifteen (15) square metres (equivalent to 160 square feet) consisting of a wall, roof and floor or any of them or a structural system serving that function, including all plumbing, works, fixtures and service systems appurtenant to it; b) a structure occupying an area of fifteen (15) square metres (equivalent to 160 square feet) or less, that contains plumbing, including the plumbing appurtenant to it; and c) any structure designated in the Ontario Building Code as a “building”. “By-Law” means this By-Law, as it may be amended from time to time. The Recitals to, and the Schedules attached to this By-Law are considered integral parts of this By-law. “Council” or “Town Council” means the municipal council for the Town of Deep River. “Composting Container” means an approved container capable of enclosing composting materials in a neat and odour free condition. “Debris” includes garbage of any kind, and without limiting the generality of the foregoing, includes the following: a) material of any kind which has been discarded by its rightful owner; b) excessive accumulations or piles of tree, brush, or grass clippings which are not part of a composting heap; c} acomposting heap, which is not properly contained in a composting container or composting containers for efficient composting purposes, including tree or brush cuttings; d) garbage, rubbish, junk, or litter; e) discarded paper, paper products, cardboard, clothing; f) waste, which includes pet excrement; g) items which cannot be used for their rightful or originally intended purpose due to their placement or situation; h) unlicensed items; i) inoperative, unused, or abandoned vehicles or mechanical equipment; j) automotive and mechanical parts or accessories; k) industrial or commercial equipment, whether operative or inoperative; 1) appliances, furniture, furnaces, heaters or fuel tanks; m) construction or demolition debris, broken concrete or asphalt, pavement patio/sidewalk pavers, unusable building materials, earth or rock fill; n) recovered or recycled materials including firewood, which are haphazardly strewn about and not stored or piled neatly; 0) dead and / or decaying trees, that due to their location or situation on private property may be a health or safety hazard to public property or the users of public property. “Dwelling” means a building or structure, any part of which is or is intended to be used for the purpose of human habitation and includes a building that would be used or intended to be used for such purposes. “Lot” means a separately transferable parcel of land in any zone as defined within the Town of Deep River Zoning By-law save and except lands zoned Open Space or Environmental Protection. “Naturalization” means a recognized practice of gardening that encourages the deliberate introduction, use, and maintenance of native and non-native species through generally accepted landscape practices to produce ground cover other than turfgrass. Naturalization does not mean neglect or disregard to the maintenance of property. “Naturalized Area" means lands that have been deliberately landscaped to produce ground cover other than mown turfgrass and that includes two or more species of wildflowers, shrubs, perennials, grasses, or combinations of them, whether native or non-native, consistent with a managed and natural landscape; lands where the owner or occupant has re-established a reproducing population of native species, through a combination of natural regeneration and deliberate plantings; and may include a water feature that is deliberately created for the landscape and managed appropriately. “Notice” means the written notice referenced in Section 5 of this By-Law. “Occupier” means any occupant of the property in question with authority to act on behalf of the registered owner/occupier, any person authorized by the registered owner to act on their behalf; any lessee or occupant of the property who, under the terms of a lease or occupancy agreement, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; and any mortgagee or receiver and manager or trustee in bankruptcy with possession and control of the property. “Officer” means a person within the administration of the Town who has been appointed as an officer for the purposes of the enforcement of any or all of the Town's By-Laws. “Owner” means the registered owner of the property in question identified in the Land Registry Office of the Ministry of Consumer and Commercial Relations. “Police Officer” means a chief of police or any other police officer in a police service that is appointed for enforcing or carrying out the provisions of this by-law. “Public Property” means any property owned by the federal government, provincial government or the Town of Deep River. “Standing Water” means standing or stagnant water in a vessel, pool, container or other item capable of holding water where evaporation is the only means of evacuating the water, but does not include standing or stagnant water in a ditch, culvert, drainage work, agricultural field or other depression in the ground. “Shipping Container’, “Seacan”, “Storage Container’, “Storage Trailer” means any unlicensed trailer, whether or not the same is mounted on wheels; mobile storage trailers, storage structures or cargo boxes designed or serving as commercial shipping or cargo containers; truck trailers or boxes; or the parking of tractor-trailers or separate tractor or cargo boxes, but not including an establishment. For the purposes of this definitions, unlicensed trailer means a trailer which does not a valid permit under the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended. “Town”, “The Town of Deep River” means The Corporation of the Town of Deep River and includes its entire geographic area. “Turfgrass” means any of the various grass species typically grown for lawns; of a type that forms a dense, even turf when mown (including, but not limited to, Kentucky Bluegrass, Canadian Bluegrass, Perennial Ryegrass, and Fine Fescue). “Vacant Lot” means a Lot which contains no occupied buildings. “Vehicle” includes any motor vehicle, trailer, boat, watercraft, motorized snow vehicle, and any other vehicle drawn, propelled or driven by any kind of power, including muscular power. “Unlicensed Items” means items which cannot be used for their rightful or originally intended purpose due to lack of license, registration or other requirement, including but not limited to insurance coverage and mechanical safety certificate. “Unsafe Debris” means any refuse or debris which is situated on private or public property in such a manner as to cause an immediate safety concern to members of the general public or that may create a health, fire, or accident hazard. “Unsafe Standing Water” means standing water which is situated on private or public property in such a manner as to cause an immediate safety concern to members of the general public. “Yard” means the land in common ownership with, and around or appurtenant to, a residential or non-residential building, which is used or capable of being used in connection with the property. The definition includes any land which is in common ownership with the lot on which the building is situate, and is actually used in connection with the property. 2 GENERAL DUTIES AND OBLIGATIONS 2.1 2.2 2.3 2.4 Every owner and / or occupier shall keep their lands in a state of good repair, and shall maintain those lands in a clean, clear and safe condition, free from refuse and/or debris or materials that create a nuisance. No person shall throw, place or deposit refuse or debris on any lands. Owners and / or occupiers shall ensure that yards are kept clean and clear from a) Refuse and debris; b) Objects or conditions that may create a health, fire or accident hazard, or public nuisance; c) Dilapidated, collapsed, unsafe or unsecured structures; or partially constructed structures which are not currently under construction; or Where on any lands there is refuse or debris, the owner and/or occupier shall remove such items from the land so that the land is left in a clean condition. VEHICLES AND EQUIPMENT No wrecked, dismantled, inoperative, discarded or abandoned machinery, vehicles, trailers, boats, or watercraft shall be parked, stored or left in any yard unless it is necessary for the operation of a business enterprise lawfully situated on the property 3.2 3.3 3.4 4.2 4.3 44 4.5 46 and then only in an arrangement such as to prevent an unsafe or unsightly condition and not in the front or exterior side yards. Nothing in subsection 3.1 prevents the occupant of a residential property from repairing a vehicle which is the occupant's own vehicle provided that there is only one (1) vehicle being repaired, the vehicle is being actively repaired, and the vehicle is not parked or stored on any public tand or road allowance. No vehicle shall be parked or stored in the front yard or exterior side yard except on a paved or otherwise appropriately finished and demarcated driveway surface. Vehicles shall not be stored or parked on any public land or road allowance, other than in compliance with the Parking By-Law, as amended. No owner and / or occupier shall place, park, or store any storage container, storage trailer, seacan, and / or shipping container on any yards, except in compliance with the Zoning By-law, as amended. LANDSCAPING, VEGETATION, AND MATERIALS No owner and / or occupier of private land shall have, or be permitted to have, or allow to grow on their lot, noxious weeds designated under the Weed Control Act, R.R.O 1990, Regulation 1096, and / or any Local Weeds designated by the County of Renfrew. Any noxious weeds must be controlled and / or removed from the lands and destroyed as regulated by the Weed Control Act, R.R.O 1990. Compost heaps or bins shall not be placed in the front yard, side yard, or exterior side yard and shall meet the required setback for an accessory building in accordance with the Zoning By-Law. The owner and / or occupier of private jand shall cut the turfgrass on their land whenever the growth of turfgrass exceeds 20 centimetres in height or length from June 1 to December 1. Turfgrass lawns shail be kept trimmed, and not be overgrown or in an unsightly condition out of character with the surrounding environment. The use of naturalized or landscaped areas not containing turfgrass shall not relieve an owner and / or occupier from any other responsibilities or duties described in this or any other By-Law. The owner and / or occupier of private lands shall maintain all vegetative growth on their land such that vegetative growth shall not obstruct sidewalks or roadways, and shall not restrict driver and pedestrian sight lines at intersections, driveways, sidewalks, walkways, or visibility to all traffic control devices. Domestic materials such as firewood, building materials, garden equipment and materials may be stored in a rear or interior side yard, provided that a) Such storage does not exceed 15 percent of the yard area in which it is stored; b) Such storage shall be neatly piled and shall not constitute a hazard; and 6.2 6.3 6.4 6.5 c) Such storage shall not be stored in the front or exterior side yard. STANDING WATER No owner and / or occupier of private lands shall allow standing water to accumulate on their lands. NOTICE Where a Municipal Law Enforcement Officer becomes aware via complaint or where reasonable grounds exist to indicate, that a property is contravention of this By-Law, they may issue a written Order to that owner and / or occupier to make the lands conform to the requirements of this By-Law, and such Order shall specify the time allowed for compliance. Such Order shall be delivered by registered mail, direct delivery by hand, or posted in a weather-resistant fashion in a conspicuous location at the site which is the subject matter of the notice. Any complaint submitted shall be in writing and shall include the date, name of complainant, contact information of the complainant, address of the property believed to be in contravention and the complainant's signature, to be provided for the purpose of evidence in the event that the matter proceeds to court. The Municipal Law Enforcement Officer also has the discretion to issue an Informal Notice to the property owner. If the property owner does not comply with the Informal Notice, the Municipal Law Enforcement Officer shall issue a written Order. Amendment of Notice Time Where an owner and / or occupier is making reasonable effort to comply with a notice, but requires more time within which to complete the removal of the debris or standing water, the Director responsible for municipal by-law enforcement or a Municipal Law Enforcement Officer may, in their discretion, approve up to two (2) time period extensions pursuant to this section of the By-Law. Each extension shall be for a time period no longer than thirty (30) days. in those circumstances, written notice of the change to the original notice shall be delivered to all persons who received the original notice. Withdrawal of Notice Where an owner and / or occupier has either complied with the notice within the appropriate time frame, or where a Municipal Law Enforcement Officer is satisfied that the owner and/or occupier has corrected the problem without necessarily strictly complying with the notice, the Municipal Law Enforcement Officer may withdraw the notice by sending written notice of the withdrawal to all persons who received the original Order. UNSAFE CONDITIONS 7.1 7.2 7.3 7.4 7.5 8.1 8.2 8.3 Unsafe Debris Where the circumstances of sections 2, 3, and 4, as applicable, exist, but where such circumstances creates an immediate safety concern to members of the general public or that may create a health, fire, or accident hazard, section 7 applies. Unsafe Standing Water Where the circumstances of section 5, as applicable, exist, but where any part of the standing water in question is unsafe standing water, section 7 applies. Immediate Action In circumstances of section 7.1 or section 7.2, a Municipal Law Enforcement Officer is specifically authorized to take immediate steps, or to cause immediate steps to be taken, to eliminate the danger associated with the unsafe debris or unsafe standing water and any costs expended shall be the responsibility of the owner or occupier of the subject property. Limited Authorization The authorization provided by section 7.3 of this By-Law is limited only to such steps as are required to remove the unsafe standing water or the unsafe debris as the case may be. Cost Recovery Where section 7.3 of this By-Law is invoked, all costs associated with the work, including any Administration Fee, shall be added to the tax roll of the property from which the danger was eliminated, and shall be collected in like manner as municipal taxes as well as an administration fee as set out in Schedule “A” to this By-Law. OFFENSES Any person who contravenes any provision of this By-Law is guilty of an offence. The failure of any owner and / or occupier to comply with a notice within the time frame specified in that notice, subject to sections 6.4 and 6.5 of this By-Law, constitutes an offence. No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power or performing a duty under this By-Law. ENFORCEMENT This By-Law may be enforced by every Municipal Law Enforcement Officer or Police Officer. 10 11 12 13 14 15 15.1 PENALTY Any person who contravenes any provision of this By-Law is guilty of an offence, and upon conviction, is liable to a fine in accordance with the provisions of the Provincial Offences Act, 1990 c.P33 and to any other applicable penalty. COURT ORDER If this By-Law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. TOWN MAY COMPLETE WORK Where an owner and / or occupier fails to comply with a notice within the specified time frame subject to amendment in accordance with Section 6.4 or withdrawal in accordance with section 6.5, a Municipal Law Enforcement Officer may, in addition to any enforcement of this By-Law, cause the Town’s forces or contracted forces to complete the work required by the notice, without further notice to the owner and / or occupier. COST RECOVERY Where Section 9 of this By-Law is invoked, all costs associated with the work shall be added to the tax roll of the property which is the subject matter of the notice and shall be collected in like manner as municipal taxes as well as an administration fee as set out in Schedule “A”. ADMINISTRATION OF BY-LAW Unless otherwise indicated in this By-Law, the administration of this By-Law is assigned to the Municipal Law Enforcement Officer, who may delegate the performance of any of the Municipal Law Enforcement functions under this By-Law from time to time as required. INTERPRETATION RULES Wherever this By-Law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the By-Law with the gender applicable to the circumstances. 15.2 References to items in the plural include the singular, and references to items in the singular include the plural, as applicable. 15.3 The word “include” is not to be read as limiting the phrases or descriptions that precede it. 16 STATUTES 16.1 References to laws in this By-Law are meant to refer to the Statutes, as amended from time to time, that are applicable within the Province of Ontario. 16.2 Provincial Offences Act in Effect: All penalties imposed as a result of the contravention of any of the provisions of this By-Law shall be enforceable and recoverable under the provisions of the Provincial Offences Act. 17 SEVERABILITY 17.1 |f a court or tribunal of competent jurisdiction declares any portion of this By-Law to be illegal or unenforceable, that portion of this By-Law will be considered to be severed from the balance of the By-Law, which will continue to operate in full force and effect. 18 EFFECTIVE DATE This By-Law shall take effect upon the final passing thereof and upon approval by the Ministry of the Attorney General. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 117 DAY OF JUNE, 2025. SSPpaaco Wht bry Glenn Doncaster, Reeve Jacly’ Mellon, Clerk This photocopy is a true copy of the original document which has not been altered in any way. LV je/ A Jackie Melion, a Commissioner, stc., County of Renfrew, while Clerk of the Corporation of the Town of Deep River. THE CORPORATION OF THE TOWN OF DEEP RIVER SCHEDULE “A1” to By-Law 32-2025 A BY-LAW TO REQUIRE THE OWNERS OF YARDS WITHIN THE TOWN OF DEEP RIVER TO CLEAN AND CLEAR THEM PRESCRIBED ADMINISTRATION FEES Occurrence Fee Initial First Inspection No Fee Initial Final Inspection No Fee Second Offence Inspection No Fee Second Offence Final Inspection $100.00 Third Offence Inspection No Fee Third Offence Final Inspection $200.00 Fourth Offence Inspection No Fee Fourth Offence Final Inspection $400.00 Fifth Offence Inspection No Fee Fifth Offence Final Inspection $800.00 Note: For all subsequent offences to the fifth offence, the Final Inspection Fee shall be multiplied by two times the previous inspection fee levied. Note: Where change to the ownership or occupation of the property as the case may be, transpires and the owner or occupier at the time of the offence as the case may be, ceases to be an owner or occupier of the subject property as the case may be, the occurrence cycle shall be rest to zero offences. PROVINCIAL OFFENCES ACT Part | IT |S ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 32-2025, of the Town of Deep River attached hereto is the set fine for that offence. This Order is to take effect on August 15, 2025. Dated at Ottawa, this 15" day of August 2025. Electronic Signature: aU Vincent Cliggord, 259) W. Vincent Clifford Regional Senior Justice Ontario Court of Justice East Region THE CORPORATION OF THE TOWN OF DEEP RIVER SCHEDULE “A2” to By-Law 32-2025 A BY-LAW TO REQUIRE THE OWNERS OF YARDS WITHIN THE TOWN OF DEEP RIVER TO CLEAN AND CLEAR THEM PENALTIES UNDER PART 1 PROVINCIAL OFFENCES ACT ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form wording Provision creating or | Set Fine defining Offence 1. Places, deposits, or dumps refuse |s. 2.2 $400.00 or debris 2. Owner — Allow debris to 8.2.3 $400.00 accumulate on property. s. 2.4 3. Owner — Allow standing water to s. 5.1 $400.00 accumulate on property. 4. Fails to comply with provisions of | s. 8.1 $400.00 this by-law. Fails to comply with an order, s. 8.2 $400.00 direction, or other requirement. 6. Obstructs or attempts to obstruct s. 8.3 $400.00 Officer NOTE: The penalty provision for the offences listed above is Section 10 of By-Law 32- 2025, a certified copy of which has been filed. The fine amounts listed above have been approved by the Regional Senior Justice. Dated: August 15, 2025 Electronic Signature: W. Vincent Clifford Regional Senior Justice Ontario Court of Justice - East Region