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THE CORPORATION OF THE TOWN OF DESERONTO
BY-LAW NUMBER 9-01
A BY-LAW TO REGULATE GRASS CUTTING ON PRIVATE PROPERTIES
WHEREAS Section 210, paragraphs 80, of the Municipal Act, R.S.O. 1990, c.M.45, as amended,
authorizes Council to pass By-laws for requiring and regulating the cleaning and clearing of any
grounds, yard and vacant lots;
AND WHEREAS Section 326 of the Municipal Act provides that, where Council has authority to
direct or require by By-Law or otherwise that any matter or thing be done, Council may by the
same or by another By-Law direct that, in default of it being done by the person directed or
required to do it, such matter or thing shall be done at the person's expense, and the municipality
may recover the expense incurred in doing it by action, or the same may be recovered in like
manner as municipal taxes;
AND WHEREAS Section 220.1(2) of the Municipal authorizes Council to pass By-Laws imposing
fees or charges for services or activities provided or done by the municipality;
AND WHEREAS Council deems it appropriate to establish standards prescribing the maximum
length to which grass may be allowed to grow on privately owned land within the municipality and
requiring the owners and occupants of such lands to keep the grass cut.
NOW THEREFORE the Council of The Corporation of the Town of Deseronto enacts as follows:
1. For the purposes of this By-Law
(a)
"commercial property" means a property zoned for commercial use under the
appropriate Zoning By-Law of the municipality regulating use of the property, and any
other property located within the municipality that is used primarily for commercial
use.
(b)
"enforcement officer" means any person who is a peace officer employed by the
municipality's police force or any person who has been appointed by the municipality
as a By-Law Enforcement Officer, Provincial Offences Officer or Property Standards
Officer.
(c)
"grass" means any of the numerous plants of the family graminae with narrow leaves
and jointed stems and shall include weeds other than those classified as noxious
weeds.
(d)
"industrial property" means a property zoned for industrial use under the appropriate
Zoning By-Law of the municipality regulating use of the property, and any other
property located within the municipality that is used primarily for industrial use.
(e)
"municipality" means the Town of Deseronto
(f)
"property" means a contiguous parcel of land under common ownership or, in the
case of lands within a plan of subdivision, and individual lot.
(g)
"residential property" means a property zoned for residential use under the
appropriate Zoning By-Law of the municipality regulating use of the property, and any
other property located within the municipality that is used primarily for residential use.
2.
No person who owns or occupies a property within the municipality shall permit the grass on
the property to grow to a length greater than the length permitted for the property as set out
in Schedule "A" to this By-Law.
3.
Despite clause 2 above, there shall be no limit on the maximum length to which grass may
grow on any commercial property or industrial property that is being used to actively
cultivate an agricultural crop.
4.
If an enforcement officer finds grass growing on a property with the municipality that is
longer than the maximum length permitted by this By-Law, the municipality may, without
notice to the owner or occupant of the property, enter onto the property at such time or
times as is necessary for the purpose of cutting the grass at the owner's expense.
5.
If the municipality cuts the grass on a property in accordance with the provisions of clause 4
above, the owner of the property shall be liable to the municipality for the cost of cutting the
grass in accordance with those costs set out on Schedule "B" to this By-Law.
6.
Any amount payable by the owner of a property in accordance with this By-Law shall
constitute a debt of the owner to the municipality and shall be due and payable in full on the
date 30 days following the date of an invoice sent to the owner of the property by prepaid
first class mail according to the last revised assessment roll of the municipality.
7.
Interest shall accrue and be payable on any amount not paid when due at the rate of 15%
per annum.
8.
If the owner of a property who is liable to the municipality for the cost of cutting grass on the
owner's property fails to pay the amount owing when due, the municipality may add the
amount to the tax roll for the property and recover it in like manner as municipal taxes.
9.
Any person who contravenes any provision of this By-Law is guilty of an offence and upon
conviction is liable to payment of a fine.
10. This By-Law shall come into force and take effect on the day it is passed.
READ A FIRST AND SECOND TIME AND FINALLY PASSED THIS 11th DAY OF JUNE, 2001
SCHEDULE"A"
1.
In the case of a residential property, grass shall not be permitted to grow to a length greater
than 10 inches as measured by an individual plant or blade outstretched in a straight
manner.
2.
In the case of a commercial property, grass shall not be permitted to grow to a length
greater than 30 inches as measured by an individual plant or blade outstretched in a straight
manner, or
3. In the case of an industrial property, grass shall not be permitted to grow to a length greater
than 30 inches as measured by an individual plant or blade outstretched in a straight
manner.
SCHEDULE"B"
COSTS FOR MUNICIPALITY TO CUT GRASS ON PRIVATE PROPERTY
The following costs shall be charged by the municipality for cutting grass on a property in
accordance with this By-Law.
a) Property with an area one half acre or less
$125.00
b)
Property with an area of one half acre to one acre
$225.00
c)
Property with an area greater than one acre
$225.00 plus $25.00 per
hour for the actual time
required to cut the grass